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It is against the law to smoke in the workplace in England. In this article, we explore what is required of employers, and how the rules benefit the health, safety and welfare of employees.

What is smoke-free legislation?

There are numerous regulations in place in the UK that make smoking against the law in the workplace and within enclosed public places. These regulations make up the ‘smoke-free legislation'.

Specifically in England, the key guidance is the Smoke-free (Premises and Enforcement) Regulations 2006. Appropriate signage has to be displayed to comply with the Smoke-free (Signs) Regulations 2012.

The legislation means that smoking is not allowed in the majority of indoor places, other than private homes. This extends to workplaces and vehicles used for a commercial purpose.

Breaching the rules can result in a fine of up to £2,500 if employers fail to stop people smoking, or up to £1,000 if appropriate no-smoking signs are not displayed. Local authorities are responsible for enforcing the rules.

The smoke-free legislation does not make it illegal for people to smoke outside, either in the grounds of a workplace, or offsite. However, it is down to the individual employer to decide whether to allow smoking in their grounds.

Exemptions to the rules do exist, however, and these are set out in the Smoke-free (Exemptions and Vehicles) Regulations 2007. For example, certain bedrooms in hotels may be designated as allowing smoking, and resident-only indoor smoking rooms can be designated within care homes and hospices.

How does prohibiting smoking support health and safety?

Non-smokers count for around 85% of all adults, and are the people who benefit most from smoke-free workplace legislation.

By banning smoking in the workplace, non-smoking employees are protected from the harmful effects of passive smoking.

When someone is smoking, much of the smoke is not inhaled but instead is dispersed into the air, where it is inhaled by others. Smokers also exhale smoke, which again is inhaled by others. This is known as ‘second-hand' smoke.

For the majority of non-smokers, exposure to second-hand smoke can be at the very least unpleasant. But worse than that, it can cause long-term ill-effects.

The NHS has identified that people who breathe in second-hand smoke on a regular basis are more likely to suffer similar diseases as smokers, including lung cancer and heart disease. What's more, pregnant women exposed to passive smoke are more prone to premature birth, and their babies are more at risk of low birthweight and cot death.

Smoke-free legislation also benefits smokers. There is evidence to suggest that it helps some people to smoke less, and others to give up altogether.

How can employers help employees give up smoking?

Providing employees with assistance to give up smoking is good for their health, and could also enhance overall business productivity.

Those who stop smoking will generally benefit health-wise. There is also evidence to suggest that employees who give up smoking take less sick leave, as well as reclaiming time day-to-day that would otherwise be spent taking smoking breaks.

A British Heart Foundation study estimated that smoking costs British businesses around £8.4 billion per year in lost productivity of smokers who disappear for a cigarette for 10 minutes, and that smokers take on average an extra 0.7 sick days each.

It is recommended that employers encourage and support employees who wish to stop smoking, advising them to seek help from their GPs, attend NHS smoking cessation services, or referring them to an occupational health service, if available.

Employers can help further by organising awareness campaigns, and by linking smoking policies with staff health and well-being programmes.

Are employers required to allow smoking breaks?

Employers are not law-bound to allow employees to take smoking breaks. However, there is nothing to stop employees using their official breaks to smoke outside or offsite should they wish.

Some employers do allow additional breaks for smoking, however, but it can cause unrest amongst non-smokers who feel they are not being treated equally in terms of break time.

A workplace smoking policy is essential to make the position on smoking breaks clear to everyone.

Must employers provide a dedicated outside smoking area?

There is nothing in the smoke-free legislation which dictates that employers must allow smoking on their grounds.

Some employers create outside smoking shelters to provide smokers with a dedicated place to smoke, but this is not a requirement.

Where employers allow smoking in workplace grounds, it is recommended that it is limited to dedicated smoking areas.

Considering the pros and cons of allowing smoking onsite is important. Whilst it may be popular amongst smokers, it can be seen by others as an unsociable and unhealthy habit. It may also lead to issues such as littering and potential fire risks.

Where a smoking area is provided, steps should be taken to make sure that smoke does not drift into buildings, to ensure visitors and the general public are not inconvenienced, and to make sure that fire risks are minimised.

Smoking should not be permitted close to building entrance and exit points, and care should be taken to situate smoking areas away from flammable materials.

Smoking shelters are legal providing they are not "substantially enclosed" as defined in the regulations. A smoking shelter that is overly enclosed doesn't just breach the regulations, but will also present a health and safety hazard to users.

When undertaking a risk assessment of an outside smoking area, it is important to bear in mind the potential for discarded smoking materials in terms of their risk in starting a fire.

There should be dedicated receptacles for cigarette ends that are distinct from those used for general waste. These receptacles should be cleaned regularly and the smoking area checked for litter.

Is there any Health and Safety Executive guidance on smoking at work?

The Health and Safety Executive (HSE) is not responsible for enforcing smoke-free legislation. However, their inspectors will raise any concerns to employers, and will refer any instances to the appropriate local authority should an employer fail to act on the advice given.

Despite smoke-free legislation being in place, the HSE advises that employers should have a specific policy in place on smoking in the workplace, with the aim of protecting employees from the effects of second-hand smoke.

The HSE states that policies should prioritise the needs of non-smokers who do not wish to breathe in tobacco smoke. Employers are also advised to consult their employees and their representatives on the appropriate smoking policy to suit their individual workplace.

Where exemptions are allowed, the HSE reminds employers that health and safety legislation still requires them to minimise any risks to employees from second-hand smoke to as low a level as is reasonably practicable.

Is smoke-free legislation set to change?

Currently, there are no plans to extend the smoke-free workplace regulations. However, all parts of the UK have strategies in place to extend protection from second-hand smoke, and to reduce the numbers of people who smoke.

Strategies include: 

• Strict controls on the sale of tobacco to young people
• Restrictions on tobacco advertising
• Increasing taxation on tobacco
• Reducing tobacco smuggling and illicit sales
• Increasing NHS smoking prevention support
• Expanding smoke-free bans

Professional bodies such as the Royal Society for Public Health are calling for local authorities to establish more "smoke-free communities". These are places where smoking is banned in spaces such as the immediate vicinity of schools and colleges, in parks, outside pubs, around sports stadiums and leisure facilities, on beaches and in public squares.

In summary

Smoke-free legislation makes it illegal to smoke in workplace premises and in enclosed public places in the UK. The aim of the legislation is to protect non-smokers from the dangers of ‘second-hand' smoke.

Despite smoke-free legislation being in place, the HSE advises employers to have a specific policy on smoking in the workplace which prioritises the needs of non-smokers.

Risk assessments should be carried out of any outside smoking areas provided, taking into account potential fire hazards, and the potential for second-hand smoke to affect non-smoking employees, visitors and the general public.