How to prepare for the smoking ban

The new smoking regulations which come into force in England on July 1st will transform the workplace for millions of people.

The government estimates that 99% of offices, shops and factories will become effectively smoke free bringing enormous health benefits for all employees. While the advantages of a smoke free working environment might be desirable, employers need to make sure they implement the new regulations properly to avoid any difficulties.

The smoking ban covers virtually all enclosed public places but not open spaces or private homes. Employers will have to display signs saying “No Smoking Allowed”. Failure to do so could result in fines of up to £1000. However, it won’t be enough simply to put up the signs. The ban must be enforced or employers could be fined up to £2500. Fines will issued by the local authority rather than the police.

Smoking in company vehicles will also be banned if they are used to transport the public or if they are used by more than one employee. Smoke-free company vehicles will have to display no-smoking signs.

Firms that haven’t already done so should draw up a smoking policy to ensure both staff and customers comply with the regulations. A good way to begin is by starting a consultation process with employees. A task group could be set up involving a cross section of management, staff and possibly trade unions representatives.

Both smokers and non-smokers should be involved as this will give everyone ownership of the policy which should make it easier for people to accept.

A document should be drawn up that outlines why a smoking policy is needed and stating that it complies with the regulations. It should also be pointed out that the policy applies across the board both to management, staff and also customers. Some staff may see this as an incentive to stop smoking so you may wish to include information about where they can get help to do so.

Make sure to include the names of the people responsible for introducing and enforcing the policy. There will also need to be information about where people can smoke. This will have to be outside the building which may raise issues about the image of your firm. It may not look good to have people standing around outside your offices smoking. There could also be concerns about litter in terms of where they put cigarette ends or matches. The regulations mean that you will not be able to supply ashtrays inside the building.

Employers might find it useful to know that there is no legal obligation for them to provide facilities for smokers. However, if you do provide a shelter outside you will need to ensure that it is not “substantially enclosed” or it will fall foul of the regulations. It’s left to your discretion but providing some sort of arrangement may be good for staff relations and also help smokers accept the policy more readily.

You will need to decide whether you are prepared to allowed time for smoking breaks outside the building. You don’t have to provide such breaks and doing so could lead to resentment and complaints from non-smokers who feel that their colleagues who smoke are effectively getting extra time off work. Again, if a wide cross section of the workforce is involved in setting up the policy it should help to ensure that workable compromise is reached that is acceptable to everyone.

The policy will also need to clearly set out the consequences for employees if they are caught smoking or fail to comply with the regulations in any way.

The other issue you may want to address is how to deal with customers who start smoking on the premises. Staff should be told to draw the customer’s attention to the no-smoking signs and ask them to stop. It might be necessary to explain to the customer that it is an offence for them to continue smoking and your firm could be fined you don’t prevent them doing so. If they still refuse, then they should be asked to go to the designated smoking area outside, if there is one, or else simply be asked to leave the premises as you are unable to serve them.

Copies of the policy should be made available throughout the workplace and preferably incorporated into the firm’s overall employment manual.

The ban came into effect in Wales on April 2nd and Northern Ireland on April 30th this year.

Sally Laughton is an Employment Law specialist at Andersons Solicitors in Nottingham and can be contacted by telephoning 0115 988 6736 or emailing slaughton@andersonssolicitors.co.uk.