The Smoking ban and personal cars
Discussion
Just had a discussion in the office about this. I understand that smoking will banned for company cars when the new law comes into effect. However what is the situation where an employee has his own car but as part of his job he is required to take other members of staff as passengers? I cant see that a company can ban someone from smoking in a car that the company don't own?
Edited by plasticpig on Tuesday 20th March 16:09
I just wonder that, if you are required to use your own car to ferry another employee about, smoking in your own car and exposing that other employee to your own smoke may be a disciplinary matter - and that the other employee may also have an arguement that they shouldn't be exposed to your smoke.
It's an interesting one but I still suspect it could backfire on you.
It's an interesting one but I still suspect it could backfire on you.
We had this one question up here in sunny Fife last week after an issue was raised with our HR and legal guys.
They advised something along the lines of:
Company owned vehicle - no smoking at any times whether in vehicle alone or with passengers.
If you are in a privately owned car and are traveling on the companies time then it is classed as being in an enclosed space/place of employment within the meaning of the legislation so smoking is prohibited. That is if you want any chance of a succesful mileage claim. If you want to smoke and then agree not to make a mileage claim/travel expense/hours then you can class it as a private journey in a private vehicle. That said if your on your own who's gonna know!
Travelling to/from place of work before/after work in own vehicle - couldnt care less.
The reality is that we tend to bundle the smokers in one vehicle and nons in another if more than one vehicle is required. If only one is needed then we are adults and can behave like so without a nanny!
Unless someone complains about it you tend to find everyone gets along quite easily. The only instances I have heard of any problems have been when people in a marked vehicle (taxi, delivery lorry/van etc) have been caught by BiB or complaints have been raised about them.
J
They advised something along the lines of:
Company owned vehicle - no smoking at any times whether in vehicle alone or with passengers.
If you are in a privately owned car and are traveling on the companies time then it is classed as being in an enclosed space/place of employment within the meaning of the legislation so smoking is prohibited. That is if you want any chance of a succesful mileage claim. If you want to smoke and then agree not to make a mileage claim/travel expense/hours then you can class it as a private journey in a private vehicle. That said if your on your own who's gonna know!
Travelling to/from place of work before/after work in own vehicle - couldnt care less.
The reality is that we tend to bundle the smokers in one vehicle and nons in another if more than one vehicle is required. If only one is needed then we are adults and can behave like so without a nanny!
Unless someone complains about it you tend to find everyone gets along quite easily. The only instances I have heard of any problems have been when people in a marked vehicle (taxi, delivery lorry/van etc) have been caught by BiB or complaints have been raised about them.
J
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