Bar staff lung tests may trigger ‘explosion’ in smoking litigation

Dan Buckley

Bar staff in the North are taking part in a series of medical tests to establish their lung capacity after a shift in a smoke-filled bar, compared to a bar worker who works in a smoke-free environment.

The move, part of a campaign to bring in a smoking ban in the North, could see a surge in legal cases against employers for infringing on an employee’s right to a safe working environment.

Health workers are measuring the lung capacity of pub workers in a move forecast to trigger an “explosion” in litigation.

The ATGWU, the largest representatives of bar workers in the North, said it would support members who wished to sue over smoke-related illness in light of evidence due out next year.

“If you can prove that there is damage to your health because of your work and your employer didn’t take precautions to prevent that, then technically you can sue your employer.”

The union organiser believes a reason for the Republic’s ban was the number of lawsuits filed against employers in the US.

The test results, if they turn out as anticipated, will have “huge ramifications” on calls for an extension of the Republic’s ban north of the Border, said Dr Shane Albright of Trinity College Dublin, who is co-ordinating the research.

Sinn Féin health spokesman John O’Dowd welcomed the announcement yesterday.

“Bar and hotel workers have every right to take legal action to protect their health. Why should these workers be any different from other workers whose right to work in an environment that does not damage their health is protected in law?”

Mr O’Dowd said although legislation in the South was brought in to protect workers’ health in the workplace, it also acted as an incentive to quit smoking.

Mr O’Dowd said Northern Ireland Health Minister Angela Smith would have to act sooner rather than later to protect the health of all the workers in the North.

When the ban was being considered in the South, the union Mandate, which represents the majority of bar staff, said research showed that 150 bar workers died in Ireland every year from ill-health caused by passive smoking.