If staff smokes inside a works van, are they breaking the Law?
If more than one person uses the vehicle, then the answer is 'No'. Where a vehicle is used as a workplace by more than one person, regardless of whether they are in the vehicle at the same time, it must be smokefree at all times. This is designed to protect shift and other workers using the same vehicle from the hazards of secondhand smoke. The penalties for breaking the law are substantial, Smoking in a smoke-free place could result in a fixed penalty of £50 (reduced to £30 if paid in 15 days) or £200 fine awarded by a Court. It is however, illegal to smoke at any time in a works van in Wales.
The Penalties
The authorities are likely to take the ban seriously and employers that fail to comply with the law can expect the following penalties:
For smoking in a smoke-free premises or vehicle: fixed penalty notice of £50, fine of up to £200
For failing to display no smoking signs in smoke-free premises and vehicles as required by the legislation: fixed penalty notice of £200, fine of up to £1,000
For failing to prevent smoking in a smoke-free premises or vehicle: fine of up to £2,500
