Smoking Shelter Regulations in the UK

As smoking has become more prevalent over the years, so have the methodologies to correctly govern individuals who partake in such activities. This includes the guidelines organisations advocate through their policies and procedures (also known as a Smoking Policy), including the usage of cigarette bins in public settings, no smoking stickers placed in public transport and much more. All these methods are in conjunction to notify all individuals so they may adhere to best practices. In the UK, the popularisation of smoking shelters has not only become common but has also served to protect non-smokers from second-hand smoke exposure. However, there are still many organisations that are unaware of the law or that may lack understanding of their responsibilities towards employees and the usage of smoking shelters. We will be exploring the current smoking shelter regulations in the UK and those who may be benefitted by the usage of a smoking shelter. 

Government Regulations 

The UK government smoking shelter regulations are part of a wider framework to protect the health and well-being of non-smokers. Introduced in 2007, smoking bans in enclosed public places and workplaces aimed to reduce the risks of passive smoking. As a result, many businesses began installing outdoor smoking shelters to provide smokers with a designated area. 

According to smoking shelter regulations UK, a smoking shelter must be at least 50% open to the air. This means that only half of the shelter can be enclosed, with the other half open to ensure proper ventilation. The structure itself must not allow smoke to build up inside or drift into adjacent areas, which could affect non-smokers. Businesses that do not adhere to these regulations could face fines or other penalties. 

Moreover, smoking shelter regulations England clarify that shelters should be located away from entrances, windows, or ventilation systems, ensuring that smoke does not enter the workplace. Proper signage indicating that the shelter is a designated smoking area is also required. 

Does a Business Have to Supply a Smoking Shelter? 

The question many business owners ask is, “Does a business have to supply a smoking shelter?” Legally, the answer is no. Under UK law, it is not a legal requirement for businesses to provide a smoking shelter for employees. However, doing so can be seen as considerate, promoting a positive workplace environment and showing respect for employees' preferences. 

Businesses that opt to install smoking shelters do so to offer smokers a designated, compliant area. This can reduce the risk of employees smoking near doorways or in areas where smoke may drift into non-smoking zones, aligning with workplace health and safety standards. 

The absence of a legal obligation to supply smoking shelters also ties into the Equal Opportunity Act, which encourages organisations to be considerate of their employees’ needs. By providing a smoking shelter, businesses may demonstrate inclusivity and fairness, ensuring all employees have a safe space without causing disruption to others. 

The Equality Act 2010 and Workplace Considerations 

Although the Equal Opportunity Act is not directly related to smoking shelters, the Equality Act 2010 offers legal protection to people from discrimination in the workplace and society. This means that employers must ensure they do not discriminate against smokers or non-smokers when implementing smoking policies. 

Employers are to consider the needs of all their employees fairly, including those who may need to take breaks for smoking. While providing a smoking shelter is not a legal obligation, it can be part of a company's effort to avoid indirect discrimination and create an inclusive work environment. 

A well-designed smoking policy, including the provision of smoking shelters, can help ensure that no group of employees feels disadvantaged or marginalised. By offering a sheltered space that complies with UK government smoking shelter regulations, businesses can respect the rights of both smokers and non-smokers in the workplace. 

Understanding smoking shelter regulations UK is essential for businesses that want to ensure compliance with health and safety standards while accommodating employees who smoke. By adhering to the UK government smoking shelter regulations and considering the impact on all employees, businesses can promote a healthier, more equitable working environment for everyone. Find the perfect smoking shelter for your business at Bison to accommodate all employees.  

Contact us today to find out more about our smoking shelters for your business.