Posted By Paul Leadbetter Pete Stay away from COSHH; use the Workplace Regs. The HSE have said that COSHH should not be used to justify control of smoking. Paul

Posted By Peter Lee LEGAL POSITION 7 (1) HSW Act s.2(1) could be used to require an employer to take reasonably practicable precautions to ensure the health of their employees from ETS. However, the balance of benefit against cost, etc, means that each situation needs to be considered on its merits. (2) The Management of Health and Safety at Work Regulations 1992 (MHSW Regulations) SI 1992 No 2051 which came into force on 1 January 1993, require every employer to assess the risks to health of employees to which they are exposed whilst they are at work. The purpose of the assessment is to assist the employer in complying with the relevant statutory provisions, including HSW Act s.2. It will therefore be relevant where HSW Act s.2 is considered to apply to ETS. Whilst the ACOP Management of health and safety at work makes it clear that employers can usually ignore trivial risks or those arising from routine activities associated with life in general, the requirements will apply to ETS when the risks are considered to be significant. (3) The Workplace (Health, Safety and Welfare) Regulations 1992 and Approved Code of Practice contain: (a) Regulation 6 which requires employers to provide effective and suitable ventilation. However, it should be noted that the Froggart Report stated that improved ventilation did not provide an adequate safeguard against exposure to ETS. (b) Regulation 25(3) which requires employers to protect non-smokers from discomfort caused by tobacco smoke in rest rooms and rest areas. The ACOP suggests that methods of achieving this include the prohibition of smoking in those places or the provision of separate areas for smokers and non-smokers. These Regulations came into force on 1 January 1993 for new workplaces and will do so on 1 January 1996 for existing workplaces. (4) HSE Solicitor advises that the Control of Substances Hazardous to Health Regulations 1994 (COSHH) do not apply because the hazard does not arise out of or in connection with the work activity. (5) There is no intention at present to introduce specific legislation to control smoking in the workplace.

Posted By Jason Gould Very good link John.