No butts

Last year, Parliament passed the Health Act 2006 which will require virtually all enclosed public places and workplaces in England to be smoke free. This new law will be enforced in England from 6am on 1st July. Similar laws have already been introduced in Wales, Northern Ireland and Scotland April.

The regulations applying to smoke free legislation, under the Health Act 2006, have been made and guidance has now been published by the Department of Health and is widely available, including on the Smokefree England website at smoke freeengland.co.uk.

The purpose of the legislation is to protect employees and the public from the effects of second hand smoke. Second hand smoke can cause a range of serious medical conditions including heart disease, lung cancer, sudden infant death syndrome and can trigger asthma attacks. There is no risk free level of exposure to second hand smoke.

The introduction of smoke free environments will reduce the risks to health from exposure to second hand smoke and recognise a person’s right to be protected from harm and enjoy smoke free air. It will also increase the benefits of smoke free places for people trying to give up smoking. Ireland and Scotland have both already introduced smoke free laws and they have proved to be workable and popular. Studies have shown that there has been a massive improvement in the air quality of enclosed public places and marked improvement in the health of bar workers in particular. The latest polls conducted for the Department of Health show that 76% of people in England support the new law.

In England more than three out of four people do not smoke and nearly three quarters of those who do smoke say that they want to give up. However, only 51% of people currently report their workplace as being completely smoke free. This figure is lower for people in routine and manual jobs.

What do the regulations require people to do?

In England the new legislation means that virtually all enclosed and substantially enclosed public places and workplaces, including shops, offices, factories, pubs, restaurants, public transport, and work vehicles that are used by more than one person will need to be smoke free. Indoor workplace smoking rooms will not be allowed so anyone wishing to smoke will have to go outside instead.

From 1st July businesses will be required to:

• Display compliant no-smoking signs at each entrance to their premises and in work vehicles

• Take reasonable steps to make staff, visitors and customers aware of the legal requirement to keep premises and work vehicles smoke free eg. communicating with them about the change to the law in advance of 1st July and displaying further no-smoking signs within the premises

• Ensure that no one smokes in smoke free premises and work vehicles

So what you have explained covers contractors main offices and consultants offices. I Is there any difference for contractors site cabins and offices?

No, there will be no difference. If a premises is considered to be enclosed or substantially enclosed – whether this is a permanent or temporary structure – it will be required to be smoke free.

Where do signs need putting up?

The regulations require all smoke free premises to display a no-smoking sign in a prominent position at each entrance.

Do you have to use any special signs and can you add any wording to them?

The Department of Health has made signs available via its website smoke freeengland.co.uk which can be downloaded or ordered free of charge. The signs must:

• Be at least the equivalent of A5 in area

• Display the international no-smoking symbol in colour, a minimum of 70mm in diameter

• Carry the words in characters that can be easily read: ‘No smoking. It is against the law to smoke in these premises.

On the sign the words ‘these premises’ may be changed to reflect the particular premises where the sign is displayed, for example ‘in this site cabin’

What about delivery vehicles on site and contractors vehicles?

Where a vehicle is used primarily for work purposes by more than one person, regardless of whether they are in the vehicle at the same time, it will be required to be smoke free at all times. This protects shift and other workers who use the same vehicle from the health risks associated with second hand smoke.

Smoking will, however, be permitted in vehicles that are for the sole use of the driver and are not used as a workplace by anyone else, either as a driver or passenger. Anyone with management responsibilities for the vehicle will be required to ensure signage is displayed in each enclosed compartment that can accommodate people. These signs must simply display the international no smoking symbol in colour, a minimum of 70mm in diameter.

What about machines/plant with cabs and plant on hire?

If these vehicles are used by more than one person, regardless of whether this is at the same time, they must be smoke free at all times.

When is a new building /structure defined as an enclosed so when do the regulations apply to the new building/structure?

Premises will be considered to be enclosed if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed, whether or a permanent or temporary basis.

Premises will be considered to be substantially enclosed if they have a ceiling or roof, but there are permanent openings in the walls which are less then half of the total areas of walls, including other structures which serve the purpose of walls and constitute the perimeter of premises. When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings that can be open or shut. This is known as the 50% rule.

A roof includes any fixed or movable structures, such as canvas awnings. Tents, marquees or similar will also be classified as enclosed premises if they fall within the definition.

Housing sites/ blocks of flats

During construction, the new law will apply as above as these will count as a workplace. Once the structure is used as a private dwelling (i.e. when residents have moved in), it will not be required to be smoke free, with the exception of any parts used in common by more than one premises (for example a common indoor stairwell in a block of flats or a communal kitchen in a student halls of residence)

When building a new building in the grounds of say a factory that is separated by hoardings do the factories rules apply?

The smoke free law will need to be enforced if the premises is considered to be enclosed or substantially enclosed. If however it is in the open the smoke free law need not be enforced. However there might be health and safety reasons (aside from smoke free legislation) why building site managers might want to restrict smoking in areas of the it that are not enclosed or substantially enclosed. If people have questions about when smoke free legislation should apply, they should contact the environmental health department of the local council where the premises (or building site) is located.

Repair/maintenance work on someone else's premises i.e. in a factory?

Again if the premises is a workplace and is enclosed or substantially enclosed, smoking will not be permitted. The responsibility for ensuring people do not smoke and displaying compliant signage falls on any person who controls or is concerned in the management of the smoke free premises.

Repair/extension work for a domestic client?

Private dwellings are exempt from the smoke free law, so the regulations will not restrict people from smoking in private homes – if of course consent is given by the client to do so. Employers will continue to have duties of care for the health, safety and wellbeing of their employees under HSW laws, and should seek to protect staff from exposure to second hand smoke. The TUC have produced guidance to assist employees who work in private dwellings to minimise exposure to second hand smoke.

What about any clients requirements and the future planned use of the building?

Regardless of whether the building is being built as an office block, a factory or a block of flats, while it is considered a workplace – i.e. while it is being built –it will be required to be smoke free, if it is considered to be enclosed or substantially enclosed.

I also understand that we need to have a policy. Can you explain what a construction site has to do?

The new smoke free law does not require businesses to develop a written smoke free policy, however business may wish to do so to ensure employees are aware of smoke free legislation and changes to your workplace.

Effective smoke free policies:

• are concise and simple to understand

• explain the reasons for the policy

• acknowledge the right of employees to work in a smoke free environment

• make reference to the relevant smoke free legislation

• states that the policy applies to workers at all levels as well as to visitors and customers

• identify where smoking is/is not permitted

• identify the members of management and staff who have responsibility for the implementation of the policy

• state how the organisation will deal with non-compliance

• provide information on how to obtain help to quit smoking

• include a consultation with members of staff

• are communicated to all members of staff (including new employees before they start work)

You will need to decide how to deal with non-compliance with your smoke free policy and how the policy fits within your existing health and safety as well as discipline policies.

Do we need to write a policy for each construction site and are there any examples available?

As a policy is not required under the legislation, it is up to the individual company how they develop any internal policies. A simple smoke free policy can be prepared to be applicable to all work sites.

A sample policy is available to download from the Smokefree England website www.smoke freeengland.co.uk/resources/guidance-and-signage