From 6am on 26 March 2006, all Scottish workplaces, and most enclosed public spaces, should be free from smoke, as a result of the implementation of the Smoking Health and Social Care (Scotland) Act 2005 . In order to ease the transition, the Scottish Executive has issued guidance to help employers, managers and those in control of business premises comply with the new law.
The guidance recommends having discussions with staff prior to implementing any smoke-free policy, and encourages Scottish employers to take 'reasonable measures' to ensure staff, customers and visitors are made aware of the policy and do not smoke on the premises. Employers should be warned that common-place "smoking rooms" will no longer be permitted. Also, if employees fail to adhere to the ban, employers may be fined £200 if they do not take reasonable measures to prevent workplace smoking or if they do not provide adequate warning signs. A refusal or failure to pay may result in prosecution and a £2500 fine.