Rank: Guest 
|
Posted By Jason G
Just a quick question about smoking legislation.
I know it is against the law to smoking in any public area within communal accommodation such as a stairwell or corridor in a block of flats, but its not against the law to smoke in private dwellings.
My question is, if someone is smoking within their own home, but the smoke escapes into the communal areas, what action should/could be taken to protect the staff that works in these areas (cleaners etc)?
|
|
|
|
|
|
Rank: Guest
|
Posted By Jason G
Sorry, I forgot to ask how the legislation might apply to the above situation?
Thanks
|
|
|
|
|
|
Rank: Guest
|
Posted By Alan Hoskins
Jason,
The Regulations are silent on this one.
There is a requirement for designated rooms/bedrooms that open on to a communal area to be fitted with mechanical self-closers, but that would not apply in your scenario.
Alan
|
|
|
|
|
|
Rank: Guest
|
Posted By Mitch
I would apply it on the basis that the Regulations are for "smoke free" therefore if someone is contaminating a communal area the area is not smoke free and this a breach of the regulations!
|
|
|
|
|
|
Rank: Guest
|
Posted By Kite
How does the smoke escape into the communal areas,
|
|
|
|
|
|
Rank: Guest
|
Posted By Paul Harrison
Jason
As an EHO allegedly enforcing the legislation, my understanding (which I have confirmed with our Smoke Free Officer)is that nothing can be done under the Health Act as long as the smoking is inside the private dwelling. As the smoking is not in a work environment HS legislation will also not apply. Therefore I do not think there's alot you can do.
Cheers
Paul
|
|
|
|
|
|
Rank: Guest
|
Posted By Tabs
Yes, as the law is written, the offence is the act of smoking, not the presence of smoke.
Theoretically, you can stand outside and blow smoke into any substantially enclosed premises.
One of the most poorly-written set (why not one piece) of legislation written in modern times.
|
|
|
|
|
|
Rank: Guest
|
Posted By Jason G
Kite - apparently the person on the premises is a heavy smoker and the smoke must be escaping under the door and also when she opens it.
Thanks to every one for their replies. Pretty much what I thought, but it doesn't hurt to get the opinions of others.
|
|
|
|
|
|
Rank: Guest
|
Posted By alan noble
Here is another difference between Scotland & England............
In Scotland
"Peoples' homes are not caught by the legislation. Common stairs in tenements and apartment blocks are typically the common property of all the proprietors and as such are also not caught by the smoke-free law."
Taken from FAQs at clearingtheairscotland.com
Don't you just love devolution?
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.