Smoke Free Workplace Policy

Document Sample
Smoke Free Workplace Policy Powered By Docstoc
					 Smoke-free Workplace

Status: /   Implemented 1st June 2006

            Revised August 2009

Contents                            Page
Introduction                        2
Aims                                2
Scope                               2
Background Information              3
The Policy and Regulations          4
Residential establishments          5
Third party premises                6
Implementation and enforcement      6
Complaints                          7

Access: If you require this information in an alternative format such
as large type, audio cassette or Braille, please contact the HR
Employment Policy and Support 01609 536028

          Smoke-free Workplace


          In 2007,smoking became prohibited in all public places in England and the
          new law has been successfully implemented. The general public has
          welcomed smoke free public places as an environmental enhancement and
          North Yorkshire County Council fully support these developments.

          1.0        North Yorkshire County Council (NYCC) is committed to an effective
                     approach to safeguarding the health and well being of all employees
                     and others involved with the delivery of Council services. To this end

                       Recognises its duty to provide safe and healthy working conditions
                        and service delivery environments, by prohibiting smoking in all its
                        workplaces, enclosed and substantially enclosed spaces and
                       Employees are asked to not smoke while in NYCC grounds
                       Recognises the significant evidence detailing the harmful effect on
                        health of smoking including passive smoking


          2. 0       The aim of this policy is to:

                       Inform employees and managers of their responsibilities in respect
                        of the policy, and
                       Inform employee of the Health Act, 2006 which prohibits smoking in
                        public and substantially enclosed public places/premises
                       Protect the health of employees, service users, Elected Members,
                        and others visiting and using North Yorkshire County Council
                        premises and services by applying and enforcing the law
                       Support smokers and provide stop-smoking information where
                       Support customers and visitors in complying with both the Policy
                        and the legislation.


          3.0        This policy applies to all employees of North Yorkshire County Council.
                     School Head teachers and Governing Bodies should adopt this policy
                     or a similar one for all school premises to be legally compliant.

the      In addition, the Health Act, 2006 that prohibits smoking in all public places and
      substantially enclosed public places sets out a number of offences related to breaches of
      the regulations. The County Council therefore, has a duty to ensure that elected
      members, visitors, service users, contractors and agency workers who enter the
      Council's owned or rented premises or vehicles are made aware of the smoke-free
      regulations in order to comply with them. Employee breaches will be treated as matter of

    Definitions of enclosed or substantially enclosed public places
    The Department of Health have prepared an easy to use guidance
    document ‘Everything you need to Prepare for the New Smoke free Law
    from 1st July 2007’ that includes definitions and examples of enclosed and
    substantially enclosed public places. The guidance also includes FAQS and
    can be found at

    The Law and Regulations
    4.0   The Health Act, 2006, provides five sets of smoke free regulations
          effective from 1st July, 2007 to which North Yorkshire County Council
          as an employer, service provider and building and premises
          owner/user must comply:
           The Smoke-free (Premises and Enforcement) Regulations
           The Smoke-free (Signs) Regulations
           The Smoke-free (Exemptions and Vehicles) Regulations
           The Smoke-free (Penalties and Discounted Amounts) Regulations
           The Smoke-free (Vehicle Operators and Penalty Notices)

    No-smoking signs in smoke free premises

    4.1   The Health Act, 2006 places a legal duty on persons who occupy or
          manage smoke-free premises to display no-smoking signs that meet
          requirements set out in the regulations. Under the Health Act it will be
          against the law not to display the required no-smoking signs (from 1st
          July 2007). An easy to use guidance document is available from the
          Department of Health website
          (‘Everything you need to Prepare for the New Smoke Free Law on 1 st
          July 2007’)
    4.2   Therefore, as part of their duties, officers responsible for
          buildings and managers responsible for sections, areas or units
          will be expected to make sure that no-smoking signs are
          displayed. Details of how to obtain posters are given below.
   The minimum size for no smoking signs is A5 and 70mms for the no-smoking
    symbol itself
1. The County Hall Print Unit will provide both building and vehicle signs and
   direct orders can placed by calling 01609 532904
2. No smoking signs can be ordered up to maximum quantities of 50 per order
   from the website, or email or telephone 0800 169 1697. These are free
   of charge.

4.3     Legal enforcement
 Where breaches take place the Health Act, 2006 provides the following
which applies to employees, managers, Elected Members, clients, contractors
and any other person on NYCC premises in the smoke-free areas:
       The offence of smoking in a smoke-free place will be a summary
        conviction and fine up to £200 or a fixed penalty notice of £50
       Where an employer fails to display no-smoking signs they may
        receive a summary conviction and a fine of up to £1,000 or a fixed
        notice penalty of £200
       The offence of failing to prevent smoking in a smoke-free place will
        be a summary conviction and fine up to £2,500

The policy and regulations

5.0 In addition to section 4.0-4.3, the following will apply and any breach of
    the regulations by employees will be treated as a conduct issue:

       Employees are asked not to smoke while in NYCC grounds
       Smoking is prohibited in all NYCC owned /rented/ controlled
        buildings, and all enclosed or substantially enclosed public places. (
        Refer to Residential Establishments for exceptions (6.0))
       Smoking is prohibited in NYCC owned and hired vehicles including
        pool cars and any vehicle used for NYCC business as a public
       Where staff are paid an allowance and transport staff, other
        personnel, clients other passengers smoking in the vehicle will be
       Where staff use lease cars the above will apply
       Staff will not take smoking breaks or clock out using the flexi-scheme
        during the working day in order to take smoke breaks
       Managers will not allow staff to take smoking breaks or to clock out
        during the working day in order to take smoke breaks
       Staff who do smoke are prohibited from smoking in or near NYCC
        doorways, entrances and exits to NYCC owned and controlled
        buildings. Instead staff who smoke are urged to smoke elsewhere
        and preferably not on County Council premises or grounds.

       Where a building is shared, North Yorkshire County Council will
        request that the policy is adopted by other organisations and that the
        policy is applied to communal areas.

       The policy applies to all NYCC employees whether employed directly
        by the Council or seconded to other organisations. The Policy also

        applies to staff employed through an agency, by a contractor or by
        other organisations.

      Electronic Cigarettes – For the purposes of this policy, the use of
      electronic cigarettes is to be regarded in the same way as tobacco
      cigarettes (i.e. they are not permitted to be used in any work related
      setting). This is because they may be unsettling to other employees –
      particularly those who are trying to give up smoking or have recently
      done so – and their use may be misinterpreted and/or cause alarm.

 Staff should also be considerate of the local communities in which they
work and not drop cigarette ends off site when they are smoking during their
lunch break.

It is an offence under section 87 of the Environmental Protection Act, 1990 to
throw or drop litter. Local Authority Wardens have the power to issue penalty
notices to anyone caught littering and this can result in a fine of £2,500. The
Police and private individuals can also bring prosecution.

Residential establishments

6.0 NYCC recognises that residential establishments are residents'
    homes. But, they are also workplaces and the Council has a duty of
    care to employees and a responsibility not to place them in situations
    that could risk damage to health.

6.1 Residential services managers will carry out health and safety risk
    assessments to explore options to minimise risk to employees, service
    users and others visiting the establishment and will identify local
    solutions that balance needs and responsibilities. These risk
    assessments will require Director Approval.

6.2 Should a designated smoke-room be necessary in a residential home for
    the use of clients then it must be kept clean and adequately ventilated.
    Contaminated air must not enter the rest of the building

6.3 Smoking by residents is not permitted within Council premises, by
    entrances or exits to buildings, or within enclosed or substantially
    enclosed areas or where they are in view of the public, except in an
    approved designated room as above. A list of approved smoke-rooms
    will be maintained by the relevant Service Directorate.

6.4 Employees’ exposure to the exempted area outlined above should be
    kept to an absolute minimum. Employees should seek advice from their
    line manager who should take all reasonable steps to protect them from
    exposure to second hand smoke.

6.5 Day Service facilities will apply a similar approach.

Note: Designated smoking rooms in other establishments (including schools)
are not permitted under the Health Act or this Policy.

Third party premises

7.0 Employees required to visit other premises as part of their duties, both
    commercial and domestic – including a service user’s home, should
    advise the occupant when arranging a visit of NYCC’s Smoke-free
    Workplace Policy.

     However, while the Council has a duty of care to protect its employees it
     cannot exert prohibitions in private dwellings. Employees should where
     possible, request that the occupant arrange for a non-smoking area to
     be provided for the duration of the visit.

7.1 Where service users or other occupants do not respect this request and
    a solution cannot be agreed at that point the employee might, for this
    reason only, suspend the visit. However, prior to taking this action they
    should seek the advice and assistance of their line manager.

     Where the service is provided regularly, an arrangement with the service
     user should be agreed where at all possible for future and planned visits.
7.2 If an employee identifies that they have a pre-existing health problem,
    which is made worse by exposure to smoke they should discuss this with
    their manager to make alternative arrangements where possible.

Implementation and enforcement of the policy

8.0 Each Corporate Director will be responsible for the promotion and
    maintenance of this ‘Smoke-free Workplace’ Policy. Guidance regarding
    responsibilities in relation to the policy and enforcement is available from
    the People Matters website in the Managers Information folder.

8.1 The Council recognises that smoking is an addiction and aims to provide
    a supportive environment for those wishing to overcome it. Employees
    will therefore be permitted up to four hours paid time leave to access
    Smoking Cessation support with the NHS Stop Smoking Service, as a
    one-off provision and would then use their own time.

8.2 Visitors not adhering to the Policy will be asked to comply or leave the
    premises/grounds as they will be committing an offence for which they
    and the County Council will be liable.

 8.3 The policy will form part of new employees’ induction packs. Training
     and guidance to enforce the policy will form part of new manager’s

 8.4 Line managers, the Health and Well Being Service, Health and Safety
     and HR Services will promote the smoking cessation support services


8.6    If members of staff continue to smoke on NYCC premises during work
       time, or are observed littering areas on or off site complaints should be
       made to the Service Manager or Head of Service in which they work.

 Review of the policy

 The Policy will be reviewed by North Yorkshire County Council’s Corporate
 Risk Management Group twelve months after the date of



Shared By: