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Posted By Robert S Woods
I'm looking for the legislation on passive smoking in particular employers duties. I've read INDG 63 rev.
I'm sure there has been some recent legislation on the subject. The legislation I'm thinking of excluded people like bar staff until 2006-2007.
Hope someone can help.
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Posted By Mark Talbot
I stand ready to be corrected, but I think it is still a consultation document... recently there were calls for it to extend to all enclosed public spaces, including pubs and clubs offering food - but excluding same if no food is offered [showing a weighting towards gastronomic rather than health issues].
Still waiting for case law showing that it is already covered under COSHH I think ... most of the toxins in cigarette smoke will be found in EH40. Just a matter of exposure levels I guess.
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Posted By Adrian Watson
Passive smoking does not come under COSHH because of Reg 2(2) This states
"In these Regulations, a reference to an employee being exposed to a substance hazardous to health is a reference to the exposure of that employee to a substance hazardous to health arising out of or in connection with work at the workplace."
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Posted By Lynne Ratcliffe
Yes, In UK this is still subject to discussion. Ireland have already implemented and Scotland has just passed their first stage to legislation. UK as per norm is lagging somewhat behind (not as far behind as the Dutch on this one).
An emotive issue which we have passed on to 'old legislation' and Union procedures etc and moved to HR to indulge in discussion procedures to end smoking in workplace. This too has now ground to a halt.
Good Luck.
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Posted By Phil Grace
Previous comments are all correct. Smoking bans being proposed in White Paper published in Nov last year.
Maoin driver seems to be possible gains in public helath arena rather than occupational H&S. Reason that workplaces keep getting mentioned (especially hospitality industry) is that by and large this is the most significant area where employees remain exposed. Most offices, woodworking risks, chemical based industries etc etc have gone "non-smoking" in the workplace.
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