One in Four Employers Unclear Over 2007 Smoking Ban Rules

New research reveals widespread confusion among employers over next summer’s smoking ban in England, which could catch out almost one in four companies, according to Croner.

The 2007 Health Bill will completely ban smoking in the vast majority of public spaces and workplaces, including outlawing the provision of smoking areas at work.

However, the confusion occurred when 72% claimed their organisation is already compliant with the forthcoming law, yet almost half (48%) say they currently do provide smoking areas for employees. This leaves at least 24% of employers believing they are compliant, when in actual fact they are not.

More encouraging is a massive 95% of the 159 senior HR professionals polled who said they are at least aware of the new law, even if many appear to be muddled by its requirements.

Trevor Davies, health & safety expert at Croner says: “The findings point to a clear misunderstanding among a worrying number of employers over what a complete ban actually means. With just under half saying they enforce a complete ban yet still provide smoking areas, it’s impossible that 72 percent asked in the same survey could be meeting the requirements of next year’s Health Bill."

Currently there is no specific legal requirement to ban or restrict smoking in the workplace. However, smoking is prohibited under some industry-specific legislation for safety reasons. There is also an implied duty to control passive smoking at work under the Health and Safety at Work, etc Act 1974.

The new legislation to ban smoking will cover all public spaces and workplaces, only with very limited exceptions notably; private homes, residential care homes, hotel rooms, prisons and hospitals.

Davies continues: “Changing and implementing a smoking policy takes time in terms of devising it, making employees aware of it, and training people to enforce it. Due to the apparent confusion highlighted by our survey, even though there is no current legal requirement to do so, we are advising our clients to make sure they are aware of their requirements under the new law and start making changes now to help make the transition to ‘smoke free’ as easy and smooth as possible.”

“We’re really encouraged that nearly all employers surveyed appear to be at least aware of imminent changes in smoking law, but we’re acting now to clarify these changes to help avoid further confusion so that employers can avoid being caught out, and help improve the health of their employees.”

Any employer unsure over their requirements under the new legislation, or if their organisation is exempt should seek professional advice.

Croner’s Top Tips for Creating a Smoke-Free Workplace

1. When devising a policy on smoking at work give priority to the needs of non-smokers who do not wish to breathe tobacco smoke, if the ban is not justifiable on safety grounds.

2. Changes to the smoking policy must be implemented in consultation with employees.

3. Make sure the transition period is adequate. The transition period between the policy being advertised and the date of its actual implementation is commonly about three months, but this can vary depending on the organisation and employees.

4. Offer support to those employees who wish to give up smoking.