Smoking in the workplace

The national smoking ban came into effect on 1 July 2007.

The legal position

Since 1 July 2007, under the Health Act 2006, virtually all enclosed public places and workplaces in England must now be smokefree.

Salford City Council employ a team of officers who can provide assistance to businesses in Salford who are unsure on what they need to do to ensure compliance with the legislation. The council will provide a tailored support package to fit the needs of each individual business.

The act and associated regulations mean that:

  • Every workplace, where more than one person works, or where members of the public may attend to seek or receive services or goods. This applies to premises or areas of premises that are enclosed or partially enclosed
  • Public transport and work vehicles
  • Premises open to the public (whether by invitation or not, and whether on payment or not)

However the following places can be designated as smoking places (under strict conditions):

  • Private residential spaces within adult hospices, prisons and long-stay adult residential care facilities
  • Other enclosed spaces that act effectively as a person's dwelling (eg designated bedrooms in hotels, hostels and halls of residence)

The legislation is enforced by the local authority and authorised officers can require personal details, serve fixed penalty notices or instigate legal proceedings for non-compliance. Any enforcement work will be done in accordance with Greater Manchester's "Smokefree Enforcement Protocol".

Offences include:

  • Failure to display a 'no smoking' sign
  • Smoking in a smokefree premises, place or vehicle
  • Failure to prevent smoking in a premises

Penalties for non compliance are:

  • Managers of premises that allow smoking fined of up to £2,500
  • Premises where a 'no smoking' sign is not displayed they could be given a fixed penalty notice of £200 and could face fines of up to £1,000
  • Individuals smoking in smokefree areas could be issued with a fixed penalty notice of £50

There is information on giving up smoking in our healthy living section.

Electronic cigarettes in the workplace

The use of electronic cigarettes in the workplace is up to the individual employer. There has been a recent Public Health England review of the evidence on e-cigarettes in terms of relative harm compared with tobacco, but at the moment these products are unregulated. Regulation is due in May 2016 under the EU Tobacco Products Directive. More information on e-cigarettes is available from ASH.

Shisha

The law classes shisha smoking the same as cigarette smoking. It is illegal to smoke shisha in an enclosed public space, or a space that's mostly-enclosed. To smoke in any public premises with a roof, at least half the wall space must be open.

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