Posted By Edel Breslin Hi all I have been asked look at the issue re: non compliance with smoking ban and proposals to deal with the issues I have to look to best practice else where etc etc... - the only way I can see is to put in detectors and fine and disciplinary if caught? Any takers on how you all deal with it - Also proposals sought for dealing with the problem of large no.s people smoking around entrances/reception areas thanks a mil

Posted By Barry Cooper Sack em!

Posted By Glyn Atkinson No second chance - instant dismissal if caught ! Great deterrent ! Unfortunately you then have to adhere to your process and go through a dismissal process if needed to prove your intent !

Posted By Pete Longworth I tell you what, you don't half get a lot of sack them all merchants on here. Easy to say when you aren't the one having to deal with it. My first thoughts are, why aren't the departmental managers managing the situation. What about HR, this is an HR issue after all. What sort of facilities do the company provide for smokers, if any? Do they comply to the requirements? Was there a consultation process before the Health Act became law? Have people that have been found smoking been given any counselling etc? Look at all these areas before you think about disciplinary action and by the way forget about any fines, they would be illegal deductions I suspect. Finally remember you are dealing with people here so ask yourself if jumping into the "fire them all" response is appropriate.

Posted By water67. Hi Whilst I am not a hang and flog them merchant the law is clear on no smoking in the workplace. Seems to me also that you should remember that the onus on the employer to prevent smoking in the building is much stronger than on the individual smoker hence a much higher fine for the employer/owner. This is clearly a breach of company policy, rules etc. and as such must be dealt with by managers. It is also not an H&S issue but an HR one. I would pass the buck right back to them. Re the smokers there is no requirement to provide a place/area for smokers, although there is nothing to stop you doing this if you feel it will help. With regard to smokers "hanging" about in and around the entrance. We ( a large office block with customer contact at the front reception), do not allow staff to smoke at the front door area. They use an area at the rear. With regard to where your staff smoke the guidance is not prescriptive but clearly indicates that it should not be in an area that allows second hand smoke back into the building - via doors or windows. Seems to me you should also be considering the non smoker as in essence the law is really about protecting non smokers. What will you do if one of them contacts the enforcing authority and blows the whistle on you? I would. Re issue your policy, let them know that breaches will lead to disciplinary action, that they individually can be fined by the enforcing authority as well as the company. Offer advice on were they can attend smoking cessation classes if possible bring someone in to do this on your premises, say over lunch time or directly after work. If you can afford to, offer time off to attend these. Seems too that you really need to improve the discipline in your workplace. Few companies would allow this level of disregard of company policy, we certainly wouldn't. cheers

Posted By water67. Hi Tabs, the posting clearly states non compliance with the smoking ban.. thus reasonable! to assume it is a country with no smoking laws!!!

Posted By Tabs Thanks water67, but we had smoking bans long before the law changed. The penalties were very different, as was the approach to enforcement. The laws are very clear, but the posting isn't. Reasonable? Yes indeed, very - but not accurate. I was seeking clarification because of the differences :-)

Posted By Crim If smoking in the workplace is breaking the law why not call the police and let them deal with the guilty culprit? (Not quite as simple as that I know) I recently had a sub contractor smoking in his company vehicle during the lunch break, he was parked outside the site and inside his firm's van. Whose problem is this?

Posted By David Bannister Chris, the breaking of a company safety rule by an employee may well be a criminal breach of primary legislation (eg refusal to use PPE), just as smoking in a workplace is a criminal breach of the relevant Act. Clearly, not all countries have the same laws but for Ireland and UK I understand they are very similar. Both can be prosecuted by the relevant Authority and both are likely to be breaches of company rules, subject to disciplinary measures. Whatever our views on the rights and wrongs of smoking legislation it was passed in UK as a health measure - same as COSHH.

Posted By David Bannister Chris, I understand and agree.