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A law requiring smokefree environments in all workplaces, including work and company vehicles, comes into effect 1 July 2007. The legislation ensures that all workers are protected from the risks to health from tobacco smoke and are guaranteed the right to work in a smokefree environment. The regulations have yet to be approved by Parliament and so this guidance may change.
A word about Taxis
Because taxis are used to carry members of the public, must be smokefree and display appropriate signs at all times - including when the vehicle is being used for the drivers own private use. Click here for more information about smokefree Taxi's and Minicabs|.
Are work vehicles covered by the legislation?
Yes, the legislation requires all company and work vehicles e.g. delivery vans, lorries, heavy goods vehicles etc. used by more than one person to be smokefree. Only the part of the vehicle, which is enclosed or substantially enclosed, is required to be smokefree.
Can employees smoke in their own private cars?
The legislation does not extend to vehicles, including rental or leased ones, used primarily for private purposes. However, some companies have smoking policies, which stipulate that employees are not to smoke while on work business, but this is company policy and not a requirement of the legislation.
Do vehicles have to be smokefree even when only one person is in it?
If more than one person uses the vehicle, it has to be smokefree at all times regardless of whether they are in the vehicle at the same time. This is because tobacco smoke is absorbed into soft furnishings and stays around for weeks after a cigarette is stubbed out, releasing particles hazardous to health.
What will the legislation mean in practice?
It requires an employer to:
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Ensure all work and company vehicles used by more than one person are smokefree.
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Display 'No-smoking' signs in a prominent position in all such vehicles. The sign should carry the international red 'no smoking' symbol. Signage will be available free from the Department of Health. Register for free signage and guidance at www.smokefreeengland.co.uk.
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Take reasonable steps to ensure that employees are aware that vehicles used for public transport are legally required to be smokefree.
What about the work premises?
Any enclosed or substantially enclosed spaces has to be smokefree if it is used as a workplace by more than one person or if members of the public and employees who in the course of their work visit the premises. Substantially enclosed is defined as a structure with a ceiling or roof and openings in the walls are less than half the perimeter of the walls (doors and windows are not classed as “openings”). This is called the '50% rule'. For more detailed information click onto www.smokefreeengland.co.uk.
Employers will need to ensure that the work premises are smokefree at all times, and that at least one entrance to the premises displays the mandatory A5 'No smoking' signage. All other entrances need only carry a sign similar to that for vehicles used for public transport.
Are employers required to provide smoking breaks or smoking areas?
Employers must give staff an uninterrupted rest break of 20 minutes (paid or unpaid) when their daily working time is more than six hours. Staff can smoke during their unpaid rest period, but must not smoke in an enclosed or substantially enclosed area. If the break is paid it is for the employer to decide if the staff member is able to smoke.
There is no requirement in law for an employer to provide any smoking facilities for staff, visitors or customers
What are the penalties for non-compliance?
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Failure to display minimum no smoking signs: up to £1000 or £200 fixed penalty notice
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Smoking in a no-smoking place: up to £200 or a penalty notice of £50
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Failing to prevent smoking in a smokefree place: up to £2500.
Is any support available for people who want to stop smoking?
The NHS offers a wide range of excellent, free and easily accessible support for smokers. Gloucestershire Smoking Advice Service can be contacted on 08454 22 00 40
Last Updated: 01/08/07
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