Sacked for smoking

Hombre:
Why does it amaze you how many of us smoke in our cabs in traffic or otherwise? OK so its illegal,

Not necessarily. My company does not have a smoking policy I am the only person who uses the vehicle I drive and it is thus exempt from the Health Act 2008. I have this in writing from my local EHO.

This is DHL, and I remember doing a sign off about smoking in cabs etc. I remember when the new law came out a driver was caught smoking by a manager from another depot, and took photos of it on his mobile. The driver tried saying it was a fake cigarette to aid giving up smoking but the driver was sacked anyway. There are rumours of our depot closing or relocating so I suppose this explains the managers hiding up trees spying on people.

Harry Monk:

Hombre:
Why does it amaze you how many of us smoke in our cabs in traffic or otherwise? OK so its illegal,

Not necessarily. My company does not have a smoking policy I am the only person who uses the vehicle I drive and it is thus exempt from the Health Act 2008. I have this in writing from my local EHO.

I find that very interesting Harry because I was lead to believe that even in that case we weren’t allowed to smoke still in case a fitter or cop for example had to enter the vehicle. I know we have the ridiculous situation where all these useless people with more “ologies” than brain cells state that council tenants are no longer allowed to smoke in their homes in case a council official visits.
George Orwell was only off with his timing IMO.

I read an article in the Workplace reporter which is a periodic magazine from T&G section of unite. A driver was sacked due to a manager seeing the driver ‘smoking’ in his cab.

The driver won an unfair dismissal claim as the ‘cigarette’ was a fake cigarette (like the ones you can get from Nicorette)

I deliver to peoples homes, 40 times day, 5 days a week. Does that mean that each of these delivery locations are my place of work? I have to enter the home and leave the goods in whichever room the customer wants (normally upstairs). Does that mean that any customers that smoke are smoking in my place of work? (It doesn’t bother me in the slightest, I am all for people doing what the hell they like, especially in their own homes, just wondering what the nanny state would make of it!)

rp1974:
This is DHL, and I remember doing a sign off about smoking in cabs etc. I remember when the new law came out a driver was caught smoking by a manager from another depot, and took photos of it on his mobile. The driver tried saying it was a fake cigarette to aid giving up smoking but the driver was sacked anyway. There are rumours of our depot closing or relocating so I suppose this explains the managers hiding up trees spying on people.

Bet the ■■■■ of a manager was driving when took pics too

psv8:

Coffeeholic:

psv8:
same in van’s am forever getting police pointing at me smoking even though its my own van but its a camper .

If the police are pointing at you for smoking you might want to take heed. It’s not because they are worried about the smoking in the work place law that they are pointing at you, it will be for a potential larger fine and points for a more serious offence such as driving with undue care and attention or whatever it’s called these days. The police have nothing to do with the enforcement of or the issuing of penalties for breaking the work place smoking ban.

but that could also be classed as anyone who drives a car , the van is my own persnoal veicle and is a camper on the log book there for not not commercial vehicle so exluded from the rules .

You seemed to have completely missed the point. You’re not exempt from driving without due care and attention (or any other traffic law) because you’re driving a private vehicle :smiley:

i dont see as they have a leg to stand on if the evidence who is to say the driver was smoking and if they have pictures wouldnt that be classed as intrament working on the same area as cctv footage signs must be put up when your been filmed etc

psv8:

Coffeeholic:

psv8:
same in van’s am forever getting police pointing at me smoking even though its my own van but its a camper .

If the police are pointing at you for smoking you might want to take heed. It’s not because they are worried about the smoking in the work place law that they are pointing at you, it will be for a potential larger fine and points for a more serious offence such as driving with undue care and attention or whatever it’s called these days. The police have nothing to do with the enforcement of or the issuing of penalties for breaking the work place smoking ban.

but that could also be classed as anyone who drives a car , the van is my own persnoal veicle and is a camper on the log book there for not not commercial vehicle so exluded from the rules .

You missed the point. Whether the van is a private van or a commercial vehicle the police don’t care with regard to the smoking in the workplace rule, they have nothing to do with the enforcement of it or the issuing of penalties. If they are pointing at you it is for something else other than the smoking in the workplace regulations.

mrpj:

psv8:

Coffeeholic:

psv8:
same in van’s am forever getting police pointing at me smoking even though its my own van but its a camper .

If the police are pointing at you for smoking you might want to take heed. It’s not because they are worried about the smoking in the work place law that they are pointing at you, it will be for a potential larger fine and points for a more serious offence such as driving with undue care and attention or whatever it’s called these days. The police have nothing to do with the enforcement of or the issuing of penalties for breaking the work place smoking ban.

but that could also be classed as anyone who drives a car , the van is my own persnoal veicle and is a camper on the log book there for not not commercial vehicle so exluded from the rules .

You seemed to have completely missed the point. You’re not exempt from driving without due care and attention (or any other traffic law) because you’re driving a private vehicle :smiley:

but a officer wouldnt point at you if smoking while driving a car , i understand what your saying but works on both sides realy , car drivers are allowed to smoke while using there own persnol transport without been pointed at but because looks like a work van you aint supposed to smoke , had a argument with a officer once because i should have no smoking stickers apparntly :unamused: some officers just seam to think that its down to them normaly the young panda car drivers with a bit of power.

not down to driving without due care it was just quick pull up to remind me that comerchial stuff should not be smoked in

psv8:
but a officer wouldnt point at you if smoking while driving a car

He might do, in the same way he might do if you were drinking a can of coke, eating a sandwich or doing anything else they deem as distracting

psv8:
had a argument with a officer once because i should have no smoking stickers apparntly

Wouldn’t have been much of an argument, you could have just told him to [zb] off as enforcing or policing the smoking in a company vehicle legislation is nothing to do with him.

the maoster:
find that very interesting Harry because I was lead to believe that even in that case we weren’t allowed to smoke still in case a fitter or cop for example had to enter the vehicle. I know we have the ridiculous situation where all these useless people with more “ologies” than brain cells state that council tenants are no longer allowed to smoke in their homes in case a council official visits.

Simple answer is, you wouldn’t smoke in the presence of others, so their argument doesn’t hold water.
That’s the whole point about this craziness, if someone else is present in the same confined area, you wouldn’t smoke if they didn’t. When you’re on your own, which most drivers are, you should be able to do what you like as you are not affecting anyone else.

So…, everyone who has broken the tachograph laws (infringements) and has any points on their licence for speeding or traffic light offences(in a works vehicle) is liable to be dismissed for it as its gross misconduct? Interesting.

Mike-C:
So…, everyone who has broken the tachograph laws (infringements) and has any points on their licence for speeding or traffic light offences(in a works vehicle) is liable to be dismissed for it as its gross misconduct? Interesting.

Only if written into an agreed contract

What about the coppers who sit in the car having a ■■■?

Without smoking Jack Regan would never have been half as good a copper, you slags :stuck_out_tongue:

Wheel Nut:
Without smoking Jack Regan would never have been half as good a copper, you slags :stuck_out_tongue:

I remember that… “I found the swag from the blag stashed in this slag’s gaff” or something.

Harry Monk:

Wheel Nut:
Without smoking Jack Regan would never have been half as good a copper, you slags :stuck_out_tongue:

I remember that… “I found the swag from the blag stashed in this slag’s gaff” or something.

I remember he never had any ■■■■, would prob pull you over and tap one off you :slight_smile:

the maoster:
find that very interesting Harry because I was lead to believe that even in that case we weren’t allowed to smoke still in case a fitter or cop for example had to enter the vehicle. I know we have the ridiculous situation where all these useless people with more “ologies” than brain cells state that council tenants are no longer allowed to smoke in their homes in case a council official visits.

Maybe different in England the rules dunno, but up here i remember reading was on a NHS thing that if you were getting a home visit from a doctor or district nurse you werent supposed to smoke in your house prior to them visiting and make sure there is no smokey enviroment, otherwise they can refuse to enter your house.

No idea if this is the case or not, think its the same for workmen supposed to provide a smoke free working enviroment.

Council tenants not being able to smoke in their own homes, never heard that one won’t be true. Its a private residence you can do as you wish, well apart from grow huge amounts of canabis, run a brothel etc… They don’t looked to kindly on people welding motorcycles in their living room either so my friend found out :slight_smile:

Only laws relating to that would be if you lived in flats, i don’t think your allowed to smoke in the landing of the flats or inside the building in the shared areas.

I’m in a rented flat while I sit out the second phase of the property price crash and I’m not supposed to smoke in my flat or let anyone else smoke, according to the rental agreement.

A little off topic -
Most residential care homes for the elderly have a no smoking rule !!
How the hell do they expect someone of 80+ who has smoked all their life to suddenly quit ■■?
This is one of the most ridiculous draconian laws ever sanctioned
What is wrong with having some sort of sensible law on this issue - I’m quite sure that the majority would agree to not smoking in a restuarant for example