Smokefree Workplaces

I am an employer preparing to implement the ban on smoking in my workplace. Am I obliged to provide an outdoor smoking facility?
No. The most effective way of reducing employees’ exposure to environmental tobacco smoke at work is to ban smoking in all areas of the workplace. Employers should consider this option first and, unless it is not reasonably practicable to do it, this should be the preferred course of action.

Any outdoor facility that may be provided is at the discretion of the employer and is subject to the requirements of the legislation.

I am an employer preparing to implement the ban on smoking in my workplace and am currently arranging for the provision of outdoor smoking facilities in the car park - is there a minimum distance which these facilities must be from the building?
While there is no legislative provision in this regard, you must ensure when planning your outdoor smoking facility that its location is such that the risk of the migration of smoke into an enclosed workplace is eliminated or minimised.

I am an employer preparing to implement the ban on smoking in my workplace. I want to prepare a policy. Where should I start?
Preparing a policy on the protection of employees, service users, customers and visitors from exposure to passive smoke is vital in order to ensure compliance with legal obligations and to ensure a safe working environment.
Your policy should reflect your commitment to fostering an environment free from passive smoke, and should outline, for example, the people involved in implementing the policy, the procedures for educating staff in relation to the policy and the sanctions involved where the policy is breached.

The policy should be tailored to suit the individual needs of your workplace but a model policy document which will help you to draft yours is available on page 5 of the Smoke Free at Work Information leaflet. These can be viewed or downloaded from www.smokefreeatwork.ie

What is the situation regarding company cars?
In accordance with the legislation, smoking will not be permitted in any enclosed workplace, subject to certain exemptions. A car is an enclosed space and is not exempted under the legislation. As such, company cars would be included in the definition of places which must be smoke-free. If your company provides company cars, then these should be dealt with in your smokefree policy.

I have read the Smokefree at Work Information leaflet, but am still confused as to the type of outdoor smoking facility I should have erected. Also, have minimum dimensions for such shelters been specified?
Exemptions from the ban reflect two distinct situations

a place or premises, or a part of a place or premises, that is wholly uncovered by any roof, whether fixed or movable.

In this situation there is no reflection on type or minimum dimensions and it can be accepted to include yards, gardens and other roofless (but otherwise enclosed) area at a place of work. However an occupier must take into account issues such as assuring the necessary protection of employees who may have to do any kind of work in these areas and also ensure that if doors, windows, sliding or folding windows or doors or other fenestrations form any part of the border to the roofless space, all necessary precautions must be taken (by closure or otherwise) so as to prevent the migration of smoke into an enclosed workplace.

an outdoor part of a place or premises covered by a fixed or movable roof, provided that not more than 50 per cent of the perimeter of that part is surrounded by one or more walls or similar structures (inclusive of windows, doors, gates or other means of access to or egress from that part).

In this situation there is no reflection on type as the key issue is to provide for necessary ventilation of such part of a place or premises by having at least 50 per cent of the perimeter of that part (not including the roof or any doors, windows, sliding or folding windows or doors or other fenestrations that have the ability to be closed) not enclosed in any way. However an occupier must take into account issues such as assuring the necessary protection of employees who may have to do any kind of work in these areas and not increase the risk of exposure to ETS of employees using that part of a place or premises. It is also important to ensure that if doors, windows, sliding or folding windows or doors or other fenestrations (including ventilation intakes) form any part of the border to such part of a place or premises, all necessary precautions must be taken (by closure or otherwise) so as to prevent the migration of smoke into an enclosed workplace.

Am I obliged to allow my staff longer smoking breaks now that they have to leave the building to smoke?
No. Breaks are governed by the Organisation of Working Time Act 1997. In accordance with this Act, rest breaks of 15 minutes must be provided where more than 4½ hours have been worked or of 30 minutes where more than 6 hours have been worked. There are differences for shop employees and where Labour Court approved collective agreements are in place. See the Department of Enterprise, Trade and Employment ‘Guide to Labour Law.This provision is not affected by the ban on smoking in the workplace.

Where should I go for assistance to quit smoking?
Information and support for those wishing to quit smoking is available from various sources. Some of the better known sources are set out below:

Action on Smoking and Health (ASH) of 5 Northumberland Road, Dublin 2 or http:www.ash.ie
The Irish Cancer Society have a help line at 1850 201 203 and a website at www.irishcancer.ie

The Irish Heart Foundation have information on their website atwww.irishheart.ie/
The web-site of the Office of Tobacco Control is www.otc.ie
The Department of Health and Children have websites at www.doh.ie/ and www.healthpromotion.ie and www.smokefreeatwork.ie