HC Deb 17 March 2003 vol 401 c607W
Chris McCafferty

To ask the Secretary of State for Work and Pensions if he will introduce a levy on employers who permit smoking in the workplace. [99330]

Mr. Nicholas Brown

There are no current plans to do so. However, all employers have a duty under the Health and Safety at Work etc Act 1974 to protect the health, safety and welfare of their employees, and this duty includes any risks arising from passive smoking.

More specifically, the Workplace (Health Safety and Welfare) Regulations 1992 require employers to protect non-smokers from discomfort caused by tobacco smoke in rest rooms and rest areas. This means that employers must either provide separate rest rooms/areas for smokers and non smokers or prohibit smoking in rest rooms/areas.

The Health and Safety Executive has published free guidance which gives advice to employers on introducing effective smoking policies in the workplace.