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What's the law say on smoking in your home?..

  • 18-06-2009 5:21pm
    #1
    Red Sleeping Beauty
    Closed Accounts Posts: 6,443 ✭✭✭


    ...when you've hired some workers to do work (electrician, carpenter, kitchen fitter, plumber, tiler etc. etc. ) in the house and it's their place of work and you're smoking ?


Comments

  • #2
    Thoie
    Registered Users, Registered Users 2 Posts: 6,344 ✭✭✭Thoie


    Dunno what the law says, but if I fancy a smoke when there's workmen around, I usually ask if they'd have a problem with it, and then they usually take out their own smokes and suggest I put the kettle on :)

    If any said "Please don't" I certainly wouldn't though, as they're entitled to work in a smoke free environment afaik.


  • #3
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    Alan Rouge wrote: »
    ...when you've hired some workers to do work (electrician, carpenter, kitchen fitter, plumber, tiler etc. etc. ) in the house and it's their place of work and you're smoking ?

    The law is vague on this, the Office of Tobacco control can gvie you an opinion on there compliance hotline. The number for the line is 1890 333 100.

    Also, even it is "legal", this could not stop someone complaining/sueing over it.


  • #4
    DublinWriter
    Registered Users, Registered Users 2 Posts: 9,560 ✭✭✭DublinWriter


    Alan Rouge wrote: »
    ...when you've hired some workers to do work (electrician, carpenter, kitchen fitter, plumber, tiler etc. etc. ) in the house and it's their place of work and you're smoking ?
    They they're as entitled to sue you in 20 years time as much as those who currently work in the Prisons Service.

    Army deafness claims? You ain't heard nothing yet guys.


  • #5
    dumbyearbook
    Registered Users, Registered Users 2 Posts: 842 ✭✭✭dumbyearbook


    No way are they 'as entitled'

    Big difference between working for a number of years in a smokey environment like a prison and 2 days painting someones house where there were a few cigs smoked.

    They would have no chance imo trying to prove it was your smoke that did the damage would be next to impossible, their employer (not you but their actual boss) could be liable in a proportion to his responsibility there is a Jacobs case Kelly v Jacobs Biscuits i think that has some of this type of things, employers liability for occupational injury.


  • #6
    Red Sleeping Beauty
    Closed Accounts Posts: 6,443 ✭✭✭Red Sleeping Beauty


    I think some of ye may have mistook me. The law governing smoking in the work place.... what mention is made if any about someone working in your home ?

    (can you tell I'm not a lawyer:o)


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  • #7
    dumbyearbook
    Registered Users, Registered Users 2 Posts: 842 ✭✭✭dumbyearbook


    Alan Rouge wrote: »
    I think some of ye may have mistook me. The law governing smoking in the work place.... what mention is made if any about someone working in your home ?

    (can you tell I'm not a lawyer:o)

    Ah don't be worrying about that - basic principals still apply! TBH i hav'nt a clue about the actual legislation. Not many would just like that they'd have to look it up.

    *not a lawyer either just part of the way there.


  • #8
    Red Sleeping Beauty
    Closed Accounts Posts: 6,443 ✭✭✭Red Sleeping Beauty


    http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/health-and-safety/ban_on_smoking_in_the_workplace_in_ireland

    I usually go by their site for most basic stuff but that all seems to mention employer and employee. If you hire someone to fit you a kitchen or whatever you're not really their employer are you ?


  • #9
    dumbyearbook
    Registered Users, Registered Users 2 Posts: 842 ✭✭✭dumbyearbook


    Alan Rouge wrote: »
    http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/health-and-safety/ban_on_smoking_in_the_workplace_in_ireland

    I usually go by their site for most basic stuff but that all seems to mention employer and employee. If you hire someone to fit you a kitchen or whatever you're not really their employer are you ?

    Ya thats true contract 'for' v contract 'of' service - a repair guy is contract for service so your not really liable for his occupational injury there is less of a duty owed to him its debatable though*. I mean if you put someone to work in a place that you know can harm them and they are injured you would still be liable, for a bit of smoke though theres no chance of this being proven its not like they were there for years.

    *covers himself

    I think the take on that though is more vicarious liability if they as an employee harm another and its the employers problem, e.g. as per Keane et al in Tort Law. your taxi driver hits someone en-route no liability v your own driver - you are liable.


  • #10
    Red Sleeping Beauty
    Closed Accounts Posts: 6,443 ✭✭✭Red Sleeping Beauty


    There's also a slight difference isn't there between hiring a person to do a job (say the boss of a small 4 man crew) and that's the guy you pay but he's got 2 guys that come to your house to do the job.

    So you don't have any kind of agreement or arrangment with the 2 guys doing the labour . The contract would be with the boss but he's not doing the work.


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