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Smokefree Legislation
Second hand smoke has been shown to have a serious effect on the health of people who breath it in.
- It increases the risk of lung cancer by 24% and the risk of coronary heart disease by 25%
- It contains over 4,000 chemicals, including over 50 known carcinogens
- It is estimated to cause 617 workplace deaths a year, whereas workplace accidents only caused 212 deaths in 2005/6.
Virtually all workplaces, work vehicles and public transport in England are now smokefree. The Commission for Social Care and Inspection CSCI have issued guidance relating to 'smoking in care homes'.
Information and no smoking signs are being provided to businesses by the Environmental Health Department in order to assist them to comply fully with the legal requirements.
Additional information is available from our Smokefree - Resources Page. This includes how to handle customers and staff smoking in smokefree places and guidance on smoking in vehicles.
How will the new smoke-free legislation affect you?
The law requires smoke-free environments in virtually all enclosed workplaces, work vehicles and public transport in England.
Essentially, it ensures that almost all workers, regardless of their place of work, will be protected from exposure to second-hand smoke and guaranteed the right to smoke-free air.
Which workplaces will be covered by the legislation?
The legislation covers all premises, which are wholly or substantially enclosed, and used as a place of work by more than one person, e.g. all workplaces, pubs, clubs, restaurants, cafes, etc. Smoking rooms will no longer be allowed. 'Work' also covers voluntary work, so if a village hall holds an event staffed by volunteers, it would be smoke-free.
What does 'substantially enclosed' mean?
'Substantially enclosed' means areas which have a ceiling or roof, and the total openings in the walls are smaller than half the total area of the walls. A roof includes any fixed or moveable structure or device, e.g. retractable awning, capable of covering all or part of the premises. Smoking will be allowed in shelters which are not substantially enclosed (planning permission may be required).
What will the smoke-free legislation mean in practice to employers and managers?
Employers and managers must ensure their buildings and vehicles are smoke-free. Proposed actions include putting up 'no smoking' signs which meet the following minimum standards:
- Displayed at each public entrance to premises in a prominent position visible to people entering the building
- A5 (148mm by 210mm) in size
- Include the international red "no smoking" symbol and the words: "No smoking. It is against the law to smoke in these premises."
Any existing enclosed smoking rooms will also need to be closed, as they are not permitted under the new legislation.
Are there any exemptions?
Certain places where people live and which are also workplaces, e.g. prison cells, hospices and long stay residential homes, are proposed to be exempt. However this does not mean that smoking is allowed throughout the premises. Instead, employers will have to identify 'designated smoking rooms' which meet the following specifications:
- Is completely enclosed, except for windows/doors, on all sides by solid floor-to-ceiling walls
- The ventilation system does not ventilate into any other smoke-free part of the premises
- If a door opens onto smoke-free premises, it must be mechanically closed immediately after use to prevent smoke drift
- Is clearly marked as a room in which smoking is permitted
There is no obligation for employers of exempt places to have 'smoking rooms' if they do not wish to do so and it is up to the management of individual buildings to decide if visitors will be allowed to access smoking rooms. The exemption exists for residents only and therefore should not be used by staff.
Designated rooms in hotels, hostels and bed and breakfast accommodation are exempt since they are places where people live even though they are not private homes, though dormatories are not included in this exemption.
Will employers be required to provide external smoking areas?
There is no legal requirement for employers to provide designated external smoking areas, e.g. smoking shelters.
What about entrances to buildings?
Outside areas are not covered by the legislation. However employers may want to consider making it a policy that smoking is not permitted within a certain distance from outside entrances, if possible, so that staff and visitors do not have to walk through a cloud of smoke to get into the building.
What about vehicles?
Where a vehicle is used as a workplace by more than one person, regardless of whether they are in the vehicle at the same time or how infrequently this occurs, it will be required to be smoke-free at all times. All vehicles used for public transport e.g. buses, trains and taxis will be affected by the new law. It is proposed that the vast majority of work vehicles, including those privately-owned but used for work purposes, will have to be smoke-free at all times. This protects shift and other workers using the same vehicle from the hazards of second-hand smoke.
All work vehicles will need to be clearly labelled as such with no smoking signs visible to anyone entering the vehicle. Only those ever used by one person and that never carry passengers such as work colleagues will be exempt under the legislation.
What are the penalties for non-compliance?
Each local council will identify enforcement officers, e.g. environmental health officers, who will be authorised to issue the following penalties.
- Failure to display minimum no smoking signs: fixed penalty notice of £200 or up to £1000 at trial
- Smoking in a no-smoking place: fixed penalty notice of £50 or up to up to £200 at trial
- Failing to prevent smoking in a smoke-free place: up to £2500 at trial.
Is there anything employers need to do now?
You might want to start thinking about how the new law will affect your business and what you should do in the run up to summer 2007.
For example:
- You may wish to discuss with staff how best to meet their needs within the new legislation.
- It would also help to review your existing smoking policy in consultation with staff.
- If you haven't already got a smoking policy, you should consider putting one in place before the 2007 implementation date.
- Employers are not obliged to provide external smoking areas or shelters but if you do provide shelters they must have an opening which is greater than half the area of the walls in order to avoid the shelter becoming 'substantially enclosed' and thereby breaching the regulations.
- You may also wish to consider providing support to any members of staff who want to quit smoking.
The Government will be sending guidance packs out to 70,000 businesses across England, and information will also be available from Local Authorities.
What help is there for staff who want to stop smoking?
The NHS provides a wide range of excellent, free and local support for smokers.
Trained nurses and advisors are available in every GP surgery and in many pharmacies and community venues across Shropshire. Help 2 Quit nurses can also set up clinics within workplaces that have ten or more staff who wish to quit.
For more information simply ask at your surgery or call the Help 2 Quit office on 01743 366940
Further information is also available from:
- NHS Smoking Helpline 0800 169 0 169
- Text Give Up with your postcode to 88088
- Visit www.givingupsmoking.co.uk.
What help is available to make my business and company vehicles smoke-free and comply with legislation?
Businesses wishing to request further information about the Government's smoke-free legislation can call a free-phone helpline. The Smoke-free England Information Line was launched to enable companies to register for guidance and support. Over time, businesses will be able to order resources such as posters, brochures, signage and guidance material via this route.
Tel: 0800 169 1697, 8 am – 6 pm Monday to Friday
For further information contact:
Kristina Pennington, Tel: 01743 281393
email: kristina.pennington@shrewsbury.gov.uk
Further information is also available on the websites below:
http://info.cancerresearchuk.org/healthyliving/smokeispoison/poisonoussmoke/secondhandsmoke/?a=5441
Below are some useful fact sheets released by the NHS.
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