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Thread: what rights do i have working in a smokers house ?

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    DILLIGAF GoNz0's Avatar
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    what rights do i have working in a smokers house ?

    as the title, i have to repair IT equipment in peoples homes, i really hate working in a smokers house, even worst when they have obviously just had a fag or even worst they spark one up while im in the room.

    can i refuse to work there and walk out without losing my job ?

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    Welcome to stampytown! Salazaar's Avatar
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    Re: what rights do i have working in a smokers house ?

    Doesn't look like it...

    http://www.opsi.gov.uk/si/si2007/uks..._en_1#pt2-l1g3

    Part 2, paragraph 3, clause 2 - It's a tricky double exemption but it looks like a home, under those circumstances, would be exempt.
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    Re: what rights do i have working in a smokers house ?

    Even if you could on a technical level, most employers will simply find other reasonable and legal grounds for either firing you, or convincing you to look elsewhere.

    On a pragmatic level, and especially considering today's economic and employment climate, I strongly advise you to avoid taking that stance unless you have another confirmed job to go to, or can afford to be out of work ..... unless you have genuine and convincing reasons for arguing that it affects your health.

    But one thing to also consider ..... if this requirement is new, then the longer to leave it without raising an objection the less likely you are to be able to object. If they've only just started pushing you to do this, you might have grounds to object.

    If you really are prepared to have a fight over this, get proper legal advice first, maybe starting at the CAB.

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    Welcome to stampytown! Salazaar's Avatar
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    Re: what rights do i have working in a smokers house ?

    You could politely ask if the homeowner(s) would mind not smoking right next to you, being as tactful as possible bearing in mind that you're in their home.
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    Re: what rights do i have working in a smokers house ?

    Quote Originally Posted by Salazaar View Post
    You could politely ask if the homeowner(s) would mind not smoking right next to you, being as tactful as possible bearing in mind that you're in their home.
    i echo all the above. if you don't like asking people, start coughing and say you have asthma or something and most people will get the hint. i doubt too many people would start lighting up and smoking next to you

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    Re: what rights do i have working in a smokers house ?

    I would second mentioning your asthma. At least then you can be as apologetic as possible, and say you're really sorry to ask them to stop.

    The vast majority would feel sorry for you that way, rather than confrontational if you acted as if you had the right to tell them what they can and can't do in their house.

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    Re: what rights do i have working in a smokers house ?

    As above, I would just mention to the smokers that you don't like being inside when people are smoking and you have asthma so they probably will either go outside or not smoke at all when you are around.

    I used to smoke inside at our old house when my dad smoked too, so we probably smoked 50 fags a day between us in 1 room then my brother smoked too so add another 10-15 a day, it absolutely stunk, the walls went yellow and it was disgusting. Even I could smell it and I cannot notice the smell of smoke on any smoker. Now, however I don't smoke inside and have cut down to about 10-15 a day when I previously smoked 20-30 due to it being easier. I actually prefer having to go outside to smoke as it costs me less in baccy and I actually have to make more of an effort to go out so it makes me think twice as to whether I really need this fag or not, if you get my drift.
    Last edited by Ben Rogers; 01-03-2010 at 04:31 PM.
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    Re: what rights do i have working in a smokers house ?

    Get a Gas Mask and carry that with you in your tool kit.

    When they spark up, dive for your bag and stick the mask on and inform them via a dry wipe-board and market set as to why your wearing it when they question you.

    I know what you mean though as I smoke and I don't like being indoors when either I'm smoking, or others are around me.

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    Re: what rights do i have working in a smokers house ?

    Gas Mask that is really extreme, I suppose exteme circs = extreme measures.

    Some jobs require the clients not to smoke when you are in their house, check your employers rules or regs. All failing i will go the asthma route.
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    Re: what rights do i have working in a smokers house ?

    Start smoking cigars. I smoke but can't stand smell of cigars; smoke out the pesky little critters!If you can't beat them then join them. You'll look cool too!

    On a serious note; I really do feel sorry for you as I don't like the smell of cigerette smoke inside. You can always ask if they do not smoke and if they could open a window. I wouldn't mind if it was my house. You are best off asking imo if there is nothing else you can do to avoid visiting smoking households.

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    Re: what rights do i have working in a smokers house ?

    Your employer has a statutory duty to take reasonable steps to look after your health while you are at work.

    If the company has 5 or more employees then it must have done a risk assessment to identify dangers to employee health, and a H&S policy, and someone with overall responsibility.

    Ask how the issue was addressed in the risk assessment and policy.

    Many firms ask smokers not to light up before or during a visit by one of their employees.

    Raise it as an issue but as Saracen says don't risk your job over it.

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    Re: what rights do i have working in a smokers house ?

    Quote Originally Posted by uni View Post
    i echo all the above. if you don't like asking people, start coughing and say you have asthma or something and most people will get the hint. i doubt too many people would start lighting up and smoking next to you
    seriously...don't do the coughing thing. as a (recently) ex smoker there is nothing more annoying than someone putting on a fake cough the minute you light up. if you object then say so rather than hinting, hinting (especially if its the fake cough cos this just brings out the belligerent side of smokers)
    if it ain't broke...fix it till it is


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    DILLIGAF GoNz0's Avatar
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    Re: what rights do i have working in a smokers house ?

    im an ex smoker, and only stopped last summer, i like the smell and it sets me off, i also hate the taste it leaves in my mounth and the wife hates me walking in stinking of smoke. its only these iansyst installs for people with disability where i come across this, the rest seem to have enough common sence to either not smoke, or not smoke near me.

    the dirty sod today had just been smoking and i wasnt impressed as i get a 2 hour slot. i feel more sorry for her kids as the room full of smoke was also full of baby toys.

    i will raise it with work as they should be told not to smoke when they know we are coming.

    i know my mother in law god rest her soul was a carer and her clients were told not to smoke around the time she was due.

    i will bring it up on the phone next time i talk to my manager and see what he says.

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    Re: what rights do i have working in a smokers house ?

    from memory when this came up at work regarding homeless hostels the resident of the property/residence can do what they like

    thankfully the government hasn't intruded on this yet...

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    Re: what rights do i have working in a smokers house ?

    Oh dear God no!.. People going about their daily business in their own homes, how truly horrible and inconsiderate of them!.. Bad people, Gordy Brown should really fix that. Maybe some CCTV cameras would help.

    Do you know what you should do? Tell them to go stand outside in the rain while you're working. That way you don't have to be a smidging uncomfortable.

    They should also take down potentially offensive religious iconology and football tops, you know, just in case that offends you too. Unless of course they're Muslims, because we wouldn't want Muslims being offended because of your offence.

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    Re: what rights do i have working in a smokers house ?

    I hate going into someones house who is a smoker. I end up coming out smelling like I've got a 50 a day habbit and my chest feels like I've just smoked 50 woodbines.

    Some of the people who smoke know not to smoke around me as like others here are I'm a member of the wheezy brigade (asthmatic) Some people are happy to not smoke around me if I ask them to, I don't think I've ever offended anyone by asking them not to smoke around me.

    I actually surprised someone when I showed them what their 50 a day habbit was doing to their PC. When I took the lid off the whole thing was pretty much a manky yellow colour inside, and as a result the CPU cooler was so blocked up with the muck that the fan stopped spinning and fried the CPU.

    Oddly enough after that the individual in question gave up smoking some weeks later saying that if that was going to happen to his PC he dreaded to think what it was going to do to him in later life ! You'd have thought a dirty great big message on the packaging saying "SMOKING KILLS" would be a bit of a pointer.

    However back on topic, there is very little the op can do other than ask the home owner not to smoke around you when your working, most peope are understanding and will happily honour your request. There are sadly a few arragant people won't and will carry on regardless.

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