A leading adviser on health and safety legislation is urging small businesses not to wait for a government ban before introducing controls on smoking in the workplace.
Liz Bunting, legal adviser, at Associa Health & Safety Service believes that employers not introducing their own policy to control smoking in the workplace risk leaving the floodgates open to a tide of compensation claims from employees past and present.
"Employers must ensure as far as reasonably practicable the health, safety and welfare at work of all their employees under section 2 of the the Health and Safety at Work Act 1974. This means that if a risk can be demonstrated from working in a smoky environment, the employer must take action.
Under the Workplace (Health, Safety and Welfare) Regulations 1992, employers also have to ensure that there are arrangements to protect non-smokers from discomfort caused by cigarette smoke in rest areas
Bunting advises that businesses negotiate with their employees to agree a policy on smoking in the workplace which will not only protect non-smoking workers, but should also guard against possible compensation claims.
"Businesses not having a policy on smoking in operation risk costly court cases. Civil claims for compensation arising from passive smoking in the workplace have been successfully pursued,” warns Bunting.
"Equally risky for employers is introducing a complete ban on smoking overnight, as this action could infringe employment rights. Employers should always consult their employees before introducing a policy and give plenty of notice before it comes into force."
To help small businesses put a smoking policy in place, Associa has outlined a five point guide to introducing controls:
1. Tell staff about it - employers should take time to develop their smoking policy and give plenty of prior notice of its introduction. A minimum period of three months' notice is recommended. Suddenly imposing a smoking ban could infringe employment rights.
2. Consult on it - do not introduce a policy too quickly or without appropriate consultation with all staff. Employers should consult their employees and their representatives on the appropriate smoking policy to suit the particular workplace. Consider a vote on smoking restrictions.
3. Ban it - consider a complete ban on smoking. A ban may be justified for safety reasons, for example where there is a risk of fire or explosion. Make sure you have no-smoking signs prominently placed in designated no-smoking areas.
4. Police it - introduce a specific policy on smoking in the workplace. The policy should give priority to the needs of non-smokers who do not wish to breathe cigarette smoke. This policy should be written down and easily available for staff.
5. Enforce it - staff should be made aware of the details of the policy and what will happen to those employees who do not abide by it. Any smoking policy should be made part of all employee's contracts or terms and conditions of employment so that breaches of the policy can be subject to normal disciplinary and grievance procedures.
