Rights with a company vehicle smelling of smoke

[adambart84]

Where I work there are several company vehicles, and one of our employees regularly smokes in one of them and although the manager has been told about this he turns a blind eye as this person hasnt been caught in the act and the manager has no interest in trying to catch him. This has caused a lot of annoyance with the other staff especially the non smokers as the vehicle absolutley stinks. I generally never drive this vehicle but I may have to soon, is it acceptable for me to refuse to drive this on the grounds it smells of smoke?

[Eloise01]

Re: Rights with a company vehicle smelling of smoke

Not if the employer says that it does not - which is what they appear to be saying. Refusing a reasonable instruction is a disciplinary offence. If you and your colleagues think that you have a reason to complain, then you should submit a grievance formally to the manager; and if that does not succeed, appeal to his manager.

[CleverClogs]

Re: Rights with a company vehicle smelling of smoke

Not if the employer says that it does not - which is what they appear to be saying. Refusing a reasonable instruction is a disciplinary offence. If you and your colleagues think that you have a reason to complain, then you should submit a grievance formally to the manager; and if that does not succeed, appeal to his manager.

Might there be an elfen safety aspect to this?

[adambart84]

Re: Rights with a company vehicle smelling of smoke

Yes the only problem with a grievance is that said smoker is a serious mouthpiece so nobody wants to submit anything official because he will start kicking off, and there is no doubt the manager would tell him who submitted it, also the next one up the chain tue regional manager is best pals with the base manager so no doubt it would be brushed under the carpet:-(

[CleverClogs]

Re: Rights with a company vehicle smelling of smoke

Yes the only problem with a grievance is that said smoker is a serious mouthpiece so nobody wants to submit anything official because he will start kicking off, and there is no doubt the manager would tell him who submitted it, also the next one up the chain tue regional manager is best pals with the base manager so no doubt it would be brushed under the carpet:-(

So use the "passive smoking" argument and report them anonymously to the HSE.

[ostell]

Re: Rights with a company vehicle smelling of smoke

Quick look around the internet finds that a shared company car is workplace and is subject to the No Smoking ban. It should also have a No smoking sign in the car. Employer could be fined up to Ł200 for not having that sign. Some info here and here. Looks like your local environmental health department are the enforceres and it may be a word with them might produce results.

[Eloise01]

Re: Rights with a company vehicle smelling of smoke

Quick look around the internet finds that a shared company car is workplace and is subject to the No Smoking ban. It should also have a No smoking sign in the car. Employer could be fined up to Ł200 for not having that sign. Some info here and here. Looks like your local environmental health department are the enforceres and it may be a word with them might produce results.

This is all true. But the fact is that it still requires someone (or a group of people) to make a complaint. The OP cannot simply refuse a management instruction based on their guess - even if it is a correct guess. They allege that this person is moking in the vehicle and they must complain about the matter. If they anonymously report it, the chances are that the employer will know who did it, and going to external authorities raises the anti about how the employer might deal with that. The OP needs to make a decision - accept the situation or not. If they can't accept it, then they must consdier what they are going to do about it considering the potential impacts on themselves and others. I am not suggesting that the situation isn't unpleasant and unlawful - but for whatever reason, at this moment in time the person has not been seen smoking in the vehicle, has not been reported, and no formal complaints have been made.

[wales01man]

Re: Rights with a company vehicle smelling of smoke

I notice when im out and about that many smokers even without a fag in their hand stink of smoking,i would think that if the Op has no real evidence that someone has smoked in the vehicle but the fact is that the driver is a heavy smoker the car would still stink the smell of smoking lingers.One has to wonder if the smoker is disliked by his colleagues for some reason?
By the way im an ex smoker but i beleive we all have a choice

[Sapphire]

Re: Rights with a company vehicle smelling of smoke

You could be right Wales, smokers don't realise it but basically they stink of smoke even after one ciggy, then getting into a vehicle it permeates into the seats etc. My sister in law has the odd ciggie because she believes it helps to keep the weight off, she goes out into the garden or garage and thinks that the smoke doesn't linger on her and her clothes, ok its not as bad but its still there.

[wales01man]

Re: Rights with a company vehicle smelling of smoke

Thanks Sapphire
this i think would be tge defence from the management if a HSE complaint was made as in any law there needs to be proof not just someones word doubful whether any one would openley give evidence to help the Op it could be their job on the line?
Eloise will advise but where can this realistically go?

[Eloise01]

Re: Rights with a company vehicle smelling of smoke

Thanks Sapphire
this i think would be tge defence from the management if a HSE complaint was made as in any law there needs to be proof not just someones word doubful whether any one would openley give evidence to help the Op it could be their job on the line?
Eloise will advise but where can this realistically go?

I agree - that is why I emphasised that the person has not been seen (or reported as being seen) smoking in the vehicle. Smelling of smoke does not, as you and Sapphy observe, mean that someone has been smoking in the vehicle. If the OP or their colleagues know, as in witnessed, this person smoking in the vehicle then their option to is to report this misconduct - and it is misconduct. This does not give them a right to refuse to drive the vehicle, which is also misconduct - refusing to do their job/ refusing a management instruction.

[Sapphire]

Re: Rights with a company vehicle smelling of smoke

Ok so take it further, what if it were me that worked there and I've just had an allergy and intollerance test which I received the results back last Saturday and one of the things that showed up that I'm intollerant is tobacco and tobacco smoke in the atmosphere, where would someone like me stand in that situation ?

[Inca]

Re: Rights with a company vehicle smelling of smoke

Ok so take it further, what if it were me that worked there and I've just had an allergy and intollerance test which I received the results back last Saturday and one of the things that showed up that I'm intollerant is tobacco and tobacco smoke in the atmosphere, where would someone like me stand in that situation ?

I've already told ya luv,,you have to be a teetotal non smoking bird who can't have chips and ketchup...YA DOOMED............DOOMED I TELL YA msl:

[wales01man]

Re: Rights with a company vehicle smelling of smoke

Sappy
going to extremes tgere but even walking along the street you can inhale tobbaco smoke and all the other fumes in the atmosphere cant see youd win that one ?
But i may be wrong

[wales01man]

Re: Rights with a company vehicle smelling of smoke

Inca
why spoil chips with ketchup get all over your fingers