"That's the way to do it" - the Scottish smoking ban

Scottish workplaces have less than one month to comply with a smoking ban, reports Howard Fidderman.

While the Westminster government's attempts to ban smoking in public places were degenerating into political farce (see Smoking guns trigger Valentine's Day massacre over Labour's ban), Scotland was putting in place its own comprehensive ban, which will come into effect from 6am on 26 March. The ban will mean that - with a small number of exemptions - employers, workers, customers and visitors will not be allowed to smoke in premises in Scotland that are wholly or substantially enclosed. Existing "smoking rooms" will be prohibited, except in certain instances (see below), and even where premises are already smoke-free, employers will need to check that they are compliant with the legislation, particularly the requirements to display "no smoking" signs.

The Scottish ban is clearly important for HSB readers either based in Scotland or with outlets there. But it is also relevant for English workplaces: although there are differences between the two national approaches, they are in the detail, not the substance (see below). For the most part, English workplaces will have to follow an approach similar to that in Scotland, while employers with sites north and south of the border will, in any case, find it easier to implement a single, consistent approach.

Protecting the population

The Scottish Executive is clear that it has introduced the law "to protect people in Scotland from the harmful effects of passive smoking". It estimates that more than 13,000 people in Scotland die every year from the effects of smoking, including 1,000 deaths that could be attributed to breathing in other people's tobacco smoke (passive smoking, environmental tobacco smoke or second-hand smoke). It cites, in particular, a 2004 review by the Scientific Committee on Tobacco and Health that concluded that passive smoking was a serious public health hazard that increased the risk of lung cancer, heart disease and respiratory illness in adults, and caused several conditions in children.

The executive also refutes the oft-cited claim - heard until recently from ministers in the government at Westminster - that proper ventilation can eliminate the health risks associated with passive smoking: "Substantial evidence shows that ventilation systems only eliminate the smell and visibility of smoke - not the toxic carcinogens."

In January 2004, the executive published an action plan to control tobacco that included prevention work, education, communications, controls on sales, the expansion of high-quality cessation services and possible controls on smoking in public places. Consultation elicited 53,000 responses, with 82% agreeing that further action was needed to reduce exposure to second-hand smoke, and 80% supporting a law creating smoke-free enclosed public places, with few exemptions.

The Scottish Executive proposed a ban in the Smoking, Health and Social Care (Scotland) Bill on 17 December 2004. Scotland's MPs approved the Bill on 30 June the following year by a majority of 97 to 17, with Royal Assent following on 5 August 2005. Andy Kerr, Scotland 's health minister, is adamant about the benefits that the ban will bring: "Our country's health and productivity will improve and the incidence of smoking-related disease will fall as a result."

The ban

Part 1 of the Smoking, Health and Social Care (Scotland) Act 20051 introduces the ban, along with details on the display of "no smoking" signs, the offences and penalties, and the arrangements for enforcement. Other provisions, notably the premises that are included in, and exempted from, the ban, and signage specifications, are set out in the draft Prohibition of Smoking in Certain Premises (Scotland) Regulations 20062. There is general guidance available3, as well as specific guidance for the healthcare and local authority sectors4 and four sets of "frequently asked questions" (FAQs) for employers, sole traders, smokers and non-smokers5.

The legislation defines "smoke" widely to encompass "tobacco smoke, any substance or mixture that includes it or any other substance or mixture". "Smoking" means that a "person is holding or otherwise in possession or control of lit tobacco, of any lit substance or mixture that includes tobacco or of any other lit substance or mixture that is in a form or in a receptacle in which it can be smoked."

The ban applies to partially or wholly enclosed premises:

  • to which the public has access (regardless of payment, right or express or implied permission);

  • that are used wholly or mainly as a place of work;

  • that are used by, and for the purposes of, a club or other unincorporated association; or

  • that are used wholly or mainly for the provision of education, health or care services.

    Partially or wholly enclosed means a public place that has a roof or ceiling (permanent or temporary) and walls on at least half of its perimeter (see box 1). In practice, the ban applies to most workplaces and other public premises (see box 2), including work vehicles (light and heavy goods vehicles) and public transport (taxis, buses, trains and ferries).

    The ban applies to sole traders, even where they work alone and do not have any employees. It does not apply, however, to people who work from home, although national care standards require that children and young people under 16 are cared for in a "safe, smoke-free, pleasant and stimulating environment".

    Residential tolerance

    The ban will not apply in:

    residential accommodation (although where employees have to enter homes where people smoke, the executive advises that "employers should try to ensure that workers are not unnecessarily exposed to passive smoking in the course of their work");

  • adult hospices;

  • private vehicles (including company cars used for business purposes unless as a taxi); and

  • submarines and ships of the Royal Fleet Auxillary.

    In six instances, the person who manages or is in control of no-smoking premises ("the employer", for the purposes of this feature) will be allowed to designate "smoking rooms", providing that they:

  • have a ceiling and, except for doors and windows, are completely enclosed on all sides by solid floor-to-ceiling walls;

  • have a ventilation system that does not ventilate into any other part of the no-smoking premises (except any other designated rooms); and

  • are clearly marked as a room in which smoking is permitted.

    The premises that can have designated rooms are:

  • adult care homes (but not day care centres);

  • psychiatric hospitals and psychiatric units;

  • hotels, boarding houses, inns and hostels (bedrooms only - communal areas must be smoke-free);

  • detention or interview facilities;

  • offshore installations; and

  • laboratories.

    The guidance on exempted care sector premises reminds employers that designated rooms for smoking should be "only used on humanitarian grounds - so non-smoking patients, visitors and staff are not unnecessarily exposed to second-hand smoke".

    What to do

    Employers must take all "reasonable precautions" to ensure that employees, customers and other visitors do not smoke on their premises. The executive recommends that, as a "minimum", employers:

  • display "no smoking" signs in such a way as to make staff, customers and visitors aware that they must comply with the new smoking law (see box 3 and figure 1);

  • remove all ashtrays; and

  • develop and implement a smoke-free policy (see box 4) with staff to ensure that infringements by employees, customers, and club members are dealt with under agreed procedures. A model policy is set out in box 5.

    No smoking sign

    Where employers plan to provide outdoor smoking areas, they should consult their staff and take legal and local planning advice (although they do not have to make such provision). Where staff leave the building to smoke, the executive suggests employers provide stubbing-out bins and ensure that the area is safe (for example, is not isolated or poorly lit). The advice, however, is vague where employers wish to stop their staff congregating outside their premises to smoke, stating only where advice can be obtained from6 and that: "You may wish to discuss with your staff how best to meet your wishes, while acknowledging their needs. As a first step, review your existing smoking policy in consultation with staff."

    When smoking continues

    Where individuals smoke on enclosed premises, the employer or a manager should:

  • draw their attention to the "no smoking" sign, remind them they are committing an offence and ask them politely to stop smoking immediately;

  • explain that the organisation has a smoke-free policy that aims to ensure a healthy environment for staff and customers; and

  • advise the individuals that it is an offence for the owner or manager to allow smoking.

  • If the individuals are employees and continue to smoke, the employer or manager should:

  • ask them to leave the premises immediately (and, where relevant, advise them where they can smoke);

  • if the individuals still resist, implement the normal disciplinary procedure for anti-social behaviour or health and safety contraventions; and

  • maintain a record of all incidents and outcomes.

    If the individuals are customers, the manager should inform them that staff are obliged to refuse service if they continue to smoke. The manager should then follow the same three points above as for employees (although the procedure will be for dealing with anti-social or illegal behaviour, rather than disciplinary). Managers should contact the police where physical violence or intimidation is threatened or encountered.

    The FAQ advice further notes that, in terms of pubs: "The vast majority of the population are law abiding citizens and we envisage high levels of self-compliance … If you take all reasonable measures to prevent smoking and the customer will not extinguish his or her cigarette or leave the premises, you will not be liable under the legislation. There will also be a national call-line where you can report the incident."

    Punishing the perpetrators

    Local authority environmental health officers will enforce the ban and provide support to businesses. They will have discretion whether or not to apply fixed penalty notices at the time of the offence: the aim, the FAQs note, is "to be non-confrontational". Officers will have the power to enter premises: inspections can be proactive and part of a wider health and safety inspection (to determine compliance and provide advice) or can investigate a complaint. They may also use "more covert surveillance". A National Compliance Line will operate from 26 March. This will be charged at local rates and allow the public to report anyone smoking in enclosed public places. All complaints will be investigated.

    The sanctions are a:

  • £50 fixed penalty for individuals who smoke in non-smoking premises;

  • £200 fixed penalty for those in control of non-smoking premises for allowing others to smoke on the premises or for failing to display, or conspicuously display, "no smoking" signs; and

  • £100 fixed penalty for failing, without reasonable cause, to provide information to an enforcement officer.

    The £50 and £200 fixed penalties are discounted to £30 and £150 when paid within 15 days. A refusal or failure to pay a penalty, however, will result in a prosecution and a maximum fine of £2,500. Pubs that permit smoking on their premises may also lose their licence because a new licensing regime will take failure to comply with the law into account when making licensing decisions.

    There are defences where the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence to prevent a person from smoking on its premises, or where there were no lawful and reasonably practicable means to prevent a person from smoking. The due diligence defence applies also to a failure to provide a "no smoking" sign. The only defence available to persons caught smoking is that they did not know, and could not reasonably be expected to have known, that the place was a no-smoking premises.

    The Crown will not be criminally liable for any contravention, but the Court of Session can declare unlawful any act or omission of the Crown that would, were it not a Crown body, have been an offence.

    Directors face fines

    Using wording similar to s.37(1) of the HSW Act, the Scottish legislation also provides for the conviction of high-ranking personnel: where a corporate body (other than a council) has committed an offence with the consent, connivance or neglect of a director, manager, secretary or similar officer or any person purporting to act in any such capacity, that person will also be guilty of the offence (and punished accordingly).

    Similar provisions exist for:

  • councils (an officer or member of the council or a person purporting to act in any such capacity);

  • a Scottish partnership (a partner or a person purporting to act in such capacity); and

  • an unincorporated association (a person who is concerned in the management or control of the association, or a person purporting to act in such capacity).

    South of the border

    The Westminster government included its smoking ban in a wide-ranging Health Bill, which was introduced into the House of Commons on 27 October 2005. The Bill completed its Commons second reading on 29 November 2005 and its committee stage on 11 January, with the smoking provision unamended save for technical changes to do with merchant shipping7. The Bill had its report and third reading on 14 February, at which major changes were made (see below).

    The Bill's provisions are similar to the Scottish ban in principle and much of the detail, although there are several differences (see below). The essence of both bans is contained in primary legislation, with the detail set out in secondary Regulations. Unfortunately, the Regulations for England have not been published, although the government has provided some details in the consultation document and during the Bill's second reading and committee stages.

    The legislation for England and Scotland comprises a blanket ban with limited exemptions - mainly where the premises serve a residential purpose. Both use similar definitions of enclosed public premises and allow limited use of designated smoking rooms. The duties on employers and occupiers of premises and smokers - and the penalties - are similar, too. Both define smoking widely to encompass tobacco or other substances, and both cover voluntary and unpaid work.

    The most significant differences, until 14 February, had concerned the application of the bans in pubs and clubs (see below). There are other differences, however, that employers with workplaces in Scotland and England should be aware of:

  • the Scottish ban applies to sole traders, but in England the ban is limited to premises where more than one person works;

  • the Bill for England does not allow prosecution of directors and other senior managers where their organisation has been convicted of an offence, whereas the Scottish legislation contains an explicit prosecution provision;

  • the English ban applies only to premises when they are open to the public, whereas the Scottish ban applies at all times;

  • the English ban is likely to come into force in summer 2007 - well over a year after the ban in Scotland;

  • the English ban applies only to parts of the premises open to the public, whereas the Scottish ban applies to all parts of the premises;

  • England offers fixed penalty notices in terms of smoking only, whereas Scotland offers them additionally for failures to display signs and stop a person smoking;

  • the maximum fines in England for failures to display "no smoking" signs and enforce the ban (£1,000 and £2,500 respectively) are higher than those in Scotland (£200 for each offence); and

  • there are minor difference in the defences available to duty holders.

    Pubs and clubs

    Following the report and third reading stages of the Westminster Bill, the principal differences between the two bans no longer exist. Whereas the ban in Scotland always was going to apply to pubs and clubs, that in England until 14 February had exempted private clubs and provided for Regulations that would allow smoking in pubs that did not serve food.

    Staff smoking guidelines

    Although the English consultation on the proposals found that nearly all respondents, including pubs themselves, dismissed an exemption for pubs as ridiculous and unworkable, the government nevertheless pushed ahead and included it in its Bill (despite announcing on 17 October 2005 a comprehensive ban in Northern Ireland, and the intention of the Welsh Assembly to follow suit). Nor did it amend it at committee stage, and it was only on 11 January - during the last day of the committee's scrutiny of the Bill - that the government conceded that it would give Labour MPs a free vote on whether to extend the proposed smoking ban to all pubs and clubs in England (see Smoking guns trigger Valentine's Day massacre over Labour's ban).

    Whose human rights?

    The Scottish Executive rejected the idea that a ban in clubs would constitute an infringement of a smoker's human rights under the European Convention of Human Rights. Its FAQ site advises that: "As action is being taken to protect public health, it is important to include club premises that are wholly or substantially enclosed within the scope of the law. Members and staff of private clubs deserve the same protection from the detrimental health effects of passive smoking as anyone else." The Department of Health was unable in committee stage to explain why the situation for workers in clubs in England should be any different, and the secretary of state for health, Patricia Hewitt, was still arguing on 13 February for an exemption for clubs (although one day later she voted against such an exemption).

    The Westminster parliament's Joint Committee on Human Rights raised similar issues, but from the perspective of the non-smoker. In a report published on 11 January on the compatibility of the Health Bill with the Convention8, it argued that although the Convention does not impose a positive obligation on the state to introduce a total prohibition of smoking, it is at liberty to do so provided that in doing so it does not act incompatibly with other human rights. But, even if a smoking ban is not "strictly speaking" required by arts. 2 and 8 of the Convention, the effect of art. 14 is that "if the state chooses to introduce one in order to protect life and health, it must not discriminate in the protection afforded to people without a reasonable and objective justification for doing so".

    The proposed exemptions from the ban of pubs that do not serve food and membership clubs, concluded the committee, "therefore raise an issue about discrimination in the protection of people's health and safety". Such exemptions have discriminatory effects because they treat:

  • employees at such premises less favourably than employees at premises that are not exempt; and

  • members of the public who attend such premises less favourably, "and this may be indirectly discriminatory on the basis of lack of wealth or social condition, because the evidence suggests that both pubs not serving food and membership clubs tend to be in the most deprived areas."

    The committee chair, Andrew Dismore, therefore asked Patricia Hewitt on 19 December 2005 for her justification of such discrimination. Although he sought a reply by 20 January, like everyone else, he first heard of her change of mind on 14 February - the day on which English MPs dug the government out of a hole that was entirely of its own making.

    1 www.opsi.gov.uk/legislation/scotland/acts2005/20050013.htm, asp 13, or ISBN 0 10 590087 7, the Stationery Office.

    2 www.opsi.gov.uk/legislation/scotland/ssi2006/draft/20069894.htm, or ISBN 0 11 069894 0, the Stationery Office.

    3 "Helping to get your business or organisation ready for the new law on smoking: a guide for employers, managers and those in control of premises", Scottish Executive Health Department, Tobacco Control Division, St Andrew's House, Edinburgh EH1 3DG, tel: 0131 244 5660, www.clearingtheairscotland.com; email: info@clearingtheairscotland.com. Help and support on quitting smoking are available from cessation services provided by local NHS boards: Smokeline will provide the nearest service, tel: 0800 848484, open noon to midnight, daily.

    4  Smoke-free Scotland: Guidance on smoking policies for the NHS, local authorities and care service providers (PDF format, 738K), December 2005, ISBN 0 9520673 5 8.

    5 www.clearingtheairscotland.com/faqs/index.html.

    6 National helpline, Scottish Centre for Healthy Working Lives, tel: 0800 0192211, or www.healthyworkinglives.com.

    7 The original Bill defined "vehicle" as "every type of vehicle, including train, vessel, aircraft and hovercraf". In committee stage, the government added technical provisions concerning s.85 of the Merchant Shipping Act 1985, with a parallel amendment about application to premises in territorial seas. The latest version of the Bill is available as: "Health Bill (as amended in standing committee E)", Bill 110, www.publications.parliament.uk/pa/pabills.htm. Committee debates: www.publications.parliament.uk/pa/cm/cmschealth.htm.

    8 "Legislative scrutiny: third progress report", Joint Committee on Human Rights, HL paper 96, HC 787, www.parliament.uk/parliamentary_committees/joint_committee_on_human_rights.cfm.

    Howard Fidderman is a freelance journalist and editor of HSB.


    Box 1: What is meant by "enclosed premises"?

    Section 4(2) of the Smoking, Health and Social Care ( Scotland ) Act 2005 states that "premises" include:

  • any building or part of a building;

  • any structure or part of a structure, whether moveable or otherwise;

  • any installation on land or offshore;

  • any tent, marquee or stall; and

  • any vehicle.

    The draft Prohibition of Smoking in Certain Premises ( Scotland ) Regulations 2006 state that premises must have a ceiling or roof (a "top" for vehicles) and, except for doors, windows and passageways, be wholly or substantially enclosed, whether permanently or temporarily.

    Premises are "substantially enclosed" if the opening in the premises has an area that is less than half of the area of the walls, including any other structures serving the purpose of walls, which constitute the perimeter of the premises. If there is more than one opening, the area is the aggregate area. Where an opening is in, or consists of the absence of, such walls or other structures or a part of them, their area must be measured as if it included the area of the opening. In determining whether premises are "substantially enclosed", no account is to be taken of openings in which there are doors, windows or other fittings that can be opened or shut.


    Box 2: No-smoking premises

    The Regulations classify 23 types of premises as "no smoking":

  • Offices, factories and other premises that are non-domestic premises in which one or more persons work

  • Public toilets

  • Club premises

  • Offshore installations

  • Shops and shopping centres

  • Restaurants

  • Premises providing care home services, sheltered housing or secure accommodation services and premises that are non-domestic premises which provide offender accommodation services

  • Conference centres, public halls and exhibition halls

  • Hospitals, hospices, psychiatric hospitals, psychiatric units and healthcare premises

  • Premises used as a broadcasting studio or film studio or for the recording of a performance with a view to its use in a programme service or in a film intended for public exhibition

  • Public transportation vehicles

  • Vehicles that one or more persons use for work

  • Halls and any other premises used for the assembly of members of the public for social or recreational purposes

  • Hotels

  • Sports centres

  • Public telephone kiosks

  • Educational institution premises

  • Bars and public houses

  • Premises used for, or in connection with, public worship or religious instruction, or the social or recreational activities of a religious body

  • Crèches, day nurseries, day centres and other premises used for the day care of children or adults

  • Airport passenger terminals and any other public transportation facilities

  • Cinemas, concert halls, theatres, bingo halls, gaming and amusement arcades, casinos, dance halls, discotheques and other premises used for the entertainment of members of the public

  • Libraries, archives, museums and galleries

    Source: Schedule 1 to the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006.

     


    Box 3: "no smoking" signs

    Businesses must display "no smoking" signs so that they can be seen and read by people in, and approaching, the premises. The signs must be protected against tampering, damage, removal and concealment. The minimum signage requirement is a "no smoking" notice that:

  • measures at least 230mm by 160mm;

  • states that the premises are no-smoking and that it is an offence to smoke there or knowingly to permit smoking there;

  • displays the international "no smoking" symbol (see figure 1), at least 85mm in diameter; and

  • provides the name of the person to whom a complaint may be made by anyone who observes someone smoking.

    The manager or person in control should decide on the number of notices required to make everybody on the premises aware that smoking is not allowed. Additional notices should comply with the last three of the four requirements above. A sign should also be displayed in a vehicle, again complying with the same three requirements (although omitting the 85mm minimum).

    Source: Healthier Scotland/Scottish Executive.


    Box 4: No-smoking policy guidelines

    The Scottish Executive recommends that employers implement a smoke-free policy1. This should:

  • be introduced with 12 weeks' notice;

  • be simple and concise;

  • identify the managers and staff responsible for implementing the policy;

  • state the procedures to be followed in the event of non-compliance;

  • acknowledge the right of employees to work in a smoke-free environment;

  • provide information on how to obtain help to stop smoking; and

  • be communicated to all staff (particularly to part-time and new staff before they start work).

    1 The Scottish Centre for Healthy Working Lives (incorporating Scotland's Health at Work) will provide advice on the policy: www.healthyworkinglives.com, or tel: 0800 019 2211.


    Box 5: Draft no-smoking policy

    Purpose

    This policy has been developed to protect all employees, service users, customers and visitors from exposure to second-hand smoke and to assist compliance with the Smoking, Health and Social Care ( Scotland ) Act 2005. Exposure to second-hand smoke, also known as passive smoking, increases the risk of lung cancer, heart disease and other illnesses. Ventilation or separating smokers and non-smokers within the same airspace does not completely stop potentially dangerous exposure.

    Policy

    It is the policy of [NAME OF BUSINESS] that all our workplaces are smoke-free and all employees have a right to work in a smoke-free environment. The policy shall come into effect on [DATE] and be reviewed on [DATE] by [NAME].

    Smoking is prohibited throughout the entire workplace with no exceptions. This includes company vehicles. This policy applies to all employees, consultants, contractors, customers or members and visitors.

    [IF THERE ARE EXTERNAL AREAS WHERE EMPLOYEES AND CUSTOMERS CAN SMOKE, THESE SHOULD COMPLY WITH THE LAW AND BE OUTLINED HERE]

    Implementation

    Overall responsibility for policy implementation and review rests with [NAME OF MANAGER OR PERSON IN CONTROL OF THE PREMISES]. All staff are obliged to adhere to, and facilitate the implementation of, the policy.

    [THE PERSON NAMED ABOVE] shall inform all existing employees, consultants and contractors of the policy and their role in the implementation and monitoring of the policy. [THE PERSON NAMED ABOVE] shall also give all new personnel a copy of the policy on recruitment or induction.

    Appropriate "no smoking" signs will be clearly displayed at the entrances to, and within, the premises.

    Non-compliance

    Disciplinary procedures will be followed if a member of staff does not comply with this policy. The procedures … should be followed if a customer, visitor or passenger does not comply. Those who do not comply with the smoking law are also liable to a fixed penalty fine and possible criminal prosecution.

    Help to stop smoking

    Support for smokers who want to stop will be provided from [LOCAL DETAILS].

    Sources of support are: Smokeline 0800 848484, www.hebs.com/tobacco; the public health department of your local NHS Board; or your local GP surgery. Contact details can be found in your local directory.

    Source: Healthier Scotland/Scottish Executive.


    Box 6: Pub case study

    The Scottish Executive/Healthier Scotland website, "Clearing the air", provides examples of 23 employers that have introduced smoking bans, two of which are reproduced below and in box 7.

    The Phoenix pub, Glasgow1

    "The Phoenix pub has been operating beside Queen Street station in Glasgow for more than six years and became Scotland 's first smoke-free pub when it introduced its no-smoking policy in March 2004.

    Manager Ross Duncan says the initial motivation for going smoke-free was commercial. It helped it to stand out from the crowd and provided a venue for those who enjoy their drink without the smoke.

    The idea was originally formed when customers queried the possibility of a smoking ban being introduced in Scotland, following no-smoking legislation being passed in Ireland and north America.

    According to Duncan, the pub has undergone quite a change since becoming smoke-free. He says they have noticed a turnover of customers in recent months, with the bar attracting a more varied clientele. Rather than just being a pub for commuters looking to have a pint and a cigarette before catching the train, staff at the Phoenix now see a mixture of shoppers, tourists and office workers who drop in to enjoy lunch, dinner or a restorative drink.

    Duncan says there has been a noticeable shift towards food sales since they introduced a ban on smoking. It helps to keep profits up and people enjoy eating in a smoke-free environment.

    They [converted] their upstairs function room around the same time as the no-smoking policy was introduced and now both floors of the pub are open to the public all the time. Food is served between midday and 8pm, and that has ensured a regular stream of customers.

    Because the pub is marketed as smoke-free, with a lot of signage in the windows and on point-of-sale products in the bar, there have not been any problems with customers not realising that they cannot smoke.

    People make a point of going to the Phoenix because it is smoke-free and they praise the smoke-free atmosphere.

    Duncan says that staff definitely prefer working in the smoke-free environment - even those who smoke.

    'I certainly prefer the atmosphere. I used to smoke myself and never used to consider the smoky air a problem, but I certainly prefer it now I've had a chance to experience it. We have regular staff nights out and when you go into nearby pubs that do allow smoking, you can tell the difference straight away. Now we have a smoke-free policy, I wouldn't choose to go back.'"

    1 www.clearingtheairscotland.com/case-studies/phoenix.html.


    Box 7: SME case study1

    "Smurfit Interlock is [a company] based in Port Glasgow, employing 48 full-time staff [as well as] temporary workers during busy periods. The company manufactures solid board divisions and layer pads to major blue chip companies, especially the distilled drinks industry.

    The no-smoking policy was introduced in 1995 when smoking was banned in office areas and the factory. An external smoking area was provided, although the company is now in the process of banning smoking anywhere on the grounds.

    The decision to have a no-smoking policy was part of a general move towards improving employee health and safety but was also taken in recognition of the dangers smoking presented to the industry in terms of fire risk.

    The introduction of the no-smoking policy was initially difficult as the majority of employees smoked at the time. [But] over time the workforce gradually accepted the new policy, helped by health and safety workers promoting the dangers of smoking.

    Today there are only a small number of employees who still smoke and the vast majority of them support the move for a complete ban. Nowadays, within the industry, customers expect a no-smoking policy to be in operation.

    In recognition of the new law effective from March 2006, the company is currently talking with staff who still smoke to encourage them actively to seek help or counselling. An initiative has also been launched where employees who smoke can be given nicotine replacement patches at work, as part of their attempts to quit.

    The no-smoking policy is demonstrated with clearly visible signs throughout all areas of the plant. All visitors are reminded of the policy through information printed on visitors' badges.

    Safety supervisor Frances Williams says: 'We accept we may never achieve zero smokers in the workplace, but by banning smoke breaks and smoking anywhere on site we will achieve zero smoking in the workplace. I would encourage other businesses to involve employees in the decision process and to provide employees who smoke with positive health care advice and help.'"

    1 www.clearingtheairscotland.com/case-studies/smurfit.html.