|
Ban on Smoking
at Work - 2007
Welcome to one of the
Windermere & Bowness Chamber of Trade Employment Law updates pages. Here you will find
articles on changes in Employment Law.
The views expressed in
this Article are not necessary those of the Windermere & Bowness Chamber
of Trade and are provide for information only.
On the 1st of July
2007, a new law will force most smokers to stub out their cigarettes for
the last time at work. The changes mean that small businesses should
start planning now to ensure that they fall in line with the new rules.
The legislation will cover virtually every enclosed public place,
including offices, factories, pubs and bars and will force smokers to go
outside if they want to light up. Employers will have to put up "no
smoking" signs at the entrances to their workplace and in vehicles, or
face a fine. "Smoking rooms" - special places for smokers to light up in
- will be banned.
The changes follow the lead set by Scotland in March 2006.
In England the smoking ban will come in to force in July 2007, while in
Northern Ireland and Wales the new rules will apply from April 2007.
Businesses already have a duty to protect their staff from passive
smoking under the Health and Safety at Work Act 1974. And even if you
are one of the few workplaces not covered by the new legislation you
could still face claims that employees have suffered from secondary
smoking.
But clearing the air at work can have a positive impact on business. A
smoke-free environment can:
·
improve the health of both smokers and non-smokers, cut absenteeism and
turn-over and boost productivity;
·
reduce tension between those who light up and those who don't;
·
reduce cleaning costs and the need for redecoration;
·
smarten up your corporate image;
·
help
you to meet your existing health and safety responsibilities and to
comply with new legislation.
Top of Page
Negotiating a smoke-free policy
Turning your workplace in to a smoke-free building without upsetting
smokers takes time and patience. One person should be clearly
responsible for drawing up a smoke-free policy and making sure that it
is working. If your business is big enough consider setting up a task
force to write the policy. This should include both smokers and
non-smokers.
Ask employees for feedback and keep an open mind about how you can
improve the policy. The Trades Union Congress suggests drawing up a
questionnaire to find out how many people smoke, the proportion who want
to give up, attitudes to smoking and views on smoking breaks. Tell staff
when the policy will start and consider introducing it gradually to meet
the summer deadline.
Top of Page
Writing the policy
Start by telling staff why you're introducing the policy. ACAS suggests
saying: "This policy has been developed in consultation with workers and
their representatives to help provide a healthy, safe and comfortable
environment."
Include a statement showing that the policy complies with the relevant
legislation - depending on where in Britain you're based.
Be clear about where you can and cannot smoke. In most cases, for
example, staff won't be able to smoke when they visit customers or
suppliers. The new rules also apply to company vehicles - unless they
are only ever used by one person with no passengers. Visitors and new
members of staff should be told about your policy.
Stress that the policy applies to everyone and give the
name of the person responsible for enforcing it. Tell staff what happens
if they break the rules. You should have a clear and consistent
disciplinary procedure and penalties that increase gradually. Dismissal
should be reserved for repeated, or gross, misconduct.
The Government expects around 600,000 people to give up smoking as a
result of the new law. Help your staff to quit by providing information
about outside agencies and help lines to support them.
Top of Page
Making it happen
The person responsible for the policy must ensure that all managers and
supervisors understand the policy and follow it.
Think carefully about where and when smokers will be able to light up
and how long these breaks will last. Allowing staff to huddle in your
car park or to shelter from the rain near the dustbins is not good for
your image. In Scotland some businesses have built "smoking shelters".
Decide what to do with ash and cigarette ends.
Avoid bad feeling by making it clear how long and how often smokers are
allowed to take "fag breaks". Ensure that non-smokers know that they are
entitled to breaks too.
Top of Page
Useful Sites:
Related Links:
·
Equal pay - your responsibilities
·
Tackling drink and drugs in the workforce
·
New rules on disciplinary procedures
Top of Page
| Site Map
| Archives |
