ChatterBank0 min ago
smoking in work
I wish to know if i have broken the goverment rules of no smoking. if a cigarette is light inside then put out without actualy inhaling the smoke as you would, smoking a hole ciarette
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I disagree. Think of the intentions behind the legislation!!
The thinking is, that by banning smoking within enclosed or substantially enclosed public spaces, that it will reduce smoking related diseases caught via passive smoking. Therefore, whether or not YOU (the individual) inhales or not is completely irrelevant. What is relevant is that the individual has ignited a substance that is toxic to others if inhaled by them.
Though I understand your argument that such a person would not in fact actually be 'smoking', the ignition of the tobbacco product is sufficient.
I have yet ro read the England & Wales statute, but Section 4 of the Smoking, Health & Social Care (Scotland) Act 2005, provides that:
"4 Meaning of �smoke� and �no-smoking premises� (1) In this Part, �smoke� means smoke tobacco, any substance or mixture which includes it or any other substance or mixture; and a person is to be taken as smoking if the person is holding or otherwise in possession or control of lit tobacco, of any lit substance or mixture which includes tobacco or of any other lit substance or mixture which is in a form or in a receptacle in which it can be smoked".
I think that's pretty clear. Holding a lit cigarette within an enclosed or substantially enlosed public space is breaking the law in Scotland. My guess is that the legislation in England & Wales strongly mimics that of Scotland before it, and the Irish Republic before the Scots.
The thinking is, that by banning smoking within enclosed or substantially enclosed public spaces, that it will reduce smoking related diseases caught via passive smoking. Therefore, whether or not YOU (the individual) inhales or not is completely irrelevant. What is relevant is that the individual has ignited a substance that is toxic to others if inhaled by them.
Though I understand your argument that such a person would not in fact actually be 'smoking', the ignition of the tobbacco product is sufficient.
I have yet ro read the England & Wales statute, but Section 4 of the Smoking, Health & Social Care (Scotland) Act 2005, provides that:
"4 Meaning of �smoke� and �no-smoking premises� (1) In this Part, �smoke� means smoke tobacco, any substance or mixture which includes it or any other substance or mixture; and a person is to be taken as smoking if the person is holding or otherwise in possession or control of lit tobacco, of any lit substance or mixture which includes tobacco or of any other lit substance or mixture which is in a form or in a receptacle in which it can be smoked".
I think that's pretty clear. Holding a lit cigarette within an enclosed or substantially enlosed public space is breaking the law in Scotland. My guess is that the legislation in England & Wales strongly mimics that of Scotland before it, and the Irish Republic before the Scots.
Maybe ive put the question the wrong way and should have been intitled, bullying floor manager, through not thinking and being tired( i work nights) light the ciarette up, then realised and put it out. i have done this in the past by miss take, walked out to the main gate and relit and smoked it.
This floor manager that no one likes seen me put it out and told the boss, five mins later he also saw a another floor manager walk through the building with an unlit cigarette in his mouth and smoke it in full veiw of him inside the grounds, nothing was said to this person or the boss.I have also been told that he has seen others smoke inside the building and have said nothing. Others have in the past put in an agreivance againse this floor manager, including myself. others beleive the same as me, its pay back time because i stood up to him in the past.
I have to see the boss this monday coming so how should i handle this, plase.
This floor manager that no one likes seen me put it out and told the boss, five mins later he also saw a another floor manager walk through the building with an unlit cigarette in his mouth and smoke it in full veiw of him inside the grounds, nothing was said to this person or the boss.I have also been told that he has seen others smoke inside the building and have said nothing. Others have in the past put in an agreivance againse this floor manager, including myself. others beleive the same as me, its pay back time because i stood up to him in the past.
I have to see the boss this monday coming so how should i handle this, plase.
Keep a record of all incidents of his alleged bullying and then seek advice from your union or ACAS. Perhaps you would have a harrassment case. Go to www.acas.org.uk there is some useful informatkon for employees and employers there.
I'd remember to light up outside in future and keep your nose clean.
I'd remember to light up outside in future and keep your nose clean.
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