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Substantially enclosed areas - smoke free legislation
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Posted By insafehands
Hi,
Our workplace entrance (which is also shared with an other organisation) has a covered entrance with walls on 3 sides and one side open to the pavement with a roof (the underside of the first floor above our offices). At the back of this area is the entrance door to our offices. Is this area a substantially enclosed area (it seems to be) and thus smoking is not permitted?
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Posted By NJS
To my knowledge, if a structure is enclosed on 3 or more sides it is classed as substantialy enclosed, so yes, no smoking allowed.
many organisations get around the regs by not fully enclosing the three sides, e.g.
construct some of the sides out of a lattice material, therefore not enclosed.
construct the sides out of glazing but not full heigh, leave a gap at the top or bottom ( like a bus shelter) not fully enclosed
have a gate ass opposed to a door, not fully enclosed.
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Posted By Charles Robinson Tech IOSH
Any area that has sides of more than 50% in area closed is substantially enclosed, on a square box that would no less than two sides open you can include gaps windows etc. in the calculation but the total area must be 50% or over open to be acceptable as a smoking shelter
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Posted By Roger
As this forms part of the entrance to the building, smoking should be prohibited there any way, IMO.
Roger
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Posted By Ron Hunter
A bit like the entrance to any pub or restaurant then, where we have to run the "smoker's gauntlet" - particularly when it's raining or chilly out?
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Posted By Andy Barr
Suggest you contact your Local Authority - usually the EHO and ask them. Sounds like it is substantially enclosed to me from what you describe. If thinking of providing a 'smoking shelter' be wary of doors, windows, gates etc as even if they are openable they will be counted as closed when working out available open area. Likewise with lattice type structures, the openable gaps will be counted as open but the solid parts of the structure will count towards the amount enclosed. Check with the Planning Dept to see if permission is needed and try to locate it not too near doors or windows. Also why not see if your local Stop Smoking Service can provide support to staff who want to quit - they will sometimes come into workplaces if there are sufficient numbers
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Substantially enclosed areas - smoke free legislation
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