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.