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Posted By Julie P
I am trying to find out if a company has any obligation to provide an external shelter for smokers as we have designated our manufacturing building and offices as non-smoking. Any advice please?
Also, whilst searching old threads on this subject I noticed a comment that a smoking area must be provided in foundries. As our other building is a foundry I wondered whether anyone can elaborate on this - do we need to provide a smoking room or external shelter?
Any assistance greatly appreciated.
Regards, Julie
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Posted By J Knight
The guidance to the workplace regs does state that facilities should be provided for smokers; this however is guidance, and as I understand it nobody has a right to smoke at work. If people are allowed to smoke at work this is at the discretion of the employer, and there is no obligation on an employer to provide a shelter. It may be different in foundries, but if so they would, as far as I know, be unique in this. I've recently been to workplaces which not only bar smoking inside but also forbid staff and visitors from smoking anywhere within the perimeter of the premises,
John
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Posted By Robin B
Hi Julie
We introduced a smoker's room, in the canteen, almost 10 years ago after pleas from the non-smokers. Previous to that smoking was permitted in the toilets but this created other problems from production [Non-smokers felt they should get a smoke break also] and from our insurers. Smoking is now only permitted in this room, or outside, at normal break times.
The whole subject was discussed with the employees for almost a year before it was established.
I dont know about foundrys but the food, pharmaceutical and petrochemical industries for example ban smoking throughout.
Robin
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Posted By J Knight
Further to my previous post, and in the spirit of Robin's offering; I'm not saying that I think that employers should always ban smoking, and Robin is dead right to mention consulting your employees; any change in working conditions needs careful consideration and discussion, even if the employer has a right to impose their will. We allow controlled smoking in some of our workplaces, in others it is entirely forbidden, and I see no reason for us to change this at the moment,
John
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Posted By Rob T
The Foundry's regulations have almost in their entirety, been revoked however the only other place that I know of where it is a requirement to provide a smoking area is under the Control of Lead at Work regs 1980 reg 10 (1) (b). This is an absolute duty not qualified by reas prac or prac.
Are you working with lead in your foundry?
I hope this helps.
Personally - if someone uses a pencil in my office I would insist that a smoking area was provided! (OK OK I know that's graphite but it's worth a try!)
Cheers
Rob
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Posted By Julie P
Hi guys,
Many thanks for your responses so far. Rob, in answer to your question, we have stopped using lead for about 18 months now in favour of a more user-friendly substitute, so I am guessing this means we do not need to provide a smoking area at our foundry.
Our proposal is to restrict smoking to outside both buildings which, in line with other comments, may need to be addressed through our union to ensure employees are consulted.
We do not currently provide external smoking shelters, so I can see objections being made to this proposal!
Thanks, Julie
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Posted By John Webster
I'm not sure how the proposed smoking ban regulations will be applied in England, but in Scotland, in just over a years time, the proposed legislation will effectively prohibit smoking in just about all enclosed areas except domestic premises, hotel bedrooms and other places used as as an individual's home, such as rooms in care homes. This means that there will be no smoking at work, and the smoke room will be outlawed. It remains to be seen how the law will define partially enclosed spaces, eg sports grounds and, of course, bus shelters and outdoor smoking shelters.
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Posted By Laurie
There was a case some years ago where someone was sitting in their own car, in their own time, having a cigarette.
However, the car was in the company car park, and the company had a "no smoking on the premises" policy (they weren't in a sensitive field such as petrochemicals and the like).
He was sacked and claimed for wrongful dismissal, but lost.
I would judge from that that you do not need to provide any smoking facilities.
Laurie
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Posted By Rob Malcolm
Hi Julie,
We have a smoking shelter at our place of work. As I understand it the company is under no obligation to provide one.
I insisted on risk asessing ours first.
Make sure that its not left in a volatile state i.e. sources of ignition next to combustables. No obstruction of emergency exits. Ensure that a source of light is provided in the winter months for the dark mornings & evenings. If your going to do it then your going to have to do it right. Duty of care and all that!
Hope this helps.
Rob Malcolm
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Posted By Paul Birney
Julie
My workplace has just brought in a smoking shelter, after having seperate smoking areas within canteens for a number of years. The workplace uses solvent and so smoking and ignition sources must be controlled.
Something to bear in mind if you decide not to provide a shelter is that you may well end up driving the smokers underground, with toilets and store rooms being used as smoke dens, this may then end up with you having to close such rooms with all employees then being affected.
Our smoke shelter is heated, well lit, central to all employees on a fairly large site and has lighters provided (similar to car lighters).
There is also a scheme to aid employees who may want to quit.
Consultation is the key to a succesful and peaceful resolution.
Paul
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Posted By Paul Leadbetter
For Rob T
The Lead Regs 1980 were replaced in 2002; Reg 7 now prohibits smoking in places liable to be contaminated with lead.
Paul
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Posted By Aidan Toner
Just a thought Paul-Have you decreased the corporate incentive for smokers to quit with your 4* shelter.??Our organisation is presently in the laughable situation wherby the buildings maintenance manager( a dedicated smoker and TU official ) is busting to get the smoking shelters installed before the policy is redraughted such that smoking is not permitted at all (internally or externally) on company premises.He correctly recognises that once management has provided the shelters they will take on a life of their own making the ultimate goal of smoke free premises more difficult to achieve.
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