Going smoke-free

Peter Done, Managing director, Peninsula Business Services

The implementation of the Smoke-Free Premises, Places and Vehicles sections of the Health Act 2006 will take effect on 1 July, when nearly all enclosed public places and an estimated 3.7 million workplaces in England will become smoke-free environments. Indoor smoking rooms will no longer be allowed, while work premises and vehicles will be required to display 'No Smoking' signs.

There will be exceptions, notably any premises where a person has a home, or is living whether permanently or temporarily - including hotels, care homes, prisons and other places where a person may be detained.

Individuals may be fined for smoking in premises and the manager in charge could be fined for allowing others to smoke, or for failing to display adequate no-smoking signs.

Smoking is banned in all indoor areas, for example: company vehicles, designated smoking areas, and outdoor areas adjacent to the workplace. There is no issue for consultation with employees because it is the law. However, you may need to consult with staff if the implementation of the ban will affect your current working practices.

For example, if you intend to allow staff to continue to take smoking breaks, moving from indoors to outside, you will need to decide: if you plan to use an outdoor shelter, check it complies with the law; whether it puts others at risk; will it create difficulties with the amount of time away from work; should you consider altering the start and finish of day times to make up lost time; would it be a good idea to introduce incentives to encourage smokers to give up smoking altogether?

Once a policy has been agreed it should: explain why it has been developed - to help create a healthy, safe and comfortable environment; say who it applies to - employees or visitors and customers; say where it applies; identify the managers who are responsible for implementing and monitoring the policy; say what will happen if someone does not conform to it; give the name of someone who can answer questions or problems; and state the date of the policy coming into effect.

'No Smoking' signs must be put in prominent places.

Any failure by employers in achieving a smoke-free environment will surely result in punitive damages being awarded in the future, and possible criminal prosecution.

By eliminating exposure to smoke and second-hand smoke, you are protecting your organisation's interests by avoiding the possibility of personal injury claims against it, as a direct result of non-smoking employees suffering harm or the long term effects of passive smoking, attributable to being at work.

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