Posted By Peter Longworth With regard to the vehicle the question you should ask is. Would the vehicle be for his sole use as a normal part of his duties or would other employees use the vehicle, either as a driver or a passenger? If the answer to the first part is yes then the vehicle would not have to be smoke free. If the answer to the second part is yes then the vehicle would have to be smoke free. With regard to the distance from buildings, you will need to consider it from the point of view of whether the premise is substantially enclosed. By that I mean that if you, for instance provide a bus shelter type facility has a roof and 2 sides that meets with the less that 50% enclosed requirement and then situate it up against the side of a building you may find that the building wall effectively makes a 3rd wall to the structure and results in the structure becoming substantially enclosed ie the total enclosed area will be more than 50% enclosed. Your shelter will not then meet with the requirements. You will also obviously have to consider fire precautions etc.

Posted By Deb Thanks Peter. After speaking to the company secretary I believe the vehicles are for personal use only & are not used for business.. so that clears that up. The shelter, on the other hand is non-substantially enclosed & it's 3 meters away from the entrance, my concern was secondhand smoke being blown into the building (substantially enclosed premises) & yes I've taken fire precautions into account. Thanks again D.

Posted By Sima Patel Hi forum users, This thread has been moved over from the IOSH members forum as we hope forum users on the OSH discussion forum will be able to help Deb further with her query. Kind regards on behalf of the Moderating team, Sima Patel Web Assistant IOSH