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Letter to the Prime Minister in support of an Approved Code of Practice on Passive Smoking at Work

16 November 2000

Rt Hon Tony Blair
Prime Minister
10 Downing Street
London SW1 2AA

Dear Mr Blair

PASSIVE SMOKING AT WORK

I write to urge your personal support for the proposed Approved Code of Practise to protect employees from the health hazards of passive smoking in the workplace.

In our comments during the consultative process, the British Medical Association warmly welcomed the proposal, emphasising the need for an Approved Code containing clear guidance that takes due account of the proven health risks of passive smoking and of the benefits of clean air policies. We remain convinced that this proposal offers an important opportunity for long-overdue action to protect Britain's workers from a widespread and largely unregulated environmental health hazard.

We take this opportunity to draw your attention to the proven health risks of passive smoking, as documented by an authoritative body of scientific literature and evaluated by numerous independent expert committees, including the Government's own Scientific Committee on Tobacco and Health and the recent report of the Health Select Committee. For more than a decade, convincing scientific evidence has been available to demonstrate that exposure to second-hand cigarette smoke both harms health, and worsens existing health problems. Yet an estimated three million people are still exposed to tobacco smoke in the course of their work. In the absence of any rational basis for identifying individuals as immune from the harms of passive smoking, we feel that protective measures must be extended to all. Nevertheless, we wish to emphasise the need to ensure effective protection for the most vulnerable workers - pregnant women, people with existing cardiovascular or cerebrovascular disease, and those with asthma and other respiratory disorders. Moreover, we note that workers in lower socio-economic groups are currently less likely to benefit from a smokefree work environment than those in better-off groups.

While the main rationale behind the introduction of an Approved Code of Practise on passive smoking in the workplace must remain the employer's duty to protect the health of non-smokers, it is worth noting that clean indoor air policies have also been shown to benefit smokers. Research shows that the introduction of restrictions on smoking in the workplace is effective in motivating smokers to quit, in helping those attempting to stop smoking to persevere, and in reducing overall tobacco consumption among those who continue to smoke.

The need for measures to protect workers from involuntary exposure to tobacco smoke is widely accepted not only by medical and health experts, but also by the public. Clean-air policies enjoy massive support from both smokers and non-smokers. Not only does the public accept that second-hand smoke is harmful, restrictions on smoking in public places are popular with both smokers and non-smokers. Eighty-five percent are in favour of clean-air policies in the workplace, in restaurants, and in public places such as banks and post offices.

Existing legislation (Health and Safety at Work Act, 1974) clearly imposes an obligation on employers to ensure that all reasonable measures are taken to ensure the health and safety of their workers. Only a binding code of practise that provides clear guidance to help employers fulfil their duties can be effective in protecting workers' health from the very real dangers of passive smoking. Not only would a voluntary arrangement fail to adequately recognise the need to protect workers' health, it would leave businesses - especially small businesses - open to the risk of costly civil litigation for failing to do so.

In summary: we reiterate that a voluntary code of practise on passive smoking would be in line with neither current expert scientific opinion nor public opinion, and ask that you lend your personal support to facilitate the introduction of a binding Approved Code of Practise in the interests of both public health and sensible regulation.

The BMA remains at your disposal for any further assistance,

Yours sincerely,

Dr Ian G. Bogel
Chairman of Council

  
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