Smoke free
May 1st 2007

In this article BuckHickman InOne Product Manager Tamara Booth outlines how to implement a no smoking policy in readiness for July 1st

It is not just pubs and clubs that will become smoke free zones from July 1st.

If you manage or own work premises and company vehicles you have a legal duty to make them smoke free. Failure to comply could result in a £2500 fine.

The health reasons for implementing a no smoking policy are well known, but it appears that many managers are still unaware of their legal obligations for the workplace. So first of all let's deal with the legal requirements before examining what this means for your employees, customers and visitors who smoke.

First you have to demonstrate that you are taking reasonable action to prevent people from smoking in enclosed areas.

You must have all the required "no smoking" signs in place, there must not be any smoking rooms within the premises and you must make your staff, customers and any visitors aware of your smoke free policy.

All smoke free premises and vehicles must prominently display no smoking signs at every entrance. They have to be at least A5 in area, display the international no smoking symbol to at least 70mm in diameter and have the words "No Smoking". It is against the law to smoke in these premises". You can personalise the signs by changing the words "these premises" to the name of your organisation.

In addition, you should install a smaller sign showing a 70mm diameter or greater international no smoking symbol at entrances to premises that your staff use, or are located within larger smoke free premises.

Public and business vehicles that may be used by more than one specified employee also need to display a no smoking sign in any compartment that you carry other people in. Again it must show an international "no smoking" symbol of at least 70mm in diameter.

While developing a smoke free policy it is a good idea to consult your employees. It ensures that they understand their own legal obligations since they can also receive fines of up to £200 for non-compliance.

You should also remember that about 10 million adults in the UK smoke, so the chances are that several of your employees and customers will be directly affected.

The policy itself can be a verbal understanding, incorporated into your existing health and safety policy or be a separate written policy.

Of course there will be the issue of what do you do if someone does smoke on your premises. A fact sheet on the website www.smokefreeengland.co.uk provides some guidance.

As a first step it suggests that you draw their attention to the no smoking signs and ask them to stop. Next you should point out that they are committing a criminal offence and finally remind them that you are legally obliged to prevent smoking and that you both can be fined. If all of this fails you can ask them to leave the premises and in extreme cases notify or call the police.

While making it plain that there must be no smoking on your premises and that even smoking rooms are a thing of the past, you may still want to consider the needs of smokers.

For those employees wishing to stop smoking, you can direct them to the free support offered by the NHS. There is a free telephone helpline on 0800 169 0 169 or a website www.gosmokefree.co.uk for advice and support.

Some people will still need an occasional cigarette break. While this is prohibited indoors, you can still provide the necessary facilities outside. You may consider it a good idea to provide an outdoor smoking shelter. Such shelters must have an opening in the walls that is greater than half of the total area of the walls. These open areas cannot be doors or windows. Such shelters may include fixed seating, lighting and of course ashtrays or cigarette bins.

Equally it is a good idea to have ashtrays or cigarette bins at a convenient height by any entrances.

If you decide to build your own shelter, you may need to consult your local council to check planning permission. Alternatively there are several self-assembly shelters that are classified as temporary structures and need no such permission.

So in summary, make sure that you have all the necessary signage up in readiness for the new legislation, close down any smoking rooms in your premises and probably above all consult your staff, especially the smokers.

Solutions available from BuckHickman InOne include a no smoking signage starter pack, signage, a wide range of selfextinguishing ashtray bins and external smoking shelters plus exterior lighting.

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