Smoke free Somerset - locations
How different locations will be affected by the new legislation.
Frequently asked questions
1. Business - how do I develop a smokefree policy?
2. Business - what about a smoking shelter?
3. Private homes - will my home be required to be smokefree?
4. Private homes - I work from home, will it be required to be smokefree then?
5. Sports venues - does this legislation cover sports stadiums?
6. Outdoors - does smokefree legislation apply to outdoor places?
7. Exemptions - is this just about smoking in pubs?
8. Distances - sometimes smoke blows back through my office window, can smokers be made to smoke away from the building?
Answers
1. Business - how do I develop a smokefree policy?
To communicate smokefree legislation and ensure employees are aware of the legal requirements, you may wish to consider developing a written smokefree policy for your workplace.
Effective smokefree policies:
- acknowledge the right of employees to work in a smokefree environment;
- are concise and simple to understand;
- identify the members of management and staff who have responsibility for the implementation of the policy;
- identify the outside areas where people can smoke;
- provide information on how to obtain help to quit smoking;
- be prepared by consulting with members of staff; and
- be communicated to all members of staff (including new members of staff before they start work).
You will need to decide how to deal with non-compliance with your smokefree policy and how the policy fits within your existing health and safety, and HR policies.
2. Business - what about a smoking shelter?
There is no requirement to provide smoking shelters. It is common for health-focused employers not to spend money creating places for smokers to congregate. If you do have an outside smoking shelter or area, you will need to be sure that it is not "enclosed" or "substantially enclosed" under the definitions that are set out in the Smokefree (Premises and Enforcement) Regulations.
3. Private homes - is my home required to be smokefree?
No. The Government has no intention of making private dwellings and private residential spaces smokefree, except for parts of dwellings used solely as a place of work by more than one person.
4. Private homes - I work from home, is it required to be smokefree?
It depends. Regulations propose that any parts of a dwelling are required to be smokefree if they are used solely as a place of work for:
- more than one person who does not live in the dwelling,
- a person who does live at the dwelling and any person who does not, or
- any person whether they live at the dwelling or not, if people who do not live at the dwelling come to give or receive goods or services.
5. Sports venues - does this legislation cover sports stadiums?
Many sports stadiums are already smokefree. Only parts of stadiums that are enclosed or substantially enclosed are required to be smokefree.
6. Outdoors - does smokefree legislation apply to outdoor places?
Smokefree legislation covers enclosed and substantially enclosed public places and workplaces.
The Health Act 2006 also includes powers to make non-enclosed places smokefree if there is "significant risk that, without designation, persons present there would be exposed to significant quantities of smoke". At present, the Government does not intend to make any non-enclosed place smokefree.
7. Exemptions - is this just about smoking in pubs?
No. Virtually all enclosed workplaces and public places, including offices, factories, restaurants, pubs, schools, public transport, membership clubs and shopping malls are covered by smokefree legislation, meaning the enclosed parts of these places are completely smokefree.
There are limited exemptions from smokefree legislation which are set out in the proposed Smoke-free (Exemptions and Vehicles) Regulations.
8. Distances - sometimes smoke blows back through my office window, can smokers be made to smoke away from the building?
The provisions made under the Health Bill only pertain to enclosed and substantially enclosed workplaces and public places. Employers and business owners will continue to have responsibilities under Health and Safety legislation and will need to consider any issues that might arise and take the most appropriate action.
Related links
 Planning
External links
Smokefree (Premises and Enforcement) Regulations
Smokefree England
Health Act 2006
Health Bill
Health and Safety Executive - Legislation
|
