From 1 July 2007, England goes Smokefree. This means that smoking will no longer be allowed in workplaces and public places that are 'enclosed' or 'substantially enclosed'. In addition the legislation will also mean that smoking will no longer be allowed on public transport or in vehicles used for work by more than one person.

Which workplaces will be covered by smoke-free legislation?
Smoke free legislation in England will cover all workplaces and public places which are enclosed or substantially enclosed, and used as a place of work by more than one person. Smoking rooms will no longer be allowed and will need to be removed before legislation comes into force in Summer 2007.

'Substantially enclosed' means rooms which have a ceiling or roof, and any openings in the walls smaller than half the total area of walls. Smoking will be permitted in outside shelters which are not substantially enclosed. However, there is no obligation for a workplace to provide a smoking shelter for smokers. Employers who do wish to provide smoking shelters may need to ensure they comply with planning permission.

What will Employers need to do to comply with the legislation?
Employers and managers must ensure their buildings and vehicles are smoke free. Proposed regulations state that no smoking signs will need to be displayed at public entrances to buildings so that they are visible. The no smoking signs must meet the following standard:
     • A5 in size
     • Include the international red' no smoking' symbol and the words: "No Smoking. It is against the law to smoke in these premises."

The government have stated that they will provide workplaces with no smoking signs free of charge.

Does the legislation cover vehicles?
Yes. 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 ensures that other workers using the vehicles will be protected from second hand smoke. This will apply even if a work vehicle is used by different people at different times. All work vehicles will need to display no smoking signs visible to anyone entering the vehicle. Only those vehicles only ever used by one person and that never carry other passengers for work will be exempt from the legislation.

Are there any exemptions?
Some workplaces where people also live are exempt from the legislation. These include prison cells, hospices and long stay residential homes. However, these exempt workplaces will only allow smoking in designated rooms which must meet strict specifications.

What are the penalties for those who don't comply?
Local councils will designate enforcement officers who can issue fixed penalty notices. The penalties are:
     • Failure to display minimum no smoking signs: a fixed penalty notice of £200
     • Smoking in a smoke free place: a fixed penalty notice of £50
     • Failing to prevent smoking in a smoke free place: up to £2500 (decided by a court - not a fixed penalty notice)

Work to introduce a smoking policy
With careful consultation and presentation, a smoking policy will be a declaration of your company's commitment to the best interests of all its employees. The negative reactions expected from smokers often do not materialise. Indeed, many smokers welcome clear rules that may help them reduce their consumption of tobacco.

Benefits and Costs to bring to employers attention:
Potential benefits of a smoking policy include:-
     • reduced absenteeism
     • improved safety performance (fewer fires)
     • lower maintenance costs (litter and decoration)
     • lower ventilation and air-conditioning costs
     • improved morale among non-smokers
     • fewer accidents
     • lower risk of losing key employees

Potential costs of developing and implementing a policy will include:
     • negotiation/consultation time
     • time for a co-ordinator to implement, monitor and evaluate the policy
     • publicising and promoting the policy
     • purchase and placing of notices
     • rearrangements to working/rest areas
     • provision of help to smokers wanting to stop

Legal Issues
Relevant law which may support the introduction of a non-smoking policy includes:
1. Section 2 of the Health and Safety at Work etc. Act 1974 which places a general duty on employers to ensure, so far is as reasonably practicable, the health, safety and welfare of their employees.
2. Management of Health and Safety at Work Regulations 1999 which require employers to assess the risks to workers and any others who may be affected by their undertaking.
3. Workplace (Health, Safety and Welfare) Regulations 1992, which require employers to protect nonsmokers from discomfort caused by tobacco smoke in rest rooms or rest areas.
4. Civil Law relating to personal injury