All enclosed public places and workplaces will become smokefree from 1st July 2007.
The implementation of the smoke-free elements of the Health Act 2006 will mean that virtually all enclosed public places and workplaces will become smoke-free environments. This will include offices, factories, shops, pubs, bars, restaurants, membership clubs, public transport and work vehicles that are used by more than one person.
The legislation will make it an offence for those who control or manage smoke-free premises to fail to stop people smoking on them. An employer will have a valid defence if it takes reasonable steps to prevent people smoking; does not know or cannot reasonably be expected to know that they are smoking; or can show other grounds why it is reasonable not to fulfil its duty.
If employers occupy or manage smoke-free premises, they will also be under a duty to ensure that compliant no-smoking signs are displayed. Again, a defence will be available for those who, for example, could not have been expected to know that signs previously in place had been removed by vandals.
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All enclosed public places and workplaces will become smokefree from 1st July 2007.
The implementation of the smoke-free elements of the Health Act 2006 will mean that virtually all enclosed public places and workplaces will become smoke-free environments. This will include offices, factories, shops, pubs, bars, restaurants, membership clubs, public transport and work vehicles that are used by more than one person.
The legislation will make it an offence for those who control or manage smoke-free premises to fail to stop people smoking on them. An employer will have a valid defence if it takes reasonable steps to prevent people smoking; does not know or cannot reasonably be expected to know that they are smoking; or can show other grounds why it is reasonable not to fulfil its duty.
If employers occupy or manage smoke-free premises, they will also be under a duty to ensure that compliant no-smoking signs are displayed. Again, a defence will be available for those who, for example, could not have been expected to know that signs previously in place had been removed by vandals.
Employers will need to implement appropriate procedures to ensure their employees and others who access their premises refrain from smoking. These procedures will need to be in place and communicated to the workforce and visitors alike in time for the ban taking effect.
The law will mean that indoor smoking rooms, still common in some workplaces, will no longer be allowed. Employees and others wishing to smoke will have to go outside instead. Companies may also therefore need to consider the effect of this on productivity and any procedures that should be put in place governing the number of breaks and the areas that smokers may congregate in as well as any associated new risks that may arise. West Lancashire District Council is reported to be the first local authority in England to ban its staff from taking smoking breaks when it bans smoking in and around all council buildings from March 2007.
There is no requirement to provide smoking shelters for employees and others. However, if you do have an outsider smoking shelter or area, you will need to be sure that it is not "enclosed" or "substantially enclosed" under the definitions that are set out in the draft smokefree regulations. The ban is to apply to partially covered venues - the open areas of which make up less than half their total area. For example, if 40% of a pub's garden area was covered the ban would not apply. But if 60% of it was covered, then the ban would apply. An enclosed area can be so even if this is temporary and "roof " includes, for example a canvas awning.
Information and resources to support the introduction of smokefree legislation is available on the Smokefree England website.
Employers, managers and those in charge of smokefree premises and vehicles will need to:
- Identify all areas where smoking will constitute an offence and display 'no smoking' signs (to comply with regulatory minimum requirements as stated in the draft regulations),
- take reasonable steps to ensure that staff, customers/members and visitors are aware that premises and vehicles are legally required to be smokefree
- ensure that no one smokes in smokefree premises or vehicles - this may involve altering the staff handbook, invoking disciplinary proceedures and ejecting visitors from the premises if the policy is breached
Best Practice suggestions:
- develop a smokefree policy in consultation with staff, including how to deal with non-compliance
- provide your staff and customers with support to quit smoking
- ensure that your staff and customers know where they can smoke if they choose to
Click here for the Health Act 2006.
Click here for the draft smoking regulations.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 04/12/2006.
