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The Smoking Ban

As a result of The Health Act 2006 the banning of smoking in the workplace was introduced. In England the ban became effective on 1st July 2007. To comply with the ban employers should produce a company smoking policy to include procedures for dealing with non compliance.

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Enforcement of the ban will be the responsibility of the local authority and companies found guilty may face maximum fines of £2500 for non-compliance and £200 for not displaying proper signage.

Following the ban employees must take their cigarette breaks outside the workplace. Many employers will put arrangements in place that may include designated smoking areas, shelter and waste receptacles. Employers who provide smokers shelters must ensure construction meets a specified standard as stipulated in the regulations.

In many cases smoking breaks will be taken on public highway areas directly outside the workplace. Where this is the case under existing legislation there is an £80 fixed penalty in place for individuals who drop their cigarette butt in public. However it is proposed that future legislation should be introduced to fine businesses directly where it can be proved that a litter problem exists in any public area from the resulting action of their employees.

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