Example Smoking Policy
This assumes smoking restrictions already exist in the factory and offices

1.	The Company already operates smoking restrictions within the premises and from 1st July 2007, it is against the law to smoke in enclosed or substantially enclosed public spaces, and this includes Company vehicles
    
2.	The means that the Company’s smoking policy as it relates to its buildings will not change fundamentally.   In that respect, smoking within the factory or the offices is strictly forbidden.   This applies to all employees as well as customers, suppliers, contractors and other visitors

3.	Appropriate no-smoking signs are clearly displayed at entrances to and within the premises 

4.	Smoking will still be permitted outside of the building in the open air*.  The Company’s fire risk assessment has concluded that smoking represents an avoidable source of ignition, and for this reason it must not be within X metres* * of the building or any waste containers.  Smoking near the building could also permeate through open windows or doors and discomfort visitors entering or leaving

5.	The new law means that smoking in all Company vehicles is not permitted from 1st July 2007, and this applies even if the vehicle’s only occupant is the driver.  Appropriate no-smoking signs are displayed in each compartment of Company vehicles     

6.	A breach of the no smoking policy is a disciplinary offence which depending on the circumstances could give rise to disciplinary action up to summary dismissal without notice for gross misconduct.  In addition those who do not comply with the smoke free law may be liable to a fixed penalty fine and possible criminal prosecution 

7.	For those employees who would like to give up smoking, the NHS offers a range of services.  Visit smokefreeengland.co.uk or call the NHS Smoking Helpline on 0800 1690169.  Alternatively, you can text ‘GIVE UP’ and your full postcode to 88088 to find your local NHS Stop Smoking Service

Notes for employers:
·	* If you consider there is a shelter where employees may smoke that does not meet the definition of enclosed or substantially enclosed spaces specify it.  Alternatively, if you do not consider there is such a place specify this fact.  ‘Premises are enclosed if they have a ceiling or roof and (except for doors, windows or passageways) are wholly enclosed wither on a permanent or temporary basis.  Substantially enclosed is where there is a ceiling or roof but with an opening in the walls, which is less that half the total area of the walls.  The area of the opening does not include doors, windows or any other fittings that can be opened or shut
·	* * insert appropriate distance
·	Also, you may wish to consider to provide appropriate containers for disposing of cigarette butts as the DTI are planning to widen the range of premises that face street litter controls and this would require certain employers to clear smoking litter from their premises or face potential fines of £110 for street litter
·	Smoking in workplace premises or work vehicles attracts a fixed penalty notice of £50 (reduced to £30 if paid within 15 days) imposed on the person smoking OR a maximum fine of £200 if prosecuted and convicted by a court – breaches of the law may be reported on 0800 587 1667 
·	No smoking signs have to be internationally recognised and are available free of charge through www.smokefreeengland.co.uk