SMOKING POLICIES IN THE WORKPLACE

Current legal base & any future legal developments
Health and Safety at Work etc Act 1974, section (2) - The Management of Health and Safety at Work Regulations 1999 and Workplace (Health, Safety and Welfare) Regulations 1992 all apply when employees are exposed to Environmental Tobacco Smoke (ETS) in the workplace. The anti smoking campaign group (ASH) have a legal opinion to say that the Control of Substances Hazardous to Health (COSHH) Regulations 1999 apply to ETS.

In September 2000, the Health and Safety Commission (HSC) decided that it favoured the introduction of an ACoP for passive smoking at work. Tobacco smoking is generally recognised as an addictive habit: workers with smoking habits are essentially, the victims of a drug addiction and should be treated as such rather than simply as a health hazard. Tobacco is treated differently from other drugs in that its production, sale and consumption are controlled by taxation and regulation rather than by the use of criminal law.

What should an Employer do?
In some situations, a complete ban on smoking may be justified for specific safety reasons, and for example where there is a risk of fire or explosion. In all other cases, the Health and Safety Executive (HSE) recommends that all employers should have a specific policy on smoking in the workplace, which protects non-smokers from breathing in ETS. This policy should be written down and be generally available, to all employees. It is important to not introduce a policy too quickly or without the proper consultation e.g. Safety Representatives. Suddenly imposing a smoking ban could cause resentment among smokers and industrial relation problems in enforcing the rules. And introducing a policy on smoking will affect employees’ conditions of employment: employers should be careful not to infringe employment rights.

Safety Representatives should ensure that,

• Any non-smoking policy should be phased in gradually, with the introduction of a total no smoking ban on indoor smoking, usually over a minimum 3-6 month period;
  
• Employers’ offer employees’ counselling or attending smoking cessation classes (during working hours) for those who wish to give up smoking;
  
• Have a positive and pro-active approach by all, for those who are reducing their daily consumption ETS;
  
• Re-education of employees on the harmful health effects of smoking; or
  
• To ban smoking in all parts of the premises except in enclosed areas designated as smoking areas.

Any designated smoking areas provided should have a separate ventilation system to ensure effective ventilation: if it is not reasonably practicable, the re-circulated air should be brought up to an appropriate standard by suitable decontamination systems, tobacco smoke building up in the workplace is a sure sign that the ventilation systems are inadequate.

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