Lodging a complaint against employing allowing smoking in the workplace

Salsadancer11

How do I go about making an official complaint against my employer for allowing smoking in my workplace? Do I give a written complaint to my employer ? Or do I lodge a complaint to the relevant authorities?

I work in deliveries and dispatch in my company. My office is 10 feet for the delivery entrance door and there are always people smoking there in the doorway and filling up the corridor with smoke and I end up breathing in a lot of the smoke thereby my health is been affected and yet the company are turning a blind eye.

As the company refuse to give me a written contract even though they say my job is permanent I feel lodging such a complaint would lead me to been fired for causing trouble by lodging a complaint.

Is there any part of the law on my side regarding this complaint?

Pat Mustard

I would say that you should ring the Health & Safety Authority and ask them about making a complaint.

I would tend to agree that this is not likely to go down well with your employer.

Is there a union rep who could deal with the matter?

EDIT: contact the environmental health section of the HSE, rather than the HSA:

If you have a complaint about people smoking in a work-place, underage sales of cigarettes or any breach of tobacco legislation, first bring the matter to the attention of the person in charge. If your complaint is not dealt with satisfactorily contact your local Environmental Health Service or lo-call the National Tobacco Control Office on 1890 333100.

Salsadancer11

Thanks for the response as far as I know there is no union rep. In our company joining a union is frowned upon and it may go against you.

Even though lodging a complaint may go against me I still believe that I'm entitled to lodge this complaint as it's a breach of the law. Also, as far as I'm aware when I started the job just over a year ago I am entitled to be given a written contract if at least 1 page and I should have been required to sign something. This is another breach of the employment law is it not and a strange one at

petes

Are they smoking outside or inside?

Youngblood.III

Get some photos to back up your claim.

Salsadancer11

That's a good question Petes basically they open the door and start smoking in the doorway you could say they are smoking inside/outside and the smoke is been blown inside.

Thanks Youngblood.III I think ill need a hidden camer for that!

Sometimes I will arrive up to the door and walk away until they stop smoking which can delay my work day significantly particularly around Christmas.

Youngblood.III

Also...get everything you discuss with employers on email and print off a copy...for your own records.
Btw....no to secret cameras. Just use your phone from a discrete angle/place.

Rantan

I'd be more concerned about why you continue to work without a contract rather than making a fuss over something that could have repercussions for you regardless of whether you are right or not. If you haven't already done so you should calmly ask the smokers if they would mind moving as the smoke is polluting your workspace. You might also suggest to the H and S manager or rep that a designated smoking area needs to be identified. Only if these requests are not addressed should you even consider making a complaint

Salsadancer11

My manager says I'm mad for a contract anytime I ask for one and he keeps saying unless the building burns down my job is safe which I find quite insulting as I know my rights included having a work contract my manager needs to have control over people there why nobody gets a contract again if I pipped up about that it won't help me either.

I did have a job interview last week and have applied for lots of jobs so fingers crossed I'll get out soon before I've to lodge a complaint about anything.

I will have a chat with the H and S officer who is the same person I complain too if I don't get joy from the H and S officer.

Thanks for the advice

petes

Rather than going to your manger re the contract is there a HR department?

Salsadancer11

Unfortunately there is no HR department it's a medium sized company and each sections manager is HR! So I am in a bind and the future plan and best one is for me hopefully to gain employment elsewhere