"Clearing the fog around smoking ban"  - March 11th 2007

Like it or not, smoking will be banned in all public indoor spaces in the UK on 1^st July 2007. This affects all workplaces including Vehicle repair workshops and means that no person (even Directors - Owners or self-employed) can smoke inside any enclosed workplace. The Legislation banning workplace smoking throughout the UK involves five sets of regulations covering premises, vehicles, signs, enforcement and penalties under the Health Act 2006.

Breach of the ban is a criminal offence punishable by a fine for employers of upto £2,500, and £200 for employees. Local authorities are gearing up to provide "smoking police" to check on compliance and the DTI is planning to require employers to clean up cigarette butts left outside their premises. This alone will focus employers' minds more on smoking than they have been hitherto on drink and drugs.

Smoking should be easier for employers to deal with than drink or drugs. It will not involve testing, which has to be restricted to employees whose work would be affected by drink or drugs.

Employer's liability for employees smoking at work seems draconian, but there is a defence. The employer must show it has taken reasonable steps to stop it, or that it did not know, and could not reasonably have known, it was taking place. This requires at least a policy, publicity, training, a tie-in to disciplinary procedures and monitoring.

Clearly both smoking at work and defacing or removing "no smoking" signs will need to be incorporated into the disciplinary procedure and be a dismissible offence.

Advice and training will be essential to deal with difficult problems thrown up by the legislation, such as smoking outside premises, or in cars which may be used for work by more than one person

Employers can deal with the smoking ban under existing policies on drink and drugs at work, provided the tie-in to disciplinary procedures is clear.  (Source: PM Online - 05 April 2007. Olga Aikin)

"New Guidance on the use of 2k paints in spraybooths"  - April 17th 2007

After consultation with Spraybooth Manufacturers and leading H & S Consultants, the HSE to bring out new guidance on using isocyanates in spraybooths.  'More soon'