A law requiring smokefree environments in all workplaces, including vehicles used for public transport, came into effect 1 July 2007. The legislation ensures that:
- All workers are protected from the risks to health from tobacco smoke and are guaranteed their right to work in a smokefree environment.
- All members of the public have access to public transport that is smoke-free, regardless of when or where they use it in England.
Are taxis/mini cabs covered by the legislation?
The legislation covers all taxi and mini cabs. Any commercial vehicle carrying members of the public will be required to be smokefree at all times.
Can a taxi/mini cab driver smoke in their vehicles if they don't have any passengers?
No. The legislation requires all vehicles used for public transport to be smokefree at all times. 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.
Can a taxi/mini cab driver smoke in their vehicles when off duty?
If a vehicle is used as a taxi/mini cab it must be smokefree at all times.
What will the legislation mean in practice?
- Ensure all commercial vehicles used to transport members of the public are smokefree
- Display 'no-smoking' signs in a prominent position in all vehicles. Signage is available free from the Department of Health, or your Local Authority Register for free signage and guidance at www.smokefreeengland.co.uk. If vehicles are already displaying 'no smoking' signs, they will not need to replace them with new ones.
- Take reasonable steps to ensure that employees and customers are aware that vehicles used for public transport are legally required to be smokefree.
Does the office need to be smokefree?
Yes 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. The office will be covered by the legislation. This means that employers will need to:
- Ensure that the office premises are smokefree at all times
- Display the mandatory A5 'no smoking' signage at least at one entrance to the premises. All other entrances need only carry a sign similar to that for vehicles used for public transport, e.g. carrying the international red 'No smoking' sign. See guidance on signage at www.smokefreeengland.co.uk.
- Take reasonable steps to ensure that staff and customers visiting the office are aware that the premises are legally required to be smokefree.
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?
- Failure to display minimum no smoking signs: up to £1000 or £200 fixed penalty notice
- Smoking in a no-smoking place: up to £200 or a penalty notice of £50
- 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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