To provide and maintain a safe working environment which is, so far as is reasonably practicable, safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work. This act could be applied to a situation where an employer fails to take action to protect employees from passive smoking. 25 - place a duty on employers to provide suitable sufficient rest facilities at readily accessible places. Rest rooms and areas must include suitable arrangements to protect non-smokers from discomfort caused by tobacco smoke. Workplace Regulations Require that every workroom should be ventilated with adequate supplies of fresh or pure air.
Employers have a common law responsibility to provide a safe workplace and system of work.
This means that an employee can sue their employer for negligence if exposure to passive smoke at work damages their health. Contractual Issues 1. A school policy on smoking can and should be made clear in any job description and discussed at interview. The introduction of a smoking policy should not lead to discrimination which infringes equal opportunities practice. Breaches of a smoking policy need to be kept separate from disciplinary issues relating to a teachers performance of professional duties.