In the UK, it has been illegal to smoke in enclosed or partially enclosed workplaces since 2006. It is also a legal requirement that all employers take responsibility for ensuring that their employees do not smoke on most work premises. Company premises also includes work vehicles that are used regularly by more than one person, such as public transport vehicles, delivery goods vehicles and taxis. Staff are allowed to smoke in their own company cars, provided this is agreed via the company’s own smoking policy.

The UK smoking law applies to any type of tobacco product but does not currently apply to e-cigarettes or vaping devices.

By UK law, employers must take a number of steps to prevent people from smoking within these premises, including displaying prominent ‘no smoking’ signage in workplaces and vehicles. They must also take adequate steps to ensure their employees, visitors and customers are aware that they are not allowed to smoke while on the premises.

If an employee is found to be breaking the law regarding smoking in the workplace, they can be fined up to £200 in England and £50 in Scotland per offence. Businesses also face fines of up to £2,500 if staff are found to be smoking in enclosed workspaces, and up to £1,000 if they are not displaying adequate ‘no smoking’ signage.

Adopting a safe and supportive policy

The law advises that all workplaces should adopt a smoking policy that aims to protect all staff from the harmful effects of passive smoke (inhaling smoke “second hand” from others’ cigarettes). This type of holistic policy includes supporting staff to give up smoking, but also recognising that those who do not wish to quit should be given a safe and sheltered area to use if they wish to do so.

Smoking areas

There may be some areas of a company’s premises where workers are allowed to smoke, such as unmarked outdoor areas, or designated smoking areas. Many workers are confused about whether they can smoke on company premises if they are outdoors; it is the company’s responsibility to make it clear to staff where they are allowed to smoke outdoors through adequate signage. This is why some workplaces also choose to mark out a designated smoking area or smoking shelter for their staff to use. These shelters or smoking areas must be outside; indoor smoking rooms are not permitted.

Smoking areas are not a legal requirement

Although workplaces are under no obligation to provide a place for people to smoke, some employers do choose to allocate an area on company premises. In this case, workers may smoke on the premises, as long as they stay within the designated zone. This approach helps companies to confine smoking to one outdoor area, provides clarity for workers over where they are allowed to smoke and protects those that do not smoke.

The UK law against smoking in the workplace applies to any company used for business purposes where more than one person works.

To find out more about installing smoking shelters on your company premises, get in touch with us at Shelter Solutions today.