You may have to introduce a policy which caters for all in terms of breaks, during which time those that smoke-do and those that dont-drink coffee or something.
You prob need prof advice on this potentially big subject.
My 2p
i own a computer company, employing 7 people, 2 of which smoke, is there any laws on staff smoking at work, do they need a smoking area etc, 1 none smoking member of staff has asked me to ban smoking in the building. . . . . .anyone got views on this, i personally am a none smoking and i couldnt care less,
As a smoker myself, going outside for a smoke is no hardship and I wouldn't want to smoke in my office anyway, it makes the place stink and is
unfair on the non smokers. As for law's I think smoking in an office is an offence now, plus increases your fire insurance, as for providing a
smoking area, I don't think there is any, its up to you if you have a smoking area, but if you do have one some form of cover would make them
happier, my boss told me to ram it when I asked for a bike shed to smoke in, we have about 20 odd smokers in our hanger!
[Edited on 26-1010-0505 by flyingkiwi]
Ban it, anything to make them give up.
Judging by what I see and hear day to day, I don't think you have any obligation to supply an area to smoke, but you have more obligation to
protect the non-smokers from smoke and if its "your" building I think you can stipulate as you like, as would your insurers and you have a
duty to protect your staff from smoke, which could be litigious if you don't.
You may have to introduce a policy which caters for all in terms of breaks, during which time those that smoke-do and those that dont-drink coffee or
something.
You prob need prof advice on this potentially big subject.
My 2p
You don't HAVE to provide a smoking area but it is a good idea to do so. Otherwise people will just hang around the entrance smoking which
creates a bad impression in my opinion.
At least if you provide a smoking shelter, you can decide where it's located. 
I am an ex smoker, but i'm not anti smoking
I could probably get some better info from work if you need it.........
I gave up smoking just over five weeks ago. I think, and always have done, that you should have a no smoking policy in place banning smoking in work environments where you've no choice but to work in close proximity to someone else. It's just not fair on the non smoker. Don't get me wrong, I'm not being self righteous, I just don't think that it's fair to force it on people. It might be a pain in the ar$e to get up and go outside to light up, especially when the weather's $hitty, but in all honesty, the weather's the least of your worries. If it's a persons right to choose if they smoke, surely the same right can be afforded to those who don't wish to.
There is no specific legal requirement to ban smoking in an office. However under Health and Safety legislation you have a duty of care to your
employees and should carry out a risk assessment, and act accordingly. It is also advisable to have a smoking policy.
There is a school of thought that says that if you introduce an outright ban on smoking this may have cotractural implications. On the other hand if
you don't take reasonably practicable steps to protect your employees from the risk of passive smoking, you could leave yourself open to civil
action now or in the future,
Hope this helps.
David
Regards,
David
quote:
Originally posted by Chris_R
I gave up smoking just over five weeks ago.
so do my none smokers have a right rf smoking in the building ? is ther anything legal that anyone knows about rf none smoking staff breathing in smoke?
quote:
Originally posted by DavidM
There is no specific legal requirement to ban smoking in an office. However under Health and Safety legislation you have a duty of care to your employees and should carry out a risk assessment, and act accordingly. It is also advisable to have a smoking policy.
There is a school of thought that says that if you introduce an outright ban on smoking this may have cotractural implications. On the other hand if you don't take reasonably practicable steps to protect your employees from the risk of passive smoking, you could leave yourself open to civil action now or in the future,
Hope this helps.
David
Regards,
David
if you could get more info reman or anyone else that would be great.
only my personal opinion, but i believe smoking should be banned in all work places. Most smokers i know agree, and many would include pubs in that
too.
At the end of the day, someone is going to have a liberty performed on them, either the smoker by being made to go outside, or the non smoker by
having to breathe shite. I know whoose side im on!
Im pretty sure that its law that workers dont have to work in smoky environments, hence all the signs about not smoking at the bar etc
quote:
Originally posted by serendipity123
so do my none smokers have a right rf smoking in the building ? is ther anything legal that anyone knows about rf none smoking staff breathing in smoke?
I'm a welder by trade,
so if they ban smoking at work I'll have fcuk all to do.
Paul G
I work in a fabrication workshop and smoking is banned in any of the buildings, so people have to go outside for a fag .
I think it's only right .
Isn't smoking going to be banned in public next year any way? So if you choose not to act it's just delaying the enevitable(?spelling).
I think smoking should be banned world wide.
Mike
P.S. I'm a none smoker
don't know if the same applies in england.
I run a bus workshop, not the most smoke free enviroment in the world, but come march the 26th 06 all smoking is banned in public places.
The rule of thumb given to us is, if it has a roof and the public can gain access for any reason anywhere in the complex you can't smoke in it as
it will be against the law.
Just how i'm gonna enforce this whilst a 12 year old bus with a gardenar engine belches out loads of crap is beyond me, combiened to a workforce
of either young non smokers and guys with 30 years service who do smoke is problematic at best.
There will probably be some help on the governments website, or try your local council enviromental health.
Last option could be contact the transport and general workers union, they i'm sure will be able to advise you as i've no doubt that
it's an issue they will have dealt with.
hope i've helped.
Regards
ewan
ban smoking in the building and give all the non smokers a extra day holiday for all the time the smokers have off going outside for a fag .
quote:
Originally posted by Strolls
quote:
Originally posted by serendipity123
so do my none smokers have a right rf smoking in the building ? is ther anything legal that anyone knows about rf none smoking staff breathing in smoke?
I find your spelling really hard to follow, but this has been answered: the law is complicated and there isn't a clear-cut answer yet.
- Your non-smoking staff probably have a legal right a right to clean, smoke-free air. IMO they have a moral right to smoke-free air at work.
- If you allow smoking in the building and one of your non-smoking staff gets cancer there's a case that you (or your insurance) might be liable for millions in damages (especially after it's been discussed with you).
- But there are plenty of offices out there which allow smoking & the rights of the non-smokers aren't set in stone yet.
- You should be seeking the advice of a Heath & Safety specialist or consultant about this, not Ask Slashdot, erm... I mean... not a bunch of amateur car builders. Your local Business Link, Chamber or Commerce or Business Advice Bureau can recommend one.
- Today's news indicates that the rights of your non-smoking staff probably will be set in stone by 2007: "The Health Bill will include a ban on smoking in enclosed workplaces and public places which will cover 99 percent of the workforce," Health Secretary Patricia Hewitt said in a statement on Wednesday.
Frankly, I'm surprised you need to ask this (twice!!), unless you've got some ulterior motive for wanting to sack someone. In that case you should be consulting a lawyer. uk.legal would also have been a better forum to post in (and I'll bet this has been answered there before).
I am a smoker.
Stroller.
The only thing I would be worried about is if a non-smoker caught lung cancer, could they have a comeback on you for secondhand smoke...
I would create a smoking area or ban smoking in the office to be on the safe side...
I smoke...
Nice quote on the BBC site this morning - relating to pubs, but the idea's the same:
"Having a smoking section in a pub or restaurant is like having a peeing section in a swimming pool."
quote:
Originally posted by Chris_R
I gave up smoking just over five weeks ago.
well said Avoneer, i was getting worried that i was going to be corrected on my spelling every time i posted on the site.
i'm not wanting to sack anyone at all, just a none smoking member of staff has asked me and i just wanted the oppinion of other every day people,
and where else is best to find them if its not on the locost builders site.
i have a solution anyway, staggered tea coffee and lunch breaks, which can be taken when ever you like and weather or not you are a smoker, how ever
smoking is only allowed in the later breake so if you want to sit in a smoke free staff room u take the earlier break
would that be fair ?
My wife works in the NHS and smoking is banned on all NHS property and workers are not allowed to smoke whilst in uniform to and from work as well. So
if a unionised place like that has such strict rules then you will have no problems.
Where I work we allow smoking in open areas ,ie the warehouse but offices are a no no. Personally I added up the time smokers get extra off work for
smoke breaks over none smokers after a complaint, it was a huge loss and grossly unfair to others. The goverment once again has not done the right
thing, trendy none food clubs will still be smoke filled, bars in towns will still be full of smokers, I will defend the rights of people to smoke but
not in my space. But the revenue they get from smoking will ensure they never really ban it full stop anyway.
quote:
Originally posted by serendipity123
i personally am a none smoking and i couldnt care less,
I packed up 27 years ago, but one of my friends who smokes raised the point that when we are out I get to share his smoke so I should contribute
towards the cost of his cigarettes. 
. As I read the article smoking was allowed in pubs, clubs requiring membership but not establishments
supplying food, subject to being passed by Parliament. Try googling "smoking in the workplace" you'll get no end of hints.
[Edited on 27/10/05 by Peteff]
I think i would allow the employees to put it to the vote. If it is voted to be non-smoking then they have made the decision.
Ref providing a place to smoke - i would have thought this would have all sorts of potential repurcussions, but as said already i would hate it if it
was my business and smokers stood outside a main entrance. Maybe one of those open hoods or a small shed with no windows or door could be the answer
(ie protected from rain but well ventilated).
I recall a place i used to work for had an insurance policy that discouraged smoking inside and would cancel a claim for fire if it was found to be
started by a cigarrette or similar. Check your policy, if this is the case then you can use that as the reason for banning the smoking.
What has always narked me is that smokers seem to get more breaks.
Couple of things.
I lived in Vancouver (canada ) when they introduced the no smoking in pubs and clubs. As usual there was a huge outcry from smokers, but the
majority of pubs actually increased business after the ban! They suddenly found lots of people weren't going to pubs because of the smoke
who were now happy to go out for a couple of drinks and a meal.
Secondly having just this year finished treatment for cancer - including a node in my lung (not smoking related) I can quite comfortably say
everyone who smokes should go on a cancer treatment ward and see the poor bast*rds with lung cancer, then maybe watch them being carted off to
the morgue a couple of days later. They might want to have a chat with someone on chemo to see how unpleasant it is for the 'lucky' ones
who are treatable to get sorted out. Then they can make an informed decision on whether to have a go at giving up.
ATEOTD there will always be problems when smokers and non-smokers mix. As a non-smoker myself I'd ask of the smokers, "would you mind if I
took a dump in your lap?", it's maybe as offensive an act as their 2nd hand smoke is to me!
Also, if heroin addicts shot up in the middle of the pub, would the smokers object? They are both addicted to drugs so what's the difference?
2c... no offence
we maybe moving away from the original question here a little as i didnt want to get into a smoker non smoker situation, , , , i think i'll just
sack the smokers lol that should solve the problem
i'll put a memo up in the staff room today lol
"ALL SMOKING MEMBERS OF STAFF ARE NOW SACKED "
[Edited on 27/10/05 by serendipity123]
Sorry about the hijack
I'd suggest you avoid a vote, it'll just cause problems down the line whoever 'wins' - especially in a small office, and could
lead to legal problems. It could be considered constructive dismissal if they guy who wants to stop smoking in the office feels he has to leave (but
I'm not a lawyer so don't take my word for it - ask a professional ).
I'm with the build them a shelter (locost 1" tube and ally obviously ) and get them smoking outside. But you are the boss, and you know
your office and it's personalities much better than us.
But then I've not worked in a 'smoking acceptable inside' office for 15 years, and wouldn't accept a job in one.
Solution to constructive dismissal.
Rename company - make everyone redundant from old company.
Make new rule that the company enforces a non-smoking policy. Advise the staff that they are all eligable to apply for the new jobs on the new
terms.
Should the smokers get the new positions - before one year employment expires you could lay them off for no reason anyway. Some small, medium sized
companies practise this.
(To be read with tongue inside the cheek!)