SEED has advised that the use of smoking machines
indoors, even in a fume cupboard and following the control measures
resulting from a suitable risk assessment as outlined in
SSERC
Bulletin 217, is illegal. SSERC has been informed that teachers
carrying out this demonstration in a laboratory are liable to be
prosecuted.
However, SEED states that it would be legal to
demonstrate the smoking machine outdoors. We are of the opinion that
certain weather conditions could make outdoor demonstration of the
smoking machine less safe than indoor demonstration, carried out
within a fume cupboard and with appropriate control measures in
place. For example, light and variable winds may cause smoke to
drift and be inhaled by observers.
Please advise your teaching and support staff
of this guidance from SEED.
This situation results from recent legislation
introduced by the Scottish Executive. The
Smoking, Health and Social Care (Scotland) Act, 2005 aims to
discourage individuals from smoking. This Act, we are told, has made
illegal the indoor use of the smoking machine, a well-established
school demonstration, which also aims to discourage young people
from smoking. This demonstration, when carried out as described in
this SSERC Bulletin 217, presents minimal risk to onlookers whilst
delivering a powerful, visual and lasting message on the dangers of
smoking tobacco. SSERC believes that the use of the smoking machine
in schools is effective, valuable and should be exempt from The
Smoking, Health and Social Care (Scotland) Act, 2005.
15
th August 2006