Smoking at work

The Health Act 2006 banned smoking in most enclosed workplaces and public places. The Act created the offences of “smoking in a smoke-free place” and “failing to prevent smoking in a smoke-free place” for anyone (for example, an employer) who “controls or is concerned in the management of smoke-free premises”. There is a separate duty on the drivers of smoke-free vehicles to prevent smoking. The revised ACOP and guidance advises that where smoking in any area of the workplace or any rest area is not prohibited by law (for example, some care homes or prisons), non-smokers should be protected from experiencing discomfort from tobacco smoke. Staffs that provide care or other services in residential rooms where the users are permitted to smoke must be provided with a separate, smoke-free rest room or rest area.