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Are You Prepared for Smoke Free Legislation?
 If
your business has not yet prepared itself
for the smoke free legislation that comes
into force soon, then you need to act
quickly or you could face big fines.
With only two months until the
implementation of the smoke-free elements of
the Health Act 2006 come into effect on 1
July, businesses in England need to ensure
that they are adequately prepared for this
legislation warns ACCA (the Association of
Chartered Certified Accountants).
Similar legislation was introduced last year
in Scotland and in Wales and Northern
Ireland in recent months. The legislation
means that virtually all enclosed public
places and workplaces will become smoke-free
environments. This will include offices,
factories, shops, pubs, bars, restaurants,
membership clubs, public transport and work
vehicles that are used by more than one
person. The law will also mean that indoor
smoking rooms, still common in workplaces,
will no longer be allowed.
John Davies, head of business law at ACCA,
says: "Businesses have two months to work
out how they will comply with the new law.
They ultimately have a responsibility to
ensure that they are prepared for this
legislation which will have a far-reaching
effect on businesses throughout England.”
The legislation will apply to virtually all
'enclosed' and 'substantially enclosed'
public places and workplaces. Premises will
be considered 'enclosed' if they have a
ceiling or roof and (except for doors,
windows and passageways) are wholly enclosed
either on a permanent or temporary basis.
'Substantially enclosed' premises are those
which have a ceiling or roof, but have an
opening in the walls, which is less than
half the total area of the walls. The area
of the opening does not include doors,
windows or any other fittings that can be
opened or shut.
Businesses will need to ensure that no-one
smokes in smoke free premises or vehicles.
They will need to display no smoking signs
“a minimum of A5 in area, displaying the
international no-smoking symbol and carrying
the words: 'No smoking. It is against the
law to smoke in these premises'” in
smoke-free premises and vehicles and take
reasonable steps to ensure that staff and
visitors are aware that premises and
vehicles are legally required to be
smoke-free. Any existing indoor smoking
rooms will need to be removed.
In the run up to 1 July, employers should
ensure that their staff are aware of
smoke-free legislation and the imminent
changes to their workplace practices by
preparing a concise and simple to understand
written policy and making this available to
all employees, explaining the reasons for
the new policy. Where circumstances permit,
employers should also consider providing
staff with support to quit smoking.
Although enforcement officers will work
closely with local businesses to build
compliance, non-compliance carries fines of
between £50 and £2,500; so make sure you
spend a little time making sure your
business is ready!
More information on legislation and
regulation issues is available from our
Business Law portal.
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