Massers Solicitors is using National No Smoking Day (14 March) to warn employers of the stiff penalties they face when the smoking ban starts on 1 July 2007.
According to Massers, one of the most contentious areas will be that of vehicles. Smoking will be permitted in private vehicles but most likely banned in company vehicles like lorries and vans.
Angela Shaw, employment solicitor at Massers, said: Businesses whose workers are caught having a crafty fag in a company vehicle, or the workplace, could face stiff penalties of up to £2500. There will be a duty on any person who occupies or is concerned in the management of smoke-free places, to ensure that no one lights up.
Workers caught having a cigarette will face a fixed penalty fine of up to £200. Businesses could also face fines of up to £1000 if they fail to display a no smoking sign in smoke free premises and vehicles.
Part of the Pentagon Group based in Nottingham is already putting in a number of measures in place well ahead of the smoking ban in July. Group HR director Graham Hall said: We want to make the introduction of the smoking ban easier and we hope these initiatives mean it will be second nature to employees by 1 July.
Pentagon has been promoting a number of measures to help comply with the regulations including:
- Writing to every employee at home about the ban in an effort to promote family/work health.
- A phased ban by providing cigarette disposal bins in open locations for smokers.
- Creating awareness to all employees using signage to make all departments non smoking.
- A poster campaign to provide support and help to employees to give up smoking.
- Reinforcing the existing policy which includes the ban on smoking in vehicles which will increase value of the company vehicle by at least £500 on each vehicle.
- Written procedures into its Company handbook detailing requirements on no smoking policy.
- Updating its Health and Safety Policy and manuals for the no smoking policy.
- Disciplinary procedures have been amended to protect everyone but more emphasis has been put on raising a grievance in an effort to self police this.
Massers is warning employers they could also face grievance procedures for the first time from non smoking workers if a smoker lights up in the workplace.
Workers who do not comply with the smoking ban will face the consequences. This must be done as part of the companys health and safety, and disciplinary policies, said Angela Shaw.
She adds: It is likely that the employers who get into difficulty over this will be those that are either unaware of their obligations, or do not prepare properly or communicate adequately with their employees.
She suggests businesses need to identify outside areas where people can smoke, set up a team to help implement the no smoking policy, provide support and information for staff to want to quit smoking, and consult with staff on the new procedures before they are implemented.
When the ban comes in, smoking will be prohibited in all shops, offices and other workplaces, although there are likely to be some specific exemptions such as army barracks. However, people working from home may be exempt, such as hairdressers who invite clients into their home.
Angela Shaw believes that employers need to act so they are ready for the 1 July.
Our recommendation is that if you are in any doubt, come and speak to us. It is vitally important that as the date for the introduction of the new legislation approaches, no-smoking policies and procedures are kept under constant review in accordance with business needs and legal requirements.
