Frequently asked questions:
workplaces
If the Government is bringing in legislation, why should I develop a policy?
If anyone in your company breaks the smokefree law then you may be prosecuted for not managing the premises as a smokefree workplace. Part of your defence against that charge would be that you took all reasonable steps to stop smoking happening by having a written policy. The policy would also lay out what you expect your workers to do.
Where are no smoking signs available from?
Register for signage at www.smokefreeengland.co.uk or the information line 0800 169 1697.
Our staff are exposed to so many chemicals anyway that it wouldn’t make any difference if they smoke
This could be an excellent opportunity to have an overall health and safety check to look at all of the substances your employees are being exposed to.
Section 2(2)(e) of the Health and Safety at Work Act 1974 places a duty on employers to provide a working environment for employees that is:
“..safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.”
Your employees’ interest is your own interest - compensation claims for injury/ill health caused by work are on the increase.
There are over 4000 toxins in cigarette smoke, including arsenic and cyanide, at least 50 of these chemicals are cancer causing.
My office is not smokefree when the smokers stand outside and all their smoke blows back in through my window. Why can’t they be made to smoke away from the building?
Employers and business owners will need to consider issues as they arise and seek the most appropriate action. If the employer owns the relevant piece of land outside the building, they can designate this area smokefree in their smoking policy.
Employers can also encourage their smokers to take a walk whilst they are having a cigarette to minimise the smoke blowing back in.
Why are adult care homes exempt?
There are special arrangements for adult care homes because they are considered to be people’s homes. The residents may not be mobile enough to pop outside for a cigarette.
Why are the people who work in places where smoking will be allowed to take place not protected from secondhand smoke?
[See answer to previous question.] The effects of the secondhand smoke can be kept to a minimum. It will be necessary for these premises to have designated smoking rooms and to make sure doors are shut to stop the smoke spreading.
I work from home – will it be required to be smokefree then?
The work premises within the home will be required to be smokefree if you have employees, or members of the public visit.
I am a health visitor; can I insist the client stops smoking when I visit them at home?
The legislation does not include this but a polite letter, such as the one shown here can be sent to the client beforehand to request a smokefree home visit.
Will the regulations include all company vehicles?
If the company vehicle is used by more than one person it must be smokefree at all times - even if the people are not in it at the same time. Smoking is permitted when the vehicle is used by only one person who never has any passengers.
I share a company vehicle with one other person. We are both smokers and want to smoke in that vehicle. Why shouldn’t we?
It is still not allowed. The legislation has been written to protect both smokers and non-smokers from secondhand smoke.
I am a mini cab driver; can I smoke in my own vehicle if I don’t have any passengers?
No. All vehicles used for public transport must be smokefree at all times.
Can I smoke in my privately owned vehicle?
Yes. But it would be better for your family’s health if you keep the car smokefree.
I am a landlord of a busy pub, what do I do if I cannot get someone to stop smoking on my premises? Who do I call – the police?
In such situations, management should follow their standard procedures as they would in other situations where a customer was behaving in an unacceptable and uncooperative manner.
Has the introduction of smokefree legislation been successful in other countries?
Smokefree legislation is proving to be very effective in protecting health, and very popular.
Ireland (2004), New Zealand (2004), Norway (2004), Scotland (2006), and Wales (2007) have introduced smokefree legislation. Over nine US states have introduced smokefree legislation. California has had smokefree public places since 1998.
When the US state of Montana brought in smokefree legislation there was a 40 per cent drop in hospital admissions for heart attacks in the first 6 months – this is how dramatic the health benefits can be.
Who do I call if I see someone smoking – is there a complaint line?
Yes. The national complaint line is 0800 587 1667. The Bristol complaint line is 0117 922 3838 or email health.safety@bristol.gov.uk