From 1 July the ban on smoking in
public places in England comes into effect to
protect everyone from the harmful
effects of second hand smoke but
how will this affect you as an employer?
The actual laws:
The Health Act 2006 sets out that ALL premises that are open to the public, or are used as a place of work (by more than one person or where members of the public might attend to receive or provide goods and services) are to be smoke-free in areas that are enclosed or substantially enclosed.
The laws decoded:
- Enclosed:
- If your premises have a ceiling or roof and, except for doors, windows and passageways, are wholly enclosed, whether permanently or on a temporary basis, the law applies to you.
- Substantially enclosed:
- If your premises have a ceiling or roof, but there are permanent openings in the walls which are less than half of the total areas of wall, then the law applies to you.
- Tip:
- When determining the area of an opening, openings which can be opened and shut like windows and doors do NOT count.
The Health Act 2006 also includes powers to make non-enclosed places smoke-free if there is a significant risk that, without designation, persons present would be exposed to significant quantities of smoke. However at present, the Government does not intend to make any non-enclosed space free.
For further information you can register with www.smokefreeengland.co.uk for regular legislation updates.
