Solicitors' warning over impending smoking ban

9:35am Tuesday 6th June 2006

NORTH-EAST businesses could be leaving themselves open to the risk of legal claims by not implementing smoke-free policies, a law firm is warning.

Experts at Dickinson Dees say businesses could be wide open to legal action, particularly in the light of legislation expected to come into force next year.

The law firm, which has offices in Newcastle and Teesside, said the Health Bill 2006, which bans smoking in the workplace and enclosed public spaces, could put companies in a vulnerable position as few are prepared for the far-reaching consequences the legislation could have.

In light of this, Dickinson Dees is urging North-East businesses to act now to protect themselves and the health of their employees, avoiding a rush to implement the rules when they take effect.

Under the provisions of the Health Bill, employers have an obligation to provide a smoke-free place of work for the benefit of employees, and members of the public who have access to company premises.

Claire-Jane Nicol, partner in the employment team at Dickinson Dees, said: "This legislation is expected to come into force next summer, and we are strongly advising our clients to act now in advance of this.

"Employers should have an awareness of their legal position and filter this through to their workforce.

"Training is vital to protect against costly claims for failing to provide a safe working environment."

She said that organisations wanting to implement a smoke-free policy needed to

* Inform employees of the plan to implement a smoke-free policy

* Consult the workforce and trade unions

* Publish a draft written policy and invite feedback from workers

* Set up a working party;

* Consider how visitors to the premises will be told there is a policy and how it will affect them

* Set out a written timetable for the start of the smoke-free policy

* Publicise the disciplinary measures which will be implemented if employees fail to comply with the policy

* Update the policy annually, if necessary, and at least review the effectiveness of it.