Due to unprecedented response and calls for help we have decided to include another article on this topic giving our clients the up to date information and guidance we feel they need.

Why is England going to go smoke free?

Primarily the new law is being introduced to protect employees and the public from the harmful effects of secondhand smoke. Secondhand smoke is a serious health hazard and there is no safe level of exposure. Therefore every time someone
breathes in secondhand smoke they breathe in over 4,000 chemicals of which over 50 of these are known to cause cancer.

Medical evidence shows that exposure to secondhand smoke increases risk of serious conditions such as, lung cancer, heart disease, asthma attacks, sudden infant death syndrome (SIDS) and reduced lung function. Ventilation does not eliminate the risk, the only sure and effective way to protect people is to prevent secondhand smoke in the first place, hence the new law.

When will England become smokefree?

The law will come into place from Sunday 1st July 2007. From that date it will be against the law to smoke in virtually all enclosed public places, workplaces and public and work vehicles.

What do I need to do?

If you manage, or are in charge of any premises or vehicles, you have a legal responsibility to ensure they become, and of course remain smokefree.

How can I do this?

Firstly you can ensure all suitable signage is in place, these need to be A5 in area (210mm x 148mm), they must contain the international no-smoking symbol which must be at least 70mm in diameter, and carry the words "No smoking. It is against the law to smoke in these premises", you can personalise your signage by changing the words "these premises" to the name or type of premise you run i.e. "this gym" or "this salon".

A smaller sign, which again must carry the 70mm diameter international no-smoking symbol, may be displayed at entrances to smoke-free premises which are located within larger smokefree premises, such as a shop within an indoor shopping centre. Next, you must inform your staff, customers, members and visitors that your premises and work vehicles are now legally required to be smoke-free, remember to remove any existing indoor smoke rooms. As an employer you will have to demonstrate you have taken reasonable steps to meet the new requirements of the law, this may include removing ashtrays, introducing a smoke free policy (this could be added to your companies Health and Safety policy) and furthermore inform or train your staff to understand the new law and what their responsibilities are.

Does this law affect company Vehicles?

Yes, the new law will require vehicles to be smokefree at all times -

• If they are used to transport members of the public.
• If the vehicle is used in the course of paid or voluntary work by more than one person - regardless of whether they are in the vehicle at the same time.
• Smokefree vehicles will need to display a no-smoking sign in each compartment of the vehicle in which people are to be carried.

Are there any exemptions?

The new law will apply to all "enclosed and substantially enclosed public places and workplaces" see example of substantially enclosed and nonsubstantially enclosed below:

Further examples of exemptions are as follows:

Hotels, inns, guesthouses and members clubs that provide sleeping accommodation may designate individual guest rooms for smoking - all other parts must be smoke-free.
Care homes, hospices and prisons may designate individual bedrooms or rooms to be used only for smoking. Residential mental health units may designate individual rooms or bedrooms to be used only for smoking.
Off-shore installations may designate rooms for smoking.

Research and testing facilities may designate certain rooms for smoking, but only while rooms are being used for research or testing activities.

There are specific rules and regulations to be met for designated smoking rooms. You can supply an outdoor smoking shelter, although there is no requirement for you to do so, the shelter must comply to the non-substantial example.

Enforcement & Penalties

Local councils and Port Health Authorities will enforce the new law, they will have the power to appoint enforcement officers such as environmental health officers, trading standards or local community support
officers.