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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