HUMAN RESOURCES NEWS BULLETINS

10 Days to go - Are you prepared?

Whilst you are probably well aware of the new law that comes into effect on Sunday 1st July regarding No Smoking, I thought that I would enhance some of the key points of this new legislation that will affect you as employers.

The key reason for this being introduced is to protect employees and the public from the harmful effects of second-hand smoke and to also help minimise any claims against you for ill health under passive smoking claims.

Whilst most companies already have No Smoking Policies, they will now have to ensure that all of its premises and Company vehicles are smoke free. Most companies already have designated areas but you must not only ensure that these areas comply to the new legislation of not being substantially enclosed and must be outside, you will also have to close down indoor smoking areas and remove ashtrays. Remember that smoking means in the form of manufactured cigarettes, hand rolled cigarettes, pipes, cigars, waterpipes, herbal cigarettes and not only includes tobacco, but smoking of any other 'substance'.

Companies must ensure that appropriate No Smoking signs are displayed at all the entrances to and within company premises as well as in any company vehicles. Also these signs must comply with the stipulated ones laid down by this new legislation. If you fail to do this you could receive a fixed penalty notice of £200 for failing to display these signs, although if there is a conviction this could be £1,000.

If employers haven’t realised they are infringing the ban, there is likely to be a ‘softly, softly’ approach, but the law must be taken seriously. If an infringement officer is satisfied that an employer has done what is reasonable, the focus would be on the smoker. For business owners that flout the ban outright, a compliance officer can issue a fine.

An infringement officer can enter your premises at any time to monitor compliance with this ban and will not have to identify themselves to the occupier or manager of the premises.

It will be a criminal offence to smoke in the workplace or in company vehicles under this new legislation and companies can be fined up to £2,500 for failing to prevent smoking in their workplace or in company vehicles. However, employees who also commit the offence of smoking in the workplace and in company vehicles can also face a fixed penalty notice of £50 with the maximum fine if there is a conviction of £1,000. Therefore, you must inform your employees that if they are found to have breached this legislation and are given a fixed penalty fine they will be liable to personally pay this fine and as the company will be under a legal duty to prevent no smoking in the work place, disciplinary action may be taken against them if they are found to be ignoring the ban.

Employees are also responsible in ensuring that all visitors comply with the company's No Smoking Policy and that if a visitor insists on smoking, then they must be asked to leave the company's premises. Not only will this requirement and policy apply to your employees, but also to consultants, contractors, customers, clients, visitors, members of the public, etc.

Therefore, you must ensure that you give your staff notice of the ban before it comes into effect. You don't have to have a separate No Smoking Policy but you must amend all your policies, ie Health & Safety Policy/Statement that refers to no smoking to ensure they comply with the changes that includes your handbooks, contracts of employment, offer letters, etc. Therefore if a compliance officer finds someone infringing the ban, you can point to your policy to demonstrate that you have taken adequate steps to communicate the regulations and what you do to ensure employees comply as best as possible. However, it does not mean that you wont be fined if they find someone infringing the ban. The management of such policy is down to you to ensure it is not breached.

For really helpful information you can visit http://www.smokefreeengland.co.uk/what-do-i-do/business.html. You can also download a basic No Smoking Policy from this site, but if you want a fuller and bespoke policy just ask us for one or we can update your terms and conditions of employment for you. If you don't have any smoking rules, then it might be a good time for you to introduce some, i.e. that smokers can only smoke outside of their lunch breaks and that they will be required to make up any time taken for smoke breaks.

Also, if you have employees who work from home and more than one person uses any part of that private dwelling solely as a place of work, then this will also be required to be smokefree.

Help to stop smoking
7 out of 10 smokers are likely to want to give up smoking and see this new smoking ban as the right time to try to kick the habit. As part of informing your employees about this new requirement you can also give them information on how to help kick the habit, such as:

1. visiting: www.gosmokefree.co.uk which is an online resource for all advice, information and support

2. calling the NHS Smoking Helpline on 0800 1690169

3. alternatively text ing ‘GIVE UP’ and their full postcode to 88088 to find their local NHS Stop Smoking Service or ask at their local GP practice, pharmacy or hospital

For an informal chat about any of this change or any other people management issues you may have, just call Carol.

Published: June 2007
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