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Posted By clare coles
Hi
At our warehouse we have four smokers and many visiting drivers.
Our next door warehouse have their own smoking shelter and have said our staff are more than welcome to use this. However as H&S Officer for the company, I don't really want my staff walking around the yard with the amount of vehicles that come through the yard etc.
It would be easier for us to say that this site is a "No Smoking" site, but I cannot find the actual legislation that says - yes - you can make your site "No Smoking".
I have been on the Smokefree website, and whilst this has been very helpful, it says things like........ "you may wish to ......" I want to see it in black and white!
Thanks
Clare
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Posted By Merv Newman
Clare,
either you provide your own "insubstantially (I've just invented that word) enclosed" smoking shelter, or you ban smoking entirely even in the yard. (which you have always been able to do) or you provide safe(r) access to the neighbouring site.
Actually, I don't think you HAVE to provide any kind of shelter.
Let them get all soggy and their fags difficult to light.
Just ban it from the front gates.
Merv (declared pipe smoker) (but no elbow patches) (yet)
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Posted By lamd Hi Clare, I don't know of any legislation that says that open spaces should be no smoking, but there is nothing preventing management from implementing a no smoking policy throughout the site. Guidance on how to do this is on the Smokefreeengland website - www.smokefreeengland.co.uk
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Posted By Tracey C
Hi Clare
If you want something in print have a look at the legislation The Health Act 2006. You can get it from a search engine it is however 96 pages long. I have a lot of info on this as i had to put something together for our Scottish sites last year. Give me a call direct if you want some help. 0161 909 3462.
T
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Posted By Clarke Kent the 2nd
Its been possible to make your site a 'No Smoking' site since time began. Your site, Your Rules.
I think every business premises should be completely no smoking, takes up far to much time going for 'Fag breaks' for 10 minutes at a time, and if your unfortunate enough to have to desk share or even sit near one of these smelly characters that still smokes then its most unpleasant.
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Posted By clare coles
Hi
Thanks to all who have replied.
So - IF I do ban smoking completely and I receive complaints from my staff, can I quote something from the new legislation saying that premises can be completely non-smoking?
I know our Chairman etc can ban it if he wants to, but I thought with this new legislation there was something in print???
Thank you
Clare
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Posted By Clarke Kent the 2nd
The only thing in print so to speak, would be to carry out a risk assessment which resulted in smoking being so hazardous to operations on site that it had to be banned...like having explosive atmospheres etc....which is unlikely. in your case.
Just get it banned entirely, Then you will never have to waste all this time thinking about it ever again.
Job Done.
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Posted By Tracey C
Hi Clare
I have a pack from Birmingham City Council that they sent me that states from 1st July 2007 you will be breaking the law if you smoke on your premises or in your work vehicles, if you allow smoking on your premises, if you do not display appropaite no smoking signs. They sent me a model no smoking policy, model letters to staff and trade unions and sample signs and media release.
Happy to let you have a copy if you like.
T
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Posted By Jonathan Breeze
Quick answer - No, not outside the building.
But it's far more complex than that...
The regs in all their forms only relate to inside premises (where the word "premises" means the word "building") or to "substantially enclosed spaces" (more easily described as "a roof with more than two walls" - but again, in reality it's more complex than that).
That is why smoking outside the building (or premises), but otherwise on the site would need to be covered by your own organisational policies as others have stated.
I hope that this helps you and doesn't muddy the water.
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Posted By Dave Dowan
Hi Clare
The reason you cannot find anything is that the legislation does not ban smoking in the open air.
If you or your directors decide to ban smoking altogether on site then that is a company decision
Dave
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Posted By Martin C
If there is a risk from vehicle movements in the open areas then a risk assessment should be carried out. If risk assessments show control measures are needed then implement them. If this means banning unnecessary access to the open areas then do it on safety grounds. If a consequence is that smokers cannot go outside to smoke then that is their hard luck. Maybe everyone going outside during work time should wear high visibility clothing as well. Is there sufficient lighting? Can people and vehicles be segregated? Is there a cost to cleaning up after smokers?
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Posted By Merv Newman
please go back to my original posting on this thread.
A company can introduce virtually any H&S policy or any other internal rules that it wishes. "Eating onion and garlic sandwiches within 50 meters of the Md's office will be sanctioned by instant dismissal" is probably a legal rule. And quite understandable.
If, getting back to the subject, this means that employees on company time cannot smoke anywhere on the premises then so be it. It's allowed.
The current legislation only bans smoking within the work area. And in substantially enclosed spaces. But you can go as far as you like. You may but you do not HAVE to provide "insubstantially enclosed spaces" for smokers. Let 'em get all soggy and hard to light.
And occasionally take the opportunity to send a truck driver back without being unloaded because he/she was smoking in the cab. Letter/phone call to the transport company explaining reasons, of course. You don't actually have to communicate your safety rules to the transport company. Just make sure that they are clearly posted/communicated at the site entrance.
Merv
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Posted By J Knight
Hi Clarie,
Merv is dead right; it must be eight years or more ago now that I attended a seminar where an HR person from a London borough (can't remember what it was called but it has the QE Bridge in it) explained how they had banned smoking throughout their premises. Any employer has been able to ban smoking on their premises whenever they want, and if your employees try and take you to tribunal for stopping them from smoking they will lose, as has happened on several occasions, including Appeal Tribunals which do set precedent,
John
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