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SMOKING AND USE OF MOBILE PHONES IN COMPANY CARS

27th March 2007

With all the publicity surrounding the introduction of the ban on smoking in public places in Wales from 2 April 2007 and in England from 1 July 2007, you may think compliance will be easy. However, employers should note that the meaning of work places extends for these purposes to the use of company cars.

The new law will require vehicles to be completely smoke free at all times if they are used either to transport members of the public or, if they are used in the course of work by more than one person (regardless of whether they are in the vehicle at the same time). Therefore, if an employer operates pool cars or any company vehicles which are likely to be used by more than one colleague, such vehicles should remain smoke free. One way around this legislation (albeit potentially costly and impractical!) would be to ensure that company vehicles are no longer “confined spaces”. If your company vehicle has a roof that can be stowed or removed, such vehicle does not need to be smoke free when the roof is completely removed or stowed. It will not be possible to simply argue that all members of a particular car pool scheme are smokers, wherever a vehicle is going to be used by more than one person, the smoking ban applies.

It will also be necessary for any smoke free company vehicles to display a no smoking sign in each compartment of the vehicle in which people can be carried. This must show the international no smoking symbol no smaller than 70mm in diameter. These signs can be ordered by visiting www.smokefreeengland.co.uk.

So what happens if you get it wrong? Both employees and the employer can be liable to a fine. In the case of employees, this can be a £30 fixed penalty notice fine if paid in 15 days or a £50 fixed penalty notice if paid within 29 days and if a court awarded fine, up to £200. As for the employer, if you fail to display the required no smoking signs, you may be subject to a fixed penalty notice of £150 if paid in 15 days or £200 is paid within 29 days. A court awarded fine could go up to £1000. Ultimately, if an employer fails to take reasonable steps to prevent smoking in a smoke free area (including company cars) the Court awarded fine could be up to £2500.

With the smoking ban to shortly become law across England and Wales, we would advise that now is the time to look at updating your company car policies to include express reference to smoking and the use of mobile telephones in company cars and don’t forget to obtain the necessary no smoking signs to display in company vehicles (or alternatively, convert your company car fleet to convertibles!).

For further advice and assistance on the above or in respect of any employment law matter then contact Kate Catherall (partner) of Aaron & Partners on 01244 405555 or visit www.aaronandpartners.com