Posted By warderic From 6am on July 1st 2007 virtually all public places and workplaces will become smoke free environments. In most workplaces this will be relatively simple to implement. However, consider the work environment of a non-smoking employee who cares for a person in their own home. As an example, a person who works for a charity and spends 8hours a day in the home of a disabled person helping them with their daily needs. What if the disabled person is a chain smoker. Question; Where does the law stand regarding this situation; What legal obligations do the employing charity have and what rights does the employee have? Good luck

Posted By Greg S I have been enforcing smoke free legislation in Scotland for the last 6 months, and this is an issue we have come up against quite a few times. Residential accomodation is not caught by the smoke free legislation. However, it is recognised that there are instances where people have to visit a residential property to do their job. A guidance document produced by the Scottish Executive entitled 'Guidance for local authorities, NHS organisations and care service providers' offers practical advice on how to reduce staff exposure to second hand smoke in these circumstances. It basically says that workers have the right to ask, not tell, someone not to smoke when they are providing a service to them in their own home (I would even ask them not to smoke at least an hour prior to the visit). It is hoped (perhaps optimistically!) that the individual receiving the treatment/service will understand that it is in the interest of the workers health and respect the request.

Posted By BeSafe I fully appreciate the risks associated with passive smoking. However, where does this latest debate finish? The papers report toxic chemicals from cigarette smoke remaining in the home for some time after the last cigarette has been smoked. Do we ban residents smoking in the home 2 weeks or maybe 2 months before someone visits? Times have changed but this anti-smoking debate is starting to verge on hysteria and no I don't smoke! I recall going on school trips many (many!) years ago and the coach driver smoking continuously. This was the norm at the time. Myself and as far as I am aware my classmates didn't grow up to gain two heads and chronic asthma. We're banning smoking in pubs and I guess we may soon see "drinking alcohol - allowed in separate areas or prohibited throughout" type signs, we're advising people buying a crate of strong lager at the supermarket to "drink responsibly" (!) and I understand fast food is next for the chop.