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Posted By John Merrell
The new smoking legislation which apparently is to become law sometime this year is causing much consternation and debate at my place of work, the big question centres around the wording of "enclosed spaces" and how it will affect us.
Ever since we opened the workplace has been a "no smoking" place of work with areas set aside for smokers, those areas are portakabins which although attached to the building are completely seperated from the building by two doors (one of which is a metal roller shutter for fire purposes)all the usual fire equipment (heat detectors, sprinklers etc)and extraction fans are fitted in them and over the years dart boards, table football and other associated "pub" games have found there way in.
Non smokers and those not wishing to smoke have two canteens that are entirely smoke free as is the rest of the building including all offices etc.
My (our) questions are , will the proposed legislation affect this portakabin, what is an enclosed space in the context of the new legislation etc etc
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Posted By Ron Young
If you are speaking of the law coming in in Scotland, yes, the portakabins will be affected, they will be illegal. An enclosed space in the Scottish legislation is, simply put, anything that is more than 50% enclosed. The English law which changes next year is at present unwritten.
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Posted By Alexander Falconer
The scottish executive website has the full details and appropriate downloads which will give you the required guidance
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Posted By Calum Clark
You'll also need to have no smoking signs in the portakabin (registered trademark)which display the name or desgnation of someone to whom complaints can be made about anyone smoking where they shouldn't.
Look at http://www.clearingtheairscotland.com which will give you access to the Act, the Regs and associated guidance and sample signage.
The spirit of the law is good. The detail, unfortunately, is a nonsense.
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Posted By Aidan Toner
A prudent employer will not get too hung up about the 'openness'or otherwise of their smoking shelters.Provision of any type of external 'shelter' will eventually be recognised(By society and civil courts) as complicity by an employer in facilitating an employee's life threatning addiction.
In our recently revised smoking policy we have declared a time limit to phase out our 'existing external' smoking shelters.This has been arranged in consultation with our smokers who requested, on a quid pro quo basis, that cessation therapy courses and assisted nicotine replacement be made available.We have just finished our first cessation course and now look forward to removal of external shelters totally.
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Posted By jackw.
Hi, I, like others, assume you are relating to the new law in scotland due on 26 march (personnaly great news). You will not be allowed to use porta cabins or another fully enclosed shelters you must remove ashtrays from tis area errect the new no smoking "it's the law" signage and locate a named person or designation to take and act upon complaints.
in effect any enclosure must be 50% max enclosed including the roof but not the floor area. Pubs and club are considering a cannopy type area. REMEMBER you do NOT have to provide smoking areas for staff, clients visitors etc. he law is concerned with stopping 2nd had smoke inhaulation.
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Posted By Jerry Lucey
Where pubs, clubs and other premises in Ireland have provided a smoking area for patrons and workers, the minimum requirement is a room/ structure with one whole wall removed.
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Posted By lawrence baldwin
Section 3 of the Smoking, Health and Social Care (Scotland) Act 2005 states: Section 3 Display of warning notices in and on no-smoking premises (1) If notices are not conspicuously displayed- (a) in, on or near no-smoking premises so as to be visible to and legible by persons in and persons approaching the premises; and (b) stating- (i) that the premises are no-smoking premises; and (ii) that it is an offence to smoke there or knowingly to permit smoking there, the person having the management or control of the premises commits an offence. We now in Scotland will need to exhibit a statutory sign at every "enclosed place of work" that, in my humble opinion is, at best unnecessary and stating the obvious and at worst, pre-empting the onset of a lot of junk mail-shots, while current ethos has been moving away from such palliative measures. Lets hope those who can advise the Welsh and English Law makers of a slightly better written and workable statute that represents our current workplace management. Unless of course one has a sideline in sign printing and can influence legislation. As Calum sais earlier, the content is a nonsense.
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Posted By J Knight
Hi Lawrence,
So, let me get this straight; even though every workplace in Scotland (with a few exceptions) will be no smoking they will all have to have a sign saying this? How very bizzare. Do they also display signs prohibiting, e.g. murder and gratuitous nudity? I too cast my vote in the 'nonsense' camp,
John
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Posted By lawrence baldwin
Hi John
must be ok, but only if there's not only isn't a sign saying so but also identifying it as an offence to do so.
A tad ill thought out and even harder to administer, (some may say a bit like our wonderful executive itself perhaps) unless of course one has a pinting business.
Lawrence
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Posted By John Webster
Jackw, my understanding of the 50% rule is that the enclosed area must have a roof, and that 50% of the sides under the roof must be enclosed. Therefore a shelter, or indeed a stadium, with a roof, back and 2 sides will be deemed to be enclosed, so no smoking, but if for example the sides have a big gap at the top and bottom, or taper from top to bottom then the 50% may not be exceeded and smoking will be permissible. Then you can have a totally enclosed lean-to, with a sloping roof from the ground. As this only has walls on three sides will an open doorway bring it below the 50% criterion! What part of a dome is roof and what part is wall, if any? This one is going to employ a good few surveyors, and lead to a lot of extra holes being cut in existing walls!
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Posted By John Webster
The really daft bit about the signage is that it now becomes a legal requirement to display approved style no smoking signs on premises that are already no smoking. Im afraid that all non-smoking premises holders will be considered to be irresponsible law flouters who will suddenly allow people to have a crafty drag on their premises and so must inform the remaining law abiding patrons of how to rat on said premises holder (the enforcers are hardly going to get round in time to catch the smoker at it, are they?). As the proprietor of a non-smoking guest house, where intending guests are fully aware of our policy before booking, I have no intention of cluttering up our tasteful decor with unnecessary and insulting official signs.
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