Rank: Forum user 
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Hi all,
To keep a new building and grounds looking 'nice' the employer has taken the decision not to include a smoking shelter and banned employees from smoking on the grounds. They now smoke on the adjacent public footpath. Some are reporting being verbally abused by passing members of the public - not clear if it's for smoking 'per se' or for blocking the path. Before verbals turn to physicals i'd be interested in finding out if others have had similar situations and how they dealt with it. Take as read that staff aren't going to get a shelter or be allowed to smoke on site.
I'm aware of smoke-free requirements and guidance but can't see anything in it that covers this issue, unless somebody points out otherwise. Presumably as they're at work and (currently) being allowed to go for a smoke they are covered by HSW Act (or are they?), so what control measures can be devised in the risk assessment?
Thoughts welcomed. Cheers
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Rank: Super forum user 
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No responsibility what so ever in my book. what they do on their break time, off company property is entirely up to them. Them smoking is not part of the company undertaking, so HASAW Act does not apply.
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Rank: Super forum user 
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With Chris - no duty or responsibility BUT a caution - if your staff are receiving verbal abuse be prepared for an ittinerant taking things further and physically assaulting your employee with the potential consequence of their being off work recovering from injuries received or even worse (many drink related manslaughters are a single punch causing the deceased to strike their head against the pavement) The local council may become involved if too many complaints regarding obstructed footpaths are received (these reports will have an adverse impact upon future planning applications) Or the Police may be called if you read the public order act literally Riot Under section 1 of the Act: - twelve or more persons;
- present together;
- used or threatened unlawful violence (all charged must use);
- for a common purpose; and that
- the conduct of them (taken together);
- was such as to cause;
- a person of reasonable firmness;
- present at the scene;
- to fear for his personal safety.
http://www.cps.gov.uk/legal/p_to_r/public_order_offences/#Riot
So have a group of thirteen smokers rounding on an abuser and you can see the definition of riot may apply
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Rank: Super forum user
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With Chris - no duty or responsibility BUT a caution - if your staff are receiving verbal abuse be prepared for an ittinerant taking things further and physically assaulting your employee with the potential consequence of their being off work recovering from injuries received or even worse (many drink related manslaughters are a single punch causing the deceased to strike their head against the pavement) The local council may become involved if too many complaints regarding obstructed footpaths are received (these reports will have an adverse impact upon future planning applications) Or the Police may be called if you read the public order act literally Riot Under section 1 of the Act: - twelve or more persons;
- present together;
- used or threatened unlawful violence (all charged must use);
- for a common purpose; and that
- the conduct of them (taken together);
- was such as to cause;
- a person of reasonable firmness;
- present at the scene;
- to fear for his personal safety.
http://www.cps.gov.uk/legal/p_to_r/public_order_offences/#Riot
So have a group of thirteen smokers rounding on an abuser and you can see the definition of riot may apply
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Rank: Forum user
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The Law of Unintended (but prefectly foreseeable) Consequences... So now the "nice" new building and grounds are blighted by hordes of smokers and their waste making the entrance (where all the customers arrive) look shabby. Tell them to build the shelter round the back. Then everyone's happy! Edited by user 20 September 2017 18:36:07(UTC)
| Reason: Not specified
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Rank: Super forum user 
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Not your issue if people want to smoke you have told them they cannot smoke in the building or grounds and if they choose to stand on the footpath outside then that is up to them. Just don't tell them that they can smoke outside let them decide for themselves. Only allow them official break times and none of this just popping out for a ciggy inless you let non-smokers just pop out anytime during the day for a bit of fresh air. I wouldn't build a shelter.
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