Yes they should, have you read the Enstrom/Kabat study?
http://www.bmj.com/cgi/content/full/326/7398/1057
Enstrom/Kabat study
8th August 2006 the HSE in their document OC 255/15 article14? state
" HSE cannot produce epidemiological evidence to link levels of exposure to second hand smoke to the raised risk of contracting specific diseases".
9 The evidential link between individual circumstances of exposure to risk in
exempted premises will be hard to establish. In essence, HSE cannot
produce epidemiological evidence to link levels of exposure to SHS to the
raised risk of contracting specific diseases and it is therefore difficult to prove
health-related breaches of the Health and Safety at Work Act. Inspectors
are therefore urged to exercise caution in considering any formal
enforcement action in relation to SHS (with one exception – see below).
However, the full impact of the smoking ban is difficult to foresee
completely, and if serious circumstances emerge where inspectors
believe they must consider enforcement, then they should consult
Health Unit and the Policy Team (see Annex 2 for contacts) before taking
action. The exception to this guidance relates to pre-existing health
conditions of employees which can be made worse by exposure to second
hand smoke e.g. respiratory or cardiovascular disease, or to pregnancy. In
such circumstances, specialist and medical advice may be necessary to
secure support for enforcement action.
http://cleanairquality.blogspot.com/
Air quality testing by Johns Hopkins University, the American Cancer Society, a Minnesota Environmental Health Department, and various researchers whose testing and report was peer reviewed and published in the esteemed British Medical Journal......prove that secondhand smoke is 2.6 - 25,000 times SAFER than occupational (OSHA) workplace regulations:
This vindictive ban is more about control, it is inhumane to ban those who are forced in mental unit, and cruel, get some decent ventilation.