The vast majority of the country firmly believe that the smoking ban is worthwhile. I believe that it is also accepted that this is bordering on another step of the nanny state. Within the context of employee Health & Safety this should have happened years ago, given that it has been obvious to most that secondary smoking was a breach in the employers duty of care to the employee.

The Health Act enshrines in law the requirements of the smoking ban. This act is supported by 5 regulations, at the current time, which cover more detail of the ban.

So what is the employer in general to do?

The requirement is to place a sign stating "No Smoking. It is against the law to smoke on these premises" including a no smoking symbol at the entrance to your premises. Remember that this will incude loading bays, side doors, etc. Place a no smoking symbol at each entrance to your premises from other no smoking premises.

Simple, no problem! However, the employer is responsible for ensuring that there are no breaches to this requirement. Yes you are responsible to ensure that employees do not smoke and you can be fined £2,000 plus for not doing so.

This seems a little draconion just to stop smoking in the workplace?

If you would like further help or infomation on smoking or Health & Safety then  do visit the JamBerry web site or give us a call on 0870 3502595.

James