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Smoking ban will be disruptive
Page 30
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AN EMPLOYEE HAS the right to enjoy a smoke while on a rest period or overnight stop, should he or she wish toThe current transport legislation defines a rest period or a break as a period of time during which drivers are freely able to dispose of their time as they wish.
Health and safety legislation compels the employer to protect employees and non-employees in equal measure. By banning smoking in vehicle cabins, how long is it before sickness rates increase among smokers who have to move out of the vehicle cabin in all weather conditions to have a smoke?
By removing ashtrays that have been fitted by the manufacturer, the employer is creating a fire-hazardous environment for which they can be prosecuted.
Banning smoking without adopting a recognised, structured programme of support for the affected smokers could make an organisation or employer liable under human rights legislation for depriving them of their rights to partake in a legal activity while not at work.
If the government had declared all tobacco products illegal, none of the above would be a concern and all operational and contractual problems would have been avoided.
These issues and many others will he tested in the courts by the police and other officials, and legal precedents will be set, costing large amounts of money and administrative time while affecting the morale of the smoking workforce.
Professional drivers will, as in the past, deal with and adapt to the new legislation and move forward. However, a small minority have been handed a golden opportunity to disrupt organisations and businesses by a well-intentioned but illogical piece of legislation.
Martin Barnes Somerset