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emmalee | 11:33 Thu 21st Jun 2007 | Law
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My husband is self employed, and is the only person that works in his workshop. The public occaisionally enter the premises, if he puts a sign on the door saying 'no admittance to unauthorised persons' can he still smoke in his premises without breaking the law?
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i'm not 100% sure but i doubt it very much as it's a place of work
Tell him to puff away and just go outside if he has to see a client. Talk about a military state lol
In scotland it would still be against the law if it is a place of work... even if he made deliveries in a van that no-one else was ever in he would (theoretically) not be allowed to light up in it! Am an ex-smoker myself and even I feel this has all gone too far.
Health Act 2006, Part 1, Chapter 1, Paragraph 2 (2) [my italics]:

"Premises are smoke-free if they are used as a place of work-
(a) by more than one person (even if the persons who work there do so at different times, or only intermittently), or

(b) where members of the public might attend for the purpose of seeking or receiving goods or services from the person or persons working there (even if members of the public are not always present)."

As I read the legislation, your husband can smoke in his workshop (as long as he ensures that nobody else enters it).

Chris
Buenchico, what does that mean for company car drivers? If they are the only person present does that mean they can smoke?
For Agamad:

Quote:
"Where a vehicle is used for work by more than one person, regardless of whether they are in the vehicle at the same time, it will be required to be smokefree at all times. This protects all who use the vehicle from harmful secondhand smoke, regardless of when they use the vehicle.

Smoking will be permitted in vehicles that are for the sole use of the driver and are not used as a workplace by anyone else, either as a driver or passenger."

Source:
http://www.smokefreeengland.co.uk/faq/vehicles .html

Chris

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