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#1 Posted : 29 June 2007 17:04:00(UTC)
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Posted By Debbie S
One of my depot managers has just informed me that he's had to suspend one of his drivers as he refused (in a not so pleasant manner) to accept the 'smoke free' literature that we handed out to all employees and said that he will smoke in his lorry because we can't stop him.......depot manager is going down the road of inviting him to a disciplinary meeting and will give verbal or written warning....
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#2 Posted : 29 June 2007 17:07:00(UTC)
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Posted By Mike Draper
Just make sure you follow your internal procedures and provide a proportionate response.
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#3 Posted : 29 June 2007 19:30:00(UTC)
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Posted By Mick154

Smoking ban applies to trucks

The smoking ban which comes into force in England from 1 July applies to any vehicle used for work, including lorries and vans, and there is no exemption for heavy goods vehicles with a sleeper cab. Signs will have to be displayed not only in operating premises, but inside vehicles. The Freight Transport Association, which has members operating over 200,000 lorries in membership, has produced a Smoking Compliance Guide for members, available at fta.co.uk/information/briefing-digest

As an ex truck driver for nearly 30years and a smoker, (stopped this Christmas as a present to her that must be obeyed ) I sympathise with your drivers as I used to live in my truck, the longest being 6 months but most times up to 3-4 weeks

To a Long-distant driver the truck is his home, and a home is an English mans castle
Don’t be too hard on him the transport industry needs good English drivers

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#4 Posted : 30 June 2007 09:36:00(UTC)
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Posted By Dave West
It will be hell for long distance lorry drivers and they have my sympathy as they live in them dam things and some are a home to them but when someone blatantly refuses to abide by the law what are you to do but go through disciplinary procedures.
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#5 Posted : 30 June 2007 10:21:00(UTC)
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Posted By Garry Mcglaid
I can honestly say in Scotland it seems blatantly obvious to me that very few truck / van drivers are actually adhering to the no smoking regulations in their vehicles. One year down the line i have yet to hear of any instance when action has been taken against any individual, not saying it hasnt happened, but i am sure it would have been newsworthy if this had been the case.
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#6 Posted : 30 June 2007 10:59:00(UTC)
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Posted By Pete48
And of course, this company is just as tough on all those other transgressions against various laws and/or company rules??

Giving this chap a formal disciplinary talking to is not going to solve the issue, in fact it may escalate matters. A supportive chat clearly outlining your expectations of him in supporting your duty is probably enough at this stage.
Then when you decide to do some spot checks on compliance he may be found wanting or he may not. Just because he has verbalised this it doesn't mean he is the only employee who may take that route.
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#7 Posted : 30 June 2007 12:39:00(UTC)
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Posted By Phil H

I think it is the case that only taxi vehicles come under the ban in Scotland so if he is heading North over the border does this mean it is OK to light up. Who knows we may see a market for convertible taxis.
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#8 Posted : 01 July 2007 11:58:00(UTC)
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Posted By Garry Mcglaid
Phil,

All wotk vehicles come under the ban in Scotland
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#9 Posted : 02 July 2007 09:15:00(UTC)
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Posted By Robert K Lewis
Debbie

Keep clear of the process, leave the problem to your HR people.

Bob
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#10 Posted : 02 July 2007 09:23:00(UTC)
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Posted By jackw.
Hi I agree this is an HR problem so let them deal with it. Also as one post has indicated truck and van drivers up here in scotland tend to ignore the ban.. Unlikely they will be "chased" down by anyone. However I suppose it is a different matter if they are seen by a manager etc. of the company..we have had up here a few people reporting bus/coach drivers to the authorities for smoking.

Cheers.
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#11 Posted : 02 July 2007 10:27:00(UTC)
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Posted By Debbie S
Thanks for all your comments

Strangely enough we have a depot in Scotland as well as a few in the UK - and yes some of our drivers over the border have been issued with fines - we get polite letters and sometimes photographic evidence showing that truck drivers are ignoring the ban - needless to say the driver pays the fine and we have to demonstrate to the enforcing authority that we are managing the law. Drivers who are caught and issued with fines are given verbal warning etc etc following normal HR procedures.


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#12 Posted : 02 July 2007 10:37:00(UTC)
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Posted By jackw.
Hi debbie thanks for the info re drivers in scotland being fined I had no info on this..helpful to "encourage" our drivers to comply..

cheers
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#13 Posted : 03 July 2007 14:29:00(UTC)
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Posted By Dave Wilson
Just a quick one,

Its the employer who has to prove he has a policy in place to comply with the smoke free regs, if the employer then he can be fined.

If an employee is caught smoking in his vehicle then he bears the cost very much like a speeding ticket.

The issue is then what action will the employer takes after the individual has been caught?

Some wont even bother and some may even invoke disciplinary action.
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