LRD guides and handbook July 2017

Health and safety law 2017

Chapter 5

Smoking



[ch 5: page 87]

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 ACOP to the Workplaces Regulations 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. Staff who 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.



In June 2017, just ahead of the 10th anniversary of the introduction of the smoking ban, the Guardian reported that Public Health England figures shared with the newspaper clearly demonstrate the health impact of the policy. The figures show that deaths from heart disease and other coronary conditions are down by over 20% among smokers aged 35 and over, while stroke fatalities are down by almost 14%.



https://www.theguardian.com/society/2017/jun/25/uk-heart-disease-deaths-fall-by-over-20-since-indoor-smoking-ban