IT is only a matter of time before an employer in the region is sued over passive smoking at work.

That is the warning employers will receive at a conference later this month.

The Newcastle event, organised by the Department of Health, will focus on the issue of second-hand smoke in workplaces.

While there is still no explicit law making it illegal to expose employees to smoke, existing health and safety legislation could be used to sue firms.

So far, only a handful of claims by employees have been settled out of court, including a former casino worker who was paid thousands of pounds.

But these cases could increase unless passive smoking is eliminated in the workplace, according to experts.

Keith Patten, a solicitor from the Newcastle branch of Thompsons, the largest specialist personal injury and employment rights lawyers in the UK, said it was highly likely that there would be claims from employees who felt their health had been damaged at work.

He said: "Employers have a duty in law to assess risks to employees and do what they can to remove them.

"It is more than prudent to consider the issue of passive smoking. They have a clear obligation to staff."

Ian Willmore, deputy director of the national pressure group Action on Smoking and Health, who is due to speak at the conference, said: "We already know that active smoking kills something like 120,000 people a year.

"The Government's chief medical officer has said that passive smoking kills at least 1,000 a year, although studies from Finland suggest that figure is probably higher."

Mr Willmore said unions and lawyers were increasingly looking to health and safety legislation as a basis for action against firms which take no action over passive smoking.

Dr John Woodhouse, deputy regional director of public health for the North-East NHS, said: "Our perception is that employers are increasingly at risk of litigation from employees who are exposed to workplace smoke."

The conference, which takes place on Wednesday, October 15, still has a few places left for employers.

To attend, call Denise Orange on 0191-202 3500.