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Posted By Lee Ferris
Yesterday I drafted a 'no-smoking' policy for the company that I work for. In it I stated that as from 6am 1st July 2007 it will be illegal to smoke inside any of the company buildings, and that it was a company policy that there will be no smoking near any exits, entrances or windows. Smoking is only permitted in the outside designated smoking areas...blah, blah, blah. I then sent it to the CE for recommendation and signing. Today he sent it back with an amendment. He wants it to state that it is ILLEGAL to smoke near exits, entrances and windows. I can't find anything to back this up in the regs. Besides, how can we possibly stop the public from smoking as they pass the buildings? Has anyone else had the same problem? I need confirmation before I put him right. Thanks.
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Posted By Crim
Why do you need to write a no-smoking policy for the company when the Regulations make it mandatory not to smoke?
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Posted By Dave West
you still need a policy which will detail how you will comply with the law.
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Posted By Lee Ferris
It's an educational establishment and they have policies for everything.
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Posted By Crim
How many policies do you have? One for every Law in existence?
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Posted By Lee Ferris
Not quite one for EVERY law, but if you'd ever worked in an educational establishment you'd understand the need for so many written policies.
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Posted By Lee Ferris
Anyway, has anyone seen any legislation that bans smoking from outside of the entrances,exits or near windows? I haven't.
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Posted By John Murgatroyd
Since you ask, no.
Well, not specifically !
The national authority has the power, under the act, to designate any area as non-smoking that is not covered under section 2 of the act.
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Posted By CRT
I think you have allready answered your own question, there is nothing in the regs, although i suppose there is nothing to stop you saying it.
Not sure why your CEO thinks "bending the truth" will work any better than enforcing your own policy/procedures ?
CRT
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Posted By Bob Youel
The most senior person can go better that the law e.g. ban smoking totally everywhere in their undertaking as against conform to the minimal requirements
I am a director for one company and I banned smoking totally >10 years ago -its worked perfectly and I worked for a company >20 years ago that also had a total ban on smoking irespective and still does
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Posted By Rob T
The answer is no. Don't listen to people who make up the law to match their own views (what National authority?). You can't even enforce a ban on NHS grounds if you are in the open and not a member of staff. The open air is still not actually owned by anyone (not like Cohegan on Mars and then of course Arnie sorted it!)
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Posted By alan noble
As soon as you take one step over the threshold of a building into the open air you can legally smoke. Some hospital trusts in Scotland put up no smoking signs stating "It is an offence to smoke within 15 metres of these premises". Don't know what offence they were refering to, it certainly wasn't anything to do with smoking legislation. If your CE wants to be so hard-line you could use the term 'offence' instead of 'illegal' meaning it is an offence aginst your smoking policy.
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Posted By John Holland1
The regulations are to make premises smoke free. To take one step over the threshold of the premises and then smoke, there would depending on which way the wind was blowing be the potential for smoke to enter the premises. Surely the management of the premises has to ensure that the premises are smoke free, if they do not then they are in breach of the regulations. Or am I missing something?
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Posted By Jim Erdwin
One of my MD's said he has been "told by lots people" he can smoke in his office at work because only he uses his office. I don't think he's right.Any advice folks?
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Posted By jackw.
Hi, Scotland here so some experience of the ban. Up here and i suspect England will be the same, the guidance indicates that smoking should not take place outside a building in areas that may result in the smoke coming back into the building. In practice this means under windows next to vents etc. Similarly any shelters for smokers should not be in areas were second hand smoke is likely to enter the building. Obviously this can't be applied to passers bye but can be applied to staff and customers..e.g. outside pubs, clubs etc.
Hope this helps
Cheers
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Posted By Robert Paterson
Hi Jim
Your MD seems to have money to burn as well as his health. He must be reminded that he cannot smoke inside his office irrespective of what anyone else tells him. Failure to comply with the legislation will result in him being fined for his trouble.
Robert
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Posted By J Knight
Jim,
200,000,000 flies can't be wrong, and neither can 'loads of people'. Sadly, though, weight of numbers doesn't make for accuracy, and your MD cannot smoke in his office even if its hermetically sealed and nobody ever enters or leaves it (don't know how he'd get his G+Ts but there you go).
The more I think about this whole business the more I think Rob T has a point. We may have to stop our patients smoking in one of our Hospices 'cos its listed; think about that one. These are people for whom the other shoe has already dropped; they don't need staff assistance, we're to stop them smoking because its bad for their health?
John
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Posted By Kenneth Patrick
In Ireland I noted that employees were not allowed to smoke just outside their own place of work.
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Posted By Brigham
I was under the impression that a company can ban smoking on or outside its premises if it owned the land people were standing on at the time.
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Posted By Jim Erdwin
Hi Robert,
I have 2 MD's and the other is a non-smoker with a vengence who has alledgedly said he can't wait to fine the other one.I might offer advice and sit back to wacth the fur fly :)
Jim
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Posted By Ian Mitchell
The best advice I have seen so far is to go with the idea of replacing the word 'illegal' with 'an offence' under company policy. I can understand why he does not want people crowding around doors etc. as visitors must hold their breath and pass throuhg the cloud of smoke!
At the end of the day, the law is the minimum and the company is free to be as draconian as they like subject to human rights etc!
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Posted By Jim Erdwin
John,
Thanx for your response.I agree with you and feel for your patients.I worked in that area for many years and could never work out what the difference was in me administering drugs with potentially harmful side effects yet was supposed to discourage smoking.
Jim
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