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Stella Dalrymple
Member - 4 posts
With the smoking ban to be enacted next July, will the building perimeters at work places be included in the smoke free categories. Within the perimeters of the our premises, we have the office building and the car park. Can staff go out and smoke within the grounds of the building/car park? Where can I read a more in-depth clarification for this?
Thank you.
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Andrew Sutton
Member - 5 posts
Stella,
Are you refering to the English, Welsh or Irish ban? I hate to assume but if it is the English, the legislation is only in draft form at this point - you can find this at http://www.publications.parliament.uk/pa/cm200506/cmbills/069/06069.i-v.html
If you were to take the Scottish legislation then no the outside area would not be affected. The legislation states that it is only public areas that are 'fully enclosed or substantially enclosed' that are affected.
For more information see these websites:
Action on Smoking & Health
http://www.ash.org.uk
HSE
http://www.hse.gov.uk/contact/faqs/smoking.htm
No Smoking Law
http://www.nosmokinglaw.co.uk/
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Gillian Nightingale
Member - 175 posts
Hello Stella
I?m sorry we have not responded to your online advice query before now, but our offices were closed between Christmas and New Year.
As you are probably aware, the Smoke-free (Premises and Enforcement) Regulations have now been laid before Parliament (http://www.workplacelaw.net/display.php?resource_id=8079) and these set out the definition of which areas of a workplace must be smoke free. Essentially, the legislation follows the lines of the Scottish legislation currently in force, and will cover all premises which are either ?enclosed? or ?substantially enclosed? spaces. The full definition of these terms are:
? Premises will be considered enclosed if they have a ceiling or roof and, except for doors, windows and passageways, they are wholly enclosed either permanently or temporarily.
? Premises will be considered substantially enclosed if they have a ceiling or roof and less than half of their perimeter consists of openings in the walls, other than windows, doors or openings that can be shut. Paragraph (4) defines ?roof? for the purposes of the Regulation to include any fixed or moveable structure that is capable of covering all or part of the premises.
We?ve previously been asked by other Workplace Law Network members about providing smoking shelters within car parks. So far the BSI or HSE have not issued standards/guidance for smoking shelters, and even the Scottish Executive website does not give definitive standards for smoking shelters, but any such shelter would need to conform to the definitions given above.
The Scottish Executive does give some useful information about smoking outside premises at http://www.clearingtheairscotland.com/faqs/qanda.html#outdoors
If your car park is open to the elements, then it would not fall within the legislation. However, you might need to think about whether the smoke may blow back in the building (e.g. if smokers were just outside a doorway) as the purpose is to protect employees from smoke at work. The other consideration you might need to make when implementing a no-smoking at work policy is the health and safety risk if employees are smoking in areas of your premises where they cannot dispose of cigarettes safely. http://www.workplacelaw.net/display.php?resource_id=6900
Its been reported that several hospital sites which have implemented a premises-wide smoking ban (including outside areas) have had to tackle problems with litter on adjoining public roads or neighbouring premises.
I hope this helps. Please let me know if you need any further specific information.
Gillian Nightingale
Network Manager
Workplace Law Group
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Alan Beare
Member - 2 posts
Can any body tell me if it would now be illegal to smoke in a door way to premises(under english law)? I am assuming it would be as it is enclosed by more then 50 % but I would like to be sure.
If this is the case then who is responsible for this? A member of the public could be involved, staff and visitors?
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Russell Miller
Member - 1 post
Can you sit in your own car in the works car park and smoke, as opposed to the designated smoking area in the same works car park?
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Alan Beare
Member - 2 posts
I would think that it would be the decision of the company. If they have allocated a smoking area then action could be taken against you if you break the companies smoking policies onsite.
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Susan Sharp
Member - 2 posts
It depends on how they have worded it - if they say you can only smoke in designated areas in the premises, then yes they can discipline you if you're in your own car, but in their car park outside of the designated area - have they put a disciplinary action clause in the smoking policy? If people cluster around a doorway, then non-smokers can complain of the passive smoking risk when having to enter the building and then the employer will have to do something about it - same applies if its members of the public connected with your business. Don't forget some Insurance companies have also used this legislation as an opportuntity to ask for measures against staff smoking in yards etc as they don't want an increased fire risk by staff smoking next to a full skip, next to the roller shutter doors etc, so not all of this has been generated by your employer....
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