Q: I work in a small office of four people, three non-smokers and one heavy smoker (30-40 cigarettes during the working day). Despite the efforts of our MD, who is actually located in the Netherlands, of trying to implement a 'no smoking policy' in all offices (with locations provided for smokers), we are still subjected to this environment which gives us cause for concern. To make matters worse the UK director is also a smoker and so turns a blind eye to the situation, giving us nowhere to turn. I would be grateful if you could give me any information as to a possible smoking ban in the work place to be implemented in the near future. Nigel Bishop of EDP Health, Safety & Environmental Consultants replies: The Health & Safety Executive (HSE) proposed the introduction of an "Approved Code of Practice" regarding passive smoking in the workplace following the Department of Health's strategy to prohibit smoking in the workplace throughout the UK. Although the HSE is very much in favour of this strategy, the Health and Safety Commission is concerned about the impacts and effectiveness of enforcement regarding any antismoking regulation in the hospitality and small business sectors.
This proposed AcoP is therefore still in consultation stage and can be found at the URL: http://www.hse.gov.uk/consult/condocs/cd151.pdf
In the situation you outline it would be wise to start by seeking a friendly compromise. Try to explain the problem as you see it to your employer. There may be an approach that is acceptable to everyone, such as making a smoking room available. Try to offer positive solutions to your employer rather than just presenting them with problems
Point out to your employer that the medical evidence and advice on passive smoking has become much stronger in recent years. By showing that there have been recent developments, you are offering the employer a reason to reassess and change.
If tobacco smoke is making you feel ill, make an appointment to see your doctor. They may be prepared to write to your employer outlining how they believe passive smoking is affecting your health. This is particularly important if you are pregnant, suffer from asthma or have any breathing or heart problems.
As well as making your views known, keep a diary of the times and places that you have felt ill, or uncomfortable, as a result of other peoples tobacco smoke. This will help make your case clearer to your employer, and also to an industrial tribunal should things go further.
As the company already has a smoking policy that is being ignored - this may constitute a breach of your Contract of Employment or Terms & Conditions and should be drawn to the attention of your employer.
Make your employer aware of the existing law relating to rest areas (which must have non-smoking sections isolated from smoke) and adequate ventilation. Your employer also has an implied contractual obligation to provide conditions fit for you to work in - see the proposed Approved Code of Practice on passive smoking in the workplace. After the initial contact with your employer, ensure that communication is conducted in writing. Minutes should be kept at any meetings. Keep a copy of all letters, memos and minutes.
If all else fails, consider consulting a solicitor, preferably one with experience of employment law (most unions offer this service for free to members) to obtain a legal opinion as to whether your Contract of Employment or Terms & Conditions are being contravened. Many good solicitors will provide a short consultation, free of charge, to find out if your case is worth pursuing.
Q: I am starting a company that designs and manufactures street furniture such as benches and bollards for public places. Will I need to have public liability insurance? I have read other street furniture companies' Terms of Sale agreements, and in them it says that all liability of their products passes to the customer on delivery of the goods. Does this mean that I won't need insurance, I can just have the same clause in my trading agreement? Ollie Shaw of Logistics replies: By law, businesses that employs people must have employer's liability (EL) insurance. This usually comes with public liability (PL) insurance. EL insurance protects the business from claims made on it by its employees - very reasonable, as an unscrupulous employer may close the business to avoid paying a claim. PL covers any claims that the public may make on the business, such as a slate falling off the roof and landing on a member of the public, or a public visitor trips in the car park and sustains an injury. So PL is more to do with the operation of the business. Product liability is different - this is to do with the product, not the operation of the business. The enquirer is responsible for the product (street furniture) until it is passed to the customer. The enquirer will have to be clear about the point when liability is transferred - usually the point / time of delivery (often not when payment is made - which could be months later.) Up to that point, the enquirer is responsible for the product. Just imagine this: Street furniture is delivered to site (a street) to be installed by a contractor. The furniture is dropped by accident as it is unloaded and injures a member of the public. The installation contractor does not yet have liability (responsibility) for the furniture, but the enquirer does.
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