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Posted By JimE
Happy new year everyone,
I recently contacted my local council for advice on people still ignoring the no smoking law.During the session the person advising me said this is not a H&S issue now but an environmental health one.Before I say this to the next person to moan to me about people still smoking near the factory entrances or in the toilets, and get accused of shirking my responsibilties, does anyone agree with the council advisor?
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Posted By Ron Hunter
Those enforcing the law within LAs will invariable be working within the Environmental Health Department/Teams. In that context, the advice is quite correct.
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Posted By Bob Shillabeer
Yes it is a local environmental authority responsibility to enforce the new legislation. But, it is still an offence to smoke in places covered by the smoking ban. Those guilty of doing so can and will be prosecutedv under the smoking legislation and you as a person who complains about it will be questioned and if necessary asked to give evidence in a prosecution. This is where it becomes a bit problematic, how do you prove that the law has been broken, that's why it is best to complain to the EHO and hope they catch them next time.
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Posted By CFT
And There was I wondering who the heck was 'Nosmo King'.
And after reading, I must concur with the first response; quite correct in this posters ever so umble opinion.
Charley
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Posted By graeme12345
I see persons smoking outside all the time, what is so bad that you feel you have to report it.
Maybe in a few years time when the statistics come back from the NHS about how respiratory diseases have dropped dramatically because of the smoking ban the government will reduce our national health contributions from our wages
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Posted By Ian Bennett
According to my Grandfather Nosmo King was an entertainer in the early part of last Century. He got his name from the notice "No Smoking" on a railway carriage on his way to a "gig" in Sheffield where my Grandfather worked as a porter for 45 years.
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Posted By May Warley
Hi all,
I have a smoking related issue here as well. We have set-up a smoking shelter for staff. Due to the current windy condition, there are a couple of staff who would rather smoke in their cars which are parked on site. Is this allowed?
Thanks
May
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Posted By Tabs
Public Health issue, not H&S issue ... it is regulation made under the Health Act.
Having said that, LA's are enforcing, and I doubt you have anyone else in your organisation that will say "Oy! that's my problem, leave it alone!" :-)
I got lumbered, as I would hazard to guess did most of the H&S guys and gals around the country.
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Posted By Tabs
May, yes - unless they are company cars used by more than one person.
There is no restriction for private vehicles.
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Posted By Andrew M
they tried to lumber - but just sat in on the meeting and advised. Talking smoke detectors whatever next?!
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Posted By Andrew M
Smoking in cars.
I said no.
Our company policy is that there is no smoking on site other than designated areas - we do not designate any car as smoking areas.
If they are taking a break in a car are they not on company business?
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Posted By Tabs
The regulations make no mention of "being on company business".
The law is quite clear as I stated - if a company wishes to introduce additional rules, they are at liberty to do whatever the employees will accept.
If you want to be harsh, just introduce a new rule forbidding people access to their own cars.
Personally, I can't see the harm if you are letting people have smoking breaks in the first place.
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Posted By Ron Hunter
May, many (most?) Health Authorities are imposing a total ban within the curtilage of their premises - this would include the car park and they could "enforce" by disciplinary procedure.
Many Schools are doing the same.
Your employer could extend his arrangements beyond what the law requires too should he choose.
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Posted By Dave Wilson
Its not illegal to smoke outside.
Parts of this 'law' are really unenforceable in the work place.
Employer can get fined if it 'allows' people to smoke indoors!
That said how long will it be until the LA see this as a revenue making exercise and put GATSO type cameras in to catch smokers in vehicles.
Attached to very lamp post?
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Posted By Pete48
Dave, puts a whole different meaning on the driving term " I was really smoking through that last camera zone"
Sorry couldn't resist on a Friday:)
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Posted By JimE
Many thanx people.
JimE
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Posted By holmezy
just an after thought realy,
I thought Nosmo King was a sudonym used by Jonathan King back in the days when he dabbled in the music business, before dabbling in other things
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