Smokefree and the Health Act 2006

Getting help and advice on how to comply as a business

If you are an employer or own or manage a building that is open to the public you are required by law to ensure that it is smokefree. This includes company vehicles.

Smokefree Vehicles - What does the Health Act say?

Vehicles that must be smokefree:

• vehicles hired to transport members of the public like coaches
• vehicles used to transport members of the public which they have paid to use such as public transport and taxis
• vehicles driven by more than one worker whether they are paid to do so or are voluntary like company vans and charity minibuses
• vehicles which are pool cars and are used for general work use
• a rental vehicle delivered to a customer by a rental company employee.

For all these situations, the vehicle is considered smokefree because it is a 'place of work' and must display a no-smoking sign.


Vehicles that do not have to be smokefree are:

• vehicles that are privately owned
• vehicles that are hired for long-term personal use
• used as a convertible, open top tour buses and cars don't need to be smokefree either.

In the first two examples, the vehicle doesn't have to be smokefree because it is only used in connection with its owners personal work and can be occasionally used to transport colleagues.


What are the offences?

• Failure to display correct no-smoking signage
• smoking in a smokefree place
• failing to prevent smoking in a smokefree place.

For all these cases regulatory officers from the council will issue a verbal warning in the first instance and help those involved to reach compliance. If this fails, written warnings will then be issued. If that does not work, then a fixed penalty notice can be served. It is however important to note that in the case of failing to prevent smoking in a smokefree place, after the final warning, legal proceedings will begin.

If a person is seen smoking in their work vehicle the council can contact your company and find out who was driving and the company will be required to pass over the information.

The Health Act 2006 recognises a person's right to be protected from second hand smoke which is why it extends to vehicles that people have to share.

Many of you have already taken on board what you need to do but if you still need help please contact us on 020 8430 2000 or email healthworks@newham.gov.uk for all your compliance needs:

• legal signage requirements
• planning requirements for proposed external smoking areas
• enforcement guidance
• smokefree policies and statements
• applying for the National Clean Air Award

For further information about the legislation, visit the Smokefree England website.

The health and safety team may also be able to assist

Address:
Health and Safety Enforcement
3rd Floor West Wing
London Borough of Newham
Newham Dockside
1000 Dockside Road
London
E16 2QU

Telephone: 020 8430 2000
Textphone: 020 8430 2412
Fax: 020 8430 4434
Email: health.safety@newham.gov.uk