Employers must prepare now for smoking ban

Partner Nigel Harrison, who heads Hatchers’ employment law team, is warning Shropshire businesses to start preparing for new regulations which will outlaw smoking at work and in enclosed public spaces by summer 2007.

 
“The Government has now confirmed the ban will come into force in England on 1 July and in Wales on 2 April,” says Nigel, who is based at our Battlefield office. “If employers fail to enforce the ban, they face fines of up to £2,500. They can also be fined if they do not display ‘no smoking’ signs at all entrances to their premises – and the regulations lay down minimum size requirements for such signs. In the longer term, employers may lay themselves open to employment tribunal claims and possibly even personal injury actions if they do not ensure the workplace is smoke-free.

 
WORK VEHICLES

“The ban covers workplaces or public places which are ‘enclosed’ or ‘substantially enclosed’. This means premises with a roof or enclosed by walls more than half way round, including doors and windows. Smoking will also be banned in work vehicles (although not an employee’s own vehicle unless it is being used for hire or as a work vehicle by more than one person). Businesses will be obliged to put up ‘no smoking’ signs in their vehicles.

KING SIZE

“It could be a king-size job ensuring your office or factory complies with the smoke-free regulations. I would advise any business not to leave it until the last minute to introduce a no-smoking policy. Employers should begin now to implement a gradual stubbing-out of smoking on their premises by explaining the new regulations to their employees, consulting on a phased closure of smoking areas and perhaps offering help to those wishing to give up the habit. There is no obligation on an employer to provide a smoking area outside but in some cases it might be appropriate to consider alternative arrangements for employees who smoke, while not overlooking the wishes of non-smokers.”

For advice on amending your staff handbook to incorporate rules for no smoking in the workplace, or for any other employment law matter, please contact Nigel on n.harrison@hatchers.co.uk