Smoking Regulations - Company Vehicles

My company enforces a ban on smoking in all company cars.
I recently had the displeasure of spending a week with a chain smoking colleague who although was prohibited from smoking in my company car, smoked so much that halfway through the week, had passed on the smell to my clothes and upholstery and I could taste it three days after he had left.
He would chain smoke then immediately climb into the vehicle.

I am not an anti smoker, people can do what they want to themselves but do they have the right to pollute my car?
Incidently my wife smokes.

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If a colleague smokes in a vehicle that is used by others (dustcart) and it has been brought to the notice of the employer who is reluctant to take action, what recourse has the member of staff who made the complaint. Can they take their complaint to a hogher level?
Sue C

(1) To James Fairfield. Particulates from smoking stay around for periods determined by numerous factors such as amount of smoke, ventilation etc. Getting into a car say, half hour after someone smokes will not put you at risk to your health - in fact it would be more unhealthy to walk around London breathing in the polluted air on a busy day!
(2) Lets be blunt here - companies strictly enforcing the smoking law in company cars - pointless and not proportionate to the risks presented. Loads of companies can't even carry out suitable and sufficient risk assessments and implement appropriate controls for issues that present a real risk to health and safety. Why don't companies concentrate on implementing workplace transport safety, or do alcohol and drug testing of employees instead of worrying about the company car smelling. And the message from Robert Williams about not being in proper control of the vehicle whilst smoking? Well, why don't you ban radios as tuning into the station or turning the volume up is hazardous!! Its all about sensible risk management.

The easy way to get round all of these questions is to have a company policy in place that bans smoking in all company vehicles whether they be for sole use or not. Privately owned vehicles that are purchased using a car allowance/salary would not be covered.

This would support both the smoking and driving legislation.

Not hard to enforce, you've just got to have the HR support ready to deal with the issues same as any other comany policies.

If the car is not for sole use then No Smoking stickers should be displayed and company policy must state that smoking is not allowed in any company vehicle. This week saw the penalties for careless driving increased with the potential of a jail sentance if you cause a death through careless driving. This is proving a very touchy subject with some people and hard to enforce.

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WE HAVE A EMPLOYEE WHOS IS SUPPLIED WITH A COMPANY CAR AS A PACKAGE OF EMPLOYMENT SO IT REALLY INTENDED FOR THEIR SOLE USE HOWEVER THEIR IS THE POSSIBILTY OF ANOTHER EMPLOYEE USING IT FOR LOCAL RUNS TO BANK ETC DOES THAT MEAN THAT THE EMPLOYEE SUPPLIED WITH THE CAR CAN NOT SMOKE IN IT AT ALL OR JUST WHEN SOME ONE ELSE IS A PAASENGER

Colin,

If you do not smoke but your wife does, then surely you can use this legislation to tell her not to smoke in the car with you?

Re the message above from Richard Johns (6 Dec 2007) - is this really correct? I thought smoke particles stayed around long after the cigarette was extinguished? Anyone care to comment?

Sid Vicious - give up your personal use (inc commuting) of this vehicle and you'll pay no tax.

I have a company car and do not smoke ! but my wife does. Is it to be expected that when she is in the car "normally only at weekends or on Holiday" that she is not to smoke ? the car is used 99% of the time for my sole use on business, i am the one who pays tax (albeit as BIK) why does the goverment expect any individual to be curtailed in this way!!!

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One aspect that has not been mentioned is that it may be considered "driving whilst not in proper control of the vehicle" if a driver lights a cigar, cigarette or pipe. This is especially so if there is an accident and the driver was smoking.

Hi Sid

You're not taxed on your use of the car for business - just on the benefit of having it available for your private use. You could argue, therefore, that during working hours/on business it's just a tool like a computer or a stapler, which I'm sure you'd be happy to share with your colleagues if they needed it :)

Quote, Gillian Nightingale, Workplace Law Network, 24th May 2007
" If a car is provided to an employee for work purposes, and is solely for that employee?s own use, and the employee does not transport others it would not be covered by the legislation. But if the employee uses the vehicle to transport clients or colleagues, even if only occasionally, then the vehicle will have to be smoke-free as it will be considered a work vehicle."

I have a company car as part of my salary package and as such it is counted as a sole-user vehicle not a pool car and I have to pay tax on it.
However, I am expected to allow colleagues to use the vehicle when needed and sometimes I transport clients in this vehicle so I am no longer allowed to smoke in it as it is technically classed as a work vehicle.

Isn't this double standards?
Either its my vehicle to do with as I please (after all it's costing me a fortune in tax) or its a work vehicle that is available to anyone in the company and therefore should be classed as a pool car in which case I shouldn't be taxed on it?

If a non smoker gets in the vehicle after someone smoking in it, they can't legally refuse as there is not risk to their health - its just unpleasant. Refusing to enter the vehicle after may be in breach of contract

If someone choses to ignore the legislation and smoke in a company vehicle then a non smoker is asked to use that vehicle can the non smoker refuse? What might be the outcome of this ?

Thought people might be interested to know that - in Cambridge at least - while the local authority appears to be inspecting business vehicles such as vans and trucks, they don't seem to be asking about signage in company cars ... a softer approach than was initially given.

Where do I stand with smoking in a Large Goods Vehicle (LGV) when it is used as a 'Home' i.e sleeping in the Cab away from home from Monday to Friday (and the vehicle is soley for my use, but if I was on Holiday someone else might use the vehicle).

Ian Sainsbury.

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