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Smoking gun...
Page 32
Page 33
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Smoking will be banned in all UK workplaces
in 2008 with fines up to £21500. But will it
include truck cabs? David Craik reports.
iliuscd with yuletide spirit. the Scottish Executive published its bill on Smoking.
Health and Social Care on 17 December. This outlines the banning of smoking in public places which will extend beyond the pubs and restaurants of our high streets to the workplace. The bill is set to become law in 2006, with England and Wales promising similar legislation in 2008.
Employers must take heed of the bill's declaration that "a person who, having the management or control of a no-smoking premises. knowingly permits another to smoke there commits an offence".
Employers can offer the defence that they have taken all reasonable precautions and exercised due diligence not to commit an offence, or that there were no lawful or reasonably practicable means by which they could have prevented another person or employee smoking.
To comply with the law, notices will have to be "conspicuously displayed inside and outside the no-smoking workplace. They must state that the premises are no-smoking and that it is an offence to smoke there or knowingly to permit smoking there."
Local council officers are empowered to enter and search workplaces to find out if an offence has been committed, using force if necessary. If the neglect of a directorormanagerisproven they are liable to be fined up to £2,500 — and failing to display signs attracts a fine of up to £.1,000.
It's not yet clear if such notices will have to be displayed in truck cabs. Unlike Ireland the Scottish approach may allow some flexibility, so if there's another employee in the cab it will be an offence to smoke, but if the driver is alone it may be allowed. "We just don't know yet," says a spokeswoman for the Scottish Executive."We will only know when we come to write the regu lations, possibly at the beginning of February. The draft will then be put out to consultation and will hopefully be implemented in 2006."
Phil Flanders, regional director of the Road Haulage Association in Scotland, is sceptical:"It will be difficult to tell the 20,000 or so Scottish lorry drivers who smoke that they should stop. As far as we know the ban will not include cabs" Andrew Black, director of Andrew Black Haulage in North Berwick, says that he already has a no-smoking policy in the office: "Drivers are allowed to smoke in cabs at the moment but I don't anticipate any problems implementing the new legislation."
Shelters for smokers Another large Scottish operator also has a nosmoking policy in place: "Bus shelters are provided outside the workplace for smokers. There is no smoking in the workshops, as a smoking room is provided. Drivers are allowed to smoke in cabs, but not in cabs where the customers' rules prohibit smoking for whatever reason."
However, another Scottish operator disputes that the cab is a workplace for the purposes of the legislation: "It's a driver's home for the week. A ban in the cab is not appropriate."
For England and Wales the government has announced a public health white paper that proposes to end smoking in "enclosed workplaces" by the end of 2008. Consultation will take place with employees and trade unions on impl ementation, and the ban will be supplemented by advice and support for workers who want to quit smoking.
Some workplaces will be exempted, such as prisons and hospices but it is not known if this will include truck cabs. The Department of Health says that it will be working out the relevant definitions early this year, in time for the egislation to be drafted by November. •