No Smoking Policy and Procedure

Transcription

1 Not Protected No Smoking Policy and Procedure Reference No. P09:2004 Implementation date 1 st November 2004 Version Number 1.8 Reference No: Name. Linked documents P22:2004 Health & Safety Policy & Procedure Policy Section Procedure Section Suitable for Publication Yes Yes Protective Marking Not Protectively Marked PRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UP TO DATE VERSION CAN BE FOUND ON THE FORCE INTRANET POLICIES SITE. 1

2 Table of Contents 1 Policy Section Statement of Intent Aim and Rationale Our Visions and Values People, Confidence and Equality Standards Legal Basis People, Confidence and Equality Impact Assessment Monitoring / Feedback Procedure Section Application Police Clubs Custody Suites/Exercise Yards Vehicles No Smoking Signs Outdoor Areas Smoking during Working Time Organisational and individual responsibilities Assistance for People who smoke Recruitment & Selection Breaches of the Policy Resources for disposal of cigarette stubs etc Visitors Electronic Cigarettes (e-cigarettes) and Nicotine Inhalators Consultation and Authorisation Consultation Authorisation of this version

3 5 Version Control Review Version History Related Forms Document History

4 1 Policy Section 1.1 Statement of Intent Aim and Rationale This policy, depending on the individual circumstances can apply to both the Chief Constable as the employer of Police Officers and Police Staff and the Office of the Police and Crime Commissioner as the employer of staff employed by them. Where the phrase Dorset Police is stipulated, this policy may apply to the Chief Constable or the Office of the Police and Crime Commissioner, or potentially both acknowledging that they are in their own right separate corporations sole and both have legal responsibilities under the Health and Safety At Work etc Act Dorset Police has operated a No Smoking policy since October The Force aim is to promote a healthy working environment and to comply with the Health Act 2006 which has been introduced to protect non-smoking employees and the public from the harmful effects of second-hand smoke. Smoking and passive smoking significantly increases the risk of lung cancer, heart disease and other illnesses. Smoking remains the biggest cause of avoidable deaths in England. 1.2 Our Visions and Values Dorset Police is committed to the principles of One Team, One Vision A Safer Dorset for You Our strategic priority is to achieve two clear objectives: To make Dorset safer To make Dorset feel safer In doing this we will act in accordance with our values of: Integrity Professionalism Fairness and Respect 1.3 People, Confidence and Equality This document seeks to achieve the priority to make Dorset feel safer by securing trust and confidence. Research identifies that this is achieved through delivering services which: 1. Address individual needs and expectations 2. Improve perceptions of order and community cohesion 3. Focus on community priorities 4. Demonstrate professionalism 4

5 5. Express Force values 6. Instil confidence in staff This document also recognises that some people will be part of many communities defined by different characteristics. It is probable that all people share common needs and expectations whilst at the same time everyone is different. Comprehensive consultation and surveying has identified a common need and expectation for communities in Dorset to be:- - Listened to - Kept informed - Protected, and - Supported National Decision Model The National Decision Model (NDM) is the primary decision-making model used in Dorset Police. The NDM is inherently flexible and is applied to the development and review of all policy, procedure, strategy, project, plan or guidance. Understanding, using and measuring the NDM ensures that we are able to make ethical (see Code of Ethics), proportionate and defensible decisions in relation to policy, procedure, strategy, project, plan or guidance. Code of Ethics The Code of Ethics underpins every day policy, procedures, decision and action in policing today. The Code of Ethics is an everyday business consideration. This document has been developed with the Code of Ethics at the heart ensuring consideration of the 9 Policing principles and the 10 standards of professional behaviour. Monitoring is carried out through the Equality Impact Assessment process which has been designed to specifically include the Code of Ethics. 2 Standards 2.1 Legal Basis All staff have a responsibility under the Health and Safety at Work etc Act 1974 to cooperate with an employer to ensure health and safety in the workplace and the success of this policy depends upon the consideration and co-operation of all members of staff. For the purpose of this policy, smoking is defined as the smoking of cigarettes, cigars and pipes. This policy supports the Strategy for a Healthy Police Service which puts a responsibility on individuals to take reasonable care for their own health and wellbeing and for line managers to take a proactive interest in the welfare of their staff. 5

6 This policy applies to all police officers, police staff, special constables, volunteers, temporary workers, detained persons including visitors, contractors and other agency employers whilst on Dorset Police premises. 2.2 People, Confidence and Equality Impact Assessment During the creation of this document, this business area is subject to an assessment process entitled People, Confidence and Equality Impact Assessment (EIA). Its aim is to establish the impact of the business area on all people and to also ensure that it complies with the requirements imposed by a range of legislation. 2.3 Monitoring / Feedback This document will be monitored by the HR Specialist (Health and Safety) and the Health and Safety Unit when undertaking visits to premises. The effectiveness of this document will be ascertained through reduce sickness absence and Improved workplace environment. It is not intended to undertake active monitoring of this policy. Instead, local managers will be expected to continually ensure that the requirements of this policy are satisfactorily meet in their areas of responsibility. Constant monitoring will be achieved through active staff peer encouragement. Feedback relating to this policy can be made in writing or by to Address: Mr. R. Aiston, HR Specialist (Health & Safety) Winfrith, Dorchester, DT2 8DZ bob.aiston@dorset.pnn.police.uk Telephone:

7 3 Procedure Section 3.1 Application A ban on smoking will apply in all internal areas of Dorset Police premises. This will include all work areas, offices and rest/welfare/entertainment facilities. The policy will also apply to any room or building that is hired or leased to Dorset Police in the course of work. 3.2 Police Clubs Smoking will not be permitted in police bars and clubs located on Dorset Police premises or PFI sites. 3.3 Custody Suites/Exercise Yards Detained persons will not be allowed to smoke in custody suites or exercise yards. There are no exceptions for HM prisoners using custody cells as temporary accommodation. 3.4 Vehicles All police vehicles, including hired and loaned vehicles, will be smoke-free. Smoking by all drivers and passengers is prohibited Smoking is prohibited in leased cars provided by the Force when carrying passengers on business journeys Smoking is prohibited in private cars when carrying passengers on business journeys. 3.5 No Smoking Signs All Force premises and directly owned vehicles are to display prescribed signs A5 (minimum) signs which display the prescribed international no smoking sign must be conspicuously and permanently displayed at all entrances to buildings The international no-smoking symbol measuring at least 70mm must be displayed in all police vehicles. 7

8 3.6 Outdoor Areas Officers and staff will be permitted to smoke in locally agreed designated outdoor areas on police premises 10 metres or more away from entrances and windows and not in view of the public, with the following exception:- i. Smoking is prohibited within 15 metres of where combustible substances are stored or used; ii. Police Officers and staff whilst at work will not smoke when dealing with the public; When on duty and working in public areas, officers and staff will not generally be permitted to smoke. If a duty is out of sight of the public and the officer or staff member is on a rest period then, smoking may be permitted after the due consideration of the likelihood of being seen by a member of the public and the effect that may have public confidence. Litter from smoking must be placed in receptacles provided in the designated areas and not discarded 3.7 Smoking during Working Time People who smoke will be required to confine their smoking to their meal break and other authorised breaks only. Staff will not be permitted to take additional smoking breaks. A VDU break from the screen, permitted every hour, is not to be considered as a break to participate in smoking. 3.8 Organisational and individual responsibilities It is the responsibility of Heads of Commands and Heads of Departments to ensure that this policy is effectively implemented and is enforced consistently in their areas of responsibility It is the responsibility of all staff to ensure that the requirements of this policy are observed. 3.9 Assistance for People who smoke In the interests of promoting a healthy work force, Dorset Police will endeavour to provide support to members of staff who encounter difficulties in reducing or ceasing their smoking habit. The nature of the support required will in most cases depend upon individual circumstances. Members of staff are encouraged to contact the HR Business Support Team, who will make a referral to Occupational Health to receive appropriate support, advice and guidance In the first instance however, members of staff experiencing difficulty in complying with this policy may wish to consult his/her line manager. 8

9 3.9.3 Help and advice on giving up smoking can also be obtained from GP s as many run Stop Smoke Clinics. Advice is also available from the following sources:- i. Live Well Dorset (referral service) on either or , NHS Smoke Free Service, ii. Text GIVE UP and your postcode to (NHS) to find your local Stop Smoke service iii. ASH 3.10 Recruitment & Selection All recruitment advertisements will state that Dorset Police operates a policy for the control of smoking Documentation issued to applicants and successful appointees will include an explanation of the policy. Applicants should also be advised of the policy during the interview process Breaches of the Policy In cases where staff breach this policy, disciplinary action may be taken in accordance with the Disciplinary procedure for Police Staff, and Police (Conduct) Regulations as appropriate. Other than in exceptional circumstances, disciplinary action will only be taken after discussion, counselling or other appropriate means have been explored In cases of persistent and wilful breaches of this policy, disciplinary action may, as a last resort, include dismissal. The manager must decide how serious the breach was, having regard to the following: i. The Smoking at Work Policy has, in the past, been consistently enforced. ii. Employee's awareness of the Policy. iii. Receipt of previous warnings. iv. Previous conduct/record of employee. v. If smoking has occurred in medium/high risk fire areas 3.12 Resources for disposal of cigarette stubs etc Receptacles for cigarette stubs etc will be provided at locally agreed designated outdoor smoking areas Visitors Visitors who do not comply with Force smoking restrictions will be asked to stop smoking or if necessary asked to leave the premises. 9

10 3.14 Electronic Cigarettes (e-cigarettes) and Nicotine Inhalators E-cigarettes are only to be used outside of a building. Individuals may elect to use the devices in a designated smoking area if they so wish. The devices may be used in any outdoor space except; access/egress points into any Dorset Police building, within 10 metres from any window and areas where the public have access to or can view Nicotine inhalators containing nicotine are a recognised accepted nicotine replacement therapy (NRT) they are used to help smokers give up the habit. They are regarded as a medicine. They work by giving a person a small amount of nicotine without the dangerous effects of inhaling tobacco smoke. Absorption into the body is through the mucous membranes in the mouth rather than travelling down to the lungs. No additive nicotine vapour is given off with this device. Therefore, its use is permitted within buildings provided that it is not used in an overt manner, seen by others and in no-way gives off any vapour. 10

11 4 Consultation and Authorisation 4.1 Consultation Version No: Name Signature Date Police & Crime Commissioner Police Federation Superintendents Association UNISON Other Relevant Partners (if applicable) 4.2 Authorisation of this version Version No: 1.8 Name Signature Date Prepared: Robert Aiston Robert Aiston 19/10/2015 Quality assured: Authorised: Peter Channon Pete Channon 21/10/15 Approved: 5 Version Control 5.1 Review Date of next scheduled review Date: 23 October

12 5.2 Version History Version Date Reason for Change Created / Amended by 1.0 July 2004 Initial Document Ms J. Lawry 1.1 November Reformatting Ms M. Ashdown August New Health Act 2006 Ms S. de Saeger /07/10 Minor review to reflect changes to Mr. R. Aiston 1.4 August 2010 restructure Minor review to reflect change to HR Specialist (Health & Safety) and reformatting 1.5 August 2012 Review to include transition arrangements from DPA to the PCC 1.6 March 2014 Inclusion of electronic cigarettes and Nicotine inhalators. Various minor amendments. Paragraph 3.9 reworded to reflect HR organisational change. Paragraph 3.6 reworded /11/14 The policy has been reviewed in preparation for NICHE implementation (April 2015), no changes necessary Mr. R. Aiston Mr. R. Aiston Mr. R. Aiston Policy Co-ordinator (6362) /10/2015 The following paragraphs were amended; 2.1 to include other agencies, amended to include PFI sites and advice details updated. Mr R Aiston 5.3 Related Forms Force Ref. No. Title / Name Version No. Review Date 5.4 Document History Present Portfolio Holder Director of HR, Graham Smith Present Document Owner Mr. P. Channon Present Owning Department Human Resources Details only required for version 1.0 and any major amendment ie 2.0 or 3.0: Name of Board: Date Approved: Chief Officer Approving: 12 (HR) version January 2013)