Smoking

The anti-smoking legislation which came into effect from 1st July 2007 in England and Wales applies to work vehicles (including company cars), as well as other workplaces.

Those Affected

All company vehicles are affected by the legislation if they are used by more than one person. In effect, pool cars or vans that are used by a number of employees will be required to be smoke-free.

If a car is provided to an employee for work purposes and is solely for that employee’s own use, and the employee does not transport others it would not be covered by the legislation.

However, if the employee uses the vehicle to transport clients or colleagues, even if only occasionally, then the vehicle will have to be smoke-free as it will be considered a work vehicle. This is meant to protect people who use the vehicle from second-hand smoke, regardless of when they use the vehicle.

Consequently, in the majority of cases, company cars and vans will need to display the appropriate signage.

The Penalties

The authorities are likely to take the ban seriously and employers that fail to comply with the law can expect the following penalties:

For smoking in smoke-free premises or vehicles, a fixed penalty notice of £50, fine of up to £200
For failing to display no smoking signs in smoke-free premises and vehicles as required under the legislation; fixed penalty notice of £200, fine of up to £1,000
For failing to prevent smoking in smoke-free premises or vehicles; fine up to £2,500

Company Policy

Under current legislation, employers, managers and those in charge of smoke-free premises and vehicles will need to:

If not already in place, it is essential for employers to introduce a smoke-free policy. This should be implemented following consultation with the workforce and should comply with current legislation
Generate awareness of the law and company policy to employees via posters, emails and via the existing management
Update staff and drivers handbook and ensure all staff sign for a copy
Give notice of when the policy came into force
Ensure offenders are treated consistently
Make it clear of the consequences of failing to comply with the policy
Display no smoking signs in all company vehicles
Provide staff with support to quit smoking
Ensure staff are aware of where they can smoke if they want to
Identify areas where smoking will constitute an offence and display ‘no smoking signage’
Take reasonable steps to ensure that staff, customers and visitors are aware that premises and vehicles are legally required to be smoke free and ensure that no one smokes in smoke free premises or vehicles
The above points also cover e-cigarettes

What are the health risks?

Smoking is one of the biggest causes of death and illness in the UK.

Every year around 78,000 people in the UK, die from smoking, with many more living with debilitating smoke-related illnesses.

Smoking increases your risk of developing more than 50 serious health conditions.

Some may be fatal, and others can cause irreversible long-term damage to your health.

You can become ill:

if you smoke yourself
if people around you smoke

Smoking causes around 7 out of every 10 cases of lung cancer (70%).

It also causes cancer in many other parts of the body, including the:

mouth
throat
voice box (larynx)
oesophagus (the tube between your mouth and stomach)
bladder
bowel
cervix
kidney
liver
stomach
pancreas

Smoking damages your heart and your blood circulation, increasing your risk of developing conditions such as:

Smoking also damages your lungs, leading to conditions such as:

chronic obstructive pulmonary disease (COPD), which incorporates bronchitis and emphysema
pneumonia

Smoking can also worsen or prolong the symptoms of respiratory conditions such as asthma, or respiratory tract infections such as the common cold.

In men, smoking can cause impotence because it limits the blood supply to the penis.

It can also reduce the fertility of both men and women.

Health risks of passive smoking

Second-hand smoke comes from the tip of a lit cigarette and the smoke that the smoker breathes out.

Breathing in second-hand smoke, also known as passive smoking, increases your risk of getting the same health conditions as smokers.

For example, if you have never smoked but you have a spouse who smokes, your risk of developing lung cancer increases by about a quarter.

Babies and children are particularly vulnerable to the effects of second-hand smoke.

A child who is exposed to passive smoke is at increased risk of developing chest infections, meningitis, a persistent cough, and, if they have asthma, their symptoms will get worse.

They are also at increased risk of cot de a th and an ear infection A child who is exposed to passive smoke is at increased risk of developing chest called glue ear.

Medical Conditions