The 2006 Health Act will ensure that smoking is banned in the vast majority of public places and workplaces by the middle of next year. Among other regulations, the Health Act makes provision for workplaces and enclosed public places to be smoke-free. It will be a criminal offence to smoke in a smoke-free place. Employers and others who manage smoke-free premises must put up no-smoking signs or face criminal sanctions.

According to recent surveys, most employers are convinced they are already compliant with these new rules. The majority are mistaken and the penalties for non-compliance are high; should employers fail to prevent employees from smoking in banned areas they risk penalties of up to £2500.

Aside from some industry specific regulations on smoking and an implied duty to control passive smoking at work under the Health and Safety at Work Act 1974, there is no current legal requirement to restrict or ban smoking in the workplace (save for in Scotland). Under the new rules, smoking areas for employees must be completely removed. Even employees who take cigarette breaks outside their workplace could find that these areas fall within the ban.

At this stage it is planned that company vehicles are also to be included in the smoking ban in England and Wales. For example, a taxi company would have to ensure that all drivers are aware of the new regulations and ensure that their vehicles remain smoke free even when the driver is alone.

Employers should do the following:

• Make the necessary changes to the office smoking policy having consulted employees
• Ensure that all current policies on smoking at work give priority to the needs of non-smokers
• Advertise the new smoking policy three months before it comes into effect so that the transition is not too abrupt
• Display no smoking signs
• Good practice recommends that employees should be given every encouragement by their employer to give up smoking