Liz Whitehead, Employment specialist at Jackaman Smith and Mulley explains more about the new anti smoking legislation. From the first July 2007 all employers must display No Smoking signs at entrances to their building. The laws have been introduced as a result of Health and Safety issues at work, and mounting concerns that an increasingly large percentage of the population are developing ill health as a result of inhaling second hand smoke. Passive smoking has been linked to coronary heart disease and lung cancer.

Your Local Authority is responsible for enforcing the anti smoking legislation. Trading standards enforcement officers will be empowered to enter company premises to ensure compliance with the new rules. Individuals may receive a penalty notice for breaking the ban, for a sum of up to £30.00, increasing to £50.00 if payment is delayed for 29 days.

Designated smoking rooms will no longer exist. If employees wish to smoke during the working day they must leave the company premises, including any surrounding company land, to smoke in an open public space. Bus shelters and railway platforms will still permit smoking, but any enclosed area including shopping precincts, or ‘substantially enclosed areas’ will have to display the No Smoking notices and strictly adhere to the ban. Employers will not be obliged to permit smoking breaks, nor to erect smoking shelters for staff. Simple measures including the removal of ash trays, staff training and the erection of official No Smoking notices should remind everyone that smoking at work is no longer permitted in any part of the premises.

The No Smoking notices must be of a specified size and content. The notice must be not less than A5, (210 x 488mm). Every Notice must display the international ‘No Smoking symbol’, which must be a minimum of 70mm in diameter. Any employer failing to display the Notice in its appropriate form can be fined up to £1,000.00.

Any person disregarding the No Smoking Notice may receive a court fine of up to £200.00.

It is important for employers to ensure that staff and customers realise the importance of not complying with the new law. If employers permit smoking in a smoke free place they may face a fine of up to £2,000.00! For further information about this or for any other employment related matter, Please contact Liz Whitehead either on 01379 643555 or via email liz.whitehead@jsm.co.uk.