The severe affects on people’s health of secondary or passive smoking are well documented and for this reason, governments around the world have been taking steps in recent years to protect the health of the public (and employees) by introducing legislation to restrict smoking in public places and in the workplace. Scotland introduced similar legislation last year; Northern Ireland will do so from April 2007, and from July 2007, the above regulations will be introduced in England. The Welsh Assembly is likely to adopt similar regulations in the very near future. The new Regulations summarise research from around the world to demonstrate the positive effect on health of such legislation.

“In total, 12 US states have comprehensive smoke-free legislation in place, which includes completely smoke-free restaurants and bars. These laws have proved effective in protecting people from secondhand smoke. The Journal of the American Medical Association documented a significant improvement in respiratory health among bartenders after the passage of the Californian smoke-free workplace legislation. In New York, cotinine** levels in non-smoking bar and restaurant staff declined by 85 per cent. Montana saw a 40 per cent drop in hospital admissions for heart attacks during a 6-month period of smoke-free workplaces.” Smoke Free (Premises and Enforcement) Regulations, 2006 page 5.

**A major metabolite of nicotine found in blood and urine. Currently regarded as the best biomarker for exposure of nonsmokers to environmental tobacco smoke.

The Regulations have been drafted or published in five parts, which are:

1. The Smoke-Free (Premises and Enforcement) Regulations
2. The Smoke-Free (Signs) Regulations
3. The Smoke-Free (Exemptions and Vehicles) Regulations
4. The Smoke-Free (Penalties and Discounted Amounts) Regulations
5. The Smoke-Free (Vehicle Operators and Penalty Notices) Regulations

A summary fact sheet of all of the above can be obtained from us on request or visit the website www.smokefreeengland.co.uk for updates.

What do the Regulations Mean?

 

Apart from very few exemptions, smoking will not be allowed on public premises or places where people work from 1 July 2007. It will no longer be acceptable to have a smoking room within the premises. If employers agree to have a smoking area (and this is not a requirement) this must be outside and away from the public and must not be in an enclosed space. The best way to describe what will be allowed under the regulations is no more than a ‘bus shelter’ to protect smokers from the worst of the elements.

All workplaces and public buildings must now display clear signs that smoking is not allowed. At each entrance to any premises there must be placed, in a prominent position, at least one sign which is:

 

• A5 in size,
• which displays the internationally recognised no smoking symbol,
• and which must contain the words, in a font which will be easily readable, the words “No Smoking. It is against the law to smoke in these premises”.

It is also possible to display the internationally recognised no smoking symbol in colour if it is at least 70mm in diameter where only employees work in the building and where there is the full sign at the entrance or where there is a smaller premises within a larger one (for example a shop within a shopping centre.)

It will also be a requirement to place a no smoking sign in vehicles or compartments of vehicles where any members of the public will travel, or in a company vehicle, where more than one person may use it (i.e. unless it is effectively a personal company car). However, if they are likely to carry another member of staff as a passenger they will not be entitled to smoke in the vehicle.

What Should Employers be doing?

 

Many employers already have a total smoking ban at work, but if you do not OR if you currently allow smoking in an area within the building OR if you allow smoking in an enclosed space outside of the building you will need to consult with your staff now about changes coming in from the beginning of July.

We advise you follow the steps outlined below:

1. Consult with trade union representatives and/or a representative group of staff, to include smokers and non-smokers, (preferably allowing three months to consult) about the changes, and to agree a policy on the smoking ban.
2. Ensure someone in the organisation is identified as the named person responsible for drafting and implementing the policy and for ensuring compliance with it following implementation (including ensuring that appropriate signs are in place).
3. Agree whether the company is going to have a complete smoking ban on company property or will allow smoking in an agreed location outside the building away from the public.
4. If smoking is to be allowed outside the building,
5. Agree what facilities will be provided (which must comply with the new regulations and must not be in an enclosed space).
6. Agree how smoking breaks will be managed. This causes a great deal of resentment amongst non-smokers and needs to be fair to all concerned, with agreement reached as to how time for smoking breaks will be monitored.
7. Agree how staff who wish to take this opportunity to give up or who may find the new restrictions difficult to cope with initially, will be supported (see below). This may include, but not be restricted to, the provision of leaflets, visits and advice from occupational health services and time off to attend counselling or seminars on stopping smoking. Some companies also provide financial assistance with aids to stop smoking for example nicotine patches.
8. Be clear about the implications of non-compliance with the policy, resulting in disciplinary action being taken.

Penalties for Non-Compliance with the Regulations

Failure to comply with the regulations will result in the following penalties:

• For not displaying No Smoking Signs – there will be a fixed penalty of £200 (or £150 if paid within 15 days). A conviction for this offence can carry a fine of up to £1,000.
• For smoking in a public building or workplace, the fixed penalty is £50 (or £30 if paid within 15 days). Convictions in this case carry a fine of up to £200.
• A conviction for failing to prevent smoking in a public building or workplace carries a maximum fine of £2,500 with no fixed penalty in this case.

How can I Support Staff who wish to Stop Smoking

 

Support may include but not be restricted to the provision of leaflets, visits and advice from specialist advisory services and time off to attend counselling or seminars on stopping smoking. Some companies also provide financial assistance with aids to stop smoking for example nicotine patches. The NHS provides a wide range of free resources and advice. Call 0800 1690 169 to find your local NHS Stop Smoking Service or text ‘give up’ and your full post code to 88088. The Stop Smoking Services may be able to visit your workplace in the lead up to implementation to provide and support to staff.

The following web sites may also be useful for staff:

• www.gosmokefree.co.uk;
• www.quit.org.uk;
• www.smokefreeengland.co.uk