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03 January 2005
British Union Moves To Extinguish
The Big Smoke
The
GMB, Britain's leading trade union launched a campaign in
its London region against the risks of passive smoking to
its members employed at casinos. It is conducting a survey
of members, allowing them to detail their
experiences.
Plans have been put
forward to make anywhere in Britain that sells food a no
smoking zone, although as private members clubs, casinos
would be able to canvass their members as to their
preference.
But the GMB feels strongly
that staff should have as strong a say and is asking venues
to reconsider their policy with regards to passive smoking
exposure within the workplace.
"In addition to general
duty of care to employees under the Health and Safety at
Work Act, you may be aware of an amendment to the Management
of Health and Safety at Work Regulations which removed the
civil liability exclusions in the original regulations. What
this actually means in practice is that an employee could
use the fact that if there was a non-existent or inadequate
risk assessment carried out by the employer then this
omission could be used in a claim for damages against the
employer in civil action."
The GMB is saying there is
now no excuse available which could claim lack of knowledge
of the facts.
"Indeed, many
organisations agree that the concept of 'guilty knowledge'
is now established and that it is this that will be used in
the event of claims for compensation for health damage," it
added. "There have
been moves already within some parts of the hospitality
industry to develop smoke free workplaces as there is no
satisfactory alternative to fully smoke free workplaces," it
added.
"Ventilation and smoke
free areas do not sufficiently protect employees as there is
no safe level of exposure to second-hand tobacco smoke. In
addition, there is always the possibility that a smoke free
environment could well attract extra business."
Whilst the experience in
Australia would suggest this is hardly the case, it is clear
that casinos have to act to protect their employees. The
issue of passive smoking in British casinos burst into the
news in 1999, although the case in question was eventually
settled out of court in 2003.
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