Smoking at Work Policy. Health & Safety Advisor. Issue Date March Review Date September Version 2

Transcription

1 Smoking at Work Policy Document Type Author Owner (Dept) Smoking at Work Policy Health & Safety Advisor Operations Issue Date March 2018 Review Date September 2019 Version 2

2 List of Contents Page No 1. A Smoke Free Organisation Purpose Policy Aim Key Principles Legal Obligations Risk Assessment Domiciliary Visits Legal Instruments: Equal Opportunities Policy in Practice Scope Policy Details Implementation, Monitoring and Review Training Responsibilities Support for Smokers Summary Support for Smokers Sources of Help to Stop Smoking Page 2

3 1. A Smoke Free Organisation 1.1 Purpose This policy applies to all employees of The Mungo Foundation and thus has been developed in conjunction with The Mungo Foundation s commitment through the organisational Health and Safety Policy in providing a safe and healthy working environment and to protect all employees, individuals we support, customers and visitors from exposure to second hand smoke and to assist in compliance with the: Smoking, Health and Social Care (Scotland) Act Prohibition of Smoking in certain premises (Scotland) Regulations 2006 (came into effect on the 26 March 2006 at 6a.m.); Additionally, guidance as contained within Smoke Free Scotland Guidance on smoking policies for the NHS, Local Authorities and Care Service Providers December 2005 (ISBN: ). Smoking including the use of electronic smoking devices will be prohibited on all of The Mungo Foundation premises and buildings where the organisation provides services, all vehicles and most of the grounds. Exemptions to the law, only a few exemptions to the law have been made, mainly on humanitarian grounds. The exemptions which will be applicable to The Mungo Foundation are residential accommodation, designated rooms in adult care homes and private vehicles. Please note: Day Care Centres are covered by the Legislation. However, nothing in the new law obliges an employer or Manager of exempted premises, to permit smoking or to provide a smoking area; Designated smoking areas for individuals can be established as long as certain criteria are met; Additionally, no requirement exists to provide external smoking areas to comply with Legislation and strong evidence suggests that their provision undermines the potential health gain to staff and those who use their services. A clear message will be provided that smoking and the effects of passive smoking are a major cause of preventable ill health and should be discouraged. It is hoped that a more efficient workforce will emerge as sickness absence rates diminish over time as the prevalence of tobacco related diseases falls and also on a wider scale a reduction in associated health care and treatment costs. Exposure to second hand smoke, also known as passive smoking, increases the risk of lung cancer, heart disease and other illnesses. In addition, passive smoking can trigger or aggravate respiratory conditions such as asthma or bronchitis. It can also irritate the eyes, cause coughs and headaches and generally make non-smokers feel ill. Page 3

4 Ventilation or separating smokers and non-smokers within the same airspace does not completely stop potentially dangerous exposure. Tobacco smoke contains over 4,000 chemicals in the form of particles and gases and about 60 are known or suspected to cause cancer. 1.2 Policy It is the policy of The Mungo Foundation that all our workplaces are smoke free, and all employees have a right to work in a smoke free environment. The policy came into effect on Sunday 26 March Smoking including the use of electronic smoking devices is prohibited throughout the entire workplace including doorways, main entrances, fire-exits and grounds out-with designated areas. These areas will be clearly marked and should be situated 6m from buildings and entrances; This also includes company vehicles. This policy applies to all employees, contractors, agency staff, visitors and individuals; As well as being a workplace, our services are a place where people live. Where it is not appropriate for these locations to become entirely smokefree arrangements should be made to restrict smoking to designated areas that do not create environmental smoke exposure to others e.g. a sealed but well ventilated smoking lounge ; Any designated room should be enclosed spaces with ventilation systems that do not ventilate into any other part of the building, and should be clearly marked as a room in which smoking is permitted; These rooms must under the terms of the exemption be enclosed spaces i.e. not at the end of a large room. They must have some form of forced air ventilation that vents to the outside of the building and not immediately beneath or next to a window; ideally, they will be separated from the corridor or connections to the rest of the building by a double door; Ventilation systems may make the air appear cleaner, by diluting the larger particles found in tobacco smoke, but ventilation cannot protect people from the health risks associated with second hand smoke; These rooms are designated for the use of individuals we support, not staff or visitors. Staff should not normally be required to work in these rooms. It would not be possible to prevent employees encountering passive or second-hand smoke when entering these designated areas; In such circumstances, exposure of employees should be reduced to a minimum i.e. by ensuring that no employee is expected to spend prolonged and/or un-necessary periods of time working in a smoking area; Staff with pre-existing conditions exacerbated by second hand smoke e.g. asthma, should not be asked to enter them at all; If it is not possible to provide a designated room for smoking in line with the legislation, then the building must be smoke free. This ensures that Page 4

5 1.3 Aim individuals and staff are protected from the dangers of second hand smoke (See exemptions to the law 1.1). The aim of this policy is to provide a smoke-free environment, for the benefit of staff, individuals we support and visitors; This is fundamental to The Mungo Foundation s desire to be a responsible employer, and to embrace the continuous improvement of employees and individual s health, safety and welfare; Consultation and communication are essential features in the development of a sustainable approach to a Smoking at Work Policy. To further enhance this process, it is essential that local team meetings/briefings are conducted where issues can be discussed and feedback from employees is evaluated; It is vitally important that the continued importance of investing in good clear and robust communication with service users is met. While posters and signage have an important role to play it is better to correspond and engage directly with individuals we support, as the organisation currently does with quality service delivery and National Care Standards; Once support has been gained from individuals it should be given a high profile; Communicating to all that the evidence against the effectiveness of ventilation, as a solution to the problem of second hand smoke, should also be included; Health improvement is a key aim of the Scottish Executive and the N.H.S. a reduction in smoking prevalence and exposure will contribute greatly to this; A smoke free environment and the provision of tobacco education and cessation support are recognised methods of achieving this aim, all of which are at the heart of this policy for The Mungo Foundation. 1.4 Key Principles No visitor, individual we support or staff member should be exposed to tobacco smoke or vapors for the use of electronic smoking devices against their will; It is tobacco smoke, and its effects on those who use it and are exposed to it, that is the problem rather than the smokers themselves; Smokers who want to stop can be offered smoking cessation support through various agencies; those suffering from withdrawal will be treated in a supportive way. Page 5

6 1.5 Legal Obligations Risk Assessment Under the requirements of the Management of Health and Safety at Work Regulations 1999, employers should assess the risks to any employees who may be subjected to the effects of second hand smoke, and take action as appropriate to control or minimise that risk. Employers also have specific requirement under Regulation 25 of the Workplace (Health, Safety and Welfare) Regulations 1992, to ensure that rest rooms and rest areas include suitable arrangements to protect non-smokers from discomfort caused by tobacco smoke. Risk Assessments will be undertaken in all areas where The Mungo Foundation employees could be exposed to tobacco smoke in supporting individuals including in their own homes. This will identify the level of risk and any actions that may be taken practicable in minimising or reducing the risk. Careful consideration in the risk assessment needs to be given to the matter of staff leaving the site or location in order to smoke, particularly those working late in the evening or through the night, or for that matter even in the middle of the day and putting themselves or others at risk. Above all else, the health and safety of employees needs to be the major concern; This may lead to control measures identified being implemented, the need to discourage employees from this practice and instead encourage them to consider joining a smoking cessation programme; The following organisational policies will assist with this process; reference should be made accordingly to Health and Safety Policy, Risk Assessment Policy, Fire Policy & Fire Safety Guidance Domiciliary Visits Employees conducting domiciliary/home visits to private residencies should note they are not covered by this Legislation; Staff that visit or treat people in their own homes are at risk if the individual we support is a smoker; Step 1: To ascertain which homes staff visit are occupied by smokers, it would be advisable as good practice to develop such a list; Step 2: Once this is done it would assist in what steps can be taken to reduce the exposure the staff might face; Step 3: Measures that should be taken include writing to all those who will be visited to ask of them and those who may be with them, not to smoke during the visit, and ideally not to smoke for an hour or so before the visit is scheduled to take place; Page 6

7 Step 4: It is important to identify members of staff who have a pre-existing condition that is made worse by exposure to second hand smoke such as asthma and any cardiovascular disease or who face additional risks e.g. during pregnancy. Members of staff who have such conditions or are pregnant are at a higher risk and particular care should be taken to prevent or minimise their exposure to tobacco smoke; No member of staff should be expected to make consecutive visits, or even a sequence of visits, to houses in which they are likely to be exposed to tobacco smoke. A better option is to alternate the visits, but this should not take place of the steps three and four Additionally, individuals Support/Care Plans, individual risk assessments where applicable should be utilised and integrated with this assessment process. Reference should be made to the appropriate and relevant care practice and policy guidelines as contained within the Managers Health and Safety Handbook. No Smoking Signage It is a legal requirement to display no smoking signs in premises and vehicles affected. Appropriate signage would include the international no smoking symbol 85mm in diameter and 230mm by160mm in size for the sign; Additional signage to include the name of the person to whom a complaint may be made to by anyone who observes someone smoking; The risk assessment process will assist to identify signage locations and numbers, with a sympathetic approach being given due to the premises being individuals homes; The same will apply to vehicles with the only difference being no actual size is required; however, the signs must be visible and be able to be read by anyone in the vehicle as well as anyone approaching the vehicle. Copies of sample signage can be downloaded from Legal Instruments: The Management of Health and Safety at Work Regulations 1999; Health & Safety at Work Act 1974; The Workplace (Health, Safety and Welfare) Regulations 1992; Employment Rights Act 1996; The Disability Discrimination Act 1995; Safety & Health of Pregnant Workers (Directive 92/85/EEC); Control of Substances Hazardous to Health (COSHH) Regulations Equal Opportunities The application of this policy will be monitored by the Director of Human Resources to ensure equitable treatment of all employees irrespective of sex, race, age, disability, sexual orientation, ethnic origin, religion or belief. Page 7

8 2. Policy in Practice 2.1 Scope Smoking, including the use of electronic smoking devices is not allowed on The Mungo Foundation premises and where applicable employees should not expose others to second hand or passive smoke in shared premises. This policy covers all of The Mungo Foundations premises or where services are provided. These include: All buildings including offices and sleep-over rooms; All grounds, car parks, doorways, main entrances, gardens, building sites; All vehicles, mini-buses, pool cars, lease cars (within working hours) vans. The policy applies to: All the Mungo Foundation employees; All individuals we support, visitors, contractors, or other people whose work, study or personal circumstances brings them onto The Mungo Foundation premises. 2.2 Policy Details It is neither reasonable nor realistic to expect all individuals to stop smoking in their own homes. Therefore, some employees whilst supporting individuals in their own home will be exposed to tobacco smoke. Where possible, work patterns should be adjusted to minimise this. Employees are not permitted to smoke at work and should not smoke during these visits. However, individuals should be supported and made aware of health issues surrounding this issue as per National Care Standards. Staff must not smoke or use any electronic smoking devices when on duty, whether on The Mungo Foundation property or representing the organisation elsewhere (even if smoking is permitted). This is because it is important not to expose others to passive smoke; Staff may smoke only during official breaks, in a designated external smoking area (if provided) or out-with the premises away from all doorways and entrances; Ideally all vehicles used by employees as part of their work should become smoke free. Particularly relevant when a private vehicle is being used to convey passengers. The use of private vehicles as a smoking shelter should be discouraged; Premises which are used by children/families which are wholly or substantially enclosed are required to be smoke-free under the Legislation. Consideration should be given through risk assessment/pre-planning to visit only smoke-free environments in the external areas frequented by children and young people; All job applicants will be issued with a statement about the policy; Page 8

9 All staff/individuals we support information leaflet will be made available explaining the policy and providing advice on cessation support at periodic information days; (do we have such a leaflet?) Contractors working on The Mungo Foundation sites are subject to this policy and will be notified of these conditions prior to employment and/or commencement of work; To protect staff who visit individuals in their own homes, service users and their families will be requested not to smoke for the duration of the visit; Breaches of the policy: If a member of staff breaches the No Smoking arrangements as contained within Smoking at Work Policy they are liable to be subject to disciplinary action. Line Managers will be made aware of their responsibility and authority in this matter. 2.3 Implementation, Monitoring and Review This policy is intended to benefit staff, individuals we support and visitors, so all staff are responsible for its continued implementation. Line Managers should refer to their responsibilities as contained within The Mungo Foundation s Health and Safety Policy. The policy was developed by the Health and Safety Advisor and Director of Corporate Services with a full consultation process including Senior Management and the members of the Policy Review Group. Line Managers/Project Managers must ensure that main policy provisions are clearly displayed at all entrances to their respective locations and premises; Line Managers must ensure that employees within areas they control or manage are made familiar with and understand the information and contents of this policy and sign appropriate documentation accordingly that this has been done; The policy will be made available to all staff and included in staff handbooks, the recruitment process and The Mungo Foundation intranet section of the website; Overall responsibility for ensuring the policy is implemented monitored and reviewed annually rests with the Director of Operations and the Director of Human Resources; Monitoring of adherence to the policy, the action plan and uptake of smoking cessation services will be carried out by Human Resources and Line Management. All monitoring information will be reported to and shared with the Health and Safety Advisor to enable the review process to be conducted. Please direct any questions in the first instance or concerns about the policy to the Director of Human Resources or the appropriate Line Manager. Page 9

10 2.4 Training All staff will be made aware of their responsibility for complying with and supporting the Smoking at Work Policy. Managers will be briefed/trained on the policy enforcement protocol. Training on smoking cessation interventions in order to help colleagues can be accessed by staff via Human Resources, The Mungo Foundation, Scottish Health at Work (S.H.A.W.) Group and appropriate agencies. Line Managers may wish to include this in employee Personal Development Plans at annual appraisals. 2.5 Responsibilities Employee: To comply with the policy as part of the terms & conditions of employment, and to support and enforce it with individuals we support, visitors and colleagues; Line Managers/Supervisor: To support any employee who expresses a desire to stop smoking, to ensure that the policy framework is being adhered to in his/her area of responsibility and to handle any breaches in a considered and thoughtful manner; Human Resources: To provide support, training and advice to Managers to help them to apply the policy effectively, to monitor policy breaches and to include a briefing on the policy at staff induction, circulate the policy and update if changes are made; Stewards/Safety Representatives: To provide support and advice to their members, ensuring that the policy is used appropriately; 3 Support for Smokers 3.1 Summary Many smokers want to quit smoking, and employees may use the policy to enhance their motivation to stop. Some of the most significant health benefits of the smokefree Legislation will only be realised if smokers use the opportunity to stop smoking. There are various benefits to be found in quitting smoking, e.g. the prevention of continued steep decline in lung function is almost gained immediately. With this in mind, as a responsible employer, The Mungo Foundation will provide the appropriate support to employees and individuals we support. It is equally recognised that many smokers do not wish to stop, and that they must be helped to cope with the restrictions imposed by this policy and will be encouraged to seek support to quit. 3.2 Support for Smokers Existing staff who smoke will be encouraged to seek support to quit, which will be made available from a variety of sources; Where possible individuals smoking status should be recorded in support plans and where applicable individual risk assessments. They should be offered information about stopping smoking if applicable; Page 10

11 Visitor information should include reference to this policy, emphasising the support that smokers need when they are trying to quit, and discouraging the supply of tobacco products including electronic smoking devices to individuals; The local arrangements for accessing such support will be clearly publicised to staff; Periodic publicity campaigns will be undertaken (e.g. No Smoking Day, The Mungo Foundation S.H.A.W Tobacco information and support day) and through The Mungo Foundation s S.H.A.W (Scottish Health at Work) Group to encourage smokers to attempt to stop, and publicise the support available. 3.3 Sources of Help to Stop Smoking Smoke line - 24 hours helpline Local G.P. Surgery Public Health Department of Local N.H.S. Scotland Starting Fresh Pharmacy Programme Free Phone (9am-9pm) Smoking Concerns Eastbank Health Promotion Centre 22 Academy Street Shettleston Tel: Page 11