Smoke Free Workplaces 2007

Transcription

1 Smoke Free Workplaces 2007 A TUC Short Course 1

2 Smoke-free workplaces 2007 A TUC Short Course Your name Address Tel Union Workplace 2

3 Contents Page Publisher s note and acknowledgements 4 Pre-course activity: Finding information 5 Introductions 6 Aims 7 How the course will work 7 Programme 8 Record of achievement 10 Activity: Reviewing experience 11 Activity: Illness and second-hand tobacco smoke 12 Activity: A trade union approach to smoking at work 14 Fact Sheet 1: Background on second-hand tobacco smoke 15 Agreed workplace activity based on needs of participants Activity: New Health Act and Smoke-free Regulations 17 Activity: Smoke-free law and your workplace 19 Fact Sheet 2: Legal standards and smoke-free workplaces 22 Activity: Second-hand tobacco smoke quiz 24 Workplace Activity: Smoke-free policies and procedures 26 Activity: Smoke-free policies and procedures 27 Activity: Negotiating a policy to deal with smoke-free workplaces 29 Fact Sheet 3: Smoke-free policies 31 Fact Sheet 4: A draft policy on smoking 37 Activity: Trade union strategy 39 Fact Sheet 5: Action planning 41 Fact Sheet 6: Further information 43 Activity: Learning opportunities 45 Activity: Course review and evaluation 46 3

4 Publisher s note 1. TUC Education has done its best to ensure that all legal references and extracts quoted in these short course materials were accurate at the time of writing. However, health and safety law and practice are evolving all the time and participants should not rely on these materials as an authoritative statement or interpretation of health and safety law. If you are in any doubt about where you stand legally, seek the advice of your trade union, the Health and Safety Executive or a qualified legal professional. 2. Throughout these course materials there are many references to useful web pages. Although all links were checked for accuracy some may expire over the life of this edition. In such instances participants may be able to find the information they need by going to the root website and navigating from there. 3. The legal sections of these course materials relate to the Health Act 2006 for England and Wales. New Regulations under the Health Act 2006 come into effect: in Wales on 02 April 2007 and can be viewed at in England on 1 st July 2007 and can be viewed at Scotland already has legislation prohibiting smoking in the workplace under the Smoking, Health and Social Care Act (For full details on the law in Scotland go to ). Acknowledgements The Smoke-free workplaces course materials have been prepared for TUC Education by Peter Kirby. In developing these materials Peter has drawn upon a wide range of TUC health and safety material, including the latest TUC Guide Negotiating smoke-free workplaces The use of material and resources from the pan-european trade union project Protecting workers from passive smoking 4

5 Pre-course Activity Finding information Aims To help us to: find out information to help on the TUC Smoke-free workplaces course develop our communication skills Task We want to make sure that the TUC Smoke-free workplaces course is useful for you and your members. Look at the list below and try to find out as much as you can before the course begins. What do members think? Speak to a cross section of members. Ask them: are they aware of any problems associated with secondhand tobacco smoke in the workplace whether they feel that breathing in smoke from other people s cigarettes is harmful to health if they smoke, would they welcome help to cut down or give up if they know whether their employer has a policy on smoking and second-hand tobacco smoke whether they know about new Regulations about smokefree workplaces Action on second-hand tobacco smoke Make a note of: any successes you or your union has had in tackling the problems of smoking and second-hand tobacco smoke in the workplace problems you or your union has had in tackling the problems of smoking and second-hand tobacco smoke in the workplace employer/management action on smoking and secondhand tobacco smoke any disciplinary issues that have arisen in connection with smoking in the workplace Documents Try to bring along the following documents: management policies, plans and procedures on smoking and second-hand tobacco smoke 5

6 any disciplinary procedures relating to smoking at work any information you have had from your trade union on smoking and second-hand tobacco smoke 6

7 Activity Introductions Aims This activity will help us to: get to know more about each other share our first thoughts about the course practise interviewing, listening and note-taking skills Task Work with another person on the course (preferably someone you don t know). Use the checklist below to find out some information about them. name trade union trade union position workplace and job members jobs previous union or other health and safety course(s) whether she/he managed to do the pre-course activity with their members reasons for coming on the course any views on the way that the course should be run Afterwards your partner will interview you. Report back You will be asked to introduce your partner to the rest of the course 7

8 How the course will work Those of you who have attended TUC courses before know that they aim to be practical and to help you develop your knowledge, confidence and skills. The TUC Smoke-free workplaces short course follows the same principles which include: Learning by doing - you learn far more by doing something yourself Collective work - work in small groups with regular reporting back Action at work - close links between you and your members Work on real problems hazards, experiences and problems faced by members of the course Activities - specific tasks that you and other course participants undertake during the course Course file - a record of your work on the course. This is useful for a future reference point back at your workplace, and accreditation purposes Course aims You will have an opportunity to comment on the course aims and sample programmes which are reproduced below. They are based upon the TUC s assessment of the needs of health and safety representatives. Your tutor will also draw your attention to the learning outcomes and assessment criteria for the course (Illness at Work) that has been accredited by the National Open College Network. The course should help trade union health and safety representatives to: recognise hazards and risks associated with specific illnesses at work understand how legislation company policy or other requirements relate to specific illnesses at work understand prevention, control and action measures associated with specific illnesses at work Different experience of safety reps on this course Some safety reps attending this short course may have a lot of experience of tackling problems of second-hand tobacco smoke at work. Some other safety reps attending this short course may have less experience and have come on the course to understand and apply the basic principles. Whatever our experiences, we all need to be familiar with new laws appertaining to second-hand smoke. The legal sections of these course materials relate to the Health Act 2006 for England and Wales. New Regulations under the Health Act 2006 come into effect: in Wales on 02 April 2007 and can be viewed at in England on 1 st July 2007 and can be viewed online at Scotland already has legislation prohibiting smoking in the workplace under the Smoking, Health and Social Care Act (For full details on the law in Scotland go to ). 8

9 It is also important that we work together so that everybody can get the most out of the course, apply it in the workplace and gain NOCN credits for their learning. The TUC believes that the problem of second-hand tobacco smoke needs to be addressed and has produced activities and resources in this short course pack that can be used in entirety or selectively to suit your needs. In addition, your tutor may introduce new activities depending on your needs. Course programme The course can be organised in a variety of ways. For example, it can be run as a three day course on a day release basis using the example programme below. Example: 3 day short course PRE-COURSE ACTIVITY DAY AM PM ACTION 1 Introductions, aims, agenda setting & how the course will work Reviewing experience Illness and second-hand tobacco smoke A trade union approach to smoking at work Agreeing tasks for a workplace activity 2 New Health Act and smokefree regulations 3 Smoke-free policies and procedures Negotiating a policy to deal with smoke-free workplaces Smoke-free law and your workplace Second-hand tobacco smoke quiz Preparation for Workplace Activity Trade union strategy, action planning and steps that need to be taken Learning opportunities Course evaluation Accreditation Agreed workplace activity based upon the needs of the participants Workplace Activity Smoke-free policies and procedures Report back to members, unions & employer Action in the workplace Further training Course guidelines Equal opportunities are an integral feature of any TUC course. It is important that we identify rules for the course that incorporate equal opportunities principles. Your tutor will ensure that course guidelines are set collectively by the course participants. Jargon list During the course you might come across terms that you are unfamiliar with. It is useful to keep a jargon list so that people can check what words, phrases and abbreviations mean or what they stand for. If anyone (including the tutor) uses a word, phrase or abbreviation you are not familiar with then say so. The word, phrase or abbreviation and the meaning can then be written on the jargon list. 9

10 Your tutor s role Some of the things your tutor will be doing are: helping to organise the work, by suggesting tasks and ways of working organising resources, including basic information, internet access where possible, publications, and photocopying facilities, to help the course work giving advice and support leading some discussions and summarising key points giving guidance on the preparation of work for accreditation Record of achievement If you have previously attended a TUC Course, you will be familiar with accreditation of your learning by the National Open College Network. If you have not, your tutor will explain the basic principles. An Achievement Record for the Smoke-free workplaces short course is provided below. Your course file will normally contain the evidence of your learning. Action at work As the course is a practical one, there will be a number of matters that arise where you will need to take some action at work and in your union. It is useful to keep a record of what needs to be done, and when you need to do it. Progression As a trained and experienced safety rep you will be skilled and valued by your members. Good employers will appreciate a safety rep who knows what they are doing and can represent members effectively. But your training and development needs won t stop at the end of this short course. And so as a part of your action planning at the end of the course, you will have the opportunity to think about what you need to do after the course has finished. Your tutor will give you details of other TUC core and short courses. 10

11 NAME UNIT TITLE Illness at Work (3 (10 hour) credits) LEARNING OUTCOMES The learner should be able to 1. Recognise hazards and risks associated with specific illnesses at work 2. Understand how legislation, company policy or other requirements relate to specific illnesses at work 3. Understand prevention, control and action measures associated with specific illnesses at work LEVEL 2 The learner has achieved the outcome because s/he can 1.1 Identify symptoms and causes of specific illnesses in the workplace 1.2 Identify hazards, and explain the risks associated with specific illnesses at work e.g. asthma, alcohol and drug illnesses 2.1 Identify a range of sources and types of relevant information 2.2 Identify the relevant legal standards or policies 2.3 Describe how the identified information relates to specific illnesses at work 3.1 Identify the main forms of prevention and control measures relating to specific illnesses at work 3.2 For a specific illness: Select appropriate information Produce a plan for dealing with specific illness in the workplace, which includes actions LEVEL 3 The learner has achieved the outcome because s/he can 1.1 Assess symptoms and causes of specific illnesses in the workplace 1.2 Describe the hazards and evaluate the risks associated with specific illnesses at work e.g. asthma, alcohol and drug illnesses 2.1 Describe a range of relevant sources and types of information, including the appropriate legal standards 2.2 Assess their usefulness in relation to taking up concerns about specific illnesses at work 3.1 Assess the effectiveness of workplace prevention and control measures concerning specific illnesses at work 3.2 Develop a detailed plan for dealing with a specific illness, which includes aims, actions, arguments and timescale EVIDENCE KEY: WS=Work Sheet TO/PO=Tutor/Peer Observation SS=Summary Sheet P=Plan O=Other NB You do not need to write in more than 2 occasions in the Evidence column e.g. first piece of evidence, best piece of evidence Level achieved Date Signed: Tutor Signed: Learner OCN CODES L2 AJ3/2/QQ/050 L3 AJ3/3/QQ/046 LOCATION 11

12 Activity Reviewing experience Aims To help us to: share experiences and information find out what is happening in different workplaces Task In your small group discuss and list: members views about smoking and second-hand tobacco smoke in the workplace trade union successes and problems on smoking and second-hand tobacco smoke in the workplace management action on smoking and second-hand tobacco smoke any documents you have from your union or management that are relevant to smoking and second-hand tobacco smoke Report back Elect a spokesperson to report back Resources Workplace Activity Your experience Assessment criteria Illness at Work Level 2: 2.1 Level 3:

13 Activity Aims Illness and second-hand tobacco smoke To help us to: assess symptoms caused by second-hand tobacco smoke evaluate the risks to workers from second-hand tobacco smoke Task 1. Your tutor will organise a short role-play meeting in your group. The role play will be based upon a trade union for the hospitality industry that has great concerns about the risks to workers from second-hand tobacco smoke. The role-play will be based upon a trade union health and safety representative explaining the following to a bar manager: symptoms of illness and diseases caused by second-hand tobacco smoke a description of the hazard for bar workers of second-hand tobacco smoke and an evaluation of the risks 2. One member of your group will need to volunteer to adopt the role of a trade union health and safety representative, one member of your group will need to adopt the role of a bar manager, and the final member of your group will be asked to watch, listen and take notes using the observer s checklist below. 3. The union health and safety representative will need to prepare using Fact Sheet 1 below; useful web pages referred to in Fact Sheet 1 below; and Chapter 38 of TUC Hazards at Work. The bar manager will need to prepare key points that she/he wants to find out. The observer should prepare to take notes using the observer s checklist below. Report back Resources Observers from each small group should provide feedback to the larger group Fact Sheet 1 below Useful web pages referred to in Fact Sheet 1 Chapter 38 of TUC Hazards at Work Assessment criteria Illness at Work Level 2: 1.1; 1.2 Level 3: 1.1;

14 Observer's checklist Use this checklist to provide feedback on the role-play. 1. Did the union health and safety rep: Have clear objectives? Explain symptoms, illnesses and risks simply and clearly? Answer any questions from the bar manager? Check that the bar manager understood the situation? Summarise the main points at the end? 2. Make notes on the key elements about second-hand smoke that the union health and safety rep was explaining 3. You will be asked to report back to the rest of the larger group, with key points from the meeting. 14

15 Activity A trade union approach to smoking at work Aims To help us to: share experiences and ideas develop a trade union approach to smoking at work Task Your tutor will ask each small group to prepare a trade union response to the following situations. For each situation, you should identify the arguments that the trade union should use and the steps that the union should take 1. Trade union members and other workers work in busy bars and restaurants for a large leisure company. At present, customers are able to smoke in any part of these establishments. Workers are not happy about breathing second-hand tobacco smoke and are worried about the effects upon their health. You have proposed to the employer that smoking should be banned in advance of the new Regulations so that workers health is protected as soon as possible. The employer dismisses your suggestion saying we will only ban smoking when we have to, and even then, one way or another, we will make sure that customers can smoke. 2. Following the introduction of a new smoke-free workplace policy, the employer has become concerned about the time away from work taken by smokers having smoking breaks. The employer has now said that workers who take smoking breaks will be required to work an extra half hour each day. 3. You have convened a union meeting with your members to discuss the health effects of second-hand tobacco smoke and how the trade union should tackle the problem in the workplace. A union member who is a smoker says Smoking at work is not a health and safety or trade union matter. It is up to me whether I smoke or not. 4. You are a shop steward and safety representative in a workplace where smoking is prohibited. A worker is caught smoking in a prohibited area and is threatened with dismissal by the employer for serious misconduct. 15

16 Report back Elect a spokesperson to report back. Assessment criteria Illness at Work Level 2: 1.2 Level 3:

17 FACT SHEET 1 Background on second-hand tobacco smoke Major cause of illness and disease Second-hand tobacco smoke is a major cause of heart disease and lung cancer amongst non-smokers who work with people who smoke. It is estimated that around 700 workers a year die as a direct result of second-hand tobacco smoke in their workplace. Second-hand smoke is also responsible for many thousands of episodes of illness. For example, Asthma UK reports that it is the second most common asthma trigger in the workplace. 82% of people with asthma say that other people's smoke worsens their asthma and 1 in 5 people with asthma feel excluded from parts of their workplace where people smoke. Around a quarter of workers smoke, although not necessarily in the workplace, where there has been a steady move towards smoking restrictions over the past twenty years. As a result most workers already work in a smoke-free environment. However, around two million people in Great Britain still work in workplaces where smoking is allowed throughout, and another ten million in places where smoking is allowed somewhere on the premises. Nicotine is extremely addictive and many smokers find adjusting to smoking restrictions difficult. Useful web pages on second-hand smoke and health Action on Smoking and Health (ASH) Second-hand smoke briefing NHS Plus: Your health-smoking New law The legal sections of these course materials relate to the Health Act 2006 for England and Wales. New Regulations under the Health Act 2006 come into effect: in Wales on 02 April 2007 and can be viewed at in England on 1 st July 2007 and can be viewed online at Scotland already has legislation prohibiting smoking in the workplace under the Smoking, Health and Social Care Act (For full details on the law in Scotland go to ). The English (and devolved Welsh) legislation comes about through the Health Act 2006, which effectively bans smoking in all enclosed workplaces and public places, with some exemptions. The detail of how this will be done is contained in new regulations that are referred to in Fact Sheet 2 below. 17

18 Useful web pages on the law and second-hand smoke Health Act 2006 (England and Wales) Smokefree England Smokingban Wales Smoking, Health and Social Care Act 2005 (Scotland) Clearing the air Scotland Act now before the law comes into force The TUC has called upon employers not to wait until the law banning smoking comes into effect, to institute restrictions but to start moving now towards making the workplace a smoke-free environment in consultation with workers and unions. The new law and regulations will affect all union representatives, including those in premises that already consider themselves smoke-free. A lot of workplaces still have smoking rooms. These will no longer be permitted from 2 nd April 2007 in Wales and 1 st July in England.. The employer may also take the opportunity of the coming change in the law to review other issues such as smoking outside or breaks. Safety representatives and stewards should therefore aim to negotiate a smoking policy (See Fact Sheet 3 below), or review any existing ones as soon as possible. Smoking policies enable the employer to deal with this controversial and sensitive issue in a practical and effective way. Smoking policies should not victimise smokers but seek to eliminate employee exposure to second-hand tobacco smoke. Useful TUC web pages on the law and second-hand smoke Negotiating smoke-free workplaces Smoke-free resources 18

19 Activity New Health Act & Smoke-free Regulations Aims To help us to: analyse new legal standards on smoke-free workplaces analyse the key changes Task In your small group: 1. Look at the TUC summary of the new laws in Fact Sheet 2 below, the Health Act 2006 (England and Wales), and the web pages with the Regulations that relate to either England or Wales 2. Use the worksheet below to analyse the legal standards and the key changes Report back Elect a spokesperson to report back to the rest of the group Resources Fact Sheet 2 below Health Act 2006 (England and Wales) New regulations coming into effect in Wales on 02 April New regulations coming into effect in England on 1 st July Resources in the trade union studies centre Assessment criteria Illness at Work Level 2: 2.1; 2.2 Level 3:

20 Worksheet for legal standards on smoke-free workplaces 1. Name of Act and the new regulations: 2. What is the overall purpose of the Act and Regulations? 3. What do the Act and new regulations require? 4. What are the key changes that are made by the new laws? 20

21 Activity Aims Smoke-free law and your workplace To help us to: analyse key legal requirements relate the legal requirements to your workplace practice Task In your small group: 1. Identify all the places that workers of your employer work at, or from in the course of doing their job. For example, driving a company vehicle, a visit to see a client in their private home, working in a prison or care home where residents can smoke and so on 2. Look at the TUC summary of the new laws in Fact Sheet 2 below, the Health Act 2006 (England and Wales), and the web pages with the Regulations that relate to either England or Wales. 3. Analyse the key smoke-free legal requirements that relate to your workplace (this includes all places that employees may be at work as identified in Task 1) and identify areas of good practice and/or areas for improvement Report back Resources You may find it helpful to use the worksheet below to record your findings. Photocopy it for all the other participants. Elect a spokesperson who will be asked to explain some of the key points Fact Sheet 2 below Health Act 2006 (England and Wales) New regulations coming into effect in Wales on 02 April New regulations coming into effect in England on 1 st July Resources in the trade union studies centre Assessment criteria Illness at Work Level 2: 2.3 Level 3:

22 Worksheet: Smoke-free law and workplace practice Key legal requirements relevant to all places that employees work Current workplace practice Good practice and/or improvements needed 22

23 Worksheet: Smoke-free law and workplace practice Key legal requirements relevant all places that employees work Current workplace practice Good practice and/or improvements needed 23

24 FACT SHEET 2 Legal standards and smoke-free workplaces Summary (A summary from TUC Negotiating smoke-free workplaces 28 February 2007 at ) The smoke-free provisions of the Health Act 2006 cover not only tobacco in cigarettes, pipes and cigars but also herbal tobacco. These are all prohibited when lit, even if the person is not smoking at the time. So wandering through the workplace with a lit cigarette would be an offence. Smoking will not be permitted in any workplaces or public places which are 'enclosed' or 'substantially enclosed' from 2 nd April 2007 in Wales and 1 st July 2007 in England. This means premises that have a ceiling or walls at least half the way around, including doors and windows. The regulations will also cover work vehicles, although there will be an exemption for vehicles that are only ever used by one person with no passengers. It will not cover an employee's own vehicle unless it is being used for hire or as a work vehicle by more than one person. Employers will have to put up 'no smoking' signs or face a fine. The regulations lay down the minimum requirements for signs that have to be displayed at all entrances to premises and also in vehicles. It is the responsibility of the employer or operator to ensure the signs are there. There will be new offences of smoking in a smoke-free place and failing to prevent smoking in a smoke-free place. The latter offence will generally apply to employers or occupiers of premises, but the regulations also impose a duty on the drivers of smoke-free vehicles to prevent smoking. There are some exemptions under the new regulations. These mainly relate to situations where a person's workplace is also their, or someone else's, home. This will include residential homes, long-term residential mental health units, prisons, offshore platforms and hospices. Although smoking will be allowed in either a bedroom or a designated smoking room, there are strict conditions. The exemptions relate to residents and their guests only and employees will not be able to smoke on the premises (except off-shore platforms). The regulations do not cover designated hotel bedrooms or employees visiting people in their own homes. There are also exemptions for theatre and film performances where smoking is necessary for 'artistic' reasons, some research and testing facilities and specialist tobacconists in England. The regulations for Wales do not exempt specialist tobacconists or provide an exemption for theatre or film performances. 24

25 Full details of the law in England and Wales For full details of the new laws in England and Wales go to: Health Act 2006 (England and Wales) New regulations coming into effect in Wales on 02 April New regulations coming into effect in England on 1 st July

26 Activity Second-hand tobacco smoke quiz Aims To help us to: use some of the terms associated second-hand tobacco smoke have fun Task You will be divided into pairs. In your pair, look at the multiplechoice quiz and the words/terms/statements relating to second-hand tobacco smoke. Tick the boxes that you think are the most appropriate. You can use Fact Sheets 1 and 2 and helpful web pages to help you with any term, or word, or statement that you are not familiar with. When you have finished, the whole group will discuss their answers together. You can count up your scores for a bit of fun! Resources Fact Sheets 1 & 2 Helpful web pages Quiz Assessment criteria Illness at Work Level 2: 1.1; 2.2 Level 3: 1.1;

27 Multiple choice quiz Tick the most appropriate box for each question 1. Passive smoking means Relaxing when smoking a cigarette Involuntary smoking when exposed to second-hand tobacco smoke Taking a relaxed attitude to other people smoking 2. A carcinogen is A cancer causing agent A device for filtering out the harmful properties of cigarettes A European warning label that must be shown on tobacco adverts 3. Second-hand tobacco smoke contains Diluted tobacco fumes Nothing to worry about as it has been inhaled by someone else Nicotine, carcinogens and toxins 4. Apart from lung cancer, second-hand tobacco smoke Can cause nicotine stained clothing Is not harmful Is also associated with increased heart disease, asthma, and lower birth weights of babies born to mothers who have been exposed 5. Workers with the biggest concern about second-hand tobacco smoke are those involved in The leisure and hospitality industry The manufacture of tobacco related products The transport sector 6. Premises have to be smoke-free from 2 nd April in Wales and 1 st July in England If they are used as a place of work by more than one person If the employer consults all staff and they agree Where flammable substances are in use 7. In the Health Act 2006, smoking refers to Smoking cigarettes only Smoking cigarettes and pipes only Smoking tobacco or anything which contains tobacco, or smoking any other substance 8. If a person smokes in a smoke-free place after from 2 nd April in Wales and 1 st July in England It is their choice alone The manager of the smoke-free place should get the person smoking to stop It will not be an offence as the law is only trying to change habits that cause illness 9. Vehicles that are used by several employees Are not a place of work and the law does not apply Are subject to the same smoke-free laws as premises Can be used for smoking provided all the employees agree 10. No-smoking signs Are required only if the public use the smoke-free premises Are the owner s responsibility, & can contain any wording & be any size Will be made available free to businesses by the Department of Health 27

28 Workplace Activity Smoke-free policies and procedures Aims To help us to: find information for the next session of the course Task 1. Members Report back to your members and other safety reps about the work that you have done so far on smoke-free workplaces. Get their ideas on the next steps that should be taken. 2. Employer In case you did not have an opportunity to do the Pre-Course Activity, speak to an appropriate manager. Ask for: management policies, plans and procedures on smoking and second-hand tobacco smoke any disciplinary procedures relating to smoking at work Assessment criteria Illness at Work Level 2: 3.1 Level 3:

29 Activity Smoke-free policies and procedures Aims To help us to: review policies and procedures relating to smoke-free workplaces agree what should be covered in a policy Task In your small group: 1. Look at the smoke-free policies and procedures that have been brought in from your workplaces 2. Analyse what has been written about smoke-free workplaces 3. Assess the strengths and weaknesses and improvements that are necessary Report back Elect a spokesperson to report back to the rest of the group. Resources Policies from your workplaces Pre-course and workplace activity Fact Sheets 3 & 4 below Assessment criteria Illness at Work Level 2: 3.1 Level 3:

30 Worksheet Improving smoke-free policies and procedures Current situation Strengths and weaknesses Proposals to improve the situation 30

31 Activity Negotiating a policy to deal with smoke-free workplaces Aims To help us to: negotiate policies that deal with smoke-free workplaces practise presentation and negotiation skills Task The course will be divided into a number of management and union sides. Each negotiating team should appoint an observer to report back on the outcome of the negotiations. In light of the new smoke-free laws, the trade union side has requested a meeting to discuss the development of a new/revised policy that deals with smoke-free workplaces. They are seeking to ensure that management adopt a much more effective policy for their workplace with the involvement of safety reps clearly built in. 1. Each side should prepare a negotiating plan 2. Conduct a role play safety committee meeting to try and reach an agreement 3. The observer will report back summarising the outcome of the meeting and the arguments and techniques used Resources Negotiating plan below Fact Sheets 3 & 4 below Report back Observers from each small group will report back with the main points from the negotiation that they watched. Assessment criteria Illness at Work Level 2: 3.1; 3.2 Level 3: 3.1;

32 Worksheet: outline negotiating plan Main Facts Your Aims Fallback Main Arguments Management/Opposing Arguments Your Response Opening Position Other Factors 32

33 FACT SHEET 3 Smoke-free policies Introduction The TUC has called upon employers not to wait until the regulations come into effect on 2 nd April in Wales and 1 st July 2007 in England, to institute restrictions but to start moving now towards making the workplace a smoke-free environment in consultation with workers and unions. The new law and regulations will affect all union representatives, including those in premises that already consider themselves 'smoke-free'. A lot of workplaces still have smoking rooms. These will no longer be permitted from 2 nd April 2007 in Wales and 1 st July in England. The employer may also take the opportunity of the coming change in the law to review other issues such as smoking outside or breaks. Safety representatives and stewards should therefore aim to negotiate a smoking policy, or review any existing ones as soon as possible. Smoking policies enable the employer to deal with this controversial and sensitive issue in a practical and effective way. Smoking policies should not victimise smokers but seek to eliminate employee exposure to tobacco smoke. The main aims of a smoke-free policy are to: Protect all staff from the harmful effects of second-hand tobacco smoke Ensure that all parties including employers, smokers and non-smokers have a clear understanding of their rights and responsibilities and prevent problems arising Ensure that the workplace complies with the law A negotiated policy involving union representatives is more likely to be practical and acceptable to the workforce. Negotiating a smoking policy will vary depending on the workplace. The overall aim should be to eliminate employee exposure to environmental tobacco smoke, and at the same time comply with the new legislation. Policies should not be used to stigmatise smokers or discriminate against them. What needs to be done will depend on the current situation and your present smoking policy. Some workplaces will be starting from scratch; others will have a general smoking ban but still provide smoking rooms. Many will already be smoke-free but will be using the new legislation to review existing practices. 33

34 What should be included in a smoke-free policy? A comprehensive smoke-free policy will cover some or all of the following: The rights of non-smokers to breathe air that is free from tobacco smoke Compliance with all legislation relating to smoking in the workplace What time is allowed for smoking breaks for indoor workers who have to leave the workplace to smoke The support that is to be provided by the employer for smokers who wish to stop smoking What happens to employees who do not comply with it Procedures for monitoring the effectiveness of the policy and for reviewing it Procedures for resolving complaints and disputes The following steps will be useful when negotiating a smoke-free policy at work: The commitment of the employer to health promotion The smoke-free policy should not be an isolated action but part of a comprehensive approach to promoting health and preventing risks at work. Specific measures on smoking should be part of the employer's overall plan for health and well-being at work. The smoke-free policy should seek to protect or promote the health of both the smoker and the non-smoker. However while an employer may reasonably wish to support employees by helping them give up they should also accept that the decision whether to smoke outside of work is for the individual. Set up a working group The group should be responsible for co-ordinating the various phases of the programme - development, implementation and monitoring. The working group should be made up of trade union representatives, smokers and non-smokers, health and safety and human resources staff and the senior management team. Inform the workforce Rather than just notify the workforce that the smoking ban is being introduced to comply with the law, it is important that everyone in the workplace is informed about the health hazards associated with second-hand tobacco smoke. This can be done via health promotion programmes, displaying and distributing educational literature, articles in in-house publications or via an intranet. Consult the workforce It is important to find out employees' opinions on the policies to be implemented by the employer. A questionnaire could be drawn up and distributed by union representatives to find out: The number of smokers and ex-smokers The proportion of smokers who wish to give up smoking Attitudes to smoking in the organisation Opinions on issues such as outside smoking and breaks 34

35 Other ways of gauging employees' views are meetings, interviews or group discussions. These should be run by the union, rather than by management, so that people feel freer to express their views openly and honestly. Working towards a policy With the information from the consultation process a policy can start to be formulated. The draft policy should: Comply with the law Protect all non-smokers in the workplace Describe how disagreements and breaches of the policy will be dealt with Describe what help is available for smokers Have a clear timetable for implementation with a phase-in period Name the person responsible for monitoring and receiving feedback Provision for smokers Research shows that smoke-free workplaces help smokers to give up or reduce the amount they smoke, however some people will still want to smoke during working hours and many will find it very difficult to cut down or stop. Each organisation will deal with this issue differently depending on the culture and the nature of the work. However, from 1 st July 2007 in England and 2 nd April 2007 in Wales, no smoking can take place at all inside an enclosed building, so any permitted smoking area will have to be outside. If it is to be outside then provision will have to be made for ash and cigarette ends. If smoking is permitted outside in designated areas, the working party will need to consider whether to specify how often and for how long smokers may take breaks. Some employers have attempted to use smoking bans as an excuse for banning outside workers from smoking while on duty. There is no legal requirement to do this and outside smokers are only harming their own health, not that of others. If employers do propose this then safety representatives should consider this carefully, as it is not an occupational health and safety issue but a health promotion issue, or, if the outside worker can be identified with the employer through a uniform or other means, then simply one of image for the employer. If representatives from all areas and all levels of the organisation are involved in the working group it is more likely that the most appropriate policy will be drawn up and conflict will be reduced. The TUC does not support smoking policies that state that the employer will not employ smokers. If smokers restrict their smoking to outside working hours there is no reason this should affect their work or their ability. Support for smokers who want to give up Helping smokers to give up if they wish is an essential element of a successful smoking policy. You are recommended to work with your local NHS Stop Smoking Services on this (contactable through your local PCT). Ideally this will be offered both in the period leading up to the implementation of a smoking ban, as well as immediately after. There are various ways of doing this: Provide advice on giving up smoking from a doctor or health professional 35

36 Developing programmes for giving up smoking which could consist of group meetings run by professionals Supplying free or subsidised nicotine replacement therapy such as gum or patches Distribute self-help guides for giving up smoking Multi-component programmes including all of the above and tailored to the individual Implementing the policy Once the policy is finalised it needs to be communicated to the workforce and a date set for implementation. Good practice is to provide at least a 12-week gap between the policy being finalised and it coming into operation. At this stage the necessary adjustments should be made such as publicising the policy, ordering signs and organising support for smokers. Copies of the policy should be displayed in key areas around the workplace. All new employees should be given a copy of the policy. 36

37 Evaluation and monitoring The policy must be monitored and evaluated jointly by unions and management to ensure that it is working effectively. Any changes should be made in consultation with the workforce and any complaints or problems should be handled promptly and fairly. The following areas may be included in an evaluation: Have there been any reports of non-compliance? Are the signs clear and do they cover all areas including public areas? Are new staff told about the policy at induction? Are existing staff reminded about assistance available to help them stop smoking? Have there been problems over the use of breaks by smokers? If outside areas are available for smoking, are they being used and is litter removed regularly? Dealing with exemptions Where your employer can claim an exemption from parts of the smoke-free restrictions in the Health Act 2006, then it is important that the union is involved in discussions on how the exemptions will be introduced. In prisons, mental health units, oil and gas platforms, hospices and care homes, while smoking by residents will be permitted, this does not mean that the employer does not have a duty to protect staff. Workers in these areas have exactly the same rights to work in a smoke-free environment as other workers and any designated areas must be the exception rather than the rule. They cannot be rooms used by other residents for other purposes such as TV, games, rest or eating. Staff should not work in areas where smoking is permitted. Nor can they use these rooms to smoke themselves. Any designated smoking rooms must have mechanically closing doors and preferably separate ventilation. Within the entertainment industry unions should ensure that smoking is only permitted when it is a genuine artistic requirement and that non-addictive herbal tobacco substitutes are used to ensure that the artists do not get addicted to nicotine. The Smoke-free Premises etc. (Wales) Regulations 2007 do not include an exemption for performers in Wales. 37

38 Other issues Visiting clients in their home Workers visiting clients in their home are not directly covered by the provisions of the Health Act. However union representatives will wish to ensure that employees are protected when visiting clients in their homes. Obviously staff should not be able to smoke while with a client. Safety representatives and stewards will not wish to restrict the right of individuals to take part in a legal activity in their own homes, but employees also have a right not to be exposed to second-hand tobacco smoke. This is best done by seeking agreement with the employer that they will introduce guidance on this issue. In some cases it may also be appropriate to add smoke-free conditions into any service agreements with clients. All those who are visited regularly should be notified of the guidance or conditions in advance. The employer should ask any service users or clients who are visited regularly not to smoke for a certain period prior to any pre-arranged visit and during a visit. The client should also ensure that no-one living in the house with them smokes. Clearly where a client or patient is suffering from dementia or some other illnesses this may be difficult to enforce and some tact may be required. Transport workers The TUC is concerned that the regulations impose a specific duty on a driver or guard within a vehicle to prevent smoking. It believes that this duty should be on the operator rather than the driver. Public transport workers already suffer a high degree of violence. If they are forced to stop smoking by passengers by law the likelihood of violence is likely to increase. The law does allow a defence where it is not reasonable to stop the person smoking and it is important that unions ensure that their employer provide guidance on this. Union representatives should meet with employers to ensure that arrangements are in place to support drivers or guards in preventing smoking by passengers. This may include the installation of additional CCTV equipment, agreement with local police stations that they will deal with any calls for assistance urgently, training, and assurances that legal action will always be taken against those who threaten or abuse staff. 38

39 FACT SHEET 4 A draft policy on smoking The following is a draft policy that you might want to use as a template for one within your workplace. Policy on a smoke-free workplace Effective from [date]. Second-hand exposure to tobacco smoke has now been shown to be a risk factor for lung cancer and heart disease in non-smokers, as well as many other illnesses. This organisation acknowledges that breathing people's smoke is a public health hazard. Therefore, the following policy has been agreed between [name of employer] and [name of union(s)] concerning smoking in the workplace. General principle This smoking policy seeks to guarantee non-smokers the right to work in air free of tobacco smoke, while also taking account of the needs of those who smoke. All premises will be designated smoke free from [date]. This includes not only the smoking of tobacco in all forms, but also the smoking of herbal substitutes. Smoking will not be allowed in any part of any building. Smoking while on duty will only be allowed outdoors in designated areas and while on official breaks. This will not apply to staff working outdoors as part of their job. Vehicles All official vehicles will be smoke free at all times. Or All official vehicles will be smoke free at all times unless only ever used by one person and where passengers are never carried. 39

40 Informing staff of the policy All induction sessions will refer to the smoking policy and the reasons for it, and notices will be placed at all entrances and at selected places within all buildings. In addition the employer will inform staff of the policy in the following ways: [list them here] Clients and members of the public Employees will not smoke while in the homes of clients. In addition the employer will take the following steps to limit staff exposure to second-hand smoke from clients/members of the public: [list them here] Help for those who smoke It should be noted that this policy is not concerned with whether anyone smokes, but with where they smoke and the effect that this has on non-smoking colleagues. However, it is recognised that the smoking policy represents a change in the working conditions of those who smoke. In an effort to help individuals adjust to this change the following help is being provided: [list them here] Enforcement of the policy Breaches of the policy will normally be dealt with through education and counselling. As a last resort, if counselling and negotiation fail, employees who refuse to observe the policy on smoking will be subject to normal disciplinary procedures. Implementation, monitoring and review Responsibility for implementing and monitoring this policy rests with senior managers. Senior managers will carry out the monitoring of this policy at three, six and twelve months following implementation with a formal review after eighteen months. The trade unions will be consulted over the results of the monitoring and review. 12 weeks' notice will be given of the introduction of this policy and of any changes subsequently made to it. Changes will only be made after consultation with the trade unions. 40

41 Activity Trade union strategy smoke-free laws/policies Aims To help us to: decide what to do next implement plans for improvement Task In your small group: 1. Decide upon your action plan in relation to the smoke-free laws and policies that we have discussed on this short course 2. Use the Worksheet below to: Identify what the employer should be doing Devise a trade union action plan to make sure that the changes are made Report back Elect a spokesperson to report back to the rest of the course Resources Previous activities Fact Sheet 5 below Assessment criteria Illness at Work Level 2: 3.2 Level 3: