Passive smoking—some further legal issues for employers

Abstract

In the past year there have been several important developments concerning passive smoking including the publication of two authoritative books;1,2 two important UK cases3,4 which will affect all future personal injury claims for passive smoking and the first successful passive smoking claim for State Accident Disablement Benefit.5 Worldwide, the Australia Federal Court6 confirmed that there is unequivocal scientific evidence that passive smoking is harmful to health. This judgement is particularly significant for the UK as it was the testimony of two leading experts, Professor Nicholas J. Wald and Sir Richard Doll, whose evidence helped convince the Judge about the harmful health effects of passive smoke. Within the European Community several newly‐adopted Directives7 may well require employers to adopt a more rigorous approach to smoking restrictions. In particular, an EC Resolution in 19898 requires Member States to ban smoking in all public places. This has been given important legal backing by the European Court of Justice9 which may force Member States to adopt the Resolution whether they like it or not! Other measures concerning tobacco products are currently being reviewed by the Commission. Copyright © 1992, Wiley Blackwell. All rights reserved