Workplaces and the new 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 longer be allowed. It ensures that almost all workers 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 smokefree legislation. Call 0800 587 1667.
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. Actions include putting up ‘no smoking’ signs.
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 will need to display ‘no-smoking’ signs.
Exemptions
Exemptions are proposed in certain places 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 have to identify ‘designated smoking rooms’.
Management of individual buildings decide if visitors are allowed to access smoking rooms. There is no obligation for employers of exempt places to have ‘smoking rooms’.
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 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 smoke free workplaces - visit 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
Local authorities will be authorised to issue the following penalties. The final penalty amount will be decided by a Court rather than the local authority.
- Failure to display minimum no smoking signs: up to £1000 or a fixed penalty notice of £200
- Smoking in a no-smoking place: up to £200 or a penalty notice of £50
- Failing to prevent smoking in a smoke-free place: up to £2500
Help for staff who want to stop smoking
The NHS provides a wide range of free support for smokers including
- local NHS Stop Smoking Services
- the Together Programme
- the NHS Smoking Helpline on 0800 169 0 169
- Nicotine Replacement Therapy (NRT) available on prescription
Help for businesses
Phone the Smoke Free England Information Line 0800 169 1697 and register for the latest updates and FREE resources. Information on smoking policies and how to go smoke free can also be found at www.smokefreeaction.org.uk.
Further information
For more details, including the standards for 'no smoking' signs, download the fact sheet (34kb, PDF).
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