Posted By Alan Hoskins Hi, Not wishing to hijack Bob's posting, I'll start a new one... In the Wales Regulations it states the following: Exemptions for smoke-free premises 3.—(1) A private dwelling is not smoke-free except for any part of it which is — (a) shared with other premises (including any other private dwelling) or (b) used solely as a place of work other than work which is excluded by paragraphs (2) or (3). (2) Work undertaken in part of a dwelling which is used solely as a place of work is excluded from paragraph (1)(b) if no person (other than a person who lives in the dwelling) works in that part or is invited to attend that part in connection with the work. (3) There is excluded from paragraph (1)(b) all work which is undertaken solely — (i) to provide personal or health care for a person living in the dwelling, (ii) to assist with the domestic work of the household in the dwelling; (iii) to maintain the structure or fabric of the dwelling; (iv) to install, inspect, maintain or remove any service provided to the dwelling for the benefit of persons living in it. Now my reading of this is, that a person working at home is free to smoke when a colleague is at his home (workplace) to provide a service such as maintaining a computer system provided by the employer (for example). Surely that can't be right? Please help me get my head around this one! Alan

Posted By Steve Cartwright Alan My interpretation of it is; if you work from home and you are alone you can smoke. Once you ask someone into your home to do some work for you i.e. maintenance on your house, maintain computer, another colleague works from your home, invite someone in who is providing a service such as a doctor, social worker, care assisstant etc then your house must be smoke free. I may be wrong. Steve

Posted By Alan Hoskins OK, this is how I read it: You can smoke in your home unless... Part of it is used solely for work purposes (para 1b)... (so if you work on a networked computer in the corner of your lounge you can still smoke) ...provided that no person is invited into that area in connection with the work... BUT - if the work being carried out is (say) maintaining works equipment, then 3.iv. applies (a network is a service in my view) so now you can smoke again... Alan PS good name Frank!

Posted By Kate Graham Rob, the smoking ban has nothing at all to do with the HSE. It is a public health law, not a health and safety at work law. It's councils that will enforce it not HSE. Kate

Posted By Mike Draper The smoking regulations are confusing for good reasons. First, the government and enforcement bodies are not trying to outlaw smoking. Second, the aim is to protect the public and people at work (especially non-smokers) from second hand smoke. The approach, as I understand it has been to try to capture something like the following principles. 1. Non-smokers have the right to be protected from second hand smoke when at work and/or accessing enclosed workplaces provided for public use, whether they are buildings or vehicles. 2. Smokers have the right to engage in smoking in their private dwellings, private vehicles and in the open air. From this it follows that: The regulations apply only to workplaces that are enclosed or substantially enclosed (typically either a building or a vehicle). If any workplace (whether a building or a vehicle) is provided for, made available to or used by one or more individuals (workers and/or members of the public), even if only one person is present at any one time, then that workplace must be smoke free at all times. As an exception to this and to deal with people taking their work to their own home: If a specific workplace is contained within a domestic premises and is used solely for work by a single resident of the premises, then in principle smoking could be permitted. (In theory, there should be no possibility of exposing another worker or a member of the public to second hand smoke in such a workplace. However, this does mean that the worker must be capable of carrying out all necessary operational and maintenance activities, etc that may be required in that workplace. This will be difficult for large organisations where home workers can receive visits from managers and support staff, but should be easier for sole traders/self-employed persons. Vehicles that are used solely by one individual may also be covered by this exception.) However, there are situations where work and home overlap in a different manner, i.e. where someone takes their work into a home where they are not resident, so as a completely separate exception: Where domestic premises become a "temporary" workplace for the purpose of rendering services to a person dwelling at those premises (such as domestic work, health care or maintenance of the premises), then the premises are excluded from the regulations entirely. (Inevitably this will mean that some work activities like home visits from GP's, maintenance of council flats, etc will expose some workers to second-hand smoke while they are at work in a domestic setting. I guess that this may also apply to things like road side assistance.) So, getting back to the original question, in theory a workplace in a domestic setting that may be used by more than one person should be smoke free.

Posted By Alan Hoskins Thanks Mike for that in depth commentary. In practice then, the only way to ensure that support staff visiting colleagues, who are working at home, are not exposed, is to write the requirement into a company policy. A