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#1 Posted : 16 February 2006 12:01:00(UTC)
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Posted By Ben Smith As a local authority fitting kitchens and bathrooms can the 2007 smoking ban be enforced in a tenanted dwelling. We already ban smoking on site(any dwelling) by operatives, however how can we protect those workers from tenants secondhand smoke. Should tenants be banned from smoking in their home's when works are underway ?
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#2 Posted : 16 February 2006 13:00:00(UTC)
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Posted By Patrick Burns CMIOSH, - SpDipEM - MIQA Not sure on the specifics for England & Wales as of yet but I believe the legislation in Scotland does not apply in this case. I doubt that the tenant is going to be standing over or in close proximity to the fitters doing the job. Your own risk assessment should cover risks to tenants and it would be wise to exclude them in these areas whilst work is in progress. Your own risk assessment should also cover the risks posed by smoking and this could be communicated to the tenant prior to commencement of task or even fitters on site. Just to show how complicated the smoking ban is here are some contradictory facts. If you smoke in a public house and refuse to stop, the Publican calls the Police. You get arrested and put in the back of the Police car to be taken to the local nick. On your journey you light up a cigarette as Police Vehicles are exempt. The legislation prohibits smoking onboard vehicles which include ships. Crew are not permitted to smoke in their cabins which are of course their onboard living accommodation. The draft legislation for England permits crew to smoke in their cabins as it is their onboard accommodation. Therefore ships operating in Scotland can only permit smoking in cabins when it goes outside the 12 mile limit or operates in English Waters.
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#3 Posted : 16 February 2006 13:14:00(UTC)
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Posted By peter gotch Ben, As regards Scotland, published guidance at http://www.scotland.gov....s/2005/12/21153341/33431 The scenario you refer to is dealt with if you scroll down to work in private houses [in your case, publicly owned]. Regards, Peter
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#4 Posted : 16 February 2006 13:21:00(UTC)
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Posted By Ashley Williams I too am unsure of the new regs but I know from experience of other companies along with LA's and the NHS, that they will refuse to undertake work if people have lit up within 30 minutes of them arriving or while they are there. There is also the old chesnut of is lung desease a forseable risk of exposure to passive smoking? Ash
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#5 Posted : 16 February 2006 13:25:00(UTC)
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Posted By jackw. Hi, It is not possible to impose a ban on owners/occupiers in private/council owned dwellings This will be a major cocern in Scotland under the new smoking regs. Local authorities particularly Social Work are considering a mix strategy of writing to service users to request that they do not smoke whilst a worker is in their house and to open a window before the worker comes. The stick is a warning that should they continue to smoke the service MAY be reduced to the lowest level possible under statutory responsibilities for providing care. Dundee City Council are leading the way. Try looking at the council web site or contact them direct. My information is that other LA in scotland are considering the same action. You can of course impose a ban on your own workers an any subbies Hope this helps. cheers Hope this helps
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#6 Posted : 16 February 2006 14:19:00(UTC)
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Posted By Robert K Lewis The ban applies as I understand, subject to any changes in the other place, to enclosed public spaces. Domestic accomodation is private even to the Landlord. So the answer is it will still leave you with the problem to resolve. Bob
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