UK Employment Alert No. 142: Smoke-free Workplaces - 1 July 2007
June 28, 2007
Background
From 6 am on Sunday 1 July 2007, it will be illegal in England to smoke in virtually all enclosed public places, workplaces and public and work vehicles. Anyone in charge of “smoke-free” premises will be legally obliged to prevent people from smoking within them.
The smoking ban will be enforced by Smoking Enforcement Officers (“SEOs”) who are employed by the local authorities who will have the power to inspect workplaces both covertly and without notice.
Liability for smoking in the workplace under the Health Act 2006
There are three potential criminal offences for employers and employees:
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Smoking in a smoke-free place (fixed penalty notice of £50 or maximum fine of £200).
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Failure by anyone who controls or is concerned in the management of smoke-free premises to stop anyone from smoking on the premises (maximum fine of £2,500).
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Failure by anyone who occupies or is concerned in the management of smoke-free premises to make sure that no-smoking signs are correctly displayed (fixed penalty notice of £200 or a maximum fine of £1,000).
An employer charged with failing to stop an employee from smoking on smoke-free premises will have a defence if it can show that:
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It took reasonable steps to cause the person in question to stop smoking; or
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it did not know, and could not reasonably have been expected to know, that the person in question was smoking.
What does this mean for employers?
If employers haven’t already done so, they need to act quickly to ensure they comply with the new law by 1 July. Although local authorities have indicated that SEOs will initially carry
out more of an advisory role (giving guidance rather than fines to those employers in breach) it is likely that there will be some high profile inspections to publicise the ban and to set an example.
The government has produced useful guidance for employers which sets out the full requirements of the legislation including the legal requirements for no smoking signs. This can be downloaded at http://www.smokefreeengland.co.uk.
In order to demonstrate that they have taken reasonable steps to meet the requirements of the new law the government guidance suggests that employers should:
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Remove ashtrays.
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Introduce a no-smoking policy.
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Train staff to understand the new law and what their responsibilities are.
No-smoking policies should specify that breaches of the policy will be dealt with under the employer’s disciplinary procedure. In addition, it is advisable for managers to keep a written record of any incident where an individual smokes in breach and the action taken.
A substantial change in smoking policy will be unpopular in a workforce who are predominantly smokers. Therefore, providing advice, support and encouraging a spirit of cooperation amongst all employees will help boost morale.
