Smoke Free England - The
Health Act 2006.
The Smoke Free legislation comes into
force on the 1st July 2007. The intent of the
legislation is to protect people from the exposure of second hand smoke.
Second hand smoke is the smoke given off by the burning end of a cigarette,
cigar or
pipe - and the smoke exhaled by a smoker.
Tobacco smoke contains over 4000 chemicals including over 40 which are known to
cause cancer.
Second hand smoke does not just affect smokers, it affects anyone who breathes
it in.
If you have ever been in a smoky environment and felt your eyes start to sting
or your throat become sore, these are the short term side effects of second hand
smoke exposure.
The long term effects of exposure include increased risk of developing:
- Heart Disease
- Lung Cancer
- Asthma, and other respiratory illnesses.
Smoke Free legislation in England will cover all workplaces and public places
which
are enclosed or substantially enclosed, and used as a place of work by more than
one person.
Smoking rooms will no longer be allowed and will need to be removed before
legislation comes into force in Summer 2007.
"Substantially enclosed" means rooms which have a ceiling or roof, and any
openings in the walls smaller than half the total area of walls.
Smoking will be permitted in outside shelters which are not substantially
enclosed. However, there is no obligation for a workplace to provide a
smoking shelter for smokers.
Employers who do wish to provide smoking shelters may need to ensure that they
comply with planning permission.
To comply with the legislation employers and managers MUST ensure that their
buildings and vehicles are smoke free. Proposed regulations state that "No
Smoking" signs will need to be displayed at public entrances to buildings so
that are visible. The signs must meet the following standards:
- A5 in size
- Include the international red "No Smoking" symbol and the words: "No Smoking.
It is against the law to smoke in these premises".
The legislation will also cover the vast majority of work vehicles, including
those that are privately owned but are used for work purposes, these will have
to be free from smoke at all times.
All work vehicles will need to display "No Smoking" signs visible to anyone
entering the vehicle. Only vehicles only ever used by one person will be
exempt from legislation.
Some workplaces where people also live are exempt from the legislation.
These include prison cells, hospices, and long stay residential homes.
However, these exempt workplaces will only allow smoking in designated rooms
which must meet strict specifications.
Local councils will designate enforcement officers who can issue fixed penalty
notices. The penalties are:
- Failure to display minimum "No Smoking" signs: £200 Fixed Penalty.
- Smoking in a smoke free place: £50 Fixed Penalty.
- Failure to prevent smoking in a smoke free place: Up to £2500 (decided by a
court, not a Fixed Penalty notice).
The "human rights" of smokers to choose to smoke where they like has been
questioned. Freedom of choice is no longer a right if that choice affects
the health of others. We all have the right to breathe clean air.