News on 7 September 2000

A code of practice for passive smoking

The Health and Safety Commission (HSC) proposes the introduction of an Approved Code of Practice (ACOP) for passive smoking in offices. Bill Callaghan, chair of HSC, says the Commission had carefully considered the different options, including continuing with a voluntary approach, before deciding that the best way of protecting the three million people still exposed to environmental tobacco smoke was through an ACOP.

He also says the aim of the Code is not to ban smoking in workplaces, but to recognise the need to protect those workers exposed to environmental tobacco smoke. The ACOP will require some businesses to invest in measures that assist them in meeting its requirements, but HSC believes this will be expenditure worthwhile.

Authoritative guidance on employers’ obligations would be given under health, safety and welfare law. Failing to follow the Code would not be an offence in itself, but an employer would have to demonstrate practical methods of controlling environmental tobacco smoke.

A consultation document including a draft ACOP was issued in July last year. The three month response period that followed showed that 83% favoured the ACOP, 5% thought there should be a stronger regulation and 12% rejected the Code.

The ACOP would be issued under the provisions of the Health and Safety At Work Act 1974. Ministers will now make the final decision based on recommendations from the commission.

Jessica Jarlvi

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