No smoke without fire?

New rules on smoking will have a big impact on the workplace.

Employers should be acting now to ensure that they are ready for the new smoking regulations due to come into force in the summer. That’s the opinion of Sikin Andela, specialist employment lawyer with Glovers Solicitors. Although many employers may already have some sort of smoking policy in place,changes will need to be made to those existing policies as from July 1 all enclosed or substantially enclosed public places and workplaces must be smoke free. Anyone wishing to smoke will have to do so outside the work premises which raises obvious issues of both company image and litter.

Employers will also have to display statutory no smoking allowed  signs and can be fined up to up to £1000 by environmental helath officers for not doing so. If an employer fails to prevent smoking in a smoke free place, they risk a fine of up to £2500.

While the legislation does not apply until July, says Ms Andela  It would make sense for any employers who do not have a non  smoking policy to adopt a consultative approach in order to ease employees into a non smoking environment before the legislation take effect. Glovers advises the following: Set up a task group consisting of representatives of management, smokers, non smokers and union reps where appropriate. Raise the issue with employees and provide information on  the dangers of smoking and second hand smoke. Employers should also consider offering smoking emoployees help in giving up. Consult with employees about how the policy should be implemented.

The policy should contain:

• Reasons for the policy.
• A statement that it complies with all the relevant legislation.
• A statement that the policy applies to all workers of all levels.
• The names of those responsible for implementing and monitoring the policy.
• Information about the arrangements for smokers.
• How the company will deal with non-observance of the no-smoking policy.
• A statement that the policy applies to all visitors and customers.

Implement and monitor the policy by providing all employees with a copy and agree a date for implementation:

• Give at least 3 months notice.
• Copies of the policy should be displayed through out the workplace and all new employees should be given a copy.
• The policy should be incorporated into the Employee Manual.