Clause 3 - Exemptions
Health Bill
1:00 pm
Caroline Flint (Parliamentary Under-Secretary, Department of Health; Don Valley, Labour)
Before we adjourned, I was in the middle of explaining that the amendments are unnecessary because of the responsibilities employers currently have under health and safety legislation. I cited the example of a typist who brought a case against her employer because she was forced to work in a room used by smokers. I have a few more examples to show how current health and safety legislation can be applied for employees. In 2003, an employer in England agreed an out-of-court settlement of £50,000 to settle a case brought by an employee who complained that his asthma was caused by years of working in the smoke-laden atmosphere of a casino.
I should also bring to the attention of Committee members the fact that the Health and Safety Executive guidance notes for employers on welfare provision, issued in May 1999, include the question:
“Do I have to provide a room for those who smoke?”
The answer that the guidance gives is:
“No. However, you must provide a working environment where people can work without being irritated by tobacco smoke—the most effective way of doing this may be to prohibit smoking in all but a few designated rooms.”