Member Article

Where there's smoke, there's fines

With Watson Burton LLP Law Firm

Employers should start taking steps to prepare for the smoking ban, which comes into effect in England on 1 July 2007. This will mean an end to staff smoking rooms and, largely, smoking in company vehicles.

The main proposals in the Smoke-free (General Provisions) and other Regulations include:

• All occupiers of “substantially enclosed” work premises to be required to display prominently a “No Smoking” sign of at least A5 size. (“substantially enclosed” includes any place with a roof or walls covering more than 50% of the space);
• Employers will be liable to a fixed penalty of £200 (£150 if paid within 15 days) if they do not display the required sign. If a fixed penalty is not paid, the employer faces a fine of up to £1,000 (and a criminal record);
• Employers will also be liable for a fine of up to £2,500 for not taking reasonable steps to prevent smoking in such premises;
• Employees (and visitors) will be subject to a fixed penalty of £50 (£30 if paid within 15 days) if found smoking in such premises;
• Smoking will not be allowed in company vehicles which might be used by more than one person.

Employers should review current smoking practices in the workplace and consider:

• Introducing a smoking policy or amending an existing policy;
• Clearly communicating to workers/ visitors that premises and vehicles are smoke free;
• Clearly displaying “No Smoking” signs on premises and vehicles;
• Reviewing disciplinary procedures and ensuring strict enforcement.

There have also been some extreme suggestions: National Institute for Clinical Excellence (Nice) are advising employers to give extra time off, provide nicotine patches and/or pay for cessation therapy for employees who smoke to encourage them to quit. Various organisations are attempting to capitalise on the legislation by targeting employers with therapy services.

The impact of the ban, however, doesn’t have to be that onerous on the employer. In reality most offices are smoke free and a review of the smoking policy, communication to employees and sufficient signage should ensure compliance. Employees have no right to expect additional support.

Since the ban came into effect in Scotland in March 2006 only a couple of hundred penalty notices have been issued. It is unclear whether this is a result of compliance or under-enforcement. It remains to be seen how zealously the ban will be enforced here. If you have any queries in relation to this article, or any other employment matter, please contact Nicola Marriott at Watson Burton LLP (nicola.marriott@watsonburton.com).

This was posted in Bdaily's Members' News section by Ruth Mitchell .