Legislation on smoking at work is strict and punishing in the United Kingdom. Employers and employees need to understand the law for smoking in the workplace.
SMOKING AT WORK: It is the public health laws that govern smoking at the workplace.
Current legislation states that these places must be smoke free:
These workplace smoking laws mean employers must meet their legal responsibilities. Only a few exemptions exist (with strict conditions).
You must take steps to prevent people smoking in any relevant premises at your workplace. Failing to do so may result in a penalty for smoking in the workplace.
Workers can receive a fine up to £200 (up to £50 in Scotland).
How does the law define smoking? It is being caught in possession of a lit substance such as tobacco or any other substance that can get smoked.
So, the rules apply to any type of cigarette, cigar, pipe, or a water pipe used to smoke tobacco.
Note: Workplace smoking laws do not currently apply to e-cigarettes. That means employers can decide whether they can get used on their work premises. (*Where more than one person works, paid or voluntarily).
There are several steps that businesses must take to prevent smoking at work. Some of the preventative measures include:
Note: The regulations do not allow staff smoking rooms. Any smokers must smoke outside in the open air.
Businesses that fail to stop people smoking in the workplace can get fined up to £2,500. Your business could also receive a fine up to £1,000 for failing to display 'No Smoking' signs on the premises.
Different penalties and fines apply in Scotland. The fixed penalty fine is £200 which can increase to £2,500 for failing to pay the fine.
The law bans smoking in any work vehicle that gets shared by more than one person. Some examples include:
An exception allows a worker to smoke in a company car whereby only they use it. That is providing their employer agrees to it.
Hospices and residential care homes can provide individual smoking rooms. But, they must be for the use of residents only. In this case, the rooms must have effective ventilation and no smoke should enter any other rooms.
Smoking in the Workplace Law: Employees Rights
Last Updated 2018