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The Scots have been banned, the Welsh have been banned and this summer the English will be banned from smoking in enclosed spaces too. How will the workplace smoking ban affect your operation? Truck drivers in England have less than three months left to enjoy a cigarette on the open road. On 1 July English law will come into line with what has already happened in the rest of the UK: smoking in the workplace will be banned. In almost every case, that ban will include the cab of a truck. The one  exception, potentially, is for owner-drivers - a Department of Health (DoH) spokeswoman confirmed last week that "an owner-driver can smoke as long as nobody else uses his vehicle". But as both the Freight Transport Association (FTA) and the Road Haulage Association (RHA) are quick to point out, it is debatable whether anybody is the sole user of their truck. A spokeswoman for the RHA points out: "The rule says that if anyone else uses your cab at any time then you aren't allowed to smoke. So what about when the vehicle is in for inspection or servicing?"

Pragmatic application

The FTA thought the issue of owner-drivers being allowed to smoke under the new law was important enough to ask for a ruling from the DoH. Ian Gallagher, the FTA's specialist on the smoking legislation, says: "The reply wasn't particularly clear. It just said it would take each case on its merits and apply the law in a 'pragmatic' way." Make of that what you will, but for its part  the government is keen to stress that the new regulations are going to be policed more by gentle persuasion and advice than by enforcing rules with an iron rod.

A DoH spokeswoman says: "We see compliance with these regulations developing in a similar way to no smoking rules on the Underground or other public transport. It will simply become unacceptable for people to smoke - and if they do so at work, their colleagues will start to police it with their disapproval." In line with this idea of making smoking even more widely socially unacceptable, the DoH says: "Nobody, including the police, is going to be stopping a moving vehicle just because somebody is smoking. The most that might happen is that an officer could take the licence number and contact the firm later to tell them what was happening".

Workplace inspections

In fact, the police are not being regarded as the enforcers of the new rules at all. That role will be left to local authority environmental health teams, which will make inspections of workplaces, including haulage yards, and give advice on how to comply with the new law. Both the RHA and FTA are relaxed about the new regulations, although there is an undertone of irritation at their perceived lack of clarity. The RHA spokeswoman says: "It does get a bit fuzzy. What's the position of foreign drivers, for example? Are they going to be stopped for smoking in their cabs? I don't think so."

In Scotland, where similar restrictions came in last year, the RHA says it has heard of a number of drivers being warned for smoking in their cabs, but not of anybody being prosecuted. This would be in tune with the DoH's declared soft approach to enforcement. The FTA's Gallagher says: "As an organisation we haven't made a conscious decision to approve or disapprove of the regulations, but the consensus is that many of our members think it is overdue." This is underlined by the fact that many FTA members already have non-smoking policies in place, including smoking bans in cabs.

One of the most important things for operators now, Gallagher suggests, is to make sure their drivers understand their responsibilities: "In some cases contracts of employment should be rewritten to include the fact that smoking in a cab is unacceptable. Otherwise it is possible that companies could be held liable for offences committed by their drivers.

• Smoking in a smoke-free premises or vehicle: a fixed penalty notice of £50 (discounted to £30 if paid within 15 days from the issue of the notice) or a fine by a court not exceeding level 1 on the standard scale (up to £200).
• Failure to display 'no smoking' signs in smoke-free premises and vehicles as required by the new law: a fixed penalty notice of £200 (discounted to £150 if paid within 15 days from the issue of the notice) or a fine by a court not exceeding level 3 on the standard scale (up to £1,000).
• Failing to prevent smoking in smoke-free premises or vehicle: a fine not exceeding level 4 on the standard scale (up to £2,500).

The ban on smoking in the cab might have health benefits beyond preventing cancer and other illness some researchers suggest it might also prevent road accidents. Monash University Accident Research Centre in Australia even suggested that smoking could be as dangerous a distraction while driving as eating or using a mobile phone. The university's report says: "Any activity that distracts the driver or competes for their attention while driving has the potential to degrade driving performance and have serious consequences for road safety. Several studies have found that smoking while driving increases the risk of being involved in a crash." An owner-driver can smoke as long as nobody else uses his vehicle.

Operators must:

• display 'no smoking' signs in smoke-free premises and vehicles
• take reasonable steps to ensure that staff, customers/members and visitors are aware that premises and vehicles are legally required to be smoke-free
• remove any existing smoking rooms
• ensure no one smokes in smoke-free premises or vehicles

In addition, operators might wish to:

• remove ashtrays from smoke-free areas
• develop a smoke-free policy in consultation with staff
• offer training to help staff understand the new law and their responsibilities
• provide staff and customers with support to quit smoking

Additional information is available from the government website: www.smokefreeengland.co.uk