 No if, no butts when it comes to a smokefree zone
In conjunction with announcing the ban, Health Secretary Patricia Hewitt also launched a new “Smokefree England” campaign designed to help the country’s 3.7 million businesses, including 200,000 pubs, bars, restaurants and other leisure outlets, to prepare for the legislation.
In summary, the “to do” list is as follows:
Employers checklist
Employers, managers and those in charge of smokefree premises and vehicles should:
- Display “no smoking” signs in smokefree premises
- Take reasonable steps to ensure that staff, customers/members and visitors are aware that premises and vehicles are legally required to be smokefree
- Ensure that no one smokes in smokefree premises or vehicles
The guidelines also advise that employers take supportive measures, including:
Removing ashtrays from smokefree areas
- Develop a smokefree policy in consultation with staff
- Provide staff and customers with support to quit smoking
- Ensure that staff and customers know where they can smoke if they choose to
Developing a smokefree policy
To ensure employees are aware of smokefree legislation and changes in the workplace, the DoH advises that employers should consider developing a written smokefree policy which should:
- Acknowledge the right of employees to work in a smokefree environment
- Is concise and simple to understand
- Identifies the members of management and staff who have responsibility for the implementation of the policy
- Identify the outside areas where people can smoke
- Provide information on how to obtain help to quit smoking
- Include a consultation with members of staff
- Are communicated to all members of staff (including new members of staff before they start work)
The guidelines also suggest that employers need to decide how to deal with non-compliance with their smokefree policy and how the policy fits with their existing health and safety as well as discipline policies.
What about a smoking shelter?
The DoH guidelines suggest that there are requirements on employers to provide smoking shelters. However, if an employer does have an outside smoking shelter or area, it will need to be “enclosed” or “substantially enclosed” under the definitions that will be set out in smokefree regulations.
Supporting staff and customers who wish to stop smoking
The NHS provides a wide range of free resources and advice to those wishing to stop smoking. Local NHS Stop Smoking Services may also be able to visit workplaces in the lead up to implementation and provide advice and support for staff and/or customers.
Enforcement and fines
Any business should adhere strictly to government guidelines and ensure that all necessary requirements have been fulfilled, including placing no-smoking signs in appropriate areas.
Subject to confirmation, the guidelines suggest that anyone caught smoking in a public place will be fined £50.
It is proposed that businesses will be charged £2500. |
