Smoking in a car solely used for work

Clashmore · 10-09-2013 03:23PM #1

Hi lads,

Quick question, I work in a job that involves me taking clients out in a car that is supplied by the company I work for, specifically for the purpose of taking clients to appointments, school etc.
One of the clients smokes and is allowed to smoke in the company cars. As the car is technically my place of work while I am driving it, can I refuse to allow the client to smoke in the car. Some of the other staff in the company how no issues with her smoking in the car as the are smokers themselves. I however have an issue with this as I am a non-smoker and do not want to put my health at risk so she can smoke in the car.

Thanks in Advance

Clashmore

brian_t · 10-09-2013 06:18PM

Clashmore wrote: »

Hi lads,

Quick question, I work in a job that involves me taking clients out in a car that is supplied by the company I work for, specifically for the purpose of taking clients to appointments, school etc.
One of the clients smokes and is allowed to smoke in the company cars. As the car is technically my place of work while I am driving it, can I refuse to allow the client to smoke in the car. Some of the other staff in the company how no issues with her smoking in the car as the are smokers themselves. I however have an issue with this as I am a non-smoker and do not want to put my health at risk so she can smoke in the car.

Thanks in Advance

Clashmore

I thought that the ban included company cars.

Since 29 March 2004, the Irish Government has implemented a ban [on] smoking in the workplace.

This means that with effect from that date (29 March 2004) smoking is forbidden in enclosed places of work.

This includes office blocks, various buildings, public houses/bars, restaurants and company vehicles (cars and vans).

http://labspace.open.ac.uk/mod/resource/view.php?id=427561

Del2005 · 11-09-2013 11:31AM

Don't know about how legal this is. If I'm driving you obey my rules and I don't allow smoking in cars, got an ex smokers car and had to scrub it from the headliner to removing the seats to get at the carpet below.

Cody Pomeray · 11-09-2013 12:12PM

Clashmore wrote: »

Hi lads,

Quick question, I work in a job that involves me taking clients out in a car that is supplied by the company I work for, specifically for the purpose of taking clients to appointments, school etc.
One of the clients smokes and is allowed to smoke in the company cars. As the car is technically my place of work while I am driving it, can I refuse to allow the client to smoke in the car. Some of the other staff in the company how no issues with her smoking in the car as the are smokers themselves. I however have an issue with this as I am a non-smoker and do not want to put my health at risk so she can smoke in the car.

Thanks in Advance

Clashmore

The Public Health (Tobacco) Act, 2002 borrowed the definition of "place of work" from the Safety, Health and Welfare at Work Act, 1989. That Act included in its definition of a "place of work", a "vehicle, vessel or aircraft".

Your colleague or client cannot smoke in a car which you are required to share with that colleague or client for the purpose of your employment.

knotknowbody · 11-09-2013 12:16PM

Legally, the client should not smoke in the car as it is your workplace, I know rules are regularly bent to keep clients happy, but if you don't want her smoking tell her you would prefer if she didn't, most smokers are understanding of this and will refrain, if she doesn't then tell her it's you car and she can't smoke in it.

Your boss may give you hassle for upsetting the client but ultimately will have to back you, so stick to your guns, do you have any conditions which could be affected by the smoke such as asthma, if you do use them to your advantage.

Del2005 · 11-09-2013 03:31PM

knotknowbody wrote: »

Legally, the client should not smoke in the car as it is your workplace, I know rules are regularly bent to keep clients happy, but if you don't want her smoking tell her you would prefer if she didn't, most smokers are understanding of this and will refrain, if she doesn't then tell her it's you car and she can't smoke in it.

Your boss may give you hassle for upsetting the client but ultimately will have to back you, so stick to your guns, do you have any conditions which could be affected by the smoke such as asthma, if you do use them to your advantage.

My life being reduced by inhaling a poison would be the main condition.

Smoking in a car solely used for work

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