Frequently asked questions

In 2004 the UK Scientific Committee on Tobacco and Health concluded that environmental tobacco smoke is a serious public health risk. Existing Health and Safety laws offered some protection, however new legislation was needed to ensure that workers and the general public were better protected from it. This resulted in the passing of the Health Act in 2006 and associated legislation in Northern Ireland and Wales.

2. Will the ban affect my workplace?

Yes. If your workplace premises are wholly or substantially enclosed it applies to them. The ban also applies to most work vehicles. (For further details on vehicles affected see question 10 below).

3. What do the terms ‘wholly enclosed’ and ‘substantially enclosed’ mean?

These are legal definitions. They relate to an area with a ceiling or roof which, except for doors, windows and passageways, is either wholly enclosed (whether permanently or temporarily), or is enclosed apart from an opening which is less than half the area of its walls.

4. How will the smoking ban affect my workplace?

The law requires all enclosed public places, including workplaces, to be smoke-free. In practice this means that you, your staff, customers and visitors will not be allowed to smoke in any enclosed areas in your workplace, including work vehicles.

5. What will I need to do to comply with the smoking ban?

Employers, managers and those in control of workplaces are required to:

Display ‘No-Smoking’ notices,
Take steps to ensure that staff, customers and visitors are aware of the new law, and
Ensure that no-one smokes in the enclosed areas of their premises.

6. My workplace has designated smoking room. Isn't this enough?

No. Only a total ban on smoking in all enclosed areas will reduce exposure to environmental tobacco smoke. This means that workplaces will no longer be allowed to have smoking rooms.

7. My workplace is well-ventilated. Surely that provides protection from environmental tobacco smoke?

No. There is no safe level of exposure to environmental tobacco smoke.

Ventilation systems improve air quality but do not eliminate dangerous chemicals such as toxins or carcinogens from the air.

8. My workplace is already completely smoke-free. Will I have to do anything?

Yes. You have a duty to comply with the law. (For further details see question 5 above)

9. I have a very small business and only 1 employee smokes. Will the law still apply?

Yes, if your business is wholly or substantially enclosed then the law applies to you.

10. Does the law apply to work vehicles?

Yes, vehicles that are used to transport members of the public, or are used for work by more than 1 person are covered by the law. They must be smoke-free and display appropriate signage.

11. Where and when do I need to display ‘No Smoking’ notices?

To comply with the law your workplace must display ‘No Smoking’ notices in a prominent position at or near to each entrance to your smoke-free premises.

These should be displayed before the date The Smoking Ban becomes law:

In Wales this date is 2nd April 2007.
In Northern Ireland this date is 30th April, and
In England this date is 1st July

In addition your workplace must also display ‘No Smoking‘ notices in all work vehicles affected by the ban. These must be displayed in a prominent position in each compartment of the vehicle that is wholly or partly covered by a roof.

12. What will the notices look like?

Notices for Premises

The minimum signage requirements in each country differ slightly.

In England:

The sign must be flat, rectangular and at least 148mm by 210mm (A5).
Display the international no smoking symbol at least 75mm in diameter.
Carry the words ‘No smoking. It is against the law to smoke in these premises’. (There is some flexibility allowed in the wording and ‘these premises’ may be substituted with ‘this gym’, this bar’, this salon’, etc).
The signage must be in English to comply with the law, although premises may display additional notices in other languages to promote compliance.

Regulations allow certain premises (e.g. care homes, hotels etc) to have designated smoking rooms. In these cases the wording of the sign must be ‘No smoking. It is against the law to smoke in these premises except in a designated room’

In Wales:

The sign must be flat, rectangular and at least 160mm by 230mm.
Display the international no smoking symbol at least 85mm in diameter.
Carry the words ‘Mae ysmygu yn y fangre hon yn erbyn y gyfraith / It is against the law to smoke in these premises’.
The signage must be in Welsh and English to comply with the law, although premises may display additional notices in other languages to promote compliance.

The regulations regarding premises with designated smoking rooms have yet to be defined.

In Northern Ireland:

The signage requirements for premises have yet to be defined.

Notices for Vehicles

To avoid complications when traveling, signage requirements in smoke-free vehicles will be the same in England, Wales and Northern Ireland. These conform to what is required in Scotland too.

For vehicles, the minimum requirements are for a sign that consists of the international no smoking symbol at least 75mm in diameter. As long as the minimum requirements are met there is flexibility allowed in the design of these notices.

13. Who will enforce the law?

Specially designated local authority officers will enforce the law. They will have powers to enter premises to establish that the law is not being broken. They will also be able to give out fixed penalty notices to people they believe are committing, or have committed an offence under the legislation.

14. Do I have to provide external smoking shelters for staff who smoke?

No. However, you may want to. It is recommended that when you devise and implement a Smoke-free Policy for your workplace, you discuss with your staff how best to meet their needs under the new legislation. If your staff want help to stop smoking it is recommended that you offer a smoking cessation programme such as Quit@Work™.

15. I want to provide smoking shelters in my grounds where my staff can smoke. How should I go about this?

You need to ensure that your shelters comply with the law, and that they are not ‘wholly’ or ‘substantially enclosed’ as defined by the legislation. (See question 3)

You are advised to seek legal and local planning advice on this issue, in case your shelters need planning or building consent.

Your Smoke-free Policy should detail when staff may use these shelters. It is recommended that staff only use the shelters during tea and meal breaks to minimise disruption to the work routine.

16. Are there any exemptions to the law?

A few exemptions are allowed, mainly to cover workplaces which are also a person's place of residence. These include:

Designated rooms in adult care homes and hospices.
Designated rooms in psychiatric hospitals and units.
Designated hotel bedrooms.

17. Where can I find out more about the smoking ban in the different countries?

Three websites exist to provide specific help and guidance about the ban in England, Northern Ireland and Wales.

	www.smokingbanwales.co.uk
	www.smokefreenorthernireland.com
	www.smokefreeengland.co.uk

There is also a Smoke-Free England Information line available, 8am – 6pm Monday to Friday. Telephone 0800 169 1697.

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