Workplace smoking guidance call

Health officials say further guidance is required

Not enough is being done to address the dangers of smoking in the workplace, according to health officials.

The Royal Environmental Health Institute of Scotland (REHIS) said current legislation to protect people from passive smoking is too vague and open to interpretation.

It called on the Health and Safety Commission to establish a code of practice to tighten safeguards.

The commission said it is consulting on a code of practice and added that the Health and Safety at Work Act makes employers responsible for workers' wellbeing.

Keith McNamara, REHIS vice president, said a code of practice was drafted in 1999 but "hasn't seen the light of day".

'Complex issue'

He said: "For our members to take enforcement action under Health and Safety legislation, we would have to prove 'significant risk', and that the proprietor had not taken 'reasonably practicable' precautions in each case.

"There isn't even a standard method of assessing levels of tobacco smoke in workplaces.

"This lack of direction is the reason why virtually no enforcement action has taken place over passive smoking in workplaces despite reports that the lives of 165 bar workers could be saved each year through positive action."

A commission spokesman said the consultation process was continuing.

"This is a complex issue and we firstly need to have full discussions with all of those involved," he said.

"The current Health and Safety at Work Act places a responsibility on employers to protect their staff in relation to this issue."

The new code is expected to specify how to deal with environmental tobacco smoke to protect employees in pubs, clubs and restaurants.