Businesses Need to Take No Smoking Laws More Strictly
Smoking in a public vehicle is an offence. According to the law, enclosed vehicles that are used for public or work purposes must not be smoked in. If a member of public uses it, irrespective of whether it is used free or for payment of money; or if it is used by more than one person in the course of work, whether honorary or paid; the users or drivers cannot smoke in it. The minimum fixed penalty for such an offence is £50 and the fine can go up to £200.
However, professional drivers often do that and their employers usually do not pay attention to it. Now the HSE is warning the employers to pay attention to it as the driver can be fined for the same.
In a recent case, a cab driver Paul Dalgleish was repeatedly found to be smoking in his car. He drives a hackney carriage, and was found smoking in the cab in October 2009 by an enforcement officer when there were no passengers. However, this was not his first offence. It was found that he had received two warnings before this and was thus ordered to pay a fine of £50. He failed to pay the fine and was therefore brought before Carlisle Magistrates’ Court in March 2010.
He however failed to appear before the court. As a result, the court gave an ex parte judgment and fined him £200. He was also ordered to pay £75 as costs and £15 victim surcharge.
The law also prescribed fines for failing to put up a no smoking sign and for failing to ensure that there is no smoking in the buildings or vehicles that are no smoking zones.
Employers need to be aware of important health and safety issues and remain up-to-date on the current regulations and law associated with Health and Safety. NEBOSH and IOSH training cover a complete range of courses specialising in employment law, health and safety and premises management. For professional consulting and support from qualified health and safety consultants refer to the Workplace Law Group.
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