Smoking at Work Lands Repeat Offender in Legal Trouble
Legal action was taken against Operations Director Martin Lenehan by South Ribble Borough Council’s enforcement team when they made a stop at Metric Scaffolding UK Ltd. He was charged for continually defying the law by smoking in his office.
Higher Walton, the firm where he worked earlier was also issued a warning for the same reason but this time he was caught red-handed, according to what Leyland Magistrates heard.
The council made their first call when they received a complaint from an unknown source which claimed that workers smoked in the office premises and vehicles everyday. They later found evidence supporting the claims and issued instructions to the firm asking them to straighten up and look into their responsibilities of maintaining a smoke-free zone for the health and safety of the workforce.
But during a follow-up visit, they found Mr. Lenehan smoking in his office causing them to charge him with a £50 penalty notice. When he refused to pay, they summoned him to court and Leyland Magistrates found him guilty of breaching section 7 of the Health Act 2006 for which he was asked to cough up £175 along with £75 costs and a £15 victim surcharge.
Councillor Peter Mullineaux commented that to protect workers from the damages caused by smoking- passive or active, the council had introduced the smoke-free legislation in offices. It is their duty to make sure that the legislation is upheld. Workplace Law Group specialises in employment law, health and safety and premises management – click on NEBOSH Health & Safety – for training to help you comply with the law and manage people in the workplace.
He also said that they had been working with a lot of local employers over the last two years to make them come to terms with the new legislation and the employers seemed to be abiding by them happily.
