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The topical issue for this month’s newsletter is the Smoking Ban that is currently being rolled out throughout the UK. If you haven’t made your arrangements already for this legislation you are running out of time fast.

Exciting News

However, I have some other fantastic news that I just had to share with you, which is that one of our biggest clients has recently been awarded the British Safety Council's 5-Star Award for health and safety.

EDP has been working in partnership with Microsoft Limited for 14 years and the success of that partnership was ably demonstrated when they achieved the award at their very first attempt.

We want to congratulate Microsoft Limited on this tremendous achievement, which comes hot on the heels of a top award from the British Institute of Facilities Managers for "Impact on Organisation and Workplace". We have included a press release about this most recent achievement later in this month's issue.

To quote Nick Willis, who is Head of Facilities at Microsoft

"I am very honoured and proud to announce that Microsoft Limited, in partnership with our Health and Safety advisors EDP, has achieved a British Safety Council (BSC) 5-Star Grading...
...This award is a fantastic reflection on the way Microsoft management ensures that the health and safety of its employees is its number one priority."

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Smoke Free Regulations

Smoking in the workplace was the topic of an earlier newsletter in February 2004. The issue has now moved on to cover smoking in all enclosed and substantially enclosed public places – in other words, any places that are shared by two or more people.

There are exceptions, but application of the ban is very wide and far reaching. It is already in place in Scotland, comes into force at the start of April in Wales and is due to be introduced in England on 1st July.

Since the business activities of most organisations are carried out in enclosed places – at least in part – it inevitably follows that the smoking ban affects most businesses.

The Case for a Smoking Ban

The statistics behind this legislation are quite staggering, for example:

• Most smokers start the habit as teenagers – many when they are below the age of 16, which is the age when they can legally buy cigarettes. Of adults, very roughly a quarter of people are smokers
  
  
• Every year in the UK it is estimated that 114,000 deaths are attributed to smoking. That is many times the number of deaths from other significant causes such as traffic accidents, murder and manslaughter, alcohol and drugs overdose, AIDS etc.
  
  
• Again it is estimated that of all regular smokers, about half will eventually die from smoking related illness.

Perhaps surprisingly, surveys indicate that the majority of confirmed smokers would like to quit but the addictive nature, peer pressure, social habits and other factors combine to keep them hooked.

Passive Smoking

These statistics, however, cover people who have chosen to smoke. The new legislation is aimed as much at those who are not smokers themselves but, by virtue of their circumstances, inhale other people’s cigarette smoke, commonly referred to as ‘passive smoking’.

Even if you aren’t a smoker, you can face many of the same health risks (such as cancer and heart disease) if you frequent places where other people are smoking. Not only are you breathing in smoke directly from the tip of the cigarette, you are also breathing second-hand smoke that others have exhaled.

What many people are unaware of is that second-hand smoke hangs around for a long time. It may still be there when you can no longer see it or not even smell it.

The more enclosed the space, the greater the risk. So, for example, smoking in a car or the cab of a lorry effectively concentrates the smoke - with all its harmful chemicals - into a smaller space.

So How Does This Affect Employers?

Under the Health and Safety at Work Act, you have a duty to ensure the health and safety of employees, which includes the risk of ill health resulting from other people smoking. This duty is now compounded by specific legislation not to expose employees to health risks from passive smoking.

Whilst there are exceptions, if your business is conducted in office accommodation, factory, warehouse, bar, shop, restaurant, public transport and the like then you are affected. Even a vehicle such as a lorry, van or car that is used for business is included if it is used by more than one person (not necessarily at the same time).

All in all that covers the vast majority of employers.

Required Actions

As an employer, therefore you must:

• Establish work places that are substantially or fully enclosed as no smoking areas
  
  
• Remove any existing indoor smoking arrangements such as designated smoking rooms
  
  
• Ensure that people observe the no-smoking rules

Exactly how you comply with these requirements may vary according to circumstances but might include:

• Developing and publishing a specific non-smoking policy in which the organisation makes clear its commitment to establish and maintain a smoke free working environment
  
  
• Displaying no-smoking signs in all areas that are covered by the legislation. In fact this is a specific requirement of the legislation.
  
  
• Use training or awareness events to ensure all employees know the facts about smoking and how the law affects them as well as their employer.
  
  
• Have measures in place to manage the ban so that there are clear actions should anyone break the rules

Additional Actions

You may choose to go beyond your legal duties by actively encouraging smokers to give up the habit, perhaps by providing advice and counselling services, positive incentives, or just simple encouragement.

You can find additional information and keep up to date with the latest developments at the NHS Smoke-Free website at http://www.smokefreeengland.co.uk/

If you need further guidance that is specific to your circumstances, then call in one of our consultants. You can phone us on the number below or see the Contact Page on our website.

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Fines on Top of Fines

We have highlighted a case this month that demonstrates how important it is to be fully aware of all the legislation that applies to your business.

It concerns a company that supplies and maintains the small photo booths that are so convenient when we need a quick portrait for a passport or similar purpose.

The company put its maintenance engineers at risk of contracting dermatitis through a combination of failures including:

• Inadequate risk assessments
  
  
• Inappropriate personal protective equipment
  
  
• Inadequate training and instruction
  
  
• Poor risk management at the stage of mixing and supplying the photo chemicals

The company was found liable and fines were imposed under a number of distinct items of legislation, including:

• The Health and Safety at Work Act
  
  
• Six breaches under the Control of Substances Hazardous to Health Regulations (COSHH)
  
  
• Reporting of Injuries, Disease & Dangerous Occurrences Regulations (RIDDOR)

Adding all these together, along with court costs, resulted in the company paying out £130,000, which is no small sum considering how easily it could have been avoided.

You can read more detail about the case on the Health and Safety Executive website at http://www.hse.gov.uk/press/2006/e06098.htm.

You need the best possible advice to be sure you are aware of all your legal duties and what you need to do to ensure compliance. Why not give us a call today?

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Microsoft Limited and their Health and Safety advisors, EDP, have achieved a British Safety Council (BSC) Five Star grading at their first attempt. This is the highest grading achievable within the BSC system with Microsoft attaining a score of 92.9% and a grading of 'Excellent'.

The award is a fantastic reflection on the way Microsoft ensures that the health and safety of its employees is its number one priority.

The four-day audit was an independent evaluation of Microsoft Limited's health and safety procedures. Its scope goes beyond legal compliance to consider best practice; focussing on the management system as well as practical implementation.

The approach employed for conducting the audit involved reviewing the health and safety documentation and systems, followed by a full site inspection of the Campus, which included speaking with a random selection of employees and service providers. In total 16 interviews were conducted. The core health and safety team consists of Steve Dunn, Nick Willis, Ria Creswell and John Bradford. In addition, a great deal of support also came from other service providers, HR and the business.

The team also demonstrated how Microsoft technology (Sharepoint) can be used as a single repository for all the relevant policies, procedures and documentation. This technology received great acclaim from the auditing team for its simplicity of use and quality of content.

'an extremely impressive framework for the documented safety management system …… produced in such a way that it will be very easy for anyone to follow and find information'.

About the British Safety Council

The British Safety Council is one of the world's leading occupational health, safety and environmental organisations. Founded in 1957, its mission is to support a healthier, safer and more sustainable society. More information can be found on the BSC Website.

What is 5-Star?

The Five Star audit is a unique service provided by the British Safety Council, which involves a full review of the health and safety performance of the business, from the management of H&S through to the implementation of associated systems in the workplace. The result is an overall numerical score of the performance, which is then used to determine how many stars the organisation is awarded.

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