No Smoking Day in the United Kingdom will fall on Wednesday March 9th, 2022. Its purpose is to make you aware about the negative effect on your health from smoking and the benefits of stopping the addiction to nicotine. The message is clear it is never too late to quit smoking.
The Health Act 2006
In 2007 the United Kingdom introduced the smoking ban in public and enclosed areas. It imposed on the employer the duty to enforce a ban on workplace smoking within the enclosed areas of the business premises. Employers who do not uphold the law can face financial penalties. The Health Act 2006 also bans smoking in company vehicles and public transport.
The law requires the that the employer undertake certain assertive actions. These actions include displaying no smoking signs in the work premises and company vehicles. To ensure that employees and visitors comply with the non-smoking rule in the premises and the company vehicles.
Smoking is the lighting of a substance that can be smoked. This will include tobacco and drugs. The use of smoking devices is prohibited. Such devices include tobacco pipes. Electronic vaping cigarettes are not covered by the legislation as they don’t use a substance which is incinerated.
Non-Smoking Policy
Employers should provide policy guidance to employees by adopting a non-smoking policy. Such a policy must be accessible by all the employees. A smoke free policy will protect the employees by safeguarding them from passive smoke inhalation. Employers should support workers who wish to give up the smoking habit. Employees should be directed to a health professional such as their own GP who will be able to help the employee.
There is no obligation to provide employees with smoking break and if they wish to do so they should smoke on their allocated breaks. All employees are entitled to 20-minute break if they work more than a consecutive 6-hour period. Employers and employees can of course contractually agree smoking breaks if they so wish. There is no obligation to provide a smoking shelter for staff.
Employee handbook
To manage smoking in the workplace employers are advised to have a clear policy in their handbook. The policy should state when and where employees can smoke. It should also state the sanctions the employee will face for not following the smoking policy.
Quest has an HR team which help you draft a clear and effective policy and assist you to address employee misconduct. Our health and safety advisors can advise you about health and safety in connection with smoking in the workplace.
Should you require help please ring our advice line for further advice and information 01455 852028.
