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This summer, a new law will force most smokers to stub out their cigarettes for the last time at work. The changes mean that small businesses should start planning now to ensure that they fall in line with the new rules.
The legislation will cover virtually every enclosed public place, including offices, factories, pubs and bars and will force smokers to go outside if they want to light up. Employers will have to put up "no smoking" signs at the entrances to their workplace and in vehicles, or face a fine. "Smoking rooms" - special places for smokers to light up in - will be banned.
The changes follow the lead set by Scotland in March 2006. In England the smoking ban will come in to force in July 2007, while in Northern Ireland and Wales the new rules came into force in April.
Businesses already have a duty to protect their staff from passive smoking under the Health and Safety at Work Act 1974. And even if you are one of the few workplaces not covered by the new legislation you could still face claims that employees have suffered from secondary smoking.
But clearing the air at work can have a positive impact on business. A smoke-free environment can:
Negotiating a smoke-free policy
Turning your workplace in to a smoke-free building without upsetting smokers takes time and patience. One person should be clearly responsible for drawing up a smoke-free policy and making sure that it is working. If your business is big enough consider setting up a task force to write the policy. This should include both smokers and non-smokers.
Ask employees for feedback and keep an open mind about how you can improve the policy. The Trades Union Congress suggests drawing up a questionnaire to find out how many people smoke, the proportion who want to give up, attitudes to smoking and views on smoking breaks. Tell staff when the policy will start and consider introducing it gradually to meet the summer deadline.
Writing the policy
Start by telling staff why you're introducing the policy. ACAS suggests saying: "This policy has been developed in consultation with workers and their representatives to help provide a healthy, safe and comfortable environment."
Include a statement showing that the policy complies with the relevant legislation - depending on where in Britain you're based.
Be clear about where you can and cannot smoke. In most cases, for example, staff won't be able to smoke when they visit customers or suppliers. The new rules also apply to company vehicles - unless they are only ever used by one person with no passengers. Visitors and new members of staff should be told about your policy.
Stress that the policy applies to everyone and give the name of the person responsible for enforcing it. Tell staff what happens if they break the rules. You should have a clear and consistent disciplinary procedure and penalties that increase gradually. Dismissal should be reserved for repeated, or gross, misconduct.
The Government expects around 600,000 people to give up smoking as a result of the new law. Help your staff to quit by providing information about outside agencies and helplines to support them.
Making it happen
The person responsible for the policy must ensure that all managers and supervisors understand the policy and follow it.
Think carefully about where and when smokers will be able to light up and how long these breaks will last. Allowing staff to huddle in your car park or to shelter from the rain near the dustbins is not good for your image. In Scotland some businesses have built "smoking shelters". Decide what to do with ash and cigarette ends.
Avoid bad feeling by making it clear how long and how often smokers are allowed to take "fag breaks". Ensure that non-smokers know that they are entitled to breaks too.
Useful sites:
Acas
(Advisory, Conciliation and Arbitration Service)
Health and Safety Executive
The Trades Union Congress