Smoking Ban - 01/07/2007
As of 6am on 1st July 2007, the Health Act 2006 brings the "smoke-free" provisions into force. The new law is being introduced to protect employees and the public from the harmful effects of secondhand smoke but is your organisation compliant with the smoking ban?
Key Points
- From this date it will be against the law to smoke in virtually all enclosed and substantially enclosed public places and workplaces. Substantially enclosed means an area which has a ceiling or roof and has an opening (excluding doors and windows) which is equivalent to less than half the area of the walls.
- Public transport and work vehicles used by more than one person will need to be smoke-free.
- No smoking signs will have to be displayed in all smoke-free premises and vehicles.
- Staff smoking rooms and indoor smoking areas will no longer be allowed. Anyone who wants to smoke will have to go outside.
- Managers of smoke-free premises and vehicles will have legal responsibilities to prevent people from smoking.
Penalties for breaking the Smoke-free law
If you don't comply with the new law you will be committing a criminal offence as follows:
- Failure to display no smoking signs.
A fixed penalty of £200 (reduced to £150 if paid in 15 days) imposed on whoever manages or occupies the smoke-free premises or vehicle. Or a maximum fine of £1000 if prosecuted and convicted by a court.
- Smoking in smoke-free premises or work vehicles.
A fixed penalty notice of £50 (reduced to £30 if paid in 15 days) imposed on the person smoking. Or a maximum fine of £200 if prosecuted and convicted by a court.
- Failing to prevent smoking in a smoke-free place.
A maximum fine of £2500 imposed on whoever manages or controls the smoke-free premises or vehicle if prosecuted and convicted by a court. There is no fixed penalty notice for this offence.
Enforcement
Local councils will be responsible for enforcing the new law in England. A telephone line (0800 587 1667) will also be in operation from July 2007 to enable members of the public to report possible breaches of the law. This information will be passed to local councils to follow-up as appropriate.
Employees who call the 0800 line to report their employer will be protected from dismissal or detrimental treatment as the employer has failed to comply with a legal obligation. However the employee making the call must be acting in good faith even if it ultimately amounts to a false accusation under Public Interest Disclosure (Prescribed Persons) Order 1999.
There is no proposed honeymoon period, the Regulations will be enforced as of July 2007.
Don't Get Caught Out
- Do not allow a smoking room
- Get your "no smoking" signs and ensure that they are displayed so that employees are aware that every section of your building should be smoke-free
- Ensure that your smoking shelter is not 'substantially enclosed' - if it is, take action now, don't leave it until the last minute
- Ensure 'no-smoking' signs are displayed in smoke-free premises and vehicles
- Ensure that you have an up to date smoking policy that is communicated to all staff
- Take reasonable steps to ensure that customers/members and visitors as well as staff are aware that premises and vehicles are legally required to be smoke-free
- Take steps to ensure that no one smokes in smoke-free premises or vehicles.
Further optional supportive measures
- Remove ashtrays from smoke-free areas
- Offer staff training to help them understand the new law and what their responsibilities are
- Provide your staff and customers with support and guidance to quit smoking
- Develop and maintain a smoke-free policy in consultation with staff .
For more information on this subject contact: Kevin McKenna Head of Employment at kmckenna@keoghs.co.uk or 01204 677070
Disclaimer of Liability: Nothing in this document constitutes legal advice. You should always consult a suitably qualified lawyer about any specific legall matter. Keoghs assumes no responsibility for the information in this document and disclaims all liability relating to such information.
|