Publicans face lawsuits over smoking, says union

THE union representing bar workers has warned that pub owners face a raft of legal cases from its members unless smoking is banned in pubs.

MANDATE have accused Minister for Health Micheál Martin’s of treating them like second-class citizens over his failure to introduce a complete ban on smoking in pubs.

Mr Martin’s Public Health Tobacco bill is proposing to ban smoking in the workplace, but bar employees won’t enjoy the benefits of this legislation.

Non-smoking in bars will only be limited to times when food is served on the premises.

“Again, workers who are most at risk from smoking are not being treated fairly. We think that workers inhale the equivalent of 20 cigarettes during a regular shift,” union official Eddie Cassidy said.

The union estimates that in the region of 150 bar workers die each year from smoking-related illnesses, and several are considering taking legal action against their employers.

Many bar employees have been forced to leave their work and take disability pensions because of the effects of passive-smoking, Mr Cassidy said.

The union, which represents 3,000 pub employees. is adamant that installing air conditioning systems in pubs doesn’t prevent ill-health among workers.

“There will be more cases soon. The majority of cases will be taken by people who reckon they have a good chance of being alive when it comes to court in a few years,” Mr Cassidy said.

Some workers who claim that their health has been harmed by tobacco smoke at work, are already suing employers for damages of up to 250,000.

Some 50 cases for damages from smoking being taken by Dublin solicitors, Ward and Fitzpatrick, will be listed for a High Court hearing in the next 12 months.

“We stopped taking cases about some time back. We’re confident that our clients will be successful,” solicitor Hugh Ward said.

Most of the cases are being taken by elderly bar workers who were employed in the one premises for several years.

The clients’ illnesses include lung cancer, diseases of the voice box, and emphysema.

Mr Ward said the workers will argue that the smoky conditions they are forced to work in were responsible for their poor health. 20 of the 50 workers are smokers themselves.

The Licensed Vintners Association has consistently said it would be difficult to take legal action against one particular publican, given that pub employees change work place frequently.

Smoking bill won’t protect bar staff

* MANDATE claims that 150 active and retired bar staff die each year from illnesses related to passive smoking.

* Some 50 cases are being taken by bar workers against their employers.

* A bar worker inhales the equivalent of about 20 cigarettes during a regular shift, the union claims.

* The Public Health Tobacco Bill proposes banning smoking in pubs when food is served.

* The Bill is also aiming to ban smoking in the workplace, but this law won’t cover bar workers.