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SMOKING BAN
Bob Crowley, head of employee relations at Midland Mainline, encourages staff to take
advantage of healthcare opportunities that help to promote the smoking ban.
only requires that enclosed areas are smoke-free,
meaning that open-air platforms technically aren’t
covered.
But according to Network Rail, the problem
has been solved by using certain railway byelaws.
The company’s commercial manager, Andrew
Hutton, says: ‘As I understand it, any company
can set its own rules, but we clearly have the
benefit of having railway byelaws in place and
we’re able to adjust them as we wish to within
reason.’ It’s enabled Network Rail and the train
operators to declare that all ‘station premises’ will
be smoke-free. Smoking will still be allowed in
station forecourts and car parks that don’t have
a roof.
Special posters will be going up soon to inform
passengers about the changes and no-smoking
signage will also be used when the law actually
comes in. According to Hutton, working out the
wording of the signs hasn’t been easy, because of
the fact that the smoking ban on the railways will
be governed by the two different sets of rules.
He says: ‘We have an issue in making sure that
the wording that is relative to the railway byelaws
is correct where it needs to be. And where the
wording relates to the legal part, it needs to be
correct to reflect that.’ Both Network Rail and the
Tocs are promising a comprehensive signage on
all stations. Atoc’s John Dennis says: ‘There will
be notices put up because that’s part of the
legislative requirement. They will gradually appear
throughout June. All Tocs will be responsible for
ensuring that it happens.’
One company, Midland Mainline, decided not
to wait until July. It took the lead
and imposed a ban on all its
managed properties, including
stations, in January. Managing
director, Garry Raven says: ‘We’ve
gone early to allow staff and passengers a period
of time to get used to it. We’d already banned
smoking on trains several years ago and it was
generally well received.’
Midland Mainline has also had to consider its
workforce. The changes have meant kitchens and
redundant rooms, where previously smoking was
tolerated, are all out of bounds to smokers. Signs
outlining the changes have gone up in all
company offices. Raven says: ‘We have tried to be
sympathetic in the way we do it. We’ve tried to give
everyone some sort of fair weather shelter if they
wish to carry on smoking. But we’ve also done
Well Being days.’ The special sessions arranged
by the company have been well attended. Midland
Mainline has also agreed to provide free nicotine
patches for those who want to give up. Around 30
members of staff have signed up, including MD
himself. ‘I was just taking advantage of a window
of opportunity I suppose. I have been smoking
for 40 years and have given up a couple times in
the past and have failed miserably. I just thought
that this would be an opportunity for me.’
Enforcement of the new laws appears to be
something of a grey area. Ultimately the British
Transport Police will be responsible. However, with
large parts of the rail system already non-smoking,
a force spokesman pointed out that it’s largely
enforced through self-policing and by rail staff,
adding: ‘If a police officer comes across someone
smoking where they shouldn’t, they would enforce
it as well.’ The BTP maintains that the extension
of no-smoking areas that the new legislation is
bringing in isn't expected to cause any major
problems. The spokesman says the ban in
Scotland has not caused any problems and, so far,
the Welsh experience has been the same.
According to Network Rail, peer pressure and
disapproval from other non-smoking passengers
are probably all that is needed to deal with most
of those who flout the law. Nevertheless, staff
working on the railways are being given definitive
advice and guidance about how to deal with such
incidents. Network Rail’s Andrew Hutton says:
“At what point, and how do you
professionally, but firmly, make
sure that the new rules are taken
note of? We don’t want the police
getting involved every time
somebody lights up a cigarette, but
on the other hand we can’t allow it
to be flouted.’
For railway managers there are
other issues that need to be dealt
with ahead of July. The ban on
smoking in the workplace will also
cover company vehicles. Network
Rail has thousands of them. Hutton
says: ‘The issue of company vehicles
is quite a big one. Basically as soon as
you’re in a company vehicle that could be shared,
then it’s no smoking area.’
While the smoking ban may be something of
a minefield for railway managers to interpret and
enforce, it will obviously provide a much more
pleasant environment for both passengers and
staff who don’t smoke. The Government’s hoping
that those who do might decide that the changes
provide an ideal opportunity to give up smoking.
Many companies have, quite rightly, been drawing
on experience from Scotland where a smoking
ban appears to have been accepted and more
importunately hasn’t been widely abused. But
ultimately railway managers in England are
responsible for ensuring that the new laws are
observed.
Those in charge of the premises could face a
£2,500 fine if they fail to stop people flouting the
law. They could also be charged on-the-spot fines
of £200 if they fail to display adequate nosmoking
signs, with the penalty increasing to
£1,000 if the issue goes to court.
There has been much debate about whether a
ban should be imposed, but so far where it has
happen the signs are very positive. Let’s hope the
same happens here in July.
Peter Plisner is the BBC’s Midlands transport
correspondent.
MAY 2007 : RAIL PROFESSIONAL
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