Smoking in the workplace

From 1 July 2007, smoking must be prohibited within virtually all workplaces in England.  The Smoke-Free (Premises and Enforcement) Regulations provide that any “enclosed” or “substantially enclosed” premises that are used as a place of work by more than one person, or where members of the public might attend to receive or provide goods or services, must be smoke-free. 

Premises will be considered to be “enclosed” if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis.  Premises which are “substantially enclosed” will also fall within the regulations.  These are defined as premises with a ceiling or roof but with permanent openings in the walls which are less than half of the total area of walls.  When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings can be open or shut.  A roof includes any fixed or movable structures, such as canvas awnings. 

It is clear from the regulations that dedicated smoking rooms within an employer’s premises will no longer be permitted.  Employers may choose instead to provide a smoking shelter outside (although there is no obligation on employers to do so).  Any smoking shelter must be situated away from buildings and consist of no more than a roof and one side wall, so as not to be considered “substantially enclosed”.

In general, the new smoking restrictions will apply to work vehicles as well as work premises.  The aim is to protect those who use vehicles from second-hand smoke, regardless of when they use the vehicle.  This means that if a vehicle is used as a workplace (such as a delivery van or company car), it will need to be smoke-free if it is used by more than one person, regardless of whether the people are together in the vehicle at the same time.  Smoking will still be allowed in vehicles that are for the sole use of the driver and are not used by anyone else, either as a driver or passenger.  However, employers may prefer to put in place a total smoking ban in all company vehicles due to the possibility that another person may travel in the vehicle. 

From 1 July, employers will also be under a legal duty to display no-smoking signs that meet the requirements of the legislation.  These must be displayed at the entrance to work premises and also in company vehicles.

Employers should act now to put a smoking ban in place prior to July 2007.  If the introduction of a smoking ban amounts to a change in policy, employers should consult with employees and any trade union and/or employee representatives before the changes are introduced.  Once consultation has been carried out, employers should give employees notice of the change and make it clear that any employees acting in breach of the policy will be subject to disciplinary action.  The policy should then be strictly enforced to ensure that it is taken seriously by all employees.