NOT PROTECTIVELY MARKED

Transcription

1 No smoking Policy Policy summary It is illegal under the Health Act 2006, and regulations made under that act, to expose a person to second hand smoke in an enclosed or substantially enclosed workplace or an enclosed company owned vehicle. In addition it is illegal under the Smoke-free (Private Vehicles) Regulations 2015 to smoke in a private vehicle with someone under eighteen years of age present. The primary concern for West Yorkshire Police is to ensure that no individual is illegally subjected to passive smoking while at work, visiting police premises or using a vehicle and this policy procedure is intended to provide clear guidelines to police officers and staff. Aim The aim of this policy is to: enable West Yorkshire Police to comply with and at all times be seen to comply with, the legislation; protect any person, e.g. employees, customers, contractors and visitors to the workplace or in vehicles from illegal exposure to second hand smoke; and advise all police officers and staff that a 'no smoking' policy exists within buildings and vehicles under its control, and the responsibilities of individuals in relation to this. Scope This policy applies to all police officers, special constables, police staff and volunteers. Compliance This procedure complies with statutory requirements as laid down in the following: Equality Act 2010 Health Act 2006 Smoke-free (Private Vehicles) Regulations 2015 Employment Relations Act 1999 Employment Rights Act 1996 Employment Protection (Consolidation) Act 1978 (as amended by the Employment Act 1989) Health and Safety at Work Act 1974 Further information Further information may be obtained from the following: HR manager HR officer No smoking Page 1 of 5

2 Business Services Department Occupational Health Unit Chapter 1 Principles Criminal offence Smoking in: the workplace or in a Force vehicle constitutes a criminal offence for both employer and employee; and a private vehicle with someone present under eighteen years of age constitutes a criminal offence for the employee. Smoking at work Smoking; which includes the use of electronic cigarettes will not be permitted within West Yorkshire Police premises, or while undertaking business on behalf of the Force or in vehicles (including hire vehicles). Anyone using an electronic cigarette can give the appearance that they are actually smoking, this is an impression that the Force does not want officers or staff to give to: the public; or their colleagues. Non compliance In accordance with the Force s Misconduct and Discipline policies, action will be taken against any police officer, member of police staff, special constable or volunteer who fails to comply with this policy. Enforcing authority Any police officer, member of police staff, special constable or volunteer who illegally smokes may also be issued with a fixed penalty fine. Confidential reporting It is the duty of every member of the Force to report anyone who they have reason to believe is smoking in the workplace, on police premises or in a vehicle. This may be done through the Confidential reporting policy which can be accessed via this link. Recruitment All job advertisements must refer to the smoking ban and all applicants must be informed about it. No smoking Page 2 of 5

3 Breaks Introduction Breaks for the purpose of smoking are not permitted. Police staff No official breaks exist for police staff other than those contained in their employment terms and conditions of service. Premises and grounds Communal areas Smoking is prohibited in any part of the workplace including offices, toilets, showers, stairways, lifts, corridors, kitchens, reception areas, entrances or any other communal area. Outside the workplace Smoking is not allowed on Force premises including areas such as car parks, gardens, grounds or driveways which are part of those premises. Dedicated structures Dedicated physical structures or facilities will not be provided to accommodate smokers. Visiting members of the public in their homes A person is legally permitted to smoke in their own home, e.g. if an officer or employee visits them in the course of their duties. The householder and the person visiting them may reach their own agreement about when and where smoking can take place, if at all. If at all possible this should be communicated before the meeting takes place. Vehicles Definition of Force vehicle For the purposes of this procedure, a Force vehicle is any vehicle owned, hired or required to be used by the Force. An example of an officer being required to use a vehicle not owned or hired by the Force might be when recovering a car after a road traffic collision. Smoking Smoking is prohibited in any part of a Force vehicle, or in a private vehicle with someone under eighteen years of age present, at any time. No smoking Page 3 of 5

4 Informing passengers All members of the Force are expected to inform passengers about the no smoking policy in relation to vehicles. However, they are not expected to enter into any confrontation that may put their personal safety at risk. Legal obligation The driver of a Force vehicle has a legal obligation to try and stop any passenger from smoking in/on that vehicle. Fail to stop passenger smoking If a police officer, member of police staff, special constable or volunteer fails to stop a passenger from smoking in/on a Force vehicle, the Force may be liable to pay a court fine unless they can show that the employee took reasonable steps to stop the passenger from smoking, e.g. by asking the passenger to stop. Cars parked on Force premises Smoking is prohibited in any vehicle parked on police premises, including vehicles personally owned by members of the Force. Smoking in vehicles parked on police premises, e.g. in car parking spaces, is regarded as an act of misconduct and may be subject to disciplinary action. Visitors Invitation to the workplace All written correspondence inviting a person to come to a workplace must inform them about the no smoking policy. Visitor non compliance All officers and members of police staff are expected to inform visitors about the no smoking policy in any part of the workplace. However, they are not expected to enter into any confrontation that may put their personal safety at risk. Signage Signs at entrances No smoking signs will be clearly displayed at all entrances to the workplace and in all Force owned vehicles. Buildings Only legally approved signs must be used at entrances to premises. These are provided and fitted by Business Services. Vehicles The Director of Business Services has overall responsibility for No smoking Page 4 of 5

5 ensuring that vehicles are properly fitted with the no smoking signs. Defacing or removing No smoking signs, in the workplace or in a Force owned vehicle, must not be defaced or removed. If an officer, member of police staff, special constable or volunteer is found doing so they may be subject to disciplinary action and may be dismissed. Further information about the discipline procedure and gross misconduct can be accessed via this: link for police officers; and link for police staff. Admin Last reviewed: November 2015 Scheduled for review: November 2019 No smoking Page 5 of 5