Have you implemented your smoking policy yet?
The smoking ban that has been in force in Scotland (26th March 2006), Wales (2nd April 2007) and Northern Ireland (30th April 2007) has finally come into force in England on July 1st 2007.
The purpose is to protect employees from the harmful effects of second-hand, or passive smoking. Failure to comply with this ban is a criminal offence as is the failure to comply with this Act.
The legislation applies to premises and vehicles.
Premises
This will apply to all 'enclosed' areas, which are also classed as a place of work by more then one person. Although many businesses in the leisure sector (bars and resturants) have provided external shelters for their employees, you are under no legal obligation to do so. Beware of building shelters though, they cant be 'enclosed' or even 'substantially enclosed' and you may need to seek planning permission before erecting one.
Vehicles
Smoking is banned on public transport and work vehicles, including company cars if they are used by more then one person.
Failure to comply
Fines of between £30 and £200 are going to be commonplace for individual workers caught smoking, whilst hefty fines of £2500 will be inflicted on businesses that fail to prevent smoking in their business environment.
The Smoking Policy
Although this is not compulsory, having a smoking policy will protect you against employees persistently failing to comply with the law and if this could be produced on an inspection, then the fines would more likely go to your employee rather than you.
All businesses need to consider a smoking policy within their business contracts.
Contact Premier Legal for your Smoking Policy