The final draw

The smoking ban will soon be implemented in all enclosed public spaces across Britain. To ensure businesses in the flooring industry are prepared for the changes flooring magazine offers the latest advice on compliance

July 1 means only one thing to Britain this year – the smoking ban. After this date it will be illegal to smoke in most public enclosed spaces and work places.

All businesses will have to implement certain measures or face hefty fines, as well as making sure their employers don’t break the law on their property.

The first step to making sure your business adheres to regulations is to place no smoking signs at the entrance to each smoke-free premises. The notice must be at least A5 in size and display the international ‘No Smoking’ symbol (a graphic representation of a single burning cigarette enclosed in a red circle, which, of itself, must be at least 70mm in diameter, with a red bar across it). The signs must also feature the following wording in clear type: ‘No smoking. It is against the law to smoke in these premises.’ All indoor smoking rooms must be used for an alternative purpose and it may also be helpful to talk to staff about how to use this space and also to offer support if they wish to quit or cut down on smoking.

The new law will not only apply to virtually all ‘enclosed’ and ‘substantially enclosed’ places, but also temporary structures such as tents and marquees. This is worth remembering for staff events where such structures may be hired.Workplaces also include vehicles and these will also need to display a no-smoking sign in each compartment of the vehicle in which people can be carried. This must show the international no-smoking symbol at least 70mm in diameter.

To make sure regulations are followed and understood by all staff it is important to establish a clear no smoking policy. This could be in a written document or presented as a workshop and should include the rights of staff that wish to smoke as well as the restrictions they face.

There is no obligation on employers to provide an outdoor smoking shelter and if one is provided it must not be ‘substantially’ enclosed. The law defines a space as ‘substantially’ enclosed if it has a ceiling or roof and an opening in the walls, which is less than half the total area of the wall space. The area of the opening does not include doors, windows or any other fittings that can be opened or shut. If it is unclear whether a space is enclosed or not, detailed advice is available from local councils. Around 70% of smokers say they want to stop smoking, and the new law aims to provide extra motivation to help people take the first step towards quitting. Employers can speak to their local NHS Stop Smoking Services about support for their employees during or outside working hours.

Local councils will be responsible for enforcing the smoking law in England. In the run-up to July 1, they will work closely with businesses to help ensure the laws are understood.

In other countries that have already implemented a ban, such as Ireland, Scotland and New Zealand, levels of compliance are high, and the laws quickly became self-enforcing. However, there is a legal responsibility on premise owners and managers to make sure the law is followed.