Since 1 July 2007 the law required smokefree environments in virtually all enclosed workplaces and public places in England.

Below are some frequently asked questions about the legislation:

What workplaces will be covered by the legislation?

The legislation covers all premises, which are wholly or substantially enclosed, and used as a place of work by more than one person. Smoking rooms will no longer be allowed. Essentially it ensures that almost all workers, regardless of their place of work, will be protected from the risks to health of exposure to tobacco smoke and guaranteed the right to smokefree air.

What does 'substantially enclosed' mean?

Premises/structures will be considered substantially enclosed if they have a ceiling or roof, and the openings in the walls are less than half the total area of the walls. Roofs and walls include any fixed or moveable structure or device, e.g. retractable canvas awning, capable of covering all or part of the premises. Smoking will be allowed in shelters which are not substantially enclosed.

What does the smokefree legislation mean in practice?

Employers, owners and managers must ensure their premises are smokefree and are correctly signed with legally compliant ‘no smoking' signs. To meet this legal requirement signs should be:-

• Displayed at each public entrance to the premises
• In a position that is prominently visible to persons entering the premises
• Are A5 (148mm by 210mm) in size
• Include the international red "no smoking" symbol and the words: "No smoking. It is against the law to smoke in these premises."

What about vehicles?

Vehicles used at a workplace by more than one person, regardless if they are not in the vehicle at the same time, will also have to be smokefree at all times. This is because tobacco smoke is absorbed into soft furnishings and stays around for weeks long after a cigarette has been stubbed out. All work vehicles will need to display 'no-smoking' signs, unlike for premises these are 70mm in diameter and display the international no smoking symbol.

Are there any exemptions?

Certain establishments where people live and which are also workplaces e.g. prison cells, hospices and long stay residential homes. However this does not mean that smoking is allowed throughout the premises. Instead, in premises with exemptions, employers will have to identify 'designated smoking rooms' which meet the following specifications:

• Is completely enclosed, except for windows/doors, on all sides by solid floor to ceiling and walls
• The ventilation system does not ventilate into any other smokefree part of the premises
• If a door opens onto smokefree premises, it can be closed by mechanically means to prevent smoke drift
• Is clearly marked as a room in which smoking is permitted

It is up to the management of individual buildings to decide if visitors will be allowed to access smoking rooms. The exemption exists for residents only and therefore should not be used by staff. There is no obligation for employers of exempt places to have 'smoking rooms' if they do not wish to do so.

Will employers be required to provide smoking breaks and external smoking areas?

By law, employers must give staff an uninterrupted rest break of 20 minutes when their daily working time is more than six hours. Staff can, of course, smoke during their rest period, if they choose, but they must not smoke in an enclosed or partially enclosed area. As an employer you must decide whether or not to permit smoking elsewhere on your premises e.g. in open car parks, grounds, or shelters and you should indicate where smoking is allowed in your smoking policy. The TUC (Trades Union Congress) has published guidance on negotiating smokefree workplaces, see the Smokefree website. There is no legal requirement for employers to provide designated external smoking areas, e.g. smoking shelters.

What about entrances to buildings?

Outside areas are not covered by the legislation. However employers may want to consider making it a policy that smoking is not permitted within a certain distance from outside entrances, if possible, so that staff and visitors do not have to walk through a cloud of smoke to get into the building.

What are the penalties for non compliance?

Each Local Authority will identify enforcement officers, e.g. Environmental Health Officers, who will be authorised to issue the following penalties. The final penalty amount will be decided by a Court rather than the Local Authority:-

• Failure to display minimum no smoking signs: up to £1000 or a fixed penalty notice of £200
• Smoking in a no-smoking place: up to £200 or a penalty notice of £50
• Failing to prevent smoking in a smokefree place: up to £2500

What help is available to make my business smokefree?

• Phone the Smokefree England Information Line 0800 169 1697 and register for the latest updates and FREE resources.
• Information on smoking policies and how to go smokefree can also be found at the Smokefree website or by emailling the Environmental Health Team.