Under the smoke-free legislation, can an employer continue to provide a smoking room for employees, so long as no smoke enters the surrounding rooms and corridors?
The smoke-free legislation makes it clear that all enclosed or substantially enclosed public places and workplaces must be smoke free. This means that employers cannot have a smoking room for employees, or for anyone else.
In certain exempt premises, such as residential or care homes, it is possible to designate residents' bedrooms, or another room, as smoking rooms for residents. Bedrooms where smoking is allowed must be identified and recorded in writing. The record must be available for inspection by an enforcing officer. If a room other than a resident's bedroom is designated as a smoking room, this is the only purpose for which it can be used. It is also possible for establishments such as hotels and guesthouses to designate bedrooms as smoking rooms. A written record of these designated rooms must be kept and guests must be informed of the smoking status of these rooms.