Risk, Health and Safety Information

HSE and smoke free legislation

HSE is not responsible for enforcing the legislation but will fully support Local Authority officers both in raising employers’ awareness of their responsibilities and in encouraging employers and employees to comply with the new legislation above. HSE inspectors will bring matters of concern to the attention of the employer, particularly if it involves a number of smokers or if there is a failure to display warning notices. Should the employer resist acting on this advice, the inspector will then bring the matter to the attention of the appropriate local authority. Any complaints received by HSE about the smoking ban will be referred to the appropriate local authority.

HSE will also support the new legislation by sending out flyers, and work in partnership with local authorities on health promotional matters as appropriate.

Premises exempt from smoke free legislation

Health and Safety legislation will continue to require employers, in premises permitted exemptions under the smoke-free law, to reduce the risk to the health and safety of their employees from second hand smoking to as low a level as is reasonably practicable.

In exempted premises, HSE will continue to promote a sensible, proportionate management of second hand smoking to as low a level as is reasonably practicable and to encourage employers to adopt smoking policies in the workplace which give precedence to the wishes of non-smokers not to be exposed to second hand smoking.

Even with new smoke-free legislation, HSE’s advice on protecting employees from the effects of second hand smoke remains unchanged in that:

1. Employers should have a specific policy on smoking in the workplace.
2. Employers should take action to reduce the risk to the health and safety of their employees from second hand smoke to as low a level as is reasonably practicable. 
3. Smoking policy should give priority to the needs of non-smokers who do not wish to breathe tobacco smoke.
4. Employers should consult their employees and their representatives on the appropriate smoking policy to suit their particular workplace.