FARMERS who enjoy a cigarette in their tractor may no longer be allowed to do so after July 1 when a ban on smoking in workplaces comes into force, warns the Cotswolds’ leading provider of agricultural and rural expertise.

Although farmers who enjoy a smoke behind the wheel might do so miles from the nearest person, the cab of their vehicle still might count as a ‘public place’ under the new legislation, which bans smoking in enclosed public spaces.

“Tractors and other farm vehicles will need to be smoke-free if two or more people use them – even if the different people use them at different times,” explained Paul Oughton from the agricultural department of Moore Allen & Innocent in Cirencester.

An NHS spokesperson added: “This protects all who use the vehicle from harmful secondhand smoke, regardless of when they use the vehicle.”

The new rules apply even if the two or more workers who use the tractor both smoke and want to continue smoking, but does not apply to tractors or other farm vehicles that are used exclusively by the smoker.

“In order to comply with the new regulations no smoking signs must be displayed in all premises and vehicles to which the ban applies,” warned Paul. “Employers who fail to comply with the law could be fined between £200 and £2,500 for failing to enforce the ban. Employees could face a £50 fine for flouting the ban.

“Farmers should also be aware that the new legislation may effect the farmhouse,” said Paul. “Private parts of the residence are obviously exempt from the legislation, but if there is a dedicated workspace - such as a farm office – where someone not resident in the building might routinely work or be invited in, this area would come within the scope of the ban.”

For clear, objective and professional advice on these or any other agricultural and rural estate issues please contact one of our Agricultural Team:

Robert Young ~ Mark Hill ~ Christopher Graham ~ Paul Oughton ~ Brian Smith
Peter Kirby ~ Stuart Milsom ~ Margaret Bush

Tel. 01285 648 113                                                             Fax. 01285 640 494    

This newsletter is produced for guidance only and should not be used as a substitute for professional advice. Accordingly no liability or responsibility for any loss or damage can be accepted by Moore Allen & Innocent or other contributors as a result of any person, company or other organisation acting or refraining from acting upon comment on this newsletter.

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