Southern Health & Social Care Trust Smoke Free Policy. Smoke Free Policy

Transcription

1 Smoke Free Policy Author: Smoke Free Steering Group Directorate: Older People & Primary Care Original Version: March 2008 Revised version: January 2014 Page 1 of 20

2 Name of Policy: Purpose of Policy: Directorate responsible for Policy Name & Title of Author: Does this meet criteria of a Policy? Trade Union consultation? Equality Screened by: Policy Checklist Smoke Free Policy To ensure legal compliance and provide a healthier smoke free environment for all service users, staff, volunteers and visitors Older People & Primary Care Gerard Rocks, Acting Assistant Director for Promoting Wellbeing (on behalf of Trust Smoke Free Steering Group) Yes/No/Not Applicable Yes/No/Not Applicable Date Policy submitted to 16 June 2014 via . Policy Scrutiny Committee: Members of Policy Scrutiny Committee in Attendance: Vivienne Toal, Head of Employee Engagement & Relations (Chair), Anne Brennan, Senior Manager, Medical Directorate, Anita Carroll, Assistant Director of Acute Services Functional Support Services, Claire Graham, Head of Corporate Records, Nigel McClelland, Risk & Governance Manager, Claudine McComiskey, Head of Domiciliary Care (for Melanie McClements), Stephen McNally, Director of Finance & Procurement, Fiona Wright, Assistant Director of Nursing Governance Policy Approved/Rejected/ Amended Policy Implementation Plan included? Any other comments: Approved N/A Date presented to SMT 29 January 2014 Director Responsible Angela McVeigh, Director of OPPC SMT Approved/Rejected/Amended SMT Comments Approved. Date received by Employee Engagement & Relations for database/intranet/internet Date for further review 16 June year default Page 2 of 20

3 POLICY DOCUMENT VERSION CONTROL SHEET Title Title: Smokefree Policy Version: 3 Reference number/document name: Supersedes Supersedes: All previous Smoke Free policies (from April 2008) Description of Amendments(s)/Previous Policy or Version: Policy has been updated to include a ban on the use of e- cigarettes by staff, volunteers, patients, service users and the public in areas which are already declared smoke free including Trust premises, substantially enclosed outside areas and workplace vehicles. Originator Scrutiny Committee & SMT approval Circulation Name of Author: Melanie McClements (original), Gerard Rocks (revision) Title: Acting Assistant Director of Promoting Wellbeing Referred for approval by: Date of Referral: ScrutinyPolicy Committee Approval (Date) SMT approval (Date) Referred for approval by: Gerard Rocks Date of Referral: 29 th January 2014 RM/Policy Committee Approval (Date): 16 th June 2014 Review Review Date: March 2015 Responsibility of (Name): Gerard Rocks Title: Acting Assistant Director for Promoting Wellbeing Review Page 3 of 20

4 CONTENTS 1 INTRODUCTION TO POLICY 2 PURPOSE AND AIMS 3 POLICY STATEMENT 4 SCOPE OF POLICY 5 RESPONSIBILITIES 6 LEGISLATIVE COMPLIANCE, RELEVANT POLICIES, PROCEDURES & GUIDANCE 7 EQUALITY & HUMAN RIGHTS CONSIDERATIONS 8 MONITORING AND EVALUATION 9 SOURCES OF ADVICE AND FURTHER INFORMATION Page 4 of 20

5 1 INTRODUCTION TO POLICY The Southern Health and Social Care Trust recognises that smoking is the single most preventable cause of illness and premature death and contributes to further health inequality throughout Northern Ireland. In addition, the harmful health effects of environmental tobacco smoke (or second hand smoke) are now established beyond reasonable dispute, leading to many illhealth conditions in both smokers and non-smokers including lung cancer, heart disease and affecting chronic conditions such as asthma and bronchitis. The Trust has a legal obligation and is therefore committed to protecting staff, service users and the public from the detrimental health effects of environmental tobacco smoke in all of its premises. 2 PURPOSE AND AIMS To ensure legal compliance and provide a healthier smoke free environment for all service users, staff, volunteers and visitors. This policy has been produced in line with legislation, to protect all employees, service users and the public from exposure to second hand tobacco smoke and to assist compliance with The Smoking (NI) Order The law requires the Trust to prevent smoking within smoke free premises and vehicles. Failure to comply may lead to prosecution and financial penalties. Under the Health and Safety at Work (N.I.) Order 1978, the Trust has a statutory duty to ensure the health, safety and welfare of its employees and those affected by its activities, so far as is reasonably practical. The Policy Objectives are to: Comply with legal statute. Protect staff, the public and service users from exposure to second hand tobacco smoke. Page 5 of 20

6 Ensure that all service users, staff, volunteers and visitors are informed of and comply with the Trust smoke free policy. Encourage a reduction in smoking and an increase in uptake of smoking cessation support services. Manage the permitted exemptions to the smoke free legislation in designated areas within facilities registered as residential accommodation for persons aged 16 years or over. 3 POLICY STATEMENT It is the policy of Southern Health and Social Care Trust that all of our workplaces are smoke-free and all employees have a right to work in a smoke-free environment. Smoking is not permitted within any Trust building (owned, leased or rented), except those registered under The Residential Care Homes Order (N.I.). Smoking is not permitted within a reasonable area close to entrances and exits where smokers will impede access to and from the facility. Specifically, a 10 metre smoke free zone is in place around both Craigavon Area Hospital and Daisy Hill Hospital. Staff should ensure that blown smoke does not enter any facility or cause a nuisance to others. Where a smoking shelter is provided, smoking is strictly restricted to this area only. Smoking is not permitted in any Trust vehicle used for Trust business purposes, whether carrying passengers or not. Use of e-cigarettes The use of Electronic cigarettes (e-cigarettes) in public settings has grown rapidly over the last decade. E-cigarettes are battery powered products that typically look like real cigarettes, but are electronic nicotine delivery systems that turn nicotine, flavour and other chemicals into a vapour that is inhaled by the user. They use heat to vaporize a liquid-based solution containing nicotine Page 6 of 20

7 into an aerosol mist and have been marketed as a way to help smokers quit smoking. There is a lack of rigorous, peer-reviewed studies to support the use of e- cigarettes as a safe and effective nicotine-replacement therapy. They are also subject to limited regulation, and are not licensed as a medicine in the UK. Following advice from the Public Health Agency and a statement from the British Medical Association (Appendix 1) the Trust s SMT has agreed to prohibit the use of e cigarettes in SHSCT smoke free areas. To clarify, the use of e-cigarettes is not permitted by staff, service users, visitors or the public within any Trust Buildings. (owned or rented) or in substantially enclosed outside areas, or workplace vehicles. SHSCT staff should encourage their patients to use a regulated and licensed nicotine replacement therapy to help quit smoking 4 SCOPE OF THE POLICY The policy applies to all employees, patients, visitors, volunteers, contractors and any other persons who have reason to be on Trust premises, for any purpose whatsoever. Smoking is not permitted in any Trust building, owned leased or rented, including entrances and exits, except in designated areas within Registered Residential Care Homes. All Trust vehicles and private transport used for Trust business must be smoke free at all times, this does not apply to the interior of cars owned privately while not being used for Trust business purposes. Service users receiving Trust services in their own home will be asked to refrain from smoking when a member of staff is delivering a service (Appendix 2). 5 RESPONSIBILITIES Page 7 of 20

8 Overall responsibility for Trust compliance with the Smoking (N.I.) Order (2006) rests with the Trust Board and Chief Executive. However, all employees have an individual responsibility to implement and comply with this policy. All managers must ensure staff and service users are aware of the policy and that it is implemented effectively within their area of responsibility. Managers must ensure all breaches of the policy are dealt with appropriately and recorded using Incident Reporting procedures. 6 LEGISLATIVE COMPLIANCE, RELEVANT POLICIES, PROCEDURES & GUIDANCE The legislation requires that those responsible for smoke free premises must display at least one approved No Smoking sign in a prominent position at each public entrance (Appendix 3) The Smoke Free Policy and Facility Smoke Free Procedure where it exists must be communicated to any organisation or individual using Trust facilities. (Appendix 4: Model Facility Smoke Free Procedure) Managers are required to ensure rooms designated for smoking in residential accommodation are recorded in writing (Appendix 4: Model Facility Smoke Free Procedure) and that this document is available for inspection by Environmental Health. In addition they must ensure designated smoking rooms strictly comply with the criteria detailed below: Have a ceiling and except for doors and windows be completely enclosed; Page 8 of 20

9 Be clearly marked as one where smoking is permitted; Have a ventilation system into external air and not into another part of the premises; Have a door that mechanically closes immediately after use; Ensure that only residents who wish to smoke use this facility. It is the responsibility of the line manager to monitor and ensure compliance with the smoke free legislation and any breach should be managed appropriately and recorded through the Incident Reporting System. Any member of the public or service users refusing to comply with the smoke free status of Trust facilities will be reminded they are committing an offence and politely asked to stop smoking or to leave the premises. Any employee who breaches the Smoke Free Policy will be subject to disciplinary policy and procedures in accordance with the terms and conditions of their employment. Whilst staff are free to use their breaks as they wish, absence from duty to take breaks that have not been agreed with the line manager/shift coordinator will be treated as unauthorised absence and dealt with under the Disciplinary Procedure in the normal way. There will be an expectation that Trust staff will set a good example by not smoking in view of service users or visitors. Staff are entitled to refuse to provide services if a person continues to smoke and the Trust will support any member of staff who does so, as long as the patient or client is not put at risk as a result. Alternative care arrangements will be made for that patient or client and the option of withdrawal of service will be considered for persistent offenders. It is the responsibility of the staff member to report this situation to their line manager so that appropriate action can be taken. Page 9 of 20

10 Brief Intervention training will be available for all staff to support them in assessing smoking status with service users and referring smokers to Specialist Smoking Cessation Services. The Trust provides Specialist Smoking Cessation support clinics across the area. (Appendix 5) The penalties for not complying with the Smoke-Free Legislation are detailed in Appendix 6. 7 EQUALITY AND HUMAN RIGHTS CONSIDERATION This policy has been screened for equality implications as required by Section 75 and Schedule 9 of the Northern Ireland Act No significant equality implications have been identified. The Northern Ireland Human Rights Commission has confirmed that any interference with the ability of smokers to smoke in the workplace is likely to be justified under paragraph 8 (2). 8 MONITORING AND EVALUATION The Trust will be responsible for regular monitoring and auditing of the policy to ensure compliance. The first review of the policy will be 12 months after implementation and then annually thereafter. 9 SOURCES OF ADVICE AND FURTHER INFORMATION The Smoking (N I) Order The Health and Safety at Work (N.I.) Order 1978 A Five Year Tobacco Action Plan DHSSPS, HMSO, Belfast. Page 10 of 20

11 Smoke-Free Workplace Policy. SHSSB, Page 11 of 20

12 Appendix 1 Text from BMA statement January 2013 Stronger controls are needed on where e-cigarettes can be used in order to: Protect others from being exposed to e-cigarette vapours. While the concentrations of the constituents of these vapours (propylene glycol, glycerine, flavouring substances, and nicotine) are lower than with smoked cigarettes, 'passive vaping' has been found to occur with the use of e- cigarettes. Ensure their use does not undermine existing restrictions on smoke free public places and workplaces, by leading people to believe it is acceptable to smoke. Of particular concern to BMA members is their use by patients, visitors and staff in hospitals and other healthcare settings. Exposure to nicotine from e-cigarettes (either directly through their use by an individual or indirectly from the vapours they produce) may adversely impact on patients, such as those with heart or circulatory conditions, and their use may also become a source of conflict between staff and patients. Similar concerns exist in other settings, such as the use of e-cigarettes on airplanes. Ensure their use does not undermine the success of conventional tobacco control measures by reinforcing the normalcy of smoking behaviour in a way that other nicotine containing products do not. This specifically relates to the way these devices commonly resemble tobacco cigarettes, in terms of appearance, nomenclature and the way they are used, as well as Page 12 of 20

13 features such as flavouring and styling that are potentially highly attractive to children, and may include cigarette brand reinforcement. Health professionals should encourage their patients to use a regulated and licensed nicotine replacement therapy to help quit smoking. Where a patient is unable or unwilling to use or continue to use an approved and tested nicotine replacement therapy, health professionals may advise patients that while e-cigarettes are unregulated and their safety cannot be assured, they are likely to be a lower risk option than continuing to smoke. In light of these concerns, the BMA believes the existing smoke free legislation in place in the UK should be extended to include vapour from e- cigarettes. As an interim measure, they also encourage employers to implement organisation-wide policies prohibiting the use of e-cigarettes in their workplaces. Page 13 of 20

14 Appendix 2 Guidance for community staff delivering services in service user s homes. Managers of Trust services delivered in people s homes should inform clients of the Trust Smoke Free Policy and the obligation to protect staff from passive smoking. Service users should be requested to refrain from smoking for the duration of the visit. Staff should be advised to contact their line manager if difficulty arises in patient/ client continuation to smoke while they are present. Page 14 of 20

15 Dear Sir/Madam In compliance with the introduction of the Smoke Free legislation on 30 th April 2007, the Southern Health and Social Care Trust is operating a Smoke Free Policy. The aim of this policy is to protect workers and the public from the serious health effects of second-hand smoke. As a service user, we would like to bring the following to your attention. During home visits, some Trust staff have been faced with the situation whereby they have had to enter and carry out their work in smokey environments, exposing them to the risks of second hand smoke. As an employer the Trust has a duty to protect the health of its employees and therefore, we would ask, that if you smoke, to please observe the following requests: Please refrain from smoking in the room where the Trust staff are to carry out their work, for a period, no shorter than 30 minutes, prior to the visit. Ensure that the room where the Trust staff are to carry out their work in is well ventilated. Ensure that the room where the Trust staff are to carry out their work, remains smoke free for the duration of their visit. We hope that this does not cause too much inconvenience to anyone and would appreciate your co-operation in this matter. If you have any questions please contact the Service manager Thank you for your support and attention in this matter. Yours sincerely Page 15 of 20

16 Appendix 3 Signage The legislation requires those responsible for smoke free premises to display at least one no smoking sign in a prominent position at each public entrance. This sign must: Be a flat, rectangular sign that is not less than 148 millimetres by 210 millimetres; Bear the international no smoking symbol at least 75 millimetres in diameter with a red bar across it; Contain, in characters that can be easily read, the following words: No smoking. It is against the law to smoke in these premises On the sign, the words these premises may be replaced by the words referring to a particular smoke free premises for example this hospital. The legislation requires those responsible for a smoke free vehicle to display a no smoking sign in each compartment. These no smoking signs must display the international no smoking symbol. Signage is available from the Estates Department. Page 16 of 20

17 Appendix 4 Facility Smoke Free Procedure Name of Facility Designated Facility Manager The Facility Manager, supported by the relevant Assistant Director, will ensure that the following procedural points are adhered to:- A. It is against the law for anyone to smoke within this Trust facility. OR B It is against the law for the public and staff to smoke in this facility (Registered Residential care Homes only) Smoking is only permitted by residents within this facility in the following designated smoking room located on the floor, adjacent to The designated smoking room will be open to residents between am and pm. (optional) It will be locked outside of these hours and will be cleaned at each morning/evening. Page 17 of 20

18 The designated smoking room strictly complies with the criteria specified in the Trust Smoke free policy. Staff should be aware of the need for regular observation of those residents who smoke. Smoking is not permitted at entrances and exits to this facility or in proximity of windows to this facility. The designated areas for smoking outside the facility is The content of this procedure will be communicated to staff at team meetings and to new employees at induction. This procedure will be monitored by the Facility Manager and any breach thereof dealt with as per Trust Smoke Free Policy. Signed: Facility Manager Assistant Director Date: Note: This procedure should be held in the Facility Manager s office and be available for inspection by Environmental Health. Page 18 of 20

19 Appendix 5 Smoking Cessation Services For SHSCT Stop Smoking Support contact either: Tel: or stop.smoking@southerntrust.hscni.net Northern Ireland Smokers Helpline Free phone (Mon-Fri 4pm-8pm) Page 19 of 20

20 Appendix 6 Penalties for not complying with Smoke-Free Legislation Failure to comply with smoke-free legislation will be an offence. Failure to prevent smoking in smoke-free premises may lead to a maximum fine on summary conviction of 2,500 Failure to display no-smoking signage may lead to a 200 fixed penalty or to a maximum fine on summary conviction of 1,000 Smoking in a smoke-free place may lead to a 50 fixed penalty or to a maximum fine on summary conviction of 1,000 Page 20 of 20