A workplace smoking ban
The government has issued and consulted on the Smoke-
free (Premises and Enforcement) Regulations 2006 (SI
2006/3368). These ban smoking in enclosed public places,
including most workplaces, on 1 July in England. The
Welsh ban came into force on 2 April 2007. The regula-
tions give definitions of ‘enclosed’ and ‘substantially
enclosed’ premises, together with requirements for dis-
playing no-smoking signs in smoke-free premises and
duties to prevent smoking in smoke-free vehicles, enforce-
ment by local authorities and the form of penalty notices
for offences.
As regards penalties, employees caught smoking in
regulated areas after the regulations are in force will face
a fixed penalty of £50. Those who pay within 15 days will
have the fine reduced to £30, but those who fail to pay
could face a fine of up to £200 and a criminal record.
Company cars must also be non-smoking if they are
likely to be used by more than one person, unless the car
is a convertible and the roof is open.
Drink and drugs in the workplace
As a result of the duties of care placed upon them by
statute and common law, employers must take reason-
able steps to ensure that their workers are not under the
influence of drink or drugs where it would create a risk
to the health and safety of others if the workers’ per-
formance was impaired in this way. Employees who are
under the influence of drink or drugs – or who fail to
report fellow workers who are – may also be in breach of
their own common law or statutory duties of care.
Except for these rather general duties, there is little
specific regulation in regard to drink and drugs in the
workplace, though there is some regulation in regard to
railways.
Abusive fellow workers – a health and
safety risk
The decision of the EAT in Harvest Press Ltdv
McCaffrey(1999) provides an unexpected application
of s 100(1)(d) of the Employment Rights Act 1996.
This states that it is automatically unfair to dismiss an
employee who has left his work because circumstances
of danger of a serious nature appear imminent, which
one normally associates with a health and safety risk.
The EAT upheld an employment tribunal’s decision
that the dismissal of McCaffrey after he left his work in
the middle of a shift because of the abusive behavi-
our of a fellow worker was automatically unfair within
s 100(1)(d). The subsection had a wide scope and was
without limitation and could cover any danger howso-
ever arising.The Health and Safety Commission and
the Health and Safety Executive
The 1974 Act establishes the above bodies and describes
their powers. Briefly, the Commission is concerned to
make codes of practice, assist and encourage research
and the availability of information and training, to recom-
mend to government areas in which new regulations are
required and what they should be and, as we shall see
below, to conduct inquiries.
The Executive is required, through its inspectors, to
enforce the provisions of the Act throughout the coun-
try by covering all industries.Investigations and inquiries
If there is, for example, a serious accident on a particu-
lar employer’s premises, then this part of the Act may be
brought into effect. It provides that whenever there has
been any accident, occurrence, situation, or other mat-
ter of any sort which the Commission thinks it necessary
or expedient to investigate, which includes the situation
where new regulations might be required, the Commis-
sion may:
1 direct the Executive to investigate and report; or
2 authorise another person, e.g. someone with particu-
lar expertise, to investigate and report; or
3 direct an inquiry to be held if the Secretary of State
agrees.
There is a provision that normally the inquiry is to
be held in public and regulations made dealing with
the conduct of inquiries include provisions giving the
person conducting the inquiry powers of entry and
inspection of premises, the power to summon witnesses
to give evidence or produce documents, and the power
to take evidence on oath and require the making of
declarations as to the truth of statements made.
The Act also provides that the Commission may
publish the report of the inquiry or part of it as it thinks
fit.
The investigations and inquiries referred to above are,
of course, a form of enforcement but in the main en-
forcement is through the powers conferred on the Com-
mission and the Inspectorate.Part 4Business resources