Director Booked under Health Act 2006 for Smoking at Work
Martin Lenehan, an Operations Director at Metric Scaffolding UK Ltd was caught smoking in his office by South Ribble Borough Council’s enforcement team in January. This happened during their second visit when they issued him a £50 penalty notice, which he refused to pay. He was then booked under section 7 of the Health Act 2006 by Leyland Magistrates Court and asked to pay £175 along with £75 costs and a £15 victim surcharge.
The council had paid their first visit to the company when they got an unidentified complaint that said that the company’s workers used to smoke in office vehicles and premises everyday. The council reminded the firm to ensure that their office remained a smoke-free zone or face the consequences of non-compliance, after they received proof that the complaint was indeed true.
Mr, Lenehan was found smoking in the workplace despite the previous warnings to the company. He was thus prosecuted as a repeat offender.
The smoke-free legislation in offices was made to protect workers from the injurious effects of passive and direct smoking, said Councillor Peter Mullineaux. It is the duty of the employers to ensure the safety of the workers, he said.
The Council has been trying for the past two years to make sure that local employers understand the legislation and the need for its compliance and so far most of them have been very supportive, Mullineaux added. Workplace Law Group specialises in employment law, health and safety and premises management – click on NEBOSH Health and Safety – for training to help you comply with the law and manage people in the workplace.
