Smokefree law - in the workplace

A law requiring smokefree environments in virtually all workplaces comes into effect 1 July 2007. It ensures that all workers and members of the public are protected from the harm caused by tobacco smoke. The regulations have yet to be approved by Parliament and so this guidance may change.

Draft smoking policy for businesses (link to external site)

My shop is in my home. Does it have to be smokefree?

Private dwellings are not covered by the legislation. However the room which is used as your shop will need to be smokefree. The legislation requires any part of a private dwelling which is visited by people who do not live in the dwelling to be smokefree.

What will the legislation mean in practice?

It requires the management to:

Ensure premises are smokefree
Display ‘No-smoking’ signs in a prominent position at all public entrances, including parts of a private dwelling used as a shop, and at staff entrances. The sign should carry the international red ‘no smoking’ symbol. Signage will be available free from the Department of Health. Register for free signage and guidance by visiting the Smokefree England website
Take reasonable steps to ensure that customers and staff are aware that the premises are legally required to be smokefree and that they are compliant.

What about entrances to my premises?

Outside areas are not covered by the legislation. However you may want to consider making it a policy that smoking is not permitted within a certain distance from outside entrances so that staff and customers do not have to walk through a cloud of smoke to get into your premises.

Are there any exemptions?

Certain establishments where people live and which are also workplaces eg prison cells, hospices and long-stay residential homes will be exempt. However, this does not mean that smoking will be allowed throughout the premises. Instead, employers will have to identify designated smoking rooms for residents and possibly visitors which:

are completely enclosed, except for windows / doors, on all sides by solid floor to ceiling walls
do not have a ventilation system that ventilates into any other smokefree part of the premises
if a door opens onto smokefree premises, it needs to close by mechanical means
are clearly marked as a room in which smoking is permitted.

There is no obligation for employers of exempt places to have ‘smoking rooms’ if they do not wish to.

What are the penalties for non-compliance?

For those who have management responsibilities:

Failure to display minimum no smoking signs: up to £1000 or £200 fixed penalty notice
Failing to prevent smoking in a smokefree place: up to £2500.

For individuals:

Smoking in a no-smoking place: up to £200 or a penalty notice of £50

Do employers have to provide smoking breaks or outside smoking areas?

No on both counts. By law, employers must give staff an uninterrupted rest break of 20 minutes when their daily working time is more than six hours. Staff can, of course, smoke during their rest period, if they choose, but they must not smoke in an enclosed or partially enclosed area. As an employer you might like to decide where smoking is allowed elsewhere on your premises eg in open car parks, grounds, or shelters.

Is there help for staff to stop smoking?

The NHS offers a wide range of excellent, free and easily accessible support for smokers including local Stop Smoking Services, the Together Programme, the NHS Smoking Helpline on 0800 169 0169 and Nicotine Replacement Therapy (NRT) on prescription.

Stop smoking services in East Sussex

Can I get help to make my business smokefree?

Visit the Smokefree England website or phone the information line on 0800 169 1697 and register for the latest updates and FREE resources.

Are hair saloons and barbers covered by the legislation?

Yes. The legislation covers all workplaces, which are used as a place of work by more than one person or are visited by members of the public. Smoking rooms and designated smoking areas will no longer be allowed in any wholly or substantially enclosed building or structure.

What does ‘enclosed’ and ‘substantially enclosed’ mean?

Enclosed: the premises has a ceiling or roof and is wholly enclosed, whether on a permanent or temporary basis, eg tents, marquees, conservatories.

Substantially enclosed: the structure has a ceiling or roof and there are openings in the walls which are less than half the perimeter of the walls. This is called the ‘50% rule’. For more detailed information visit the Smokefree England website.