Posted By Alistair Kelman I know that under Regulation 25 of the Workplace (Health, Safety & Welfare) Regulations 1992 all rest rooms/areas must include suitable arrangements to protect non-smokers from exposure to tobacco smoke and pregnant women and nursing mothers must be provided with suitable rest areas. But, in the light of the evidence on the risks of passive smoking (which is post-1992)and the legislation in Scotland (and now coming in in England) is it not the case that any risk assessment today must find that smoking in the workplace is in breach of the general requirement to provide a safe working environment?

Posted By David J Jones Alistair, Being based in Scotland we (H & S and HR) have gone through a rigorous process to ensure that, come 26th March (THE day for those "down south") we are compliant with both the new Laws and HSAWA. We started by assessing the risks to non-smokers from our present smoking areas then, with our H & S Reps, proposed different locations at each of our facilities for external smoking shelters. After consultation with those in their "parishes" the Reps came back with only one objection to one proposed shelter site, this was accepted and the alternate location accepted. All shelters (three in total) are sited away from doors, pedestrian routes, windows that may be opened during fine weather, ventilation intakes and any other places where there might be a possibility of smoke being drawn into the buildings or drifting into pedestrian accesses. We have further ensured the distance for smokers to travel to the shelters is an absolute minimum commsurate with the requirements above. There will be no smoking in or near building entrances. The shelters will be of the type that do not hold smoke within and are recognised as being purely that - a "shelter". We will be banning smoking totally in all pool vehicles as well as employees company vehicles when a non-smoker is carried as a passenger. We have further empowered mobile employees to refuse a passenger permission to "light up" where the driver is a non-smoker. We are putting in place "self help" groups where employees who may be considering giving up are looking for moral support as well as offering a course of patches for those who may feel the need for that type of help. By putting the above into place, we consider we will have complied with both the new Laws and the requirement to "provide a safe place of work" insofar that non-smokers will have a smoke-free environment at their place of work whilst those who choose to smoke have the facilities so to do, bearing in mind that smokers have chosen to smoke and do so in full knowledge of the danger to which they are placing their health. David (Me, I'm a smoker which is why I've been asked to roll out the new smoking policy!)

Posted By David J Jones Alistair, Don't forget that smoking in buildings will be "an offence to smoke there or knowingly to permit smoking there", so your statement should ensure compliance with the HASWA. Your questions about vehicles is fair, our policy states "Smoking is not permitted in Company vans being used in Scotland or being driven into Scotland from another part of the country" (note - vans and not cars). This is borne out by a statement from the Road Haulage Association that was drawn to my attention (by e-mail and as such I have not seen the original as yet) in which they effectively say drivers coming north from England will have to stub out their cigarettes when crossing the border from March 26th. A fairly good publication is available from the Scottish Executive "Helping to get your business or organisation ready for the new law on smoking. (A guide for employers, managers and those in control of premises)" If you have not yet got a copy try ringing the Tobacco Control Division on 0131 244 5660 or their website - www.clearingtheairscotland.com. David

Posted By Robert (Rod) Douglas A mentor of mine said many years ago when I first started in H&S. "We are not contracted to Smoke" and also the Health & Safety at Work Act states: It shall be the duty of every employee while at work (A) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work. By smoking a cigarette at work are they taking reasonble care of the health & safety of themsleves and that of other who may be affected by their acts or omissions? Light the Blue Touch Paper and Stand Well Back....... Aye, Rod D