Warning: Smoking May Seriously Damage Your Wallet!
Employers could face £2500 fine and a criminal record if they do not take reasonable steps to stop smoking at their workplace according to the latest Government proposed guidelines to the new non smoking in public places law.
Holly Cudbill of South West law firm Foot Anstey explains “All smokers will be painfully aware that next summer sees the introduction of the ban on smoking in public places and employers will need to act to avoid prosecution and fines. The Government is starting its consultation on the new law which gives employers a chance to influence the final details!”
Employers may wish to feedback their responses on the following Government proposals:
- All enclosed, or substantially enclosed areas at work are to be smoke free premises.
- There is no exemption for designated smoking rooms.
- Non-enclosed smoking areas, such as a covered area outside, with at least one unwalled side, will be permitted.
- All employers, or occupiers of premises, must display a prominent “No Smoking” sign. The sign must be at least A5 in size and contain both the “No Smoking” logo, as well as the words “No Smoking. It is against the law to smoke in these premises except in a designated room.”
- Failure to display the sign is to be subject to a fixed penalty of £200, or if unpaid, up to £1,000 and a criminal record.
- All company cars are deemed to be entirely non smoking if they might be used by more 2than one person (unless it’s a convertible with the roof down).
- Employees caught smoking will be subject to a fixed penalty of £50, or a fine of up to £200 if unpaid.
- Any employer who fails to take reasonable steps to prevent smoking (and displaying the ’No Smoking’ sign is not enough) to be liable for a fine of up to £2,500.
- Employers who still have smoking rooms or allow smoking breaks will need to start thinking now about the impact of the new law on their employees. A “closed” sign on the smoking room door one morning is likely to leave a lot of disgruntled employees, so employers need to act now by giving plenty of notice.
Details of the proposals can be found on the Department of Heath website, or employers can contact: Smoke-free Regulations Consultation, Health Improvement Directorate, Department of Health, Room 712, Wellington House, 133–155 Waterloo Road, London SE1 8UG. The consultation period ends on Monday 9 October 2006.
Published 20/07/2006
