Sign of the times
April 1st 2007

Smoke-free legislation is already in force in Scotland and Wales, with Northern Ireland and England shortly to follow suit. Legislation requires at least one 'no smoking' sign to be prominently displayed at each entrance to smoke-free premises. Ann Lowe, standards and legislation manager, Safetyshop, comments

Smoking is an activity we all think we know something about because we encounter it on a daily basis – not only in our workplaces but in our social lives. Whether it's the image of a smoky pub, a bus shelter surrounded by cigarette stubs or the memory of colleagues sloping off for their 10min 'ciggy break', we all have an opinion on the subject and we all know that it is not very good for you.

However, are you really aware of just how many people still smoke or just how bad for your health it is? Well, to answer the first part of the question, it is estimated that 25% of all adults (around 12 million people) still smoke, with 2 million employed in workplaces that allow smoking and 10 million working in companies that allow smoking somewhere on the premises, according to ASH and the Chartered Institute of Environmental Health.

The question of health implication is slightly more controversial. However, it is now generally acknowledged by experts that smoking is the greatest single cause of preventable illness and premature deaths in the UK, killing around 106 000 people annually. This figure is about five times higher than for road traffic accidents over the same period. If estimates are correct that second-hand smoke increases the risk of lung cancer by 24% and heart disease by 25% in adult non-smokers, then passive smoking is just as dangerous.

Smokers beware. Smoke-free legislation is either in force or shortly to be introduced. In the Republic of Ireland 'no smoking' legislation came into force in March 2004. In Scotland, The Smoking, Health and Social Care (Scotland) Act 2005 came into force on 26th March 2006. In Wales, The Smoke-Free Premises (Wales) Regulations came into force on 2nd April 2007 and, in Northern Ireland, The Smoking (Northern Ireland) Order 2006 will become law on 30th April 2007. In England, through a variety of different regulations, the date is set for 1st July 2007.

The objectives of the English law are to: Reduce the risk to health from exposure to second-hand smoke; Recognise a person's right to be protected from harm and to enjoy smoke-free air; Increase the benefits of smoke-free enclosed places and workplaces for people trying to give up smoking so that they can succeed in an environment where social pressures to smoke are reduced; Save thousands of lives over the next decade by reducing both exposure to hazardous second-hand smoke and overall smoking rates.

Although legislation in Wales, Scotland and Ireland has been independently drafted and each has slightly different requirements and penalties, the sentiments expressed are basically the same. There are four basic offences and penalties covered by the new laws: Display of No-Smoking Signs: At each entrance to smokefree premises there shall be displayed in a prominent position, at least one 'no smoking' sign.

Smoke-free vehicles used by more than one person, such as fork lift trucks or company cars, will be required to display at least one 'no smoking' sign in any compartment of the vehicle used by operators, drivers, crew members or passengers, which is wholly or partially covered by a roof.

Again, it is to be displayed in a position prominently visible to a person entering the vehicle. In this case, an operator is any person with management responsibilities for the vehicle, and roof does not include any roof that is completely stowed away so that it does not cover any part of the compartment in which persons may travel.

The specifications for such safety signs are very precise in terms both of size and of wording and can be supplied by all reputable safety sign manufacturers to all national legislation.

Failure of the responsible person to display 'no smoking' signs in premises could lead to a fine in court of up to £1100 or a fixed penalty notice of £200 or £150 if paid within 15 days.

Smoking in a smoke-free place: A person who smokes in a smoke-free place will be committing an offence and will attract a maximum fine of £1100 in court or £50 with a discount of £20 if served as a fixed penalty notice and paid within 15 days.

Failing to prevent smoking in a smoke-free place: It is the duty of any person who controls or is concerned in the management of smoke-free premises to cause a person smoking there to stop smoking. In a vehicle, the relevant person would be the operator, the driver or any person on the vehicle who is responsible for order or safety on it.

The penalty for non-compliance is a maximum fine of about £2500.

Obstructing an authorised officer: The penalty for obstructing an authorised officer of an enforcement authority in his duties is currently a maximum of £1100.

Once legislation is in force, no manager can allow an employee to smoke, so perhaps it is time to buy the safety signs you need, nominate a competent person to implement your 'no smoking' policy, deal with offenders swiftly and police your policy regularly.

Exemptions to the requirements are very few and far between. Do not count on being one of them.

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