No Smoking Policy. No Smoking Policy Page: Page 1 of 13. Author: Strategic HR Manager Version: 1.3. Date of Approval: 7 October 2015 Status: Final

Transcription

1 No Smoking Policy No Smoking Policy Page: Page 1 of 13 Date of Approval: 7 October 2015 Status: Final

2 Recommended by Approved by HR Senior Management Team Executive Management Team Approval date 7 th October 2015 Version number 1.3 Review date October 2018 Responsible Director Responsible Manager (Sponsor) For use by Director of Organisational Development Strategic HR Manager All Trust employees, contractors, visitors and volunteers This policy is available in alternative formats on request. Please contact the Human Resources Department on No Smoking Policy Page: Page 2 of 13

3 Change record form Version Date of change Date of release Changed by Reason for change May 2011 L Balshaw Document creation July 2011 L Balshaw August 2011 L Balshaw September October November February 2012 L Balshaw L Balshaw L Balshaw L Balshaw Amendment following comments Amendment following discussion at HR SMT Amendment following discussion at Policy Group Approval by EMT Approval by Workforce Committee Approval by Trust Board July 2013 V Camfield Reference to E-cigarettes October 2014 J Thackeray July 2015 V Camfield Amendment of the Tagline Amended following discussions with Policy Group No Smoking Policy Page: Page 3 of 13

4 No Smoking Policy Contents Section Page 1 Introduction 5 2 Purpose 5 3 Legislation 5 4 NHS Constitution 5 5 Scope 6 6 Definitions 6 7 Responsibilities No Smoking Areas Signage Smoke Free NHS Staff Responsibilities Managers Responsibilities Enforcement Smoking Cessation and Support 8 9 Monitoring and Review 8 Appendices App 1 References 9 App 2 Equality Impact Assessment Report No Smoking Policy Page: Page 4 of 13

5 1 INTRODUCTION The North West Ambulance Service NHS Trust is committed to providing a healthy and safe environment for staff, patients and visitors. The health effects of smoking on both smokers and non-smokers from second hand smoking are well known; with smoking being the main cause of preventable ill health and premature death within the population. As an NHS organisation the Trust considers that the operation of a no smoking policy is essential to support both its public reputation and health and wellbeing agenda. 2 PURPOSE 2.1 This No Smoking Policy seeks to guarantee the right of all to breathe air which is free of tobacco smoke, and to comply with smoke free legislation. As an NHS organisation the Trust also has an obligation to promote non smoking and to ensure that the actions of the workforce support the ethos of a smoke free NHS. 3 LEGISLATION 3.1 The Health and Safety at Work Act 1974 places a duty on employers to provide a safe working environment as well as making similar provision for non-employees such as patients, visitors, volunteers and contractors who may be affected by the Trust s activities. 3.2 From 1 July 2007 the Health Act 2006 prohibited smoking in all public premises, including workplaces and work vehicles. 3.3 Indoor smoking rooms in public places and workplaces are no longer allowed and the Trust has a statutory duty to put up no smoking signs at each public entrance to premises, and within its vehicles. 3.4 Failure to prevent smoking within the workplace or work vehicles, or to display appropriate no smoking signage is against the law and would be subject to a fine. 3.5 Individuals who smoke within workplaces or work vehicles are subject to either a fixed penalty notice or a fine by a court. 4 NHS CONSTITUTION 4.1 The NHS Constitution stipulates that staff should have healthy and safe working conditions and pledges to provide support and opportunities for staff to maintain their health, well-being and safety. No Smoking Policy Page: Page 5 of 13

6 5 SCOPE This policy applies to: All Trust premises Trust vehicles and leased vehicles Private vehicles when used during working hours in connection with the activities of the Trust Employees of the Trust Patients and their relatives / carers Volunteers Visitors and contractors 6 DEFINITIONS 6.1 Smoking includes being in possession of lit cigarettes, cigars or pipes. 6.2 Electronic cigarettes will not be considered smoking; however employees will not be permitted to use them within Trust buildings and during the course of their duties. Local arrangements will apply as to where it is deemed appropriate for their use on Trust premises. 6.3 The law stipulates that work vehicles are those vehicles used primarily for work and by more than one person, even if the people who use the vehicle do so at different times or on different days or only intermittently. By law a vehicle must be smoke free if it is used to transport members of the public and therefore ambulances, other Trust vehicles used to transport patients and vehicles used in the Voluntary Car Driver Scheme are automatically covered by the legislation. 7 RESPONSIBILITIES 7.1 No Smoking Areas Smoking is prohibited in: Trust buildings, including buildings leased by the Trust for carrying out its activities Entrances and exits of Trust buildings Trust grounds unless within a formally designated outdoor smoking area. Smoking is therefore prohibited within employees own cars when parked within Trust grounds No Smoking Policy Page: Page 6 of 13

7 Trust vehicles and privately owned or leased vehicles when used in connection with the activities of the Trust Hospital or care provider premises and grounds visited by staff in the course of their duties, unless within designated outdoor smoking areas out of public view Local Managers are responsible to ensure that the principles of the policy are adhered to. However, managers have the discretion to determine the implementation of the policy at individual sites. 7.2 Signage The Trust will ensure that no smoking signs are displayed as required by legislation. 7.3 Smoke Free NHS In order to set an appropriate example to patients and the public and to protect the image and reputation of the Trust as an NHS organisation, smoking in public view whilst in uniform or when wearing identification badges is not permitted Management (with the support of the Estates Department) will endeavour to ensure that designated outdoor smoking areas are screened from public view. 7.4 Staff Responsibilities Staff are required to comply with the terms of this policy When exposure to tobacco smoke occurs whilst in patients homes, staff are entitled to ask that any tobacco products are extinguished. It is recommended that appropriate action is then determined by undertaking a dynamic risk assessment and implementing the resulting safe system of work It is recognised that some staff will continue to smoke regardless of the health risks. There is no contractual right to smoke during working hours and therefore staff who smoke may only do so during designated breaks and where outdoor designated smoking areas have been provided Where it is not possible to designate an outdoor smoking area within Trust grounds then staff are not permitted to smoke at that site Where flexible working is agreed, staff will always be required to undertake their contracted hours exclusive of any smoking breaks. 7.5 Managers Responsibilities No Smoking Policy Page: Page 7 of 13

8 7.5.1 Managers are responsible for ensuring that staff, patients, visitors, volunteers and contractors are made aware of this policy and comply with its requirements Responsible managers will endeavour to screen designated smoking areas from public view (see point 7.3.2). 7.6 Enforcement Failure to comply with this policy will constitute a disciplinary offence and may result in formal action Any contractor or visitor who refuses to comply with the policy will be required to leave Trust premises Patients and carers will be required to observe the no smoking signs whilst in Trust vehicles. 8 SMOKING CESSATION AND SUPPORT 8.1 The Trust is committed to supporting staff who wish to stop smoking and will provide assistance on an individual basis via the relevant local NHS Stop Smoking Service. 8.2 The NHS Stop Smoking Service can be accessed via their website at 9 MONITORING AND REVIEW This policy will be subject to review as indicated. No Smoking Policy Page: Page 8 of 13

9 Appendix 1 REFERENCES Health and Safety at Work Act 1974 The Health Act 2006 Department of Health Smoke Free NHS at NHS Constitution No Smoking Policy Page: Page 9 of 13

10 EQUALITY IMPACT ASSESSMENT REPORT Appendix 2: Name of Policy, Service or Function No Smoking Policy Equality Impact Assessment carried out by Vickie Camfield, Strategic HR Manager Date of Equality Impact Assessment 7 August 2105 Step 1: Description and Aims of Policy, Service or Function Overall Aims To seek to guarantee the right of all to breathe air which is free of tobacco smoke, and to comply with smoke free legislation. As an NHS organisation the Trust also has an obligation to promote non smoking and to ensure that the actions of the workforce support the ethos of a smoke free NHS. Key elements of Policy, Service, Process To provide information regarding smoke free legislation To explain where smoking is not permitted To outline the responsibilities of management and staff To signpost those affected by the policy to smoking cessation support Who does the policy, service or function affect? Employees of the Trust Patients and their relatives / carers Volunteers Visitors and contractors. How do you intend to implement the policy or service change (if applicable?) To be approved by the Board of Directors Available on Trust Intranet/Internet Copy available on all sites No Smoking Policy Page: Page 10 of 13

11 Disseminated to all Managers Supported by Management Guidance and Frequently Asked Questions Step 2: Data Gathering Summary of data available and considered Health and Safety at Work Act 1974 The Health Act 2006 Department of Health Smoke Free NHS athttp:// NHS Constitution Outcomes of Data Analysis Equality Group Gender Race/Ethnicity Disability Sexual Orientation Religion or belief Age General (Human Rights) Evidence of Impact No impact Impact on persons who do not have English as their first language May impact on persons with visual impairment / learning difficulties / mobility problems No impact No Impact No Impact No Impact Step 3: Consultation Summary of Consultation Methods Consulted with Trust Policy Group Occupational Health Service Executive Management Team Board of Directors Outcomes of Consultation Equality Group Gender Race/Ethnicity Disability Evidence of Impact No Impact May be required in alternative language formats May impact on the visually impaired and persons with learning No Smoking Policy Page: Page 11 of 13

12 difficulties or mobility problems Sexual Orientation No Impact Religion or belief No Impact Age No Impact General (Human Rights) No Impact Steps 4 & 5: Impact Grid Relevant Equality Area Gender Race/Ethnicity Disability Sexual Orientation Religion or belief Age General (Human Rights) Areas of impact identified May impact on persons who do not have English as their first language Impacts on visually impaired persons / persons with learning difficulties / those with limited mobility Is the impact positive or negative? Negative Negative Key issues for action [Will form basis of action plan] Should be available in alternative language formats Available in other formats where requested Step 6: Action Plan Issue identified and equalities group or communities affected Language barrier Disability Name of Policy or Service: No Smoking Policy Action to be taken By When Who By Expected outcome If required the Trust will provide this policy in an alternative format Produce in large print format in accordance with the principles of the RNIB clear print As requested As requested As requested HR Department HR Department HR Alternative language formats Large print version produced Progress No Smoking Policy Page: Page 12 of 13

13 guidelines. Production in alternative formats and / or one to one explanation for persons with learning difficulties Department / local manager Alternative format provided / explanation given Summary of Decisions and Recommendations Production of large print version in accordance with RNIB clear print guidelines on request To be made available in alternative language formats on request Production in alternative formats / one to one explanation given for persons with learning difficulties on request Step 7: Monitoring Arrangements The implementation of the revised policy will be monitored over the next 12 months, in the following respects: Enforcement of the policy will be monitored Step 8: Date of Next Equality Impact Assessment At next review of policy No Smoking Policy Page: Page 13 of 13