On February 14th 2006, the House of Commons voted by an overwhelming majority on a Free Vote, in favour of legislation to end smoking in almost all workplaces and enclosed public places. The Health Act 2006, which contains the smokefree provisions, received the Royal Assent on Wednesday 19th July. The Government has said smokefree legislation will come into effect in England on 1st July 2007. Legislation covering Wales will come into effect on the 2nd April 2007, and 30th April in Northern Ireland. Similar legislation is already in effect in Scotland.

Meanwhile, while we wait for the legislation to be brought in, many people are still being exposed to other people’s smoke at work. About two million people in England and Wales work in places where smoking is allowed throughout, and ten million more in places where smoking is allowed somewhere on the premises. Waiting until the last minute to implement a policy in the workplace will continue to expose workers to the dangers of secondhand smoke and this could result in legal action against employers from anyone who is made ill as a result.

To protect staff and customers from the dangers of secondhand smoke (SHS), employers should look at adopting an early smokefree workplace policy.

Why adopt a smokefree policy?

 The purpose of having a smokefree policy is to deal with the issue of smoking in a professional and effective manner. 

The main purpose will be to ensure that:

·         all parties including smokers and non smokers have a clear understanding of their rights and obligations;

·         the workplace complies with relevant legislation; and

·         the policy minimises the negative impact of tobacco use on the organisation.

The health effects of secondhand smoke

There is no safe level of exposure to secondhand smoke. Ending smoking in workplaces and enclosed public places protects non-smokers from health damage caused by such exposure. The scientific evidence that SHS is a danger to health is now clear and overwhelming. It was summarised in the November 2004 report to the Department of Health from the Scientific Committee on Tobacco and Health (SCOTH).

SCOTH concluded that “knowledge of the hazardous nature of SHS has consolidated over the last five years, and this evidence strengthens earlier estimates of the size of the health risks. This is a controllable and preventable form of indoor air pollution. It is evident that no infant, child or adult should be exposed to SHS. This update confirms that SHS represents a substantial public health hazard.”  SCOTH estimated the increased risk of heart disease in non-smokers exposed to secondhand smoke at 25%, and the increased of lung cancer at 24%. SCOTH also noted that “some groups, for example bar staff, are heavily exposed at their place of work”.

Certain population groups are particularly vulnerable to the health effects of secondhand smoke in the workplace: pregnant women, people with existing heart disease and those with asthma and other respiratory disorders.

According to Asthma UK :

·         There are 5.2 million people in the UK with asthma.  In surveys, 82% (the equivalent of 4.3 million people) have reported that secondhand smoke makes their asthma worse.

·         Secondhand smoke is known to trigger asthma, and exposure to secondhand smoke at work doubles the chance of an adult developing asthma.

·         Secondhand smoke is the second most common asthma trigger in the workplace.

Secondhand smoke worsens the symptoms of asthma and undermines the effectiveness of asthma medication. There is also growing evidence that smoking is a primary cause of asthma in adults and young people.

Professor Konrad Jamrozik of the University of Queensland estimated in a paper published in the British Medical Journal that exposure to secondhand smoke in the workplace causes 54 premature deaths each year among hospitality industry employees– or more than one a week - and about 600 deaths each year across the UK in all occupations.  This is more than three times the number killed each year in industrial injuries and accidents. [1]

Protection of employee welfare  

The results from a 50 year study show that about half to two thirds of all lifelong cigarette smokers will be eventually killed by their habit. [2] Death is usually due to one of the three major diseases caused by smoking ‑ lung cancer, chronic obstructive lung disease and coronary heart disease. Many who suffer from these diseases experience years of ill‑health and subsequent loss of productivity. A Danish study concluded that smokers face a significantly higher chance of early retirement due to chronic disease. [3]

Exposure to other people’s tobacco smoke can cause fatal/serious conditions, in addition to more minor conditions, such as irritation, sore eyes and throat, distraction and smelling hair and clothes. Though the latter are more ‘minor’, they may reduce productivity and create resentment among non-smokers.  Employers take care to provide good working temperatures, adequate lighting, and comfortable workstations and so on. The provision of clean air is a logical and necessary extension of the duty to improve working conditions.

Non smoking employees typically appreciate not being exposed to smoke in the workplace, and smoking employees may appreciate quitting assistance provided by an employer. Such goodwill may translate into lower turnover of staff and greater productivity.

The best way to implement a smokefree workplace policy is to start planning now. Smokefree workplaces will protect employees from secondhand smoke, present a more business like work environment and save the organisation money. Using the smokefree policy template on this website in place will ensure your organisation is compliant with any smokefree workplace rules or regulations, before the proposed implementation date of Summer 2007, while your competitors could still be at the beginning stages.

Legal opinion on date of guilty knowledge

In 1997 J Melville Williams QC wrote a legal opinion on SHS (or ETS) in the workplace for ASH. He stated that:

“… it seems to me … that this concentration of knowledge is now so well known that no one who is responsible for work places in which smoking takes place can say they were unaware of the risk which can no longer be regarded as just a nuisance or merely a question of comfort. As Law et al say the effect of ETS in the work place "is not trivial" and "is a serious environmental hazard", the consequences can be fatal. On the other side of the equation, action to reduce or eliminate the danger, steps to avoid the exposure of non smokers can easily be taken and in most cases will not be very expensive.” [4]

Melville Williams also states that individual employees who are at particular risk, for example if they have asthma or an existing heart condition, could seek a court injunction against an employer who fails to prevent their exposure to tobacco smoke in the workplace.

The legal opinion also shows that from now on it will be easier to sue an employer for damage to health arising where tobacco smoke has been a contributing factor.

Some such cases have already come to court. Michael Dunn developed asthma due to exposure to secondhand smoke in the workplace and was awarded £50,000 in compensation. Karen Whitehead was awarded £17,000 in compensation for unfair dismissal when she was prevented from doing her job due to secondhand smoke. [5]

Going smokefree is not bad for business

The Chief Medical Officer, Sir Liam Donaldson, commissioned the Economics and Operational Research (EOR) Division of the Department of Health to conduct an economic analysis to assess the costs and benefits of England going smokefree. Their findings are summarised in Table 1.

Table 1 - Costs and benefits for employers and employees by legislating to introduce smokefree workplaces:

Production gains for businesses going smokefree are estimated at between £340 million and £680 million per year and reduced absenteesim as saving the business between £70 million and £140 million a year. The economic experts calculate the overall benefit in monetary terms of going smokefree as between £2.3 billion and £2.7 billion per year and this does not take into account the monetary gains from the fall in smoking prevalence that was predicted by the Wanless report as 4%. [6]

Smokefree legislation in Ireland

The One-Year Review of Smokefree Workplaces in Ireland showed there has been general compliance (estimated at well over 90%) with smokefree workplace legislation. Support has been widespread, covering all types of employers, managers, proprietors, employees and the general public, both smokers and non-smokers.

The high rate of compliance with the smokefree legislation in Ireland is translating into better air quality in workplaces. A study of 40 pubs throughout Dublin city and county assessed the levels of air pollution in pubs before and after the introduction of the smokefree law. The results from 24 bars, where exposure levels pre and post the law have been analysed, show that there has been a significant reduction in particulate levels in pubs following the introduction of the smokefree law. [7]

A study carried out at the Respiratory Laboratory in St James’s Hospital, Dublin, confirms the reduction in second-hand smoke exposure at work by documenting a marked decrease in carbon monoxide (CO) in bar workers. Carbon monoxide is a poisonous gas produced when cigarettes are burned and is linked to heart attacks and breathing failure. [8]

Smokefree legislation in Scotland

In Scotland , comprehensive smokefree legislation came into effect at 6am on 26th March 2006. Polling evidence already shows strong support for the legislation. For example, a major poll reported by The Publican website on 27th April 2006 [9] showed that:

·         69% of pub-goers agree with the smoking ban in Scotland .

·         25% said they had gone to the pub more often since the ban, compared to 20% saying they had been less often.

·         61% said they were more likely to eat in a pub after the ban.

Conclusion

Smokefree legislation is good for business and good for health. But there is no need to wait for the Health Act to come into force. Employers can protect themselves and help their workforce by deciding to go smokefree early.

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