Rank: Forum user 
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Hi I'm probably thinking about this too much but am currently reviewing some of our H&S policies and have a quick question on smoking and car sharing. All of our staff drive private vehicles (no company cars) so am I right in assuming it would be up to the individual to decide whether to car share with a smoker on a commute to / from a workplace and they won't be subject to smoking in vehicles legislation unless the passenger is under 18. This isn't driving between workplaces but if they got a lift into work to save parking fees etc...
Thanks
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Rank: Super forum user 
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Very much over thinking.
If they are not company vehicles over which you can exert control and the vehicle is not being driven for work purposes as "grey" fleet then your health and safety policies have nothing to do with what happens during a car share journey. It would be down the the vehicles owner (presumed driver) and those accepting the lift to agree if smoking / vaping could happen during the journey.
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Rank: Super forum user
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Very much over thinking.
If they are not company vehicles over which you can exert control and the vehicle is not being driven for work purposes as "grey" fleet then your health and safety policies have nothing to do with what happens during a car share journey. It would be down the the vehicles owner (presumed driver) and those accepting the lift to agree if smoking / vaping could happen during the journey.
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Rank: Super forum user
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Hi Melrose In principle I agree with Roundtuit entirely though some employers (particularly the ones who preach that their employees should take Safety home with them) will try to create policies to dictate what their staff do OUTSIDE the course of their employment. However, are you sure that you are describing a car share that is entirely "commuting"? Suppose driver A lives in Worcester and passenger B lives nearby. Both are based in Birmingham so roughly to the East, but the job is in Bristol so roughly to the West. In such circumstances the "journey to work" is almost certainly "in the course of their employment" and NOT a commute. It gets more difficult if the job is in Leicester. Then part of the journey - to Birmingham or some point North or South of Brum would be "commute" and part "at work". The best test is probably what the driver can legally claim to be business mileage.
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 1 user thanked peter gotch for this useful post.
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