serendipity123
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| posted on 26/10/05 at 10:04 PM |
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smoking at work
i own a computer company, employing 7 people, 2 of which smoke, is there any laws on staff smoking at work, do they need a smoking area etc, 1 none
smoking member of staff has asked me to ban smoking in the building. . . . . .anyone got views on this, i personally am a none smoking and i couldnt
care less,
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flyingkiwi
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| posted on 26/10/05 at 10:11 PM |
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As a smoker myself, going outside for a smoke is no hardship and I wouldn't want to smoke in my office anyway, it makes the place stink and is
unfair on the non smokers. As for law's I think smoking in an office is an offence now, plus increases your fire insurance, as for providing a
smoking area, I don't think there is any, its up to you if you have a smoking area, but if you do have one some form of cover would make them
happier, my boss told me to ram it when I asked for a bike shed to smoke in, we have about 20 odd smokers in our hanger!
[Edited on 26-1010-0505 by flyingkiwi]
It Runs!!!!! Bring on the SVA!
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dave1888
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| posted on 26/10/05 at 10:17 PM |
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Ban it, anything to make them give up.
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ReMan
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| posted on 26/10/05 at 10:21 PM |
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Judging by what I see and hear day to day, I don't think you have any obligation to supply an area to smoke, but you have more obligation to
protect the non-smokers from smoke and if its "your" building I think you can stipulate as you like, as would your insurers and you have
a duty to protect your staff from smoke, which could be litigious if you don't.
You may have to introduce a policy which caters for all in terms of breaks, during which time those that smoke-do and those that dont-drink coffee or
something.
You prob need prof advice on this potentially big subject.
My 2p
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Hellfire
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| posted on 26/10/05 at 10:21 PM |
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You don't HAVE to provide a smoking area but it is a good idea to do so. Otherwise people will just hang around the entrance smoking which
creates a bad impression in my opinion.
At least if you provide a smoking shelter, you can decide where it's located. 
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ReMan
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| posted on 26/10/05 at 10:23 PM |
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I am an ex smoker, but i'm not anti smoking
I could probably get some better info from work if you need it.........
www.plusnine.co.uk
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Chris_R
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| posted on 26/10/05 at 10:24 PM |
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I gave up smoking just over five weeks ago. I think, and always have done, that you should have a no smoking policy in place banning smoking in work
environments where you've no choice but to work in close proximity to someone else. It's just not fair on the non smoker. Don't get
me wrong, I'm not being self righteous, I just don't think that it's fair to force it on people. It might be a pain in the ar$e to
get up and go outside to light up, especially when the weather's $hitty, but in all honesty, the weather's the least of your worries. If
it's a persons right to choose if they smoke, surely the same right can be afforded to those who don't wish to.
A bit of slapstick never hurt anyone.
http://www.chris.renney.dsl.pipex.com/
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DavidM
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| posted on 26/10/05 at 10:29 PM |
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There is no specific legal requirement to ban smoking in an office. However under Health and Safety legislation you have a duty of care to your
employees and should carry out a risk assessment, and act accordingly. It is also advisable to have a smoking policy.
There is a school of thought that says that if you introduce an outright ban on smoking this may have cotractural implications. On the other hand if
you don't take reasonably practicable steps to protect your employees from the risk of passive smoking, you could leave yourself open to civil
action now or in the future,
Hope this helps.
David
Regards,
David
Proportion is Everything
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ReMan
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| posted on 26/10/05 at 10:29 PM |
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quote:
Originally posted by Chris_R
I gave up smoking just over five weeks ago.
3 years and 6 days
www.plusnine.co.uk
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serendipity123
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| posted on 26/10/05 at 10:30 PM |
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so do my none smokers have a right rf smoking in the building ? is ther anything legal that anyone knows about rf none smoking staff breathing in
smoke?
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ReMan
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| posted on 26/10/05 at 10:31 PM |
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quote:
Originally posted by DavidM
There is no specific legal requirement to ban smoking in an office. However under Health and Safety legislation you have a duty of care to your
employees and should carry out a risk assessment, and act accordingly. It is also advisable to have a smoking policy.
There is a school of thought that says that if you introduce an outright ban on smoking this may have cotractural implications. On the other hand if
you don't take reasonably practicable steps to protect your employees from the risk of passive smoking, you could leave yourself open to civil
action now or in the future,
Hope this helps.
David
Regards,
David
Good point, well put
I think this is what I was trying to get across!
www.plusnine.co.uk
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serendipity123
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| posted on 26/10/05 at 10:38 PM |
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if you could get more info reman or anyone else that would be great.
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JoelP
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| posted on 26/10/05 at 10:42 PM |
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only my personal opinion, but i believe smoking should be banned in all work places. Most smokers i know agree, and many would include pubs in that
too.
At the end of the day, someone is going to have a liberty performed on them, either the smoker by being made to go outside, or the non smoker by
having to breathe shite. I know whoose side im on!
Im pretty sure that its law that workers dont have to work in smoky environments, hence all the signs about not smoking at the bar etc
Beware! Bourettes is binfectious.
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Strolls
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| posted on 26/10/05 at 11:35 PM |
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quote:
Originally posted by serendipity123
so do my none smokers have a right rf smoking in the building ? is ther anything legal that anyone knows about rf none smoking staff breathing in
smoke?
I find your spelling really hard to follow, but this has been answered: the law is complicated and there isn't a clear-cut answer
yet.
- Your non-smoking staff probably have a legal right a right to clean, smoke-free air. IMO they have a moral right to smoke-free air at work.
- If you allow smoking in the building and one of your non-smoking staff gets cancer there's a case that you (or your insurance) might be
liable for millions in damages (especially after it's been discussed with you).
- But there are plenty of offices out there which allow smoking & the rights of the non-smokers aren't set in stone yet.
- You should be seeking the advice of a Heath & Safety specialist or consultant about this, not Ask Slashdot, erm... I mean... not a bunch
of amateur car builders. Your local Business Link, Chamber or Commerce or Business Advice Bureau can recommend one.
- Today's news indicates that the rights of your
non-smoking staff probably will be set in stone by 2007: "The Health Bill will include a ban on smoking in enclosed workplaces and public
places which will cover 99 percent of the workforce," Health Secretary Patricia Hewitt said in a statement on Wednesday.
Frankly, I'm surprised you need to ask this (twice!!), unless you've got some ulterior motive for wanting to sack someone. In that case
you should be consulting a lawyer. uk.legal would also have been a better forum to post in (and
I'll bet this has been answered there before).
I am a smoker.
Stroller.
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907
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| posted on 26/10/05 at 11:47 PM |
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I'm a welder by trade,
so if they ban smoking at work I'll have fcuk all to do.
Paul G
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quattromike
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| posted on 27/10/05 at 02:41 AM |
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I work in a fabrication workshop and smoking is banned in any of the buildings, so people have to go outside for a fag .
I think it's only right .
Isn't smoking going to be banned in public next year any way? So if you choose not to act it's just delaying the enevitable(?spelling).
I think smoking should be banned world wide.
Mike
P.S. I'm a none smoker
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escary
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| posted on 27/10/05 at 06:36 AM |
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scotttish laws
don't know if the same applies in england.
I run a bus workshop, not the most smoke free enviroment in the world, but come march the 26th 06 all smoking is banned in public places.
The rule of thumb given to us is, if it has a roof and the public can gain access for any reason anywhere in the complex you can't smoke in it
as it will be against the law.
Just how i'm gonna enforce this whilst a 12 year old bus with a gardenar engine belches out loads of crap is beyond me, combiened to a workforce
of either young non smokers and guys with 30 years service who do smoke is problematic at best.
There will probably be some help on the governments website, or try your local council enviromental health.
Last option could be contact the transport and general workers union, they i'm sure will be able to advise you as i've no doubt that
it's an issue they will have dealt with.
hope i've helped.
Regards
ewan
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Aboardman
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| posted on 27/10/05 at 06:38 AM |
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ban smoking in the building and give all the non smokers a extra day holiday for all the time the smokers have off going outside for a fag .
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Avoneer
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| posted on 27/10/05 at 06:47 AM |
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quote:
Originally posted by Strolls
quote:
Originally posted by serendipity123
so do my none smokers have a right rf smoking in the building ? is ther anything legal that anyone knows about rf none smoking staff breathing in
smoke?
I find your spelling really hard to follow, but this has been answered: the law is complicated and there isn't a clear-cut answer
yet.
- Your non-smoking staff probably have a legal right a right to clean, smoke-free air. IMO they have a moral right to smoke-free air at work.
- If you allow smoking in the building and one of your non-smoking staff gets cancer there's a case that you (or your insurance) might be
liable for millions in damages (especially after it's been discussed with you).
- But there are plenty of offices out there which allow smoking & the rights of the non-smokers aren't set in stone yet.
- You should be seeking the advice of a Heath & Safety specialist or consultant about this, not Ask Slashdot, erm... I mean... not a bunch
of amateur car builders. Your local Business Link, Chamber or Commerce or Business Advice Bureau can recommend one.
- Today's news indicates that the rights of your
non-smoking staff probably will be set in stone by 2007: "The Health Bill will include a ban on smoking in enclosed workplaces and public
places which will cover 99 percent of the workforce," Health Secretary Patricia Hewitt said in a statement on Wednesday.
Frankly, I'm surprised you need to ask this (twice!!), unless you've got some ulterior motive for wanting to sack someone. In that case
you should be consulting a lawyer. uk.legal would also have been a better forum to post in (and
I'll bet this has been answered there before).
I am a smoker.
Stroller.
We're not all amateur car builders you know - some of us have real jobs as well!
And Serendipity was only asking a question, which is what this forum is all about. Calm down, it's all a lot clearer then. Pat...
No trees were killed in the sending of this message.
However a large number of electrons were terribly inconvenienced.
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G.Man
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| posted on 27/10/05 at 07:16 AM |
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The only thing I would be worried about is if a non-smoker caught lung cancer, could they have a comeback on you for secondhand smoke...
I would create a smoking area or ban smoking in the office to be on the safe side...
I smoke...
Opinions are like backsides..
Everyone has one, nobody wants to hear it and only other peoples stink!
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David Jenkins
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| posted on 27/10/05 at 07:33 AM |
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Nice quote on the BBC site this morning - relating to pubs, but the idea's the same:
"Having a smoking section in a pub or restaurant is like having a peeing section in a swimming pool."
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James
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| posted on 27/10/05 at 07:55 AM |
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quote:
Originally posted by Chris_R
I gave up smoking just over five weeks ago.
Congratulations mate!
Hope you manage to stick with it.
You may have these already, but friends of mine who have given up recently, use various little programs that run on their PC and let them know how
much money they've saved, how much longer they'll live and a few other statistics.
One of my colleagues says it's great knowing that so far this year she's £1500 richer (after tax!!!) to spend on hand bags!
Cheers,
James
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"The fight is won or lost far away from witnesses, behind the lines, in the gym and out there on the road, long before I dance under those lights."
- Muhammad Ali
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serendipity123
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| posted on 27/10/05 at 08:02 AM |
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well said Avoneer, i was getting worried that i was going to be corrected on my spelling every time i posted on the site.
i'm not wanting to sack anyone at all, just a none smoking member of staff has asked me and i just wanted the oppinion of other every day
people, and where else is best to find them if its not on the locost builders site.
i have a solution anyway, staggered tea coffee and lunch breaks, which can be taken when ever you like and weather or not you are a smoker, how ever
smoking is only allowed in the later breake so if you want to sit in a smoke free staff room u take the earlier break
would that be fair ?
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spaximus
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| posted on 27/10/05 at 08:06 AM |
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My wife works in the NHS and smoking is banned on all NHS property and workers are not allowed to smoke whilst in uniform to and from work as well. So
if a unionised place like that has such strict rules then you will have no problems.
Where I work we allow smoking in open areas ,ie the warehouse but offices are a no no. Personally I added up the time smokers get extra off work for
smoke breaks over none smokers after a complaint, it was a huge loss and grossly unfair to others. The goverment once again has not done the right
thing, trendy none food clubs will still be smoke filled, bars in towns will still be full of smokers, I will defend the rights of people to smoke but
not in my space. But the revenue they get from smoking will ensure they never really ban it full stop anyway.
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James
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| posted on 27/10/05 at 08:08 AM |
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quote:
Originally posted by serendipity123
i personally am a none smoking and i couldnt care less,
It's good to know you're relaxed about the damage to your health caused by others.
Must be nice for any non-smokers you may live with when you get home from work smelling so gorgeous too!
At the end of the day it'll get banned in work places very shortly anyway (the government publishes the bill today) so you might as well stop it
ASAP and help prevent any of your employees suing you!
Cheers,
James
Anti-smoking non-smoker!
P.S. John Reid *ex* Health Secretary now Secretary of state for Defence should be pilloried for forcing changes to the bill that allow pubs that sell
food to allow smoking. What a tit! 
[Edited on 27/10/05 by James]
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"The fight is won or lost far away from witnesses, behind the lines, in the gym and out there on the road, long before I dance under those lights."
- Muhammad Ali
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