Smokefree Legislation

A law requiring smokefree environments in virtually all workplaces comes into effect 1 July 2007. What workplaces would be covered? The legislation covers all workplaces, which are wholly or substantially enclosed, and used as a place of work by more than one person. Smoking rooms will no longer be allowed. Essentially it ensures that almost all workers, regardless of their place of work, would be protected from the risks to health of exposure to tobacco smoke and guaranteed the right to smokefree air. What does ‘substantially enclosed’ mean? It is proposed that premises will be considered substantially enclosed if they have a ceiling or roof and the openings in the walls are less than half of the total area of the walls. A roof includes any fixed or moveable structure or device e.g. retractable canvas awning, capable of covering all or part of the premises. Smoking will be allowed in shelters which are not substantially enclosed.

Welcome       What is Smokefree Rotherham?       Why Smokefree Rotherham       Our Vision       Achieving Smokefree Rotherham       What Smokefree Rotherham will provide     > Smokefree Legislation       How to Get Started       How do I get Signage       How to Discourage Smoking At Entrances and Exits       Guidance on Smokefree       Platinum Award       Final Note

What will the smokefree legislation mean in practice?

Employers, owners and managers must ensure their premises are smokefree. Proposed actions include putting up ‘no smoking’ signs which meet the following minimum standards:

• Displayed at each public entrance to the premises
  
  
• In a position that is prominently visible to persons entering the premises
  
  
• Are 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.”

Workplaces which already are smokefree must also display the mandatory signs.

What about vehicles?

Vehicles used at a workplace by more than one person, regardless if they are not in the vehicle at the same time, will also have to be smokefree at all times. This is because tobacco smoke is absorbed into soft furnishings and stays around for weeks long after a cigarette has been stubbed out. All vehicles will need to prominently display ‘no-smoking’ signs.

Are there any exemptions?

Certain establishments where people live and which are also workplaces eg prison cells, hospices and long-stay residential homes will be exempted. However this does not mean that smoking will be allowed throughout the premises. Instead, employers will have to identify ‘designated smoking rooms’ which meet the following specifications:

• Are completely enclosed, except for windows / doors, on all sides by solid floor to ceiling walls
  
  
• Do not have a ventilation system that ventilates into any other smokefree part of the premises
  
  
• If a door opens onto smokefree premises, it needs to closed by mechanical means
  
  
• Are clearly marked as a room in which smoking is permitted.

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. There is no obligation for employers of exempt places to have ‘smoking rooms’ if they do not wish to do so.

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.¹⁵

What are the penalties for non-compliance?

Enforcement authorities e.g. environmental health officers will be authorised to issue the following penalties:

• Failure to display minimum no smoking signs: up to £1000 or £200 fixed penalty notice
  
  
• Smoking in a no-smoking place: up to £200 or a penalty notice of £50
  
  
• Failing to prevent smoking in a smokefree place: up to £2500

Do employers have to provide smoking breaks or outside smoking areas?

No on both counts. By law, employers must give staff an uninterrupted rest break of 20 minutes when their daily working time is more than six hours. Staff can, of course, smoke during their rest period, if they choose, but they must not smoke in an enclosed or partially enclosed area. As an employer you must decide whether or not to permit smoking elsewhere on your premises e.g. in open car parks, grounds, or shelters and you should indicate where smoking is allowed in your smoking policy. The TUC has published guidance on negotiating smokefree workplaces - see http://www.smokefreeaction.org.uk

How do I order a campaign pack and signage?

Telephone 0800 169 1697

or visit www.smokefreeengland.co.uk

Your guide to the new smokefree law

Guide to the new smokefree law for businesses

For more information on how smokefree legislation will effect specific businesses see factsheets on our Downloads section.