Hi all,

One of our office's is based in a shared building of which we are a tennent. There is a designated smoking area outside the building (I say designated, its next to the bin store which is being used as shelter. Lets call that problem B and a fire risk). Staff and visitors have to walk past this area to get to the entrance and are encountering a lot of 2nd hand smoke.

This has been mentioned to the landlord, but no action has been taken. Other than Section 3(2) and 4 of the Health & Safety at Work Act, is their any other legislation that I could use to highlight the issue. I am also thinking of calling the local EHO to get their thoughts.

Thank you

The legislation stops at the door - it only applies within a building not outside

The only way to control the situation is to control the premises - your other option is leave

How big an issue is it before you set too much time on it?

Do they walk through the area, or simply past it?

Do they have to go past several times a day as part of their work activity or just at the start/ end of shift (along with possible lunchtime exit and return)?

Hi All,

Thanks for the replies so far. We can't move (something about not being practicle and costing money all very negative if you ask me). The smoking area is next to the main path in and cannot be avoided. I've gone down the path of the Bin Shed (made of wood), being used as a smoking hut and a fire risk. See if that gets us anywhere.

Be prepared to be Mr Unpopular given you are the representative of one tennant in a multiple occupancy and tbh sounds like you are on a personal crusade - I would suggest the opening verse of the serentity prayer

There is nothing stopping an individual using any shelter whilst smoking - only where an employer has provided a shelter must it meet specific requirements - this scenario is a case of people utilising what is present rather than anything that has been provided

Originally Posted by: Roundtuit

The legislation stops at the door - it only applies within a building not outside

The only way to control the situation is to control the premises - your other option is leave

Its not strictly true that it stops at the door, you have to site your smoking area so that personnel accessing the building do not have to walk through secondhand smoke to get in, there are also other guidelines on the siting of smoking areas. 

If it were a single occupancy at the site and it were a provided shelter I may agree - unfortunately there are several companies and no actual provision by any of them.

Avoiding smoking near a doorway is law in the US - not the UK - hence standing with the bouncer at the main entrance to our local Weatherspoons (other purveyors of sanity juice are available)

Think you are splitting hairs here....workplace is workplace under the regulations and therefore regulated...so it applies...hence the legitimate strategy of making staff go off site...didn't say it was practical just legitimate...

people who do not smoke have the right not to have second hand smoke ...it is just general respect for others, regardless of the legislation.... something I think this country is sorely lacking...

The Smoke Free (Signs) Regulations 2007 specifically stated the sign should bear the legible wording "No Smoking. It is against the law to smoke IN these premises" hence the earlier comment stops at the door.

The Smoke Free (Signs) Regulations 2012 changed this to be merely a No Smoking sign within the premises. Again re-iterates stops at the door.

Outside of the shared office by the OP's admission NO employer provision has been made for a shelter and smokers are using a resource in a public space - which regulations apply to individuals frog marched outside?

So where are these boundary gates in relation to the OP which describes shared office NOT industrial premises?

It is the law that must be followed not fiction or personal opinion espoused as fact.

I was under the impression that smoking was banned in ALL public enclosed or substantually enclosed areas and workplaces in 2007. This includes smoking in bus shelters, sheds etc. if they are accessible to the public. If in this case the shed is not accessible to the public, but still enclosed on 3 sides, them are we to assume it is a private building, or is it owned by one of the businesses?

If it is accessible to the public or owned by a business, and enclosed without gaps for more than 50% of the sides (windows and doors do NOT count as gaps) then smoking in it is illegal.

Am I wrong on this interpretation?

Originally Posted by: CptBeaky

I was under the impression that smoking was banned in ALL public enclosed or substantually enclosed areas and workplaces in 2007. This includes smoking in bus shelters, sheds etc. if they are accessible to the public. If in this case the shed is not accessible to the public, but still enclosed on 3 sides, them are we to assume it is a private building, or is it owned by one of the businesses?

If it is accessible to the public or owned by a business, and enclosed without gaps for more than 50% of the sides (windows and doors do NOT count as gaps) then smoking in it is illegal.

Am I wrong on this interpretation?

The definitions for enclosed/substantially enclosed are linked to a 'premises'. Premises is undefined.

http://www.legislation.gov.uk/uksi/2006/3368/regulation/2/made

Does it extend to a subway under a road? ;)

why not put your own shelter in?