Thanks to the Health Act 2006 England and Wales in 2007 will follow Scotland in making smoke free environments mandatory in enclosed public places and workplaces, including business vehicles owned and operating as a business asset.
This will mean smoking being prohibited in trucks,vans,pubs, bars, clubs, cinemas, theatres, restaurants, shops and offices throughout the land.
Employers will have to control or manage their smoke free premises/vehicles or will face fines though they do have certain defences to apply.
They will have to post no smoking signs and prudent employers will:
• Identify all areas where smoking would constitute an offence;
• Advise customers, visitors and staff of the same;
• Alter their staff handbook and be prepared to eject customers and visitors who do not comply;
• Discuss these issues with workplace representatives and trade unions;
• Alter the disciplinary policy of their organisations;
• Advise staff whether or not they intent to allow smoke breaks (they need not);
• Advise staff of whether or not they intend to erect outside smoke shelters (again no obligation) and
• Provide staff and customers support on how to quit.
Shelters are allowed for smokers so long as not “enclosed” or “substantially enclosed” and therefore smoking in the pub garden could continue as long as it was only partially (less than 50%) covered by a temporary or permanent roof.
