Smokefree guidance for Businesses

Information on smoking in enclosed workplaces and public places  

The law requires smoke free environments in virtually all workplaces.

Workplaces and the smoke free law

The legislation covers all premises, which are wholly or substantially enclosed, and used as a place of work by more than one person. Smoking rooms are no longer allowed.

It ensures that almost all workers, regardless of their place of work, will be protected from the risks to health of exposure to tobacco smoke.

The department of health has set up a telephone line for reporting breaches of smoke free legislation. Call 0800 587 1667 or you can call the Council on 01827 715341.

What does 'substantially enclosed' mean?

Premises will be considered substantially enclosed if they have a ceiling or roof, and the openings in the walls are less than half the total area of the walls. A roof includes any fixed or moveable structure or device, e.g. retractable canvas awning, capable of covering all or part of the premises. Smoking is allowed in shelters which are not substantially enclosed.

The smoke-free legislation in practice

Employers, owners and managers must ensure their premises are smoke free. This includes putting up 'no smoking' signs which meet the following minimum standards:

• displayed at each public entrance to the premises
• in a position that is prominently visible to persons entering the premises
• are A5 (148mm by 210mm) in size
• include the international red "no smoking" symbol and the words: "No smoking. It is against the law to smoke in these premises."

Vehicles

Vehicles used at a workplace by more than one person will have to be smoke free at all times. This is because tobacco smoke is absorbed into soft furnishings and stays around for weeks long after a cigarette has been stubbed out. All work vehicles must to display 'no-smoking' signs.

Exemptions

There are exemptions in certain establishments where people live and which are also workplaces, e.g. prison cells, hospices and long stay residential homes. However this does not mean that smoking is allowed throughout the premises. Instead, in premises with exemptions, employers must identify 'designated smoking rooms' which meet the following specifications:

• Is completely enclosed, except for windows / doors, on all sides by solid floor to ceiling and walls
• The ventilation system does not ventilate into any other smoke-free part of the premises
• If a door opens onto smoke free premises, it can be closed by mechanically means to prevent smoke drift
• Is clearly marked as a room in which smoking is permitted

It is up to the management of individual buildings to decide if visitors will be allowed to access smoking rooms. The exemption exists for residents only and therefore should not be used by staff. There is no obligation for employers of exempt places to have 'smoking rooms' if they do not wish to do so.

Smoking breaks and external smoking areas

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 must decide whether or not to permit smoking elsewhere on your premises e.g. in open car parks, grounds, or shelters and you should indicate where smoking is allowed in your smoking policy. The TUC has published guidance on negotiating smokefree workplaces - see www.smokefreeaction.org.uk

There is no legal requirement for employers to provide designated external smoking areas, e.g. smoking shelters.

Entrances to buildings

Outside areas are not covered by the legislation. However employers may want to consider making it a policy that smoking is not permitted within a certain distance from outside entrances, if possible, so that staff and visitors do not have to walk through a cloud of smoke to get into the building.  

Penalties for non compliance

• Failure to display minimum no smoking signs: up to £1000 fine or a fixed penalty notice of £200
• Smoking in a no-smoking place: up to £200 fine or a fixed penalty notice of £50
• Failing to prevent smoking in a smoke-free place: up to £2500 fine.

Help for staff who want to stop smoking

The NHS provides a wide range of excellent, free and easily accessible support for smokers including; local NHS Stop Smoking Services, the NHS Smoking Helpline on 0800 169 1697, http://smokefree.nhs.uk/ and Nicotine Replacement Therapy (NRT) available on prescription.

What help is available to make my business smokefree?

Phone the NHS Smoking Help Line 0800 169 1697. Information on smoking policies and how to go smoke free can also be found at http://www.smokefreeaction.org.uk/