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Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law.
The Health Act 2006 is the main law relating to smoking in company vehicles and states that: enclosed vehicles which one or more persons use for work will be no-smoking premises and covered by the ban. The ban applies to cars, vans and lorries at all times if they can be used by one or more persons, as driver or passenger, in the course of paid or voluntary work – regardless of whether they are in the vehicle at the same time.
So it is clear the employer is breaching the law here by allowing the person to smoke in a lorry that is shared by others. Their actions can actually be an offence liable for a fine. In the meantime you can certainly refuse to drive it because they are not looking after your health and safety and are breaching the law.
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