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Smokefree rules in enclosed public places and workplaces

Get your "free" Smokefree signs and workplace policy by clicking onto http://www.apersonnelsolution.co.uk/General.htm

Smokefee rules are relevant to All business owners, managers and employers in England

Takes effect on
1 July 2007

Please note that in Scotland smoking has been banned in virtually all enclosed public places and workplaces since March 2006. The smoking ban in Wales took effect from 2 April 2007 and in Northern Ireland on 30 April.

From 1 July 2007 new laws will require virtually all enclosed public places and workplaces, and public and certain work vehicles in England to be smokefree.

If you manage or control smokefree premises or vehicles, you will have legal responsibilities to prevent people from smoking in them. The law will apply to all types of smoking, including smoking of:

manufactured cigarettes
hand-rolled cigarettes
pipes;
cigars;
waterpipes used for smoking tobacco
herbal cigarettes

What do I do checklist

Employers, managers and those in charge of smokefree premises and vehicles will need to:

display 'no-smoking' signs in smokefree premises and vehicles
take reasonable steps to ensure that staff, customers/members and visitors are aware that premises and vehicles are legally required to be smokefree
remove any existing indoor smoking rooms
ensure that no one smokes in smokefree premises or vehicles

You may also want to take these supportive measures:

remove ashtrays from smokefree areas
develop a smokefree policy in consultation with staff
offer staff training to help them understand the new law and what their responsibilities are
provide your staff and customers with support to quit smoking

Which places must be smokefree?

Smokefree premises

The new smokefree law will apply to virtually all 'enclosed' and 'substantially enclosed' public places and workplaces. This includes both permanent structures and temporary ones such as tents and marquees. This also means that indoor smoking rooms in public places and workplaces will no longer be allowed.

Premises will be considered 'enclosed' if they have a ceiling or roof and (except for doors, windows or passageways) are wholly enclosed either on a permanent or temporary basis.

Premises will be considered 'substantially enclosed' if they have a ceiling or roof, but have an opening in the walls, which is less than half the total area of the walls. The area of the opening does not include doors, windows or any other fittings that can be opened or shut.

If you require further guidance on whether your premises are 'enclosed' or 'substantially enclosed' please contact your local council.

Smokefree vehicles

The new law will also require vehicles to be smokefree at all times if they are used:

to transport members of the public
in the course of paid or voluntary work by more than one person - regardless of whetherthey are in the vehicle at the same time

Vehicles that are used primarily for private purposes will not be required to be smokefree.

What signage do I have to display?

The new law will require no-smoking signs to be displayed in all smokefree premises and vehicles. Signs will make it clear which premises and vehicles are smokefree and demonstrate that you are taking the necessary steps to meet the requirements of the new law.

Required signage for smokefree premises

No-smoking signs will need to be displayed in a prominent position at every public entrance to smokefree premises. These must meet the following minimum requirements:

be a minimum of A5 in area (210mm x 148mm)
display the international no-smoking symbol, which consists solely of a graphic representation of;a single burning cigarette enclosed in a red circle of at least 70mm in diameter with a red bar across it
carry the following words in characters that can be easily read: 'No smoking. It is against the law to smoke in these premises'

A smaller sign consisting of the international no-smoking symbol at least 70mm in diameter may instead be displayed at entrances to smokefree premises that are:

only used by members of staff, providing the premises displays at least one A5 area sign, or
located within larger smokefree premises, such as a shop within an indoor shopping centre.
Required signage for smokefree vehicles

Smokefree vehicles will need to display a no-smoking sign in each compartment of the vehicle in which people can be carried. This must show the international no-smoking symbol at least 70mm in diameter.

Signs can be downloaded and printed or ordered from this website by clicking onto http://www.apersonnelsolution.co.uk/General.htm. Alternatively, you are welcome to design and print your own no-smoking signs as long as they meet the minimum requirements. You are also free to personalise your signs by changing the words 'these premises' to refer to the name or type of premises - such as 'this gym', 'this salon' or 'this restaurant'.

How do I develop a smokefree policy?

To ensure employees are aware of smokefree legislation and changes to your workplace you may wish to consider developing a written smokefree policy for your workplace.

Effective smokefree policies:

are concise and simple to understand;
explain the reasons for the policy;
acknowledge the right of employees to work in a smokefree environment;
make reference to the relevant smokefree legislation;
states that the policy applies to workers at all levels as well as to visitors and customers;
identify where smoking is/is not permitted;
are concise and simple to understand;
identify the members of management and staff who have responsibility for the implementation of the policy;
state how the organisation will deal with non-compliance;
provide information on how to obtain help to quit smoking;
include a consultation with members of staff;
are communicated to all members of staff (including new employees before they start work).

A Smoke;policy is available from this site , under General Section or go direct now by clicking onto http://www.apersonnelsolution.co.uk/General.htm

What about a smoking shelter?

There is no requirement to provide smoking shelters. It is common for health-focused employers not to spend money creating places for smokers to congregate. If you do have an outside smoking shelter or area, you will need to be sure that it is not 'enclosed' or 'substantially enclosed' as defined by the new law.

How can I support my staff and customers who wish to stop smoking?

Around 70% of smokers say they want to stop smoking, and the new smokefree law could provide extra motivation to do so. If you'd like to help your staff and customers to become non-smokers, the NHS offers excellent free support including the local NHS Stop Smoking Services and the Together programme. Employers can speak to their local NHS Stop Smoking Services about support for their employees during or outside working hours.

For more details and advice on stopping smoking:

call the NHS Smoking Helpline on 0800 169 0 169

How will the law be enforced?

Local councils will be responsible for enforcing the new law in England. In the run-up to 1 July, they will work closely with businesses to help ensure everyone understands what they need to do to comply with the new law.

MATERNITY Rights (April 2007)

Maternity entitlements and responsibilities: a guide - babies due on or after 1 April 2007

This guidance covers the legislation around working during pregnancy, maternity leave, maternity pay, and return to work. The rules which have changed are:

all employed women are entitled to additional maternity leave (52 weeks in total)

the payment period for statutory maternity pay and maternity allowance has been extended to 39 weeks

the notice a woman must give if she is changing her date of return from maternity leave has been increased from 28 days to 8 weeks

optional "keeping in touch days" have been introduced enabling a woman to work for up to 10 days during her maternity leave period we have clarified that all women have a right to return to work after maternity leave regardless of the size of the employer

ADOPTION Rights (April 2007)

Eligible employees who are adopting are entitled to 52 weeks adoption leave. This is made up of 26 weeks ordinary adoption leave (OAL) and 26 weeks additional adoption leave (AAL).

Employees who are adopting who meet qualifying conditions based on their length of service and average earnings are entitled to 39 weeks

Statutory Adoption Pay (SAP), which is paid by their employers and mostly or completely refunded by the Government.

If a couple is jointly adopting the other member of the couple may be eligible for two weeks statutory paternity leave and pay.

Where an individual is adopting his or her partner may also be eligible for paternity leave and pay.

Employers may make reasonable contact with an employee on adoption leave for a number of reasons, such as to discuss arrangements for their return to work.

Employees may undertake up to ten "Keeping in Touch Days" during their adoption leave allowing work under their contract of employment by agreement with the employer. Employees who wish to return to work from adoption leave either earlier or later than agreed with the employer should provide eight weeks notice, unless the employer agrees to less notice being given.

Employees have a right to return to the same job after adoption leave. There may be some exceptions to this if the employee takes more than 26 weeks adoption leave and if it is not reasonably practicable for the employer to hold the job open, but the employee must still be offered a job that is suitable, and the terms and conditions must be no less favourable.

FLEXIBLE WORKING Changes with effect from April 2007

Changes:

Changes to the legislation on the right to request flexible working which came into effect on 6 April 2007. The principal change is that the right to request flexible working has been extended, through new powers in the Work and Families Act 2006, to employees who are carers of certain adults.

Relevant Care:

Carers

Patterns of care-giving will vary considerably from individual to individual, both in the nature and the extent of the care given. The sort of care-giving activities that carers of adults who request flexible working are likely to be involved in to a greater or lesser extent include:

help with personal care (e.g. dressing, bathing, toileting);

help with mobility (e.g. walking, getting in and out of bed);
nursing tasks (e.g. daily blood checking; changing dressings);
giving/supervising medicines;
escorting to appointments (e.g. General Practitioner (GP), hospital, chiropodist;
supervision of the person being looked after;
emotional support;
keeping the care recipient company;
practical household tasks (e.g. preparing meals, doing shopping, domestic labour);
help with financial matters or paperwork.

This is not an exhaustive list. Some activities feature more prominently for some groups of carers than others. Carers of older people, for example, may need to ensure proper eating, while carers of people with mental health problems may need to order and supervise medication. Carers of people who have mental problems and who are in paid work may also need to help the person they care for with routine tasks such as getting to work.