Smoking in the workplace

The law on smoking in the workplace

The smoking ban applies to enclosed or substantially enclosed workplaces where more than one person works, regardless of whether they are paid or voluntary, or whether they work at the same or different times or only intermittently.  

Employers are required by law to:

• display no-smoking signs in workplaces and work vehicles;
• take reasonable steps to make sure that staff, customers, members and visitors are aware that they may not smoke in the premises or in work vehicles;
• make sure that no one smokes on the premises or in vehicles.

Smoking is defined as being in possession of a lit substance such as tobacco or any other substance that can be smoked. This includes any type of cigarette, pipe, cigar or water pipe used to smoke tobacco.

Only a few premises are exempt from this law and all exemptions are subject to strict conditions.

What does a smoking policy consist of?  

The aims of a smoke-free policy should be to protect staff from the harmful effects of second-hand tobacco smoke, as well as making sure that employers, smokers, and non-smokers have a clear understanding of their rights and responsibilities. A smoke-free policy should cover:

• The rights of non-smokers to breathe air that is free from second-hand smoke;
• The issue of compliance with the law relating to the smoking ban.
• Support that the employer provides to employees who wish to quit smoking.
• Provision for those who are unable or unwilling to stop smoking.
• What happens to employees who smoke in areas that are smoke-free.
• Procedures for monitoring and reviewing the effectiveness of the policy.
• Procedures for resolving complaints and disputes.

Do employers have to give smokers a place to smoke?

According to the Health and Safety Executive, employers should consult their employees and their representatives on the appropriate smoking policy to suit their particular workplace, though this has to meet the requirements of the legal ban,

UNISON believes that a smoke-free policy should aim to protect all staff from the harmful effects of second-hand tobacco smoke, comply with the law and support workers that wish to give up, but also make provision for those unable or unwilling to give up.

The term ‘enclosed or substantially enclosed’ refers to a place that has a ceiling or roof, with walls (including doors and windows) around at least half the perimeter.

What about workers not covered by the ban?

Employers have a duty not to expose their workers to hazards and must therefore take appropriate steps to prevent or minimise any risks.

UNISON members working in someone else’s home may be exposed to second-hand smoke. To deal with this risk, many employers and health promotion organisations now ask service users/clients not to smoke during or at least one hour before any visit, and to allow the worker to ventilate the rooms they work in by opening windows. Employers can further improve the situation by ensuring that any member of staff does not have to visit one smoker after another.

In other residential settings, where, for example, a patient is permitted to smoke within their bedroom, then any care can be administered elsewhere in a smoke-free area, or alternative provision should be made for the patients to smoke elsewhere. Any cleaning of the rooms should be timed to allow sufficient ventilation first.

Special consideration should be given to workers who may be at special risk, such as pregnant women, or those suffering from asthma or other respiratory diseases, or cardiovascular (heart or blood vessel) diseases, including a stroke.

How employers help you to stop smoking?

There are many things an employer can do to encourage employees to give up smoking. Talk to your UNISON rep about whether your employer can offer any of the following:

• Advice on giving up smoking from a doctor or health professional.
• Self-help guides for giving up smoking.
• Free or subsidised nicotine replacement therapy such as gum or patches.
• Programmes for giving up smoking (such as group meetings run by professionals).
• Paid time off to attend relevant courses. 

Legal disclaimer 

The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland. 

While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.