What are the restrictions on smoking at work?

On 1st July 2007 legal restrictions on smoking in workplaces and public places will be introduced in England. This follows similar legislation in Wales, Scotland and Northern Ireland.

The English legislation came about through the Health Act 2006, which effectively bans smoking in all enclosed workplaces and public places, with some exemptions. The detail of how this will be done is contained in regulations that were approved in early 2007. There is a new offence of smoking in a smoke-free place.

The smoke-free provisions of the Health Act cover not only tobacco in cigarettes, pipes and cigars but also herbal tobacco. These are all prohibited when lit, even if the person is not smoking at the time. So wandering through the workplace with a lit cigarette would be an offence.

Smoking is not permitted in any workplaces or public places which are “enclosed” or “substantially enclosed” This means premises that have a ceiling or walls at least half the way around, including doors and windows. The regulations also cover work vehicles, although there is an exemption for vehicles that are only ever used by one person with no passengers. It does not cover an employee’s own vehicle unless it is being used for hire or as a work vehicle by more than one person.