Lawyers issue signal on smoke

1 min read

Company cars are likely to become smoke-free zones under new health legislation being introduced in 2007. Legal experts at EEF South, which represents employers in London and the South East, say that businesses could face prosecution under the new Health Act if they allow drivers to smoke in company vehicles shared by colleagues.

The new regulations, due to come into effect in July, prohibit smoking in ‘substantially enclosed’ areas – and fleets of cars run by businesses are likely to fall within this net. “If employers allow employees to smoke in company-run vehicles shared by colleagues, then they will be opening themselves up to prosecution and potentially high fines,” says Meredith Thomson, a lawyer with EEF South. “Employers might be better off including such vehicles within a policy of a complete smoking ban covering company premises and using the next six months to consult with workers on the implications of the changes. “What is also certain about the new regulations is that dedicated ‘smoking rooms’ will no longer be permitted – and smoking ‘shelters’ outside will need to be located away from buildings and consist of no more than a roof and one side wall,” says Thomson.