Liz Bunting, legal adviser, at Associa Health & Safety Service believes that employers not introducing their own policy to control smoking in the workplace risk leaving the floodgates open to a tide of compensation claims from employees past and present.
To help small businesses put a smoking policy in place, Liz Bunting has outlined a five point guide to introducing controls [see notes for editors].
Liz Bunting said:
ìEmployers must ensure as far as reasonably practicable the health, safety and welfare at work of all their employees under section 2 of the the Health and Safety at Work Act 1974. This means that if a risk can be demonstrated from working in a smoky environment, the employer must take action.
ìUnder the Workplace (Health, Safety and Welfare) Regulations 1992, employers also have to ensure that there are arrangements to protect non-smokers from discomfort caused by cigarette smoke in rest areas.
ìThousands of businesses have introduced policies on smoking in the workplace with the agreement of their employees. An effective policy on smoking at work will not only protect non-smoking employees, but should also protect businesses from compensation claims.
ìBusinesses not having a policy on smoking in operation risk costly court cases. Civil claims for compensation arising from passive smoking in the workplace have been successfully pursued.
ìEqually risky for employers is introducing a complete ban on smoking overnight, as this action could infringe employment rights. Employers should always consult their employees before introducing a policy and give plenty of notice before it comes into force.î
Associa Health & Safety Service provides employers with comprehensive assistance in ensuring their business is compliant with health and safety legislation. The service includes a comprehensive manual designed to guide businesses through health and safety legislation, unlimited telephone access to expert legal advisers, a CD-ROM containing key legal documents and a practical working file for businesses to log all of their completed risk assessment and COSHH forms.
Any organisations wanting to know more about their health and safety obligations should speak to Associa Health & Safety Service to find out how its team of legal experts can help on 0870 264 1122 (calls may be monitored or recorded) or log on to the Associa Health & Safety Service web-site
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