Which workplaces will be covered by the
legislation?
ALL premises that are wholly or substantially
enclosed and used as a place of work by more than one person will
be covered by the legislation. And vehicles used in conjunction
with a business.
Will employers have to provide external smoking
areas?
Employers will not be legally required to provide external
designated smoking areas, however, any shelters that are erected
must comply with planning regulations.
Can I have a smoking room or designated
area?
No – smoking rooms will not be allowed, except in premises exempt
from the legislation.
Which premises are exempt?
Places used as residential accommodation that are also workplaces
(such as prison cells, hospices and long stay residential homes)
are likely to be exempt. However, this will not mean that smoking
will be allowed throughout these premises. Instead, employers will
have to designate smoking rooms that meet a set of criteria.
What are the benefits of my premises becoming
Smoke-free?
Benefits:
Increased on-the-job productivity - the average smoker takes 6
ten-minute 'smoke breaks' per day – that’s 5 hours of work time per
week!
Reduced sickness and early retirements due to ill health.
Reduced annual health-care costs and health insurance for
smokers.
Fulfillment of health and safety regulations and reduced risk of
litigation.
Reduced risk of fire damage, explosions and other accidents related
to smoking Reduced insurance premiums.
Reduced maintenance and cleaning costs.
How will the legislation be enforced?
Legislation is to be enforced by Environmental Health Officers, who
will be authorised to inspect your premises and issue penalties if
necessary.
What are the penalties?
Penalties:
Failure to display minimum no smoking signs: Up to £1000 or a fixed
penalty notice of £200.
Smoking in a non-smoking place: Up to £200 or a fixed penalty
notice of £50.
Failing to prevent smoking in a smoke-free place: Up to
£2500