Dont Let Smoking Burn Your Business

26|03|07

Most people are already aware that smoking in public places will be banned in Wales from 2 April 2007. The rules and regulations surrounding the ban may seem straightforward, but there are a number of points that both individuals and businesses may not be aware of:

• The ban also includes work vehicles that are not used exclusively by one person.

• Under the legislation, enclosed work premises will have to display prominent ‘no smoking’ signs of at least A5 size at all entrances to the premises and also place signs in company vehicles as appropriate.

• Employers will be liable to a fixed penalty of £200 if they do not have the required signs. If a fixed penalty is not paid the employer could face a fine of up to £1,000 and a criminal record.

• The penalty for failing to take reasonable steps to prevent smoking on the premises or in a vehicle will be a fine of up to £2,500.

• Staff and visitors will be subject to a fixed penalty of £50 if found smoking in the workplace. If the fixed penalty is not paid, the offender could face a fine of up to £200, plus a criminal record.

Whether introducing a ban on smoking in the workplace from scratch, or updating an existing ‘no smoking’ policy, considerable care and attention needs to be given in order to avoid what could be a hefty and unnecessary fine.

John Collins & Partners encourages employers to meet with their staff and discuss the best way of introducing the ban into the office, rather than just notifying them that a ban is being enforced simply to comply with the law.

For further information on issues in this article, or other employment related queries, please contact Rosa Fernandez, head of Employment Law at John Collins & Partners LLP, on 01792 773 773. For extensive articles and up-to-date legal news that may affect your business, log on for free to www.jcpsolicitors.co.uk