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NEWS FROM JAMES HALLAM AND THE INDUSTRY | USE
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Health & Safety Bulletin - July 2007
Smoke Free England 1st July 2007
This is it - the final countdown. We assume by now that as employers
you
have your policy documentation in place, your no-smoking signs in
a prominent
position and the removal of ash trays well under way.
Just in case you are still unsure of what you need to have in place next Monday
morning here is a quick reminder.
The new SmokeFree law will apply to virtually all 'enclosed' and 'substantially'
enclosed public places and workplaces. This includes both
permanent and temporary
structures, including tents and marquees.
Premises will be considered 'enclosed' if they have a ceiling or roof and
(except
for doors, windows or passageways) are wholly enclosed on a
permanent or temporary
basis.
Once the law is in effect, it is the legal responsibility of anyone who
controls
or manages smoke free premises or vehicles to prevent people
from smoking in
them.
As from Sunday 1st July you will need to make sure that:
• |
You have all your required no-smoking
signs display at all entrances to your building and in place in work vehicles
if more than one person uses the vehicle at any time
|
• |
Your staff, customers and any members or visitors
are aware that your premises and work vehicles are legally required to be smokefree |
• |
You have removed any existing indoor smoking
rooms |
There is no requirement for outdoor smoking shelters to be provided
for employees or members of the public.
You will have to demonstrate that you have taken reasonable steps to meet the
requirements of the new law. These might include:
• Removing ashtrays
• Training staff to understand the new law and their responsibilities
• Introducing a smokefree policy
Should you wish to introduce a Smoke Free Policy in your work place,
it
should be developed in consultation with employees and their
representatives.
It can be either, a verbal understanding between you
and your employees, or you
may wish to include it in your corporate health and safety policies or even create
a separate written document.
Managers will need to be prepared to take action
if someone smokes in
a smokefree place for which they have responsibility. The
Government advice is to:
• |
Draw the person's attention t the
no-smoking signs and ask them to stop smoking
|
• |
Point out they are committing a criminal offence
by smoking in a smoke free premises or vehicle |
• |
Remind the person that under the law you have
a responsibility to prevent smoking and that you could both receive a fine. |
Support for going Smoke Free can be found at:
www.smokefreeengland.co.uk/stayinformed
or
by calling the Smokefree England Information Line on
0900
1691697.
You should consider not serving or providing services to a person who
is breaking
the new smoke free law. If a customer or visitor continues
to smoke, you can
ask them to leave your premises. If an employee
breaks the law, you may wish
to consider taking disciplinary action.
If physical violence is threatened by a person smoking it is suggested
you notify
and/or seek assistance from the police.
Should you require additional information
or further clarification on providing a successful Smokefree environment for
your business,
Stuart
McEwan our Risk Solutions Director can be contacted.
Stuart McEwan
Director Risk Solutions Division
Direct Dial: 020 7997 7861
Mobile: 07970 170 330
E-Mail: stuart.mcewan@jameshallam.co.uk |
