The Health and Safety at Work Act 1974 requires employers to provide a safe, clean and healthy working environment for all of their employees. The onus is on employers, therefore, to provide an appropriate atmosphere for its employees to work in, in order to promote the health and wellbeing of its employees.
It is a generally accepted fact that smoking is a major cause of various cancers, heart disease and many other conditions or illnesses. Accordingly, it is appropriate for employers to formulate and implement policies on smoking in the workplace.
Since 1 July 2007 all enclosed public places, including workplaces, in the UK are now required to be smoke-free. The ban on smoking under the Health Act 2006 is one of the most comprehensive anywhere in the world. It imposes obligations on businesses to take action to implement the ban and creates criminal offences for those who choose to ignore the legislation. England has adopted a very wide-reaching ban, with significant enforcement facilities to ensure compliance in order to achieve the objectives of the Government. The ban will now apply to all workplaces, public places, work vehicles, public transport, pubs, restaurants, bars, clubs, cafés, shopping centres and offices.
The Smoking at Work Policy v3.0 has been published to help employers in England and Wales ensure that they comply with their requirements under law, and to provide a clear record of the policy and procedure.
The draft policy covers:
- Smoking Breaks
- Smoking areas
- Non-smokers rights
- Responsibilities
- Definitions and Scope of the policy
- and more
The draft policy also comes with a 14-page Management Guide containing helpful notes on the policy and alternative provisions for employers.









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