I'd be worried on two counts - firstly, the Health & Safety angle of travelling in a vehicle not equipped to carry that many people, and secondly, the smoking. They need a minibus or people carrier, I'd have thought that hiring one in would be cheaper than risking a serious accident. The smoking is a different matter, smoking in the workplace is not allowed, but I don't know how you define the journey to work in this situation. He is between a rock and a hard place on this one, as you say!