July 1st Smoking Ban?

Question

As the smoking ban in the work place thing is coming into force, i was wondering about the places i have to work in. I service and repair boilers and have to go into peoples homes, now as i see it , if i am working there then does that make the area where i am working a place covered under the new law. Some of the places i come out of i come out smelling like an ashtray, well nasty.

Answer 1

I think you should have the right to refuse to do the repair in a smokey house, because everyone has the right to a safe workplace.

Answer 2

Private householders can do what they want BUT
1) any employer still has a duty of care towards employees and esp if people are asthmatic, etc.you would be entitled to pick and choose and I don't see your employer being able to dismiss you as no employer can ignore a liability for death or injury - equally the employee has a duty of care to himself - in care home where residents rooms might be smoking the staff are already being asked if they object.
2) Occupiers Liability legislation requires any place to be free of forceable risks for visitors.
Although these different rules and regulations were introduced pre no smoking and a lot of the present day awareness about smoking related health risks this is as they say, 'a hare that has started running' and it'll be very interesting to see in which direction it goes.

Answer 3

Well, it's funny you say that?! I've been told that if a council worker comes to this flat, my daughter and I both smoke, by-the-way, that we have to stop smoking 2 hours before he gets here!!! I think you'd be at liberty to say to anyone to not smoke while you work, though? The smoking ban is nothing, it came in here in Scotland 26th March, 2006, it's gone off completely smoothly with only one old codger being done for breaking the ban in the whole time. It really is great, and it's my fault I smoke, and I don't see why everyone else should have to suffer, quite frankly!!!

Answer 4

As smoking becomes more of a no no, etiquette will hopefully push people into being more considerate where they smoke without having laws thrust upon them, even in the home. But at the moment, I dont know how you would be able to enforce the workplace smoking law in someone's home other than by just asking politely!

Answer 5

No friend you are not covered, I work for a large landlord and work inside properties too, my employer has confirmed that the law does not affect domestic properties regardless of weither it is a wrkplace, it sucks!
You can ask tem to open a window! That's it, our managers are unable to deal with it because some of our residents are on the board.

Answer 6

Individuals have the right to ask, not tell, someone not to smoke when they are visiting them in their own home. Therefore, where a visit is pre-planned, people in those homes being visited, can be written to, to ask them and those who may be with them, not to smoke during the visit, and ideally not to smoke immediately prior to when the visit is scheduled to take place.If they refuse,you have the right to reject their request for repairs/servicing...

Answer 7

Yeah ,my daughter is a police woman and she has to go into houses where people are smoking like chimneys. Being a non smoker herself she comes out choking and smelling of smoke but she cannot refuse to go into these houses.

Answer 8

you have a good point there but how could you enforce it//if you walk into a house where everyone is smoking they are committing no offence so your alternative is to refuse to service the boiler and report the same to your company why you walked

Answer 9

You can not tell someone that they can not smoke inside their home, it would not be covered under that law.

Answer 10

good point mate !!
i wait to see your other responses,
mind you your employer should ring the house your visiting and tell them they will not send you out if the house owner smokes whilst you work there ?