Posted By Sean Fraser
The Workplace Health Safety and Welfare Regs state that the employer has a duty to provide suitable and sufficient rest rooms where "rest rooms and rest areas ... include suitable arrangements to protect non-smokers from discomfort by tobacco smoke".

Clever wording - it cannot discriminate against people who are indulging in what continues to be a legal activity, so it worded it differently to have the same effect. It all depends on your organisation and how it views smoking, especially if smokers are in the senior management positions.

Most organsiations today operate no smoking policies, and this is predominant in the health care industry. If the employer doesn't have one but wishes to introduce it, it is strongly recommended that it goes through an employee consultation process and implements the resultant policies with a high awareness campaign - it should not just ban, it needs to consider other health issues of moving smokers on (outside) and ensuring their health is not endangered (i.e. providing suitably protected areas) and also providing support for those who may now wish to give up. There is nothing to stop an employer from implementing the no smoking policy - but if they don't follow the recommendations above they will be storing up trouble for later.

HSE info can be found on:

http://www.hse.gov.uk/pubns/ohindex.htm

Smoking info (including establishment of no-smoking policies at work) can be found on the following:

http://www.ash.org.uk/

http://www.health-promotions.com/

http://www.hebs.scot.nhs...topics/smoking/index.htm

Hope this helps.