Smoke Free Workplace Policy Health and Safety Policy Staff Handbook References Other CLC policies relating to this policy Disciplinary Policy Legislation relating to this policy Smoke Free Premises etc (Wales) Regulations 2007 Date of Last Review Date of next Review Responsible for Policy Review October 2017 October 2018 Health & Safety Committee Community Lives Consortium is regulated by the Care Standards Inspectorate for Wales and commissioned by City & County of Swansea and Neath Port Talbot County Borough Council, we may share information about our services and the people we support for quality and regulatory purposes
Contents Purpose of the Policy... 3 Electronic Cigarettes... 3 Staff... 3 Vehicles... 4 The People we Support... 4 Implementation of the Policy... 4 Assistance for smokers... 5 List of Consortium Premises... 5 2
Purpose of the Policy Community Lives Consortium recognises the principle that it is the choice of individuals if they want to smoke. However, with legislation in place that prevents people from smoking in public places to protect the health of non smokers, the Consortium has a duty to have a policy which helps to protect the health of the people we support and those who work for us. In April 2007, new smoking laws were introduced which will protect non-smokers from second-hand smoke. All places of employment are required to comply with these regulations. This policy ensures Community Lives Consortium complies with current legislation. By adopting a workplace smoking policy the Consortium will be able to manage the issues that smoking brings in a professional and effective way and is good business practice. The main purpose is to ensure: The workplace complies with relevant legislation. The people we support, their friends and family, those who work for the Consortium and contractors have a clear understanding of their rights and responsibilities. The safety of the people we support and those who work for the Consortium. This policy applies to all who work for the Consortium. Contractors, visitors and members of the public will also be required to comply with this policy. This policy applies to all Consortium properties, including vehicles used for work (personal or leased cars). Please refer to the section entitled Vehicles. Electronic Cigarettes This policy also applies to the use of electronic cigarettes and vaping. To avoid being exposed to second hand tobacco smoke staff are advised to vape in a different area to smokers. Staff While smoking during natural breaks, staff must ensure that they are not on Consortium property. Please see Appendix 1, which provides a list of Consortium properties. In accordance with the principles of customer care and common courtesy, those who work for the Consortium will not smoke in the homes of the people we support. Staff may smoke or vape during natural breaks while working; however this must not interfere with their regular duties or responsibilities. Staff are to be responsible for the appropriate and safe disposal of their cigarette waste / litter. 3
Vehicles VEHICLES - THE LEGISLATION STATES: A vehicle shall be smoke free if it is used for work purposes by more than one person (even if the persons who use it for such purposes do so at different times or only intermittently). Any personal vehicles (including leased vehicles) which are used for work will be designated by law as a smoke free workspace. There should be no smoking in these vehicles either during or outside working hours. Smoking is not permitted in any vehicles of the people we support. The People we Support The legislation does not prohibit people smoking in their own homes; however an agreement should be made about where in the house smoking will be permitted to ensure the people we support who do not smoke are not disturbed and are protected from inhaling second hand smoke. In addition, the law says that all staff members have the right not to inhale second hand smoke. Therefore the people we support who wish to smoke must make arrangements to do so in a way that does not affect the right of the staff member or breach the law. The Consortium recognises that this may be a difficult compromise between the rights and choice of the smoker and the law which protects the non smoker, therefore the people we support should be encouraged and supported to make appropriate smoking arrangements both in their own home and when being supported in the community. The people we support who choose to smoke in their own home will need to be risk assessed in discussion with the Care Manager. This will ensure that they are able to be supported safely. The agreed arrangement must be documented in the house rules or in a support plan when appropriate. Implementation of the Policy It is the responsibility of line managers to ensure appropriate arrangements are in place for the effective implementation, management and ongoing monitoring of this policy. Line managers must ensure that their teams are advised of the provisions of this policy. All persons applying for posts within the Consortium will be made aware of Consortium policies in recruitment information packs and induction procedures. Those who are required in the course of their duties to work in an environment where the people we support smoke, must be fully informed of how the risk is to be managed. Proactive measures will be taken to ensure that all employees and visitors are aware of this policy. Clear No Smoking signs are to be displayed in areas where smoking is not permitted. 4
The Consortium recognises that the success of this policy relies on the co-operation of everybody. Any breaches of the policy may result in formal action under the Consortium s Disciplinary Policy. Assistance for smokers The Consortium wishes to encourage good health by supporting the people we support and those who work for us to reduce or cease smoking. Employees who wish to access this support should contact the Consortium s Occupational Health Service, who will provide support and assistance as required. The Consortium s Employee Assistance Programme can also provide support and assistance for staff who wish to reduce or cease smoking. The following organisations can also offer advice and/or support to those who wish to stop smoking: Employee Assistance Programme Occupational Health Service Smokers Helpline Wales (0800) 371 540 (01554) 756567 ext 3518 (0800) 169 0169 List of Consortium Premises Walter Road Office. Workshop. NB: This Policy will also apply to any venues hired, leased or used by the Consortium. 5