Smoking ban enforcement
Smokefree England
From 1 July 2007 new legislation came into
force banning smoking from all workplaces and enclosed public
spaces in England.
The law covers all premises, which are wholly or substantially
enclosed, and used as a place of work by more than one person. All
workers will be protected from the risks to health of exposure to
tobacco smoke and guaranteed the right to smokefree air.
A Smokefree Workplace Policy sets out for all employees the
conditions and the areas in which smoking is, or is not,
permitted.
A smokefree policy will lead to the
following:
- improved
productivity
- fewer smoking breaks
- reduced staff sickness through smoking related ill health
- smoking cessation - stop smoking for healthy living
- reduction in exposure of non smokers to tobacco smoke
- reduction in risk of compensation claims and
potential prosecutions under the health and safety law
Other financial considerations:

Your workplace must be completely smokefree (smoking rooms will
no longer be allowed). 'No smoking' signs will be required at
all public (and possibly employee) entrances to your premises.
Vehicles used for work by more than one employee (even if at
different times) will have to be smokefree and display 'no smoking'
signs.
Outside areas are not covered by the new laws but you may want
to consider making it a policy that smoking is not permitted within
a certain distance from outside entrances. This would avoid
employees/visitors having to walk through a cloud of smoke to get
into the building. If you allow employees to smoke outside
your premises, you must provide a suitable ashtray/bin/fire bucket
to prevent littering and unacceptable noise levels.
What about rest/smoking breaks?
Employees must be allowed a rest break of at least 20 minutes if
their daily working time is more than six hours. Staff may
choose to smoke during their rest period but they must not smoke in
an enclosed/partially enclosed area. You may provide designated
shelters outside where people can smoke but this is not a legal
requirement. Your smoking policy should clearly state when and
where smoking outside is allowed.
Where can I get further advice and
information?
Ask a Local Authority Inspector when they call to do a food
hygiene/health and safety inspection. Phone the Smokefree England
Information Line 0800 169 1697 and register for the latest updates
and free resources or to find out more on the
Smokefree Hertfordshire
website.
Check out information on Smokefree Workplace Policies Encourage
your employees to give up smoking. If you haven't already got
a Smokefree Policy, you should talk to your employees and consult
with them to introduce one as soon as possible.