In the UK and Ireland, smoking in company vehicles is governed by strict regulations. Smoking in shared company vehicles.is always prohibited by law. However, if a vehicle is designated to a single employee and will never be shared, the law does not apply. Of course, individual employers might have their own rules.
This article goes into detail about the regulations around smoking in company vans and other vehicles, the penalties for non-compliance, and the steps organisations should take to adhere to laws.
In the UK, Is It Illegal to Smoke in Company Vans?
In the UK, the Health Act 2006 contains the bulk of the regulations that controls smoking in company vehicles. Here are the key points:
Smoking Ban in Shared Work Vehicles
Smoking is not allowed in any work vehicle that is used by more than one person. To be clear, a vehicle is shared when more than one employee uses the vehicle, and this need not be at the same time. That includes vans, car and lorries
Signage Requirements
Shared work vehicles must display no-smoking signs, which is a part of the regulations that is often overlooked. As ever with regulations, there’s small variations between regions. For example, a vehicle non-smoking sign must be at least 70mm in diameter in England, whereas it needs to be 75mm in diameter in Wales and Northern Ireland!
Penalties for Non-Compliance - UK
Fines can be issued to both organisations and individual employees, depending on the situation.
- Employers can be fined up to £1,000 for failing to display a no-smoking sign in a vehicle.
- Allowing smoking in a shared company vehicle can lead to a fine up to £2,500.
- Individuals caught smoking in a shared company van of similar can be fined up to £200.
In Ireland, Is It Illegal to Smoke in Company Vans?
The Public Health (Tobacco) Acts makes it illegal to smoke in company vehicles in Ireland too, though there are some differences in the law.
Smoking Ban in All Work Vehicles
There’s no ‘shared vehicle’ loophole in Ireland. Smoking is totally banned in all company vehicles used for work purposes, including cars, vans, and trucks. The law applied to any enclosed workplaces and vehicles used by employees.
Employer Responsibilities
In Ireland, employers must ensure that vehicles contain no-smoking signs and enforce the ban by removing ashtrays and educating staff.
Penalties for Non-Compliance - IE
- Employers can face fines of up to €3,000 if they fail to enforce the smoking ban.
- Individuals who flout the ban can get a spot-fine of €100.
- Repeated or severe non-compliance from individuals could result in a court-imposed fine of up to €3,000.
Final Thoughts on Smoking in Company Vans
Smoking in company vans is illegal in both the UK and Ireland if the vehicle is used by more than one person. However, in the UK, there is a notable exception for vehicles that are used exclusively by a single employee. For fleet managers, it’s important to note that the law puts emphasis on organisations enforcing the regulations. Though individuals can be fined, businesses run the risk of much higher fines. Installing no-smoking signs, and enforcing a smoke-free policy are simple steps that must be taken to avoid the risk of substantial fines.
For more detailed information, refer to the GOV.UK website for UK regulations and the Citizens Information website for regulations specific to Ireland.
