Smoking at work

Since the no-smoking laws were introduced in 2007, you might assume that by now everyone is aware of the smoking regulations that prohibit smoking at work and in some enclosed public places (most people are probably also aware that smoking is not allowed on public transport). The question is though, what exactly constitutes a “workplace” and what are the penalties for getting caught smoking there?

Despite what you may think, a work-place needn’t be an office or a building, for instance if you are a taxi firm, then your cars (even if they belong to your drivers) are classed as a workplace and must display a no -smoking sign and must not be smoked in (even by the passengers). Other “strange” work places are to delivery vehicles such as vans or lorries, or any vehicle used for business (for example those trailers that are used for corporate entertaining or act as a temporary office/sales-room at country fairs).

If you are like me you may remember the old idea of a “staff smoking room”  – this is also now no longer allowed. Employers, employees and visitors must go outside to smoke. If the workplace provides a shelter then it must be an open shelter, not “substantially enclosed”, for example it’s ok to have a back wall and supported roof, but if it does then it’s not allowed to have “sides” on it.

There are certain exemptions to this legislation, mainly concerning care homes, hospices and prisons, where it might be difficult to get outside.  In these properties smoking in designated rooms is allowed.   Designated rooms have to be restricted for use only by persons over the age of 18 and comply to certain standards as stated below (Taken from the “smoking in public place:the ban in force” Parliament briefing paper)  :

In this regulation “designated room” means a bedroom or a room used only for smoking which—

• (a) has been designated in writing by the person having charge of the premises in which the room is situated as being a room in which smoking is permitted;
• (b) has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid, floor-to-ceiling walls;
• (c) does not have a ventilation system that ventilates into any other part of the premises (except any other designated rooms);
• (d) is clearly marked as a room in which smoking is permitted; and
• (e) except where the room is in a prison, does not have any door that opens onto smoke-free premises which is not mechanically closed immediately after use. 

The regulations also apply to private members clubs, for instance the Masons, clubs such as British Legions and even the “gentleman’s clubs” in the west end.

At this time the no-smoking regulations do not include the use of e-cigarettes in the above places, although in March 2015 the Welsh government was planning on introducing rules about the use of e-cigarettes in public places.

The Penalties:

Workers can be fined up to £200 (£50 in Scotland) for breaking these regulations, but as you might expect the penalties for the businesses are far steeper with fines and penalties of up to £2,500 if they don’t stop people smoking in their workplace.  Employers and even non-employers such as sole traders who operate shops can be fined up to £1000 if they don’t display “no smoking” signs in a clear and prominent position.

It should be noted that businesses in Wales can also incur a fine if their “no smoking” signs are not bi-lingual (the sign at the top of this article is the kind of thing that you would need in Wales) – these can be downloaded for free from this page on the Welsh government site and printed on your printer, although you can also buy them from other sources if you want them pre-printed.