Q. We already have a no-smoking policy in place at our nursery, but is there anything else that we need to consider once the smoking ban comes into place?
A. The Health Act 2006 will effectively ban smoking in workplaces from 1 July 2007. While most nurseries will already be largely smoke-free, there are issues to consider about the new legislation.
Do your staff take smoking breaks? If so, do you have a policy to cover this? If staff take smoking breaks, where do they go? 'Enclosed' or 'substantially' enclosed premises must be smoke-free. 'Enclosed' premises are wholly enclosed (other than doors/windows). 'Substantially' enclosed premises have a roof/ceiling and an opening of less than half the area of the walls (other than shutting doors and windows). If staff smoke in areas which fall into either category, you will be in breach of the new law.
You also must display A5-sized signs in a prominent position at each entrance to a smoke-free premises, with a no-smoking sign and the words 'No smoking. It is against the law to smoke on these premises'.
What you need to do now is:
- Consider where, if at all, staff members smoke. Ensure these places are not wholly or substantially enclosed.
- Arrange for no-smoking signs to be displayed.
- Prepare an up-to-date no-smoking policy and consult with staff on it. Professional advice should be sought to ensure the policy is fully compliant with the legislation.
Failure to comply with the new legislation is an offence. Owners/managers may incur fines of up to £2,500 if someone is found smoking on the premises or up to £1,000 for failure to display signs.
The advice given in this column is for guidance only. Nursery World readers should not place reliance upon it or take action without obtaining further advice relating to their specific and individual circumstances.
Contacts
Christine Betts Veale Wasbrough Lawyers, Orchard Court, Orchard Lane, Bristol BS1 5WS, tel: 0117 925 2020, fax: 0117 925 2025, e-mail: cbetts@vwl.co.uk, website: www.vwl.co.uk
Nursery World If you have a question that you would like answered, write to Nursery World, Haymarket Professional, 174 Hammersmith Road, London W6 7JP, fax: 020 8267 8413 or e-mail: Ruth.Thomson@haymarket.com. All letters will be treated in the strictest confidence but only published questions will be answered.
