Health & Safety - Frequently Asked Questions

Smoking and the Workplace:

Q. What must I do in my workplace to comply with the law?

A. There are several things employers are required to do to comply with the law. These are:

• Display warning signs
• Make sure people are aware that the premises are smoke-free
• Remove smoking rooms in the premises
• Ensure no one smokes

Q. In what parts of the workplace does the smoking ban actually apply?

A. The smoking ban applies to all enclosed or substantially enclosed premises that are public places or workplaces used by more than one person.

Q. Are vehicles also included in the smoking ban?

A. Vehicles are also included if:

• They are used by a member of the public, or;
• They are used by more than one person at work

However, a vehicle does not have to be smoke-free if:

• It is used primarily for private purposes, or;
• It is provided for the sole use of the driver and not used as a workplace by anyone else. Company car drivers must not smoke if they share the car with another employee, or;
• It is a convertible with the roof removed. Opening the sun-roof and windows does not count!

Q. What signage do I need to display in my Workplace?

A. ‘No Smoking' signage must be displayed in a prominent position at every public entrance to the premises. Signage must:

• Be of a minimum A5 size

• Include the 'no smoking' sign and be at least 70mm in diameter
  
• Carry the words: "No Smoking. It is against the law to smoke in these premises"

However, smaller 70 mm signs as shown above may be used at the entrances if:

• The premises are only used by employees
• A larger A5 sign is displayed within the building

OR

• The premises is part of a larger smoke-free premises, for example a shop within an enclosed shopping centre

Vehicles

• In a smoke-free vehicle a sign of at least 70mm in diameter must be displayed. A Tax Disc holder is available which avoids fixing signs to the dashboard

Q. What are the potential penalties that could be imposed on my company if I don't comply?

A. The following penalties can apply to your company if you don't comply:

• Failure to display the signs - £200 fixed penalty or a maximum fine of £1,000
• Failure to prevent smoking - maximum fine of £2,500

Q. What penalties can be imposed on individuals (workers or members of the public) who fail to take notice of the signs:

A. The Individual:

• For smoking in a smoke-free location - a fixed penalty notice of £50 (reduced to £30 if paid within 15 days) or a maximum fine in court of £200
• An employee can also be disciplined as smoking in the workplace (or cars) can be classed as gross misconduct as it is against the law.