Second-hand Tobacco Smoke in the Workplace

The workplace legislation which was introduced on July 1 2007 was based on the premise that every worker has a right to carry out their job without fear of injury or death.

The fact was that each year in Liverpool around 100 non-smokers were dying as a direct result of being exposed to second hand tobacco smoke. For many that exposure occurred in the workplace.

An investigation by health campaigning charity Action on Smoking and Health (ASH) revealed the national annual workplace death toll caused by second-hand tobacco smoke claimed the lives of 900 office workers, 165 bar workers and 145 manufacturing workers. None of these workers had ever smoked.

This was compelling evidence, which proved that introducing smokefree policies into the workplace would not only improve the working conditions of staff but also save lives.

A series of court and tribunal cases had already indicated that employers must consider the presence of smoke in the workplace and the effect of exposure to second-hand tobacco smoke. Failure by an employer to minimise second-hand tobacco smoke could allow a non-smoker to leave the workplace and claim constructive dismissal.

Breaches of the legislation now leave an employer open to action, while employees who infringe the law could also face legal action, as well as risks to their employment.