Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Admin  
#1 Posted : 02 April 2004 21:23:00(UTC)
Rank: Guest
Admin

Posted By Robert Higgins Like a lot of employers we have provided designated smoking areas. I would appreciate your views as to the extent of the liability of an employer in the event an employee(s) contracting a smoking related disease. What are you opinions in respect of a situation similar to McDonalds being sued for making people overweight? Should we all be putting up notices in our smoing areas warning individuals of the dangers of smoking?
Admin  
#2 Posted : 03 April 2004 10:32:00(UTC)
Rank: Guest
Admin

Posted By John Murgatroyd Actually, you can put up notices to your hearts content. It'll make no difference. If you have a hole in the ground you can't rely on a notice saying HOLE IN THE GROUND AHEAD to protect people from a fall. The same with smoking. Under section 2 of the Health and Safety at Work Act 1974, employers have to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. Under the Workplace(Health, Safety and Welfare) Regulations 1992, employers have to ensure that there are arrangements to protect non-smokers from discomfort caused by tobacco smoke in rest rooms or rest areas. Current Acts and Regulations already place duties on employers to protect their employees. One method of ensuring compliance with the law is to adopt a policy on smoking for the workforce. The policy not only protects non-smokers but also should encourage smokers to reduce the number of cigarettes smoked or to quit. Controlling the problem by hoping the employee can't take legal action is short sighted and possible actionable as well.
Admin  
#3 Posted : 03 April 2004 15:37:00(UTC)
Rank: Guest
Admin

Posted By Martin Roper Robert, An employer obviously has a legal duty to protect non-smokers against the effects of passive smoking whilst at work, however, it is inconceivable that an employer will be held accountable for any self-induced illness that should strike a smoker who happens to be working in their employ at the time of contracting the illness. Apologies if I have mis-read the original enquiry which appeared to be enquiring about just such a claim from a smoker.
Admin  
#4 Posted : 04 April 2004 00:49:00(UTC)
Rank: Guest
Admin

Posted By Ken Taylor There cannot be any sensible claim to ignorance of the health risks these days with warnings on cigarette packets, etc. I would, however, advise an extraction system (to the open air) for the smoking room - for the benefit of cleaners, maintenance workers, etc as well as the smokers.
Users browsing this topic
Guest
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.