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workers in domestic properties where ocupants are smoking
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#1 Posted : 16 October 2002 14:52:00(UTC)
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Posted By Stuart Hufton As a local authority we have 16,000 council houses that we own and manage. I already have the issue that when staff enter a council house to work the property becomes the workplace and legislation that applies to the workplace comes into force. However, the trade unions have now raised the issue of employees working in tenants' homes where the tenant is smoking. All I can see is a big can of worms. Bearing in mind that for some staff their entire working day is spent in tenants homes, anyone any views.
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#2 Posted : 16 October 2002 15:49:00(UTC)
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Posted By Adrian Watson Dear Stuart, To be a pedant the law relating to workplaces does not apply within domestic premises, but the law relating to work activities does apply! As the law relating to work places does not apply, there is very little that can be done. The best that you could do is request that the tenant doesn't smoke whilst the worker is carrying out his/her work. However I can well imagine some tenants asking the worker to go forth with his tools for the temerity to ask a person not to smoke in his/her own home. Regards Adrian
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#3 Posted : 22 October 2002 15:53:00(UTC)
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Posted By Stuart Hufton Adrian Thanks for being pedantic but these days its not the threat of criminal law that’s the main driver. If an employee complains of exposure to smoke, we fail to do anything about it and they subsequently claim to be suffering from the effects of passive smoking we would have trouble defending a civil case. As someone who deals with my fair share of “Claims Direct” type claims (local authorities are a good target) I know how hard it is to defend some of the totally bogus claims.
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#4 Posted : 22 October 2002 16:01:00(UTC)
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Posted By Lewis T Roberts Good afternoon chaps, Couldn't help over read this thread. It does make you ask the question, if true, why are local authorities a good target. Lew
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