Smoking at Work Banned in 1997
Smoking at work will be banned in Wales from 2 April this year and in England & Northern Ireland from 1 July. From those dates onwards, it will be an offence to smoke or to permit smoking in enclosed public spaces and workplaces, including most vehicles used for work. Unlike in Scotland, cars will be covered by the ban as well as vans, HGVs and public transport vehicles.
"Smokefree" vehicles
The law will require any vehicle that is used by more than one person in the course of paid or voluntary work to be "smokefree." Smokefree vehicles will have to display no smoking signs in the passenger compartment. It will be illegal to smoke in them at any time – not just when there is more than one person in the vehicle. Work vehicles do not have to be smokefree if they are exclusively used by a single driver who never carries passengers in the course of paid or voluntary work. If you manage or operate smokefree vehicles, you will have a legal responsibility to ensure that the required
no-smoking signs are in place. It will be the legal responsibility of anyone who drives, manages or is responsible for safety on a vehicle to prevent people from smoking in it.
Exempt vehicles
Privately owned vehicles will not have to be smokefree – unless they are regularly used to carry passengers on work trips or if business use exceeds private mileage. Drivers can smoke in company-owned or private convertibles, providing that the roof is fully folded down and stowed.
Vehicle policy
The smoking ban regulations state that vehicles must be smokefree at all times if they are used in the course of paid or voluntary work by more than one person, even if those people use the vehicle at different times, or only intermittently. Arval recommends applying a firm no-smoking policy to all company vehicles, covering all users including private as well as business use. This will remove any doubt about compliance with the workplace smoking law, as well as saving vehicle interiors from burns and smoke damage.
Enforcing the law and penalties
Local councils will enforce the new law and will have the power to appoint enforcement officers, such as environmental health officers, trading standards or local community support officers. They will offer information and support to help businesses meet their legal obligations. Drivers or passengers who ignore the smokefree rules will be liable to a fixed penalty of £50. This will be discounted to £30 if the fine is paid within 15 days. If taken to court a maximum fine of £1000 could be applied. Companies should make sure that their employees know that they will be liable for a fine if they are caught smoking in a designated smoke free vehicle.
About the Author:Arval specialises in fuel cards and contract hire.
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