New regulations to prohibit smoking begin this July. But what should under-resourced small businesses do? Adrian Waters has some useful tips. Businesses that operate cars or vans and fail to prevent smoking in their vehicles could face fines up to L2500 from 01 July.

This is when new legislation to ban smoking in the workplace comes into force in England.

It’s possible that the lack of a dedicated fleet manager could leave small businesses, in particular, at risk of falling foul of the law.

Bans on smoking in the workplace are already in force in Scotland, Northern Ireland and Wales.

The legislation will see vehicles also included as a workplace. So businesses need to ensure that they are prepared to communicate and enforce these changes. Or risk litigation or fines.

We’ve put together some top tips to help small businesses out.

Top tips for implementing the new smoking ban

• Both employees who smoke and employers who fail to enforce the smoking ban can face fines under the new proposals
• Businesses need to communicate these changes in the law and outline the penalties and disciplinary action for drivers who break the law, both verbally and in writing
• Non-smoking signs of at least 70mm in diameter must be displayed in a visible position in every vehicle affected by the legislation
• Company vehicles that are enclosed, used by more than one employee, or by a member of the public require signs. However, as SMEs are likely to use vehicles through cash-for-car schemes, or personal cars for business – this may require further clarification
• If a car purchased through a cash-for-car scheme is solely used by an employee for personal activities, it is exempt as it is not defined as a place of work
• If a car is private, but is used on business and there is more than one person on board, then the vehicle requires a sign and penalties for smoking can be enforced

Failure to implement this new legislation could leave businesses susceptible to litigation claims for employees who feel their health has been put at risk through inhalation of second-hand smoke.

Although the smoking ban is potentially difficult to police in vehicles, businesses need to have policies in place to support the ban and to ensure that these policies are communicated to employees with a full explanation of the penalties for breaching the ban.

Further information

• See an additional Special Report, ‘Countdown to the smoking ban’, for more help at
  www.businessmotoring.co.uk.