As from the 1^st July 2007 England will become ‘smoke-free’. The purpose of this note is to highlight some of the key issues surrounding the new smoke free legislation.

PREMISES

All premises will have to be smoke free if they are ‘enclosed or substantially enclosed’ and are used as a workplace by more than a single person (even if other people work there at different times or intermittently) or if there are places where the public may enter to receive goods or services.

Enclosed means a premise that has a ceiling or roof and are enclose temporarily or permanently  (disregarding doors, windows etc)

Substantially enclosed means premises with a roof and an opening in the walls (disregarding fittings that can be open or shut) which is less than half the total area of the walls.

VEHICLES

Any vehicle which is not used primarily for private purposes and which is used in the course of voluntary or paid work by more than one person will have to be smoke-free, even if the people who use the vehicle do so intermittently.

This is likely to apply to pool cars and even cars which are provided to employees as part of their benefits package. Such Company cars if they are not used primarily for private purposes and it is used to carry (even intermittently) more than one person in the course of work may well have to remain smoke free.

PENALTIES

Employer who fail to display the required no-smoking signs can be fined up to £1,000. Employer will also face fines of up to £2,500 if they fail to prevent a person smoking in smoke-free premises or a smoke-free vehicle.

THINGS TO DO

• You must display a standard A5 no-smoking sign in a prominent position at all entrances to smoke-free premises.
• No-smoking signs will also have to be displayed in each compartment of smoke-free vehicles in which people are to be carried.
• Signs for premises must contain the words ‘No smoking. It is against the law to smoke on these premises’.
• Devise a smoking policy
• Consult appropriate employee representatives about the ban on smoking
• Up-date your disciplinary policies and procedures