Where employees are required to live on their employer's premises, are they permitted to smoke in the accommodation provided?
Under the Health Act 2006, there are a number of exemptions from the requirement that public places and workplaces be smoke free. Most of the exemptions arise from the fact that a person is sleeping or living in the premises. If an employee is provided with private accommodation in which he or she is required to live during the employment (eg a flat) this will be deemed a private dwelling. Private dwellings are normally exempt from the Health Act 2006, but employers should note that a private dwelling must be smoke free if: it is used solely as a place of work by more than one person who does not live in the dwelling; it is used solely as a place of work by a person who does not live in the dwelling and a person who does live in it; or it is used solely as a place of work by a person who may or may not be living there, who, in the course of his or her work, invites other people who do not live or work there into the dwelling. Certain types of work are not caught by this requirement, eg the provision of personal care or domestic and maintenance work.
Any part of a private dwelling that is shared with other premises must also be smoke free.