Smokefree
England 1 July 2007 – What it means for the public
A law requiring smokefree environments in virtually all workplaces comes
into effect 1 July 2007. It ensures that all workers and members of the
public are protected from the harm caused by tobacco smoke.
What workplaces and public places are covered by the legislation? The new legislation will cover virtually all enclosed and substantially
enclosed public places and workplaces, including shops, offices, factories,
pubs, restaurants, public transport, and work vehicles used by more than
one person. Indoor workplace smoking rooms will disappear so anyone wishing
to smoke will have to go outside instead.
What does ‘substantially enclosed’ mean? ‘Substantially enclosed’ means
a structure with a ceiling or roof and surrounded mostly by walls,
e.g. tents, marquees, conservatories
and many bus shelters. For more detailed information click onto www.smokefreeengland.co.uk.
What does the legislation mean for employers? It requires employers to:
- Ensure their premises
are smokefree.
- Display ‘No-smoking’ signs in a prominent position at
all public entrances. Businesses can register for free signage and
guidance at www.smokefreeengland.co.uk.
- Take reasonable steps to ensure that customers and staff are aware
that the premises are legally required to be smokefree and that everyone
complies with the law.
What about entrances to buildings?
Outside areas are not covered by the legislation. However employers
may have a policy that smoking is not permitted within a certain distance
from outside entrances so that staff and visitors do not have to walk
through a cloud of smoke to get into the building.
What can you expect in the following businesses? • Hotels, B&Bs, pubs with bedrooms: All public areas, e.g.
reception, dining, bar and corridors, will need to be smokefree. The
legislation does not require smokefree bedrooms, but if smoking is allowed
in a bedroom it needs to be clearly signposted as ‘smoking room’,
its ventilation system does not link into smokefree public areas and
have doors fitted with a mechanically closing device to prevent smoke
drift.
• Taxis, mini cabs, private hire care:
smokefree at all times and display no-smoking signage
• Hair salons: smokefree at all times, including a shop in a person’s
home, and display no-smoking signage
• Shopping malls: totally smokefree
including food outlets with no-smoking signage at the entrance to the
mall and at the entrances to
shops within the mall
• Train stations: smokefree inside the station
itself; check with your local train station operator to see if it has
a policy requiring station platforms to be smokefree.
• Work vehicles: smokefree at all time if used by more than one
person, even if the person is not in the vehicles at the time and display ‘no-smoking’ signage.
• Schools: smokefree in enclosed buildings;
schools applying for the National Health School Standard are also required
to make their entire
site includes grounds smokefree.
• Pubs: smokefree in the pub itself; smoking will be permitted
in outside smoking shelters which meets the local authority’s licensing,
planning and highways regulations.
Are there any exemptions?
Private dwellings are not covered by the legislation. Also certain establishments
where people live and which are also workplaces eg prison cells, hospices
and long-stay residential care homes are exempt. However, this does not
mean that smoking is allowed throughout the premises. Bedrooms in which
smoking is allowed must meet the following conditions:
• 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 a smokefree landing, the door needs to be fitted
with a mechanical closing device to prevent smoke drift.
• Is clearly marked as a room in which smoking is permitted.
If the policy does not allow smoking in bedrooms,
then employers can identify a designated smoking room but it must meet
the conditions described
above. It also will be up to the management to decide if visitors can
smoke in smoking rooms. The smoking rooms are not to be used by staff.
There is no obligation for employers of exempt places to have ‘smoking
rooms’ if they do not wish to.
What are the penalties for non-compliance?
For those who have management responsibilities:
•
Failure to display minimum no smoking signs: up to £1000 or £200
fixed penalty notice
•
Failing to prevent smoking in a smokefree place: up to £2500.
For individuals
•
Smoking in a no-smoking place: up to £200 or a penalty notice of £50
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 might like to decide where smoking is allowed
elsewhere on your premises eg in open car parks, grounds, or shelters.
Is there help for staff to stop smoking?
Rotherham
NHS Stop Smoking Service offers free support, advice and access Nicotine
Replacement Therapy (NRT) products - 01709 302444. For general information
on stop smoking support visit www.gosmokefree.co.uk
Where can I find out more information about going smokefree? Either log onto www.smokefreeengland.co.uk or phone the Smokefree England
Information Line 0800 169 1697
How
new smokefree law will affect you
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