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If you are in any doubt about how the law applies to your premises, employers in the borough of Knowsley should contact the Environmental Health and Consumer Protection on 0151 443 4723. Employers in other areas shoud seek assistance from environmental health departments in the local authority area in which their service is situated.

Why are adult care homes exempt?

They are not 'exempt'. Workplaces where people live will also be smoke-free, the exemption will apply only to designated rooms where residents can smoke. These rooms need to meet strict conditions for use to prevent unnecessary exposure for non-smoking residents and employees. The smoking rooms are a facility for those people that call such places home and are not intended for use by staff. For more information, refer to the regulations (in highlights box on the right of this page).

Why are the people who work in places where smoking will be allowed not protected from secondhand smoke?

The consultation sets out requirements for rooms in premises where people can smoke, which will protect against drift of secondhand smoke into other areas of the premises. This includes the requirement for closing doors to the room. There may be some exposure for people who enter the designated smoking rooms, employers should take steps to protect their staff from exposure as failure to do this could lead to litigation cases against them in the future.

As the government do not intend to make private residences smoke-free, and because of the individual needs of residents in care homes and similar facilities, an exemption for designated rooms appears to be a compromise to allow smokers the right to smoke in their own living space, whilst reducing exposure to secondhand smoke in the general environment. Regardless of this, we will still encourage employers to make the premises entirely smoke-free where practical.

What about people who work in other people's homes?

Peoples' homes are not covered by the new legislation. However, it is recognised that there are instances where people have to visit a residential property to do their job.

The guidance for local authorities, NHS organisations and care service providers in Scotland offers practical advice on how to reduce staff exposure to secondhand smoke in these circumstances. For example, workers have the right to ask, not tell, someone not to smoke when they are providing a service to them in their own home. We are confident that those receiving treatment will respect that. (you can download a copy of the guide at the bottom of this page).

I am a health visitor. Can I insist the client stop smoking when I visit them at home?

The proposed regulations will not require that, although Knowsley Council and Knowsley Primary Care Trust are developing procedures to protect their field staff from exposure to secondhand smoke.

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