autuMn 2017 SMoKE-FrEE LEGISLATIon a decade of breathing easier People in the UK have been banned from smoking in enclosed public places since 2007 so what difference has it made? Can you believe it is 10 years since the introduction of the smoking ban? For some it will seem like only yesterday, while for others its beyond their adult memory. At the time, many workplaces particularly offices were voluntarily nonsmoking, so the legislation was sometimes depicted as a restriction on a persons freedom to have a cigarette and a pint on a night out. Even now, there is debate about whether to relax the law to allow smoking rooms in pubs, on the basis that if you are a smoker it is not a problem. Although not its aim, the law change resulted in two million fewer adult smokers in the UK However, the legislation was not primarily about reducing the number of people who smoke it was concerned with health and safety at work. Employees of pubs, nightclubs and bingo halls, for example, were entitled to breathe clean air and not second-hand smoke. Evidence was building up that second-hand smoke was capable of causing health issues akin to those of a smoker that is, cancer and heart disease. The most highprofile case was that of TV presenter and musician roy Castle, who died from lung cancer in 1994 despite never having smoked. He blamed his illness on spending a large part of his working life in smoke-filled jazz clubs. So has the ban made a difference to employees? research by the University of Bath concluded that hospital admissions for heart attacks and asthma dropped significantly in the first three years, saving the nHS more than 8m. It is important to remember that stop smoking services and other legislative changes may also have contributed to this trend. Although not its aim, the law change resulted in two million fewer adult smokers in the uK. Businesses are obliged to adhere to smoke-free legislation, and data suggests that compliance is close to 100 per cent in premises, with smoking in work vehicles a little behind. Few pieces of legislation have had such a great impact and incredibly high compliance rate, and employers should be congratulated. However, we should do more, and it is worth employers supporting staff who want to stop smoking. People who smoke take an average of two or three days more sick leave per year. Together with lost productivity from regular cigarette breaks, employees who smoke are estimated to cost uK businesses 7.5bn a year. It will be another year or two before the effects of the recent change to standardised packaging are realised but if it builds on the successes of the many changes to tobacco regulation in the past decade, then everybody will be a winner. the laW and e-cigaretteS Few pieces of legislation have had such a great impact and incredibly high compliance rate, and employers should be congratulated nicotine-inhaling products more commonly known as e-cigarettes have increased in popularity since the smoking ban. While it may be tempting to get into this new market, retailers need to be aware of the regulations surrounding these products. on 1 october 2015, it became illegal to sell or supply e-cigarettes to under-18s, and fines of up to 2,500 can be imposed on both the company and the individual seller if this law is broken. it is also an offence for an adult to buy e-cigarettes for somebody under the age of 18. this is known as a proxy purchase, and the buyer risks a 50 penalty if caught. Most retailers use a challenge 25 approach to age-restricted sales. Staff should ask customers who appear to be under 25 to prove their age by showing a photo driving licence, passport or PAss-approved age-verification card. paSS is a national scheme that validates cards to ensure you can rely on their authenticity. it is not sufficient simply to ask a person their age, because inevitably they will not tell the truth. all staff must be trained, and their training refreshed at regular intervals. Keep a record of this training, which can be produced if anything goes wrong. Many retailers also maintain a refusals book, which can prove age checks have been carried out. refusals books can also be used to see which employees have not made a refusal this could identify a training need. challenge 25 posters are available online and displaying them can help to defuse Credit: Brandon Cook Images: iStock.com / Antagain any resistance from unhappy customers. For further information, please contact your local trading Standards Service