Posted By Glyn Phillips David, the RRFSO specifically excludes domestic premises that are not workplaces. Therefore the new regulations do not apply to these premises. We have a similar situation, where our employees enter and work in customers workplaces and these work places are not controlled by the RRFSO. As part of the paperwork sent to the customer prior to the visit we request the customer provides a smoke free working environment. In aour view this is as much as we can do without witholding our service. Glyn

Posted By Richard Altoft I am a bit at a loss to see how RRFSO applies. S2 of HASWA74, COSHH or even confined spaces might but why RRFSO unless we are mainly concerned with occupiers setting employees alight? Occupiers Liability might apply and I thought I had heard that many local authorities and social services units had already banned community nurses and home helps or care workers working in a household where passive smoking was a health risk to their employees. I thought that was in Scotland. I feel it must be the responsibility of the Employer to withdraw services from domestic premises that involve a specified risk rather than on householders to provide a risk free place of work to someone who is not an employee in a place that is domestic. However the IIRSM newsletter page 8 this month has a case of a householder sued by a delivery driver delivering blocks for an extension who fell down a hole on the property and injured his back, he relied on Occ Liability Act1957 - is passive smoking any different? R

Posted By Mike Palfrey Give them a respirator, like you would in any circumstance where there is a risk of exposure to a harmful substance that could not, SFAIRP, be 100% removed. I would say there is a greater risk of injury, to more people, from an un-maintained gas appliance either exploding or generating large amnounts of carbon monoxide, to withdraw the service because of a few minutes exposure to cigarette smoke. Regards

Posted By MarkS Its a bit of a statement of the obvious but I would have thought that the risk to your employees from passive smoking was rather less significant than the risk of a really big bang if someone sparks up whilst undertaking gas maintenance work. I imagine that the guidance given to your employees and customers on the avoidance of explosions could be amended to deal with the problems arising from a possible passive smoking issue ie. "you cant do it."

Posted By Stupendous Man I'm a bit unsure as to how a company can be 'liable' for sending a gas engineer into a house where someone smokes. Correct me if I am wrong, but some jobs to do with gas/electrical safety, along with some local authority and health service tasks have a statutory footing. Therefore, a company will have to mitigate the risk SFARP - there is no compulsion to eliminate the risk altogether.

Posted By Simon Walsh Grad IOSH The legislation which will introduce the smoking ban in England is the Health Act 2006. The Act does not extend to banning smoking in private homes which an employee is working there.

Posted By Ken Taylor Give it up, Merv, while your still young - and I don't mean the drink.