Terzo 333

I am in the business of hiring out plant machinery (eg JCB diggers / forklifts etc) Sometimes it goes out on hire with one of our operators, sometimes without (self drive)

Should we be putting "No Smoking" stickers in every single machine bearing in mind that these machines should not be carrying passengers...

Thanks

n one

iTrader: (5)

As far as I know, Yes, they should all have stickers in

sti-04!!

Yes

Chip

Unfortunately Yes.

Chip

J4CKO

iTrader: (1)

I can just imagine a 40 a day hard as nails JCB operator taking notice of that !

n one

iTrader: (5)

You`re right there Chip

There`s nothing worse that getting into another company vehicle that stinks of ****. I refuse to drive `em.

Bug Eyed Peas

If a company vehicle is soley for the use of one driver, does this still apply?
This driver does smoke and he is the only user of this vehicle.
Is this within the new laws?
Thanks
Ant

*its not me btw*

Freak

They seem to have gone rather over the top with this signage requirement......

Chip

Very true. I don't smoke either and I don't let anyone else who gets in my car or Merc Sprinter light up. If they don't like it they can walk.

I too have been told I have to put a NO SMOKING sticker in the back and front of my van which I havent done as I don't feel the need to.

Chip

Odds on

What are the signage requirements?

I have no idea what I'm supposed to put in my vans and cars.

Has anyone any links to where I can find out?

Cheers

Bug Eyed Peas

But surely Chip, it should be at your own discression? Not the Government?

Ant

Bug Eyed Peas

Smokefree England - all about the smokefree legislation on 1st July 2007

Ant

Odds on

Thanks Ant

Guess they didn't bother checking the companies house website for my address then

Terzo 333

And if the equipment doesn't have the stickers in, what are the penalties (if any ?)

boomer

From Smokefree England: Business and employers checklist

...welcome to the police state

mb

Dr.No

A slight aside, but if anyone can tell me HOW, given the rules and regulations for where and where not people can now smoke (here: Smokefree England: A quick guide to the new smokefree law )

Can organisations sell "Smoking Shelters" ( Smoke Shelter - Venue 529374 - £400 off while stocks last --- Cigarette Bins UK Ltd ) that as far as I can see should be considered "substantially enclosed" and hence subject to the ban - but they're selling them as smoking shelters!!!

Sorry for the slight hijack, but still sort of on-topic - and bugging the hell out of me (not as a smoker, but as an anti-smoker!)

DN

logiclee

A smoking shelter has to be 55% open to comply with the new legislation.

There are shelters for sale that do not comply and will be a costly mistake for those that buy them.

The one in the link may comply depending on the size of the openings on the sides and rear.

Cheers
Lee

Shark Man

Simple, if the company doesn't want to be accountable...put the stickers in.

If the driver ignores them, its on their head, not the company's


Anyhoo, you "could" turn a JCB into a smoking shelter.....seeing you can open both doors and the front/rear window...thats 3 sides open, therefore complies with the smoking shelter regs

logiclee

Unless someone reports him or he gets caught and the company does not take action to prevent him smoking again.

It's a bit of a mine field as the company is responsible for the actions of their workforce but not sure how it affects hired plant.

Cheers
Lee

Shark Man

I'm sure the company could come up with some verbal warnings if they wanted, and I don't think for one minute there will be any limit that needs to be imposed on them before any further action is required.

As far as I'm aware, its down to company policy to dictate if is a sackable or punishable offence. But its still down to the workforce to adhere to company policy.

It is a mine field (bit like liability indemnity), as far as one can argue is a company can only do so much. Stickers and notes in the paypackets informing of the no smoking policy is a minimum. That can be seen as action, but how offences are taken when reported, is wishy washy. But if one does the minimum of a verbal warning, then that maybe seen as enough.

We really need some test cases to go through court before everyone knows what are acceptable boundries

logiclee

If an individual continues to break the smoking ban then he will have to be sacked or the company will face........

Failing to prevent smoking in a smokefree place: a maximum fine of £2500 imposed on whoever manages or controls the smokefree premises or vehicle if prosecuted and convicted by a court. There is no fixed penalty notice for this offence.

I have told my staff that they will be breaking the law while at work and as such will face the sack.
Obviously normal legal procedures will apply but I will class it as Gross Misconduct as it puts the company at risk of prosecution and fines.

Cheers
Lee

Shark Man

The point to take notice of is "Failing to prevent"

That could be stickers, notices, or verbal warnings. Or, sackings.

It's grey area in law that needs to be tested to see when the boundries lie in what constitutes as what is not enough for a company to prevent smoking in a "smokefree place".

Obviously, there is no harm in going on the safe side. But one has to question what measures can be taken to comply with the bare minimum.