Smoke-Free Workplace Enforcement Protocol

Transcription

1 DURHAM REGION HEALTH DEPARTMENT Smoke-Free Workplace Enforcement Protocol

2 Durham Region Health Department 101 Consumers Drive, 2nd Floor, Whitby, ON L1N 1C ext Toll-Free: ext FAX: durham.ca

3 TableofContents TableofContents Introduction... 2 The Smoke-Free Ontario Act... 3 Workplace Interventions... 6 The... 7 Collecting Witness Statements and Evidence... 9 Smoking Outside Workplace Entrances and Exits Helping Employees to Quit Smoking Appendices: Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 Appendix 7 Appendix 8 Appendix 9 Sample of Smoke-Free Workplace Policy Sample of Pay Cheque Reminder Sample of Condition of Employment Form Sample of a Violation Warning Notice Incident Report Form Witness Statement Form Witness Statement Additional Notes Instructions for completing forms Sample of a completed Incident Report Form Appendix 10 Sample of a completed Witness Statement Form

4 Introduction Introduction This resource outlines how workplaces can work together with Durham Region Health Department Tobacco Enforcement Officers to ensure compliance with the Smoke- Free Ontario Act (SFOA). The Act came into effect May 31, It is part of a comprehensive strategy to reduce illness and premature death linked to tobacco use and second-hand smoke exposure. The Act prohibits smoking in enclosed public places and enclosed workplaces in Ontario. Exposure to second-hand smoke causes between 1100 and 7800 deaths in Canada per year. At least one third of these deaths are in Ontario. There is conclusive evidence that there is no safe level of exposure to second-hand smoke. In adults, exposure to second-hand smoke can cause heart disease and lung cancer. In children, secondhand smoke can cause decreased lung function, bronchitis, pneumonia and other respiratory illnesses. Durham Region Tobacco Enforcement Officers are responsible for ensuring compliance and enforcement of the Smoke-Free Ontario Act. Durham Region Health Department will carry out inspections and investigate complaints in workplaces and public places. Your participation with this will assist you to maintain compliance with the Smoke-Free Ontario Act in your workplace. In addition, it will protect your employees and clients from involuntary exposure to second-hand smoke. Other benefits may include a clean and healthier workplace environment which will promote and protect the health of your employees, management, staff, visitors and customers. The purpose of this resource is to assist you in reaching a higher level of due-diligence. This resource will also assist you in developing a Smoke-Free Policy and in maintaining compliance with the Smoke-Free Ontario Act. Please contact Durham Region Health Department for more information regarding thisworkplace Enforcement Protocol and to obtain additional No Smoking Signs. Local: ext or Toll-Free: durham.ca 2

5 The Smoke-Free Ontario Act The Smoke-Free Ontario Act came into effect on May 31, The Act prohibits smoking in enclosed workplaces and enclosed public places in Ontario in order to protect workers and the public from the hazards of second-hand smoke. EnclosedWorkplaces The Smoke-Free Ontario Act seeks to protect employees from exposure to secondhand smoke in an enclosed workplace. An enclosed workplace means the inside of a building, structure or vehicle that an employee works in or frequents during the course of their employment (whether or not they are acting in the course of their employment at the time), and includes common areas such as: Offices,washrooms,lobbies Trailer office on a construction site Cafeterias, roofed patios Change rooms,break rooms Roofed shipping and receiving areas Parking garages, truck and vehicle bays ANY workplace vehicle The Smoke-Free Ontario Act Smoking is not permitted by employees or non-employees inside all workplace vehicles.this includes but is not limited to taxis, tow trucks, delivery trucks, transport vehicles etc. The ban on smoking in any enclosed workplace vehicle is in effect 24/7, 365 days of the year, even during off-hours when people are not working. Definitions Employer includes an owner, operator, proprietor, manager, superintendent, overseer, receiver or trustee of an activity, business, work, trade, occupation, profession, project or undertaking who has control or direction of, or is directly or indirectly responsible for, the employment of a person in it. Employee means a person who performs any work for or supplies any services to an employer,or a person who receives any instruction or training in the activity, business, work, trade, occupation or profession of an employer. 3

6 The Smoke-Free Ontario Act Smoking Shelters As noted in the Smoke-Free Ontario Act, an employer may choose to accommodate employees who smoke by providing a smoking shelter outdoors. An employer who provides a smoking shelter must ensure that the shelter has no more than two walls and a roof. The smoking shelter should also be: Structurally sound Well lit ( pathway and shelter) and patrolled Maintained seasonally,snow,etc Equipped with a disposal for cigarette butts Posted with signs identifying the structure as a Smoking Shelter Placed away from entrances and exits In addition, employers should ensure all employees are aware of the policies in regards to use of the smoking shelter. A shelter may prevent individuals from smoking at entrances/exits and prevent complaints about exposure to second-hand smoke. Note: If your workplace has entrances/exits that have more than two walls and a roof, these areas must be smoke-free. Cafeterias Cafeterias in a workplace are treated the same as a restaurant in which food or drink are served, sold or offered for consumption. As such, they must comply with the smoking prohibitions related to outdoor patios that are part of or adjacent to the cafeteria or eating area. Patios Smoking is prohibited if an outdoor patio has a roof. A roof includes an awning, tarp, canvas sheeting or other permanent or temporary covering that is capable of excluding rain or impeding airflow, or both. A stand-alone umbrella covering a single table would not be considered a roof. 4

7 Responsibilities of Employers/ Proprietors Every employer/ proprietor must: Ensure that employees are aware that smoking is prohibited in enclosed workplaces. Remove ashtrays and/or any object that serves as one. Ensure that a person who does not comply does not remain in the enclosed workplace. Post mandatory No Smoking signs at all entrances, exits, washrooms and other appropriate locations in order to ensure that everyone knows that smoking is prohibited. For additional No Smoking Signs please contact the Durham Region Health Department ext Other appropriate locations may also include cafeterias, stairwells, garage bays, company vehicles, etc. Employer Anti-Reprisal [9(4)] An employer may not dismiss, threaten to dismiss, discipline, suspend, penalize, intimidate or coerce an employee who obeys or seeks compliance with the Act. If an employee experiences any of the actions noted above by his or her employer, the employee may direct complaints to the Ontario Labour Relations Board and Durham Region Health Department. The Smoke-Free Ontario Act Penalties Any individual convicted of an offence under the section of the Smoke-Free Ontario Act for the protection of employees could be subject to a maximum fine of $4,000. Any corporation convicted of an offence under this section of the Smoke-Free Ontario Act could be subject to a maximum fine of $10,000. Fines for Smoking in a Prohibited Area Anyone may be fined for smoking or holding lighted tobacco in a prohibited area. Owners/ employers may be fined for not posting the mandatory No Smoking signs or if the employer permits smoking inside a prohibited area. Fines for an individual for holding or smoking lighted tobacco is a minimum $ up to a maximum of $ for first offence. 5

8 The Smoke-Free Ontario Act Workplace Interventions Additional interventions and strategies that the employer can provide to ensure all employees and members of the public are aware that enclosed workplaces are to be smoke-free may include the following: Smoke-FreeWorkplace Policy (Appendix 1 ) P.A. announcements Pay cheque inserts (Appendix 2) Conditions of Employment forms (Appendix 3) or direct mail reminders Newsletter inserts Workplace posters Staff meetings Referring employees to information on smoking cessation programs Orientation information sessions Disciplinary actions and/or written warnings (Appendix 4 ) All outside contractors should be provided company's policy on smoking in the workplace Durham Region Health Department Tobacco Enforcement Officers will carry out inspections and investigate complaints in workplaces in order to enforce the Smoke- Free Ontario Act, 24/7, 365 days. Tobacco-Free Workplaces For more information, call Durham Health Connection Line or durham.ca 6

9 TheSmoke-FreeWorkplace Enforcement Protocol A involves an employer coming to an agreement with Durham Region Health Department on how to deal with violations of the Smoke-Free Ontario Act. A workplace would initiate contact with Durham Region Health Department and develop a Smoke-Free Workplace Policy that includes progressive disciplinary action. A sample policy is included in this booklet (Appendix 1). Workplaces may choose to include additional disciplinary actions in their in-house policy above and beyond the steps outlined below. Durham Region Health Department Tobacco Enforcement staff can assist employers to develop a policy that is tailored to their workplace. Employers should ensure that all employees are informed about the policy. It is also imperative that all employees read & sign a Condition of Employment form (Appendix 3). It is also recommended that employers deal with violations in a progressive manner as outlined below. Step 1: If a violation occurs in which an employee is observed holding or smoking lighted tobacco, the employer may choose to issue a verbal warning and take the following steps: Remind the violator of the law and theworkplace Smoke-Free Policy. Make note of the verbal warning and place it in the employee s file. Advise employees of locations where smoking is prohibited. Note: Be sure to show sensitivity to employees who are smokers by ensuring fair and equal enforcement of the policy, and by providing on-going smoking cessation and support via awareness programs, materials, cessation services, etc. Step 2: If the violation is repeated, the employer may issue a Violation Warning Notice and take the following steps: Complete aviolationwarning Notice (Appendix 4) outlining all details of the violation. Give a copy of theviolationwarning Notice to the violator. Place a copy of the Incident Report &ViolationWarning Notice in the employee's file. Advise employees of locations where smoking is prohibited. The Smoke- Free Workplace Enforcement Protocol 7

10 The Smoke- Free Workplace Enforcement Protocol Step 3: If an employee continues to violate the law,the employer should contact the Durham Region Health Department Tobacco Enforcement Officer and take the following steps: Complete the Incident Report Form (Appendix 5) Complete thewitness Statement Form (Appendix 6,7 ) Fax completed Incident Report Form andwitness Statement Form to Durham Region Health Department for follow-up. Address to: Attention,Tobacco Enforcement Officer Instructions on how to complete the above forms (Appendix 8) Sample of completed forms (Appendix 9 and 10 ) At this point, the Tobacco Enforcement Officer may issue a charge to anyone who is in violation of the Smoke-Free Ontario Act. Note: At all times, it is imperative that the employer keeps a file on all previous verbal and written warnings. The Tobacco Enforcement Officer may request copies for the investigation. All information regarding violations must be kept confidential. All faxes, phone calls and information given to the Durham Region Health Department, Tobacco Enforcement Officers will be kept confidential. 8

11 Collecting Witness Statements and Evidence Employers should involve employees in ensuring that everyone, including; clients, visitors, contractors and other employees comply with the law and the workplace Smoke-Free Policy. If an employee observes anyone holding or smoking lighted tobacco inside a workplace, they should advise the person immediately of the violation, and refer them to the signage posted and report the incident to the manager. An employee who witnesses a violation should be asked to complete a Witness Statement Form (Appendix 6). It is important to note that the witness must observe the action of this violation.the witness must observe the individual holding and/or smoking lighted tobacco in the enclosed workplace where it is prohibited. Also note the following: The identity of the individual What the individual was holding and/or smoking Whether tobacco smoke was visible Whether the tobacco was lit Whether there was the smell of tobacco smoke If possible, evidence should be collected by the witness. This includes: cigarette butts, ashtrays, anything used as an ashtray, photographs and notes. It must be bagged, sealed, signed, dated and kept secured and locked until it can be given to the Durham RegionTobacco Enforcement Officer. These items may be used in court. The Smoke- Free Workplace Enforcement Protocol 9

12 Smoking Outside Workplace Entrances and Exits Smoking Outside Workplace Entrances and Exits Smoking Outside Health Care Facilities The Smoke-Free Ontario Act prohibits smoking within nine metres of any entrance or exit of a health care facility. This includes entrances and exits of the following prescribed places: A hospital within the meaning of the Public Hospitals Act A private hospital within the meaning of the Private Hospitals Act A psychiatric facility within the meaning of the Mental Health Act A nursing home as defined in the Nursing Homes Act An approved charitable home for the aged under the Charitable Institutions Act A home as defined in the Homes for the Aged and Rest Homes Act An independent health facility licensed under the Independent Health Facilities Act All facilities prescribed above must post mandatory No Smoking signs to indicate that smoking is not permitted within a 9 metre radius of any surrounding entrance or exit. All signage must be posted in a conspicuous manner in accordance with the Smoke-Free Ontario Act. Additional mandatory No Smoking signs can be obtained by contacting Durham Region Health Department. In addition to posting signs, employers are encouraged to remind all visitors, patients, residents and staff of the prohibition. 10 Smoking is not permitted within 9 metres of any entrance to this facility.

13 Smoking Outside OtherWorkplaces Smoking is also prohibited at entranceways to public places and workplaces that have more than two walls and are partially or completely covered by a roof. Workplaces, other than those identified above, are not obligated by law to have smoke-free entranceways. However, they may implement their own policy to eliminate smoking outside entrances to their workplaces and on their outside property. This is an effective way to protect employees as well as clients and visitors from the hazards of second-hand smoke. Based upon data for 2006, about half of Canadians reported being exposed to second-hand smoke at an entrance to a building (Canadian Tobacco Use Monitoring Survey 2006). Exposure to second-hand smoke outside workplace entrances and exits is a concern for both employees and clients. Walking through second-hand smoke outside entrances and exits is not only unpleasant; it is also a proven health hazard. Durham Region Health Department has developed a Promoting Tobacco-Free Policies Booklet to assist employers in creating, promoting and reinforcing smokefree entrance and exit policies in workplaces. This resource explains why and how to create, promote, and reinforce smoke-free entrance and exit policies in workplaces. It may be tailored to suit a company's individual circumstances. For more information about the Promoting Tobacco-Free Policies Booklet, visit or call or Public Health Nurses are available to assist your workplace in implementing a policy. Promoting Tobacco-Free Policies A Guide for Workplaces For more information call Durham Health Connection Line or durham.ca Smoking Outside Workplace Entrances and Exits 11

14 Helping Employees to quit smoking Helping Employees to Quit Smoking Employers can implement the following strategies to assist employees who wish to quit smoking: Provide resources about quitting smoking and the effects of second-hand smoke. Consider including coverage for quit smoking products such as Zyban,Champix, or Nicotine ReplacementTherapy (NRT) such as patches,gum,lozenges,or inhalers in the company's medical insurance benefits if these products are not currently covered. Promote and support healthy living behaviours for employees by providing incentives such as gym memberships,rebates for exercise equipment and time for employees to take stretch breaks or go for walks. Implement a smoke-free grounds policy.the majority of smokers want to quit and workplace smoking restrictions can provide an incentive to quit. Durham Region Health Department offers a variety of smoke-free living resources to employers. Areas addressed include environmental support, policy development, education, skills building, and awareness raising. Resources specific to hospitals and health care settings are available. For more information, call Durham Health Connection Line or durham.ca 12

15 Appendix 1 Sample of a Smoke-Free Workplace Policy 1.0 Policy Statement Company X is committed to the health and safety of our employees and everyone visiting our premises. As second-hand smoke is a proven health hazard, smoking or holding lighted tobacco is prohibited in all of the enclosed areas within Company X worksites, without exception.this includes common work areas, private offices, washrooms, lobbies, parking garages, loading docks, cafeterias and work vehicles. Appendix Purpose The purpose of this policy is to: Protect employees and visitors of Company X from the harmful effects of second-hand smoke. Offer support to staff who smoke and want to quit. Ensure compliance with and enhance the legislative requirements under the Smoke-Free Ontario Act and the Regional Municipality of Durham Smoke-Free By-law Scope of Policy This policy applies to all employees and persons, including but not limited to clients, visitors, students and contractors working at or visiting Company X. 4.0 Procedures Mandatory No Smoking signs shall be posted at all entrances, exits, washrooms and other appropriate locations in order to ensure that employees and visitors know that smoking is prohibited. Company X shall notify employees and visitors of the policy and consequences on posted notices, at orientation for new employees and by other appropriate methods. Employees shall not smoke, hold lighted tobacco or place an ashtray for the use of smokers in the enclosed workplace. Failure by an employee to comply with this policy will result in the following progressive disciplinary action. 13

16 Appendix 1 Step 1 If a violation occurs in which an employee is observed holding or smoking lighted tobacco, the Manager/Supervisor will: Issue a verbal warning. Remind the employee of the Smoke-Free Ontario Act and the Smoke-Free Workplace Policy. Make note of the verbal warning and place it in the employee file. Step 2 If violation is repeated the Manager/Supervisor will: Complete a Violation Warning Notice outlining all details of the violation. Give a copy of the Violation Warning Notice to the employee. Place a copy of the violation warning notice and incident report in the employee's file. Give notice to employee s where smoking is prohibited. Step 3 If an employee continues to violate the law, the manager/supervisor will contact Durham Region Health Department Tobacco Enforcement Officer and take the following steps: Complete the Incident Report Form. Complete the Witness Statement Form. Fax completed Incident Report Form and Witness Statement form to the Durham Region Health Department Attention,Tobacco Enforcement Officer for follow up. Company X will encourage and support smoking cessation for employees. 5.0 Roles and Responsibilities Manager/Supervisor will ensure adherence to the policy and take appropriate corrective action as required. All employees are responsible for encouraging adherence to the policy amongst each other and for reporting violations to manager/supervisor. All employees are responsible for encouraging and enforcing the policy amongst visitors. Upon seeing visitors smoking or holding lighted tobacco in Company X, employees should ask visitors to extinguish their cigarettes and refer them to the signage posted. If a visitor refuses to comply, they should be asked to leave the site. Key Legislation 14 Smoke-Free Ontario Act S.O. 1994, Chapter 10 Regional Municipality of Durham Smoke-Free By-law

17 Appendix 2 Sample of a Pay Cheque Reminder Below is an example of a pay cheque reminder. Copies can be placed in pay cheque envelopes, attached to workplace s, etc. It is ideal that the employer keeps a log every time when the reminder is used. Appendix 2 Reminder The Smoke-Free Ontario Act prohibits any employer from permitting any person to hold or smoke lighted tobacco in an enclosed workplace/public place at any time. This law applies to all employees, management and visitors. Durham Region Health Department,Tobacco Enforcement Officers will enforce this law and will respond to all complaints received. 15

18 Appendix 3 Sample of a Condition of Employment Form (Place this form on your company letterhead) Relating to the Smoke-Free Ontario Act Employee: Appendix 3 I hereby understand that the Smoke- Free Ontario Act prohibits smoking in any enclosed workplaces and any enclosed public places in Ontario in order to protect workers and the public from the hazards of second-hand smoke. I understand that smoking is prohibited inside in any enclosed area in this premise and/or any workplace vehicles. I further understand that failure to comply with the Smoke-Free Ontario Act or my company's policy concerning smoking in the workplace will result in the following disciplinary action such as : (Employer should specify what disciplinary action(s) will be taken against the employee as identified in the company's policy) Employee's Signature : Date Employee's Name : (Please print) (Position) Employer: I have fully discussed the Smoke-Free Ontario Act and my company's internal policy with this employee. I do believe that the said employee understands the law regarding the Smoke-Free Ontario Act and/or company's policy as well has been forewarned of any a disciplinary consequences that may result from non-compliance. Manager's Signature: Date Manager's Name: (Position) Note:This or any other agreement the company uses should be maintained in the worker's personnel file as part of the permanent employment record. 17

19 Appendix 4 Sample of a Violation Warning Notice (Place this form on your company letterhead) VIOLATION-WARNING NOTICE Appendix 4 Violation Date: (mm/dd/yy) Time am/pm: Location: (specific location(s) in workplace) Name of Person Business Name ( if applicable) Address of Business (in Full) The Regional Municipality of Durham Mailing Address of Business (in Full) Smoke-Free Ontario Act, S.O.,1994, C.10 The person named above was observed in the following violation(s): Smoke or hold lighted tobacco in an enclosed workplace/ public place: Place ashtray / paraphernalia in an enclosed workplace / public place: Other(describe): Please be advised that this notice is a WARNING to you and any future violations could result in legal action from the Durham Region Health Department.The Smoke-Free Ontario Act prohibits smoking in all enclosed WORKPLACES/PUBLIC PLACES. NO ONE, is permitted to smoke or hold lighted tobacco, AT ANY TIME, in any building or a workplace vehicle. Persons convicted of an offence is liable to a fine of not more than $ for every day or part of each day on which the offence(s) occurs or continues. Person Receiving (signature) Date Print Name Title/Position Owner/Manager Date 19

20 Appendix 5 Incident Report Form (Place this form on your company letterhead. For an electronic version please contact Durham Region Health Department). Appendix 5 21

21 Appendix 6 Witness Statement Form (Place this form on your company letterhead. For an electronic version please contact Durham Region Health Department). Appendix 6 23

22 Appendix 7 Witness Statement Additional Notes (Place this form on your company letterhead. For an electronic version please contact Durham Region Health Department). Appendix 7 25

23 Appendix 8 Instructions for Completing Incident Report Form and Witness Statement Form 1. Complete the Incident Report form. 2. Ensure that both the alleged defendant and the employer sign the form. Appendix 8 3. In the event an alleged defendant declines to sign the form, mark form declined to sign. 4. If unable to hand deliver an incident report form to an alleged defendant, mail the completed form (and document that it has been mailed) to the person within 48 hours. 5. File the original and place a copy in the employee s file. These documents will be used as evidence in court in the event a trial is requested. 6. If there are witnesses to an incident, the employer should ask the witness(s) to fill out a detailed Witness Statement Form of what was observed. This should include the date, time and place of incident, the alleged defendant's name, and the type of offence.this is essential in the event that the alleged defendant contests the violation. 7. Fax the Incident Report Form and all Witness Statement Forms to Durham Region Health Department, Attention: Tobacco Enforcement Officer The Tobacco Enforcement Officer will call the employer to arrange a meeting and conduct an interview of the person(s), review real and documentary evidence at the workplace and decide on a course of action. Reminder: All information regarding in-house smoking complaints and violations must be kept confidential within your workplace at all times. 27

24 Appendix 9 Sample of a completed Incident Report Form Appendix 9 29

25 Appendix 10 Sample of a completed Witness Statement Form Appendix 10 31

26 Durham Region Health Department 101 Consumers Drive, 2nd Floor, Whitby, ON L1N 1C ext Toll-Free: ext FAX: durham.ca DURHAM REGION Information available in accessible formats. HEALTH DEPARTMENT Nov. 2011