NO SMOKING POLICY Policy Title State previous title where relevant. State if Policy New or Revised Policy Strand Org, HR, Clinical, H&S, Infection Control, Finance For clinical policies only - state index category Links to National Regulatory Standards: Care Quality Commission(CQC) NHS Litigation Authority (NHSLA) National Institute for Health & Clinical Excellence (NICE) Policy Lead/Author Job titles only Consultation State year and the individuals, groups, committees, service users, working partners etc. you have consulted with Ratification State ratified by whom - Policy Ratification Group, Executive Committee or Director Equality Impact Assessment Implementation Plan No Smoking Policy New Organisational Health and Safety at Work Act (1974) Director of Nursing Human Resources Divisional Directors/Managers Service Managers Corporate Managers TCS Joint Staff Side Forum Policy Ratification Group Yes Yes Month/year policy first developed June 2014 Months/years policy reviewed Keep review dates in chronological order New Policy Next review due June 2017 Review details Revisions made, changes etc include page numbers and paragraphs For Corporate Executive Support use New Policy Date Policy First Uploaded to Intranet July 2014 Date Policy Revised & Reloaded to Intranet Version 1.0 June 2014
NO SMOKING POLICY Ref. Contents Page 1.0 Introduction 3 2.0 Purpose 3 3.0 Objectives 3 4.0 Definitions 4 5.0 Duties 4 6.0 Committee/Group Responsible for Approval of this Policy 5 7.0 Process 5 8.0 Monitoring Compliance 7 9.0 Standards/Key Performance Indicators 7 10.0 Equality Impact Assessment 7 11.0 Training 7 12.0 Data Protection Act and Freedom of Information Act 7 13.0 Legislation 7 14.0 Links to other Policies and Procedures 7 Review and Amendment Log Version Reason Status Date Description of Change V1.0 New Policy for the BCPFT Ratified June 2014 Alignment of policies following TCS. Version 1.0 June 2014 2
1.0 Introduction Black Country Partnership NHS Foundation Trust (hereafter referred to as the Trust) is legally responsible under the Health and Safety at Work Act (1974) for ensuring that all employees are able to work in a safe environment, free from unnecessary risk to their health. The Smoke-free (Premises and Enforcement) Regulations 2006 make it illegal to smoke on NHS premises and in workplaces and were introduced to protect employees and the wider public from being exposed to second-hand smoke. Passive smoking (the breathing of second-hand tobacco smoke) has been proven to cause harm to health and can even lead to lung cancer, heart disease and many other illnesses in non-smokers. This policy seeks to ensure that no employees, service users or visitors to the Trust are exposed to the risks associated with passive smoking. The No Smoking Policy applies to all employees of Black Country Partnership NHS Foundation Trust, any staff on secondment from another NHS employer, and any agency workers or contractors working on Trust premises. The Trust is committed to the principles of equal opportunities in employment for all. This policy will be applied equitably and fairly and aims to ensure that no employee receives less favourable treatment on the grounds of age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, or sexual orientation. 2.0 Purpose The Trust has a legal duty under The Smoke-Free Regulations 2006 to protect its employees, visitors and service users from the effects of second-hand smoke. The Trust is committed to providing a safe, healthy and smoke-free environment for staff, patients and visitors. This policy aims to meet the requirements of health and safety legislation by assessing and reducing the risks to health caused by tobacco to employees and other users of the Trust s premises. The Trust is committed to: Ensuring that all Trust buildings and premises are smoke-free for the benefit of employees, service users and visitors Protecting and improving the health and wellbeing of employees Protecting and improving the health and wellbeing of service users, visitors and contractors to the Trust Providing support and advice on smoking cessation to employees and service users who wish to stop smoking Role-modelling good practice to other NHS services and other organisations 3.0 Objectives Smoking is prohibited in all Trust buildings, and in vehicles owned or operated by the Trust whilst on Trust business. Smoking is not permitted around entrances or exits to buildings or within 15 metres around buildings owned or leased by the NHS. This policy applies to all employees Version 1.0 June 2014 3
(including agency and bank staff), visitors, service users and contractors whilst on Trust premises. Smoking is not permitted whilst employees are on duty. Employees that wish to smoke in their agreed breaks are required to leave the Trust premises and maintain a distance of at least 15 metres around buildings owned or leased by the NHS. When not on duty employees wishing to smoke should not be identifiable as Trust employees e.g. uniforms and identity badges should be covered. All employees have a right not to be exposed to second-hand smoke. Many service users are seen in their own homes and should be asked not to smoke in the presence of employees for the duration of the visit. If service users refuse or persist in smoking, the employee reserves the right to leave the premises; however under these circumstances they should seek the advice of their line manager. Both service users and employees will be offered help and support in giving up smoking. For service users that wish to smoke, this will only be permitted in specified smoking shelters as long as non-smoking service users and employees are not exposed to second-hand smoke as a result. Where management of clinical risks precludes a service user from accessing the smoking shelters safely they will be provided with appropriate Nicotine Replacement Therapy to support them in abstaining from smoking. 4.0 Definitions Smoking Cessation is the process of discontinuing tobacco smoking. Tobacco contains nicotine that is addictive. 5.0 Duties Employees To comply with all aspects of the policy with regards to maintaining smoke-free Trust premises and guidelines relating to when and where employees may smoke. To promote, support and enforce this policy at all times, by politely and firmly asking any visitor or employees not to smoke on Trust premises. To ensure that service users are both aware of the policy and that they are only permitted to smoke in smoking shelters or other pre-designated areas. Employees are only permitted to leave the premises during agreed breaks e.g. lunch breaks. Employees leaving the premises at other times may be deemed to be in breach of their terms and conditions and this may lead to disciplinary action being taken. Managers Managers are responsible for ensuring that the policy requirements are observed within their area of responsibility. Version 1.0 June 2014 4
Managers are responsible for reinforcing and upholding the policy with regard to members of staff taking unscheduled breaks; managers should monitor such behaviour and pursue disciplinary action where necessary. Managers should advocate on employees behalf where service users or visitors refuse to stop smoking during home visits or any other time when the member of staff is working away from Trust premises. The Trust The Trust will be responsible for distributing and communicating this policy to employees and managers and take measures to actively enforce it. The Trust will ensure that the principles of this policy are communicated to service users and visitors to Trust premises by means of appropriate posters and signage. The Trust will not engage in any activities that promote smoking or smoking materials and will not receive sponsorship from tobacco companies. Sale of tobacco products on any Trust premises or premises owned or leased by the NHS will not be permitted. Tenders and contracts for working with the Trust will stipulate adherence to this policy as a contractual condition. Service users will be advised of the policy on admission to Trust premises. Where relevant, GP practices will also be informed of the policy. Job advertisements offering employment within the Trust will include reference to the No Smoking Policy. 6.0 Committee/Group Responsible for Approval of this Policy The Staff Forum is responsible for the approval of this policy. 7.0 Process 7.1 Smoke Free Trust Premises This policy recognises that second-hand smoking adversely affects people s health. It is concerned with the effect that second-hand smoking has on service users, visitors, other employees and members of the wider community. Consequently, the Trust is committed to upholding the law by ensuring that people do not smoke in buildings owned or rented by the Trust whether they are employees, service users or visitors. In keeping with this, the Trust requires that employees refrain from smoking whilst on duty. However, the Trust acknowledges that not all service users residing in the Trust s hospital or residential premises will be able or willing to abstain from smoking for the duration of their stay. For policy guidelines for service users that smoke, please see section 7 below. 7.2 Home Visits and Non-Trust Premises Any employees visiting or treating service users in their own homes are entitled to the same level of protection as those working in Trust premises. Where a person s Care Plan requires an employee of the Trust to visit them in non-trust settings (including their Version 1.0 June 2014 5
own home) the service user should be made aware of Trust policy and should be asked that they and/or other occupants do not smoke during the visit. It may also be requested that visits take place in a room that the service user does not usually smoke in where possible. 7.3 Policy for Service Users that smoke All service users who smoke should be encouraged to stop smoking and should be able to access support to stop smoking either in the community or during hospital stays. Where possible, smoking cessation will constitute part of a service user s Care Plan. Pregnant smokers should be given clear, accurate and specific information on the risk of smoking to the unborn child and to them and be advised to stop smoking. Specific support to cease smoking should form part of the care plan for all pregnant smokers. Service users residing in Trust premises will be restricted to smoking within smoking shelters situated in the grounds. These smoking shelters will be located not less than 15 metres from the entrances to buildings and from open windows. Where physical limitations do not allow for shelters to be located at this distance, steps will be taken to minimise exposure of others to second-hand smoke. Where management of clinical risks precludes a service user from accessing the smoking shelters safely they will be provided with appropriate Nicotine Replacement Therapy to support them in abstaining from smoking. In such instances Nicotine Replacement Therapy will be maintained until the identified risks have abated sufficiently for the individual to be able to access the smoking shelters. Where a service user is unable to access the smoking shelter safely and the use of Nicotine Replacement Therapy is judged by the clinical team to be insufficient to maintain abstinence, then the case will be referred to the relevant Service Manager for a decision on whether exceptional provision can be made. Employees will not assist patients to smoke anywhere other than in designated areas, for example by conveying them outside of the Trust s buildings or off the Trust site. All employees will have the support of senior clinical and managerial colleagues and the security staff if service users or visitors place them under pressure to violate the Trust s No Smoking Policy. 7.4 Policy for E-Cigarettes This Smoking Policy also applies to the use of electronic cigarettes. The use of electronic cigarettes is prohibited wherever smoking is prohibited. 7.5 Smoking Cessation Advice The Trust has an important health promotion role to play in relation to smoking cessation for staff, service users and visitors. One of the most important aspects of this role is to provide a smoke free environment, as above. However, the Trust recognises that it has further responsibilities in relation to employees, service users and visitors. Should employees wish to seek further support to stop smoking then we would encourage employees to contact their GP or Nurse Specialist. Version 1.0 June 2014 6
8.0 Monitoring Compliance Monitoring of the policy will take place through the Trust s Risk Management systems. 9.0 Standards / Key Performance Indicators Key Performance Indicator Method of Assessment 1. Complaints received Review of casework file 2. Formal counselling Review of casework file 10.0 Equality Impact Assessment The Black Country Partnership NHS Foundation Trust is committed to ensuring that the way we provide services and the way we recruit and treat staff reflects individual needs, promotes equality and does not discriminate unfairly against any particular individual or group. The Equality Impact Assessment for this policy has been completed and is readily available on the Intranet. If you require this in a different format e.g. larger print, Braille, different languages or audio tape, please contact the Equality & Diversity Team on 0121-612-8067 or email EqualityImpact.assessment@bcpft.nhs.uk. 11.0 Training Managers will receive guidance as appropriate around how to apply this policy fairly and consistently. 12.0 Data Protection Act and Freedom of Information Act All staff have a responsibility to ensure that they do not disclose information concerning the Trust s activities or about service users in its care to unauthorised individuals. This responsibility applies whether you are currently employed or after your employment ends and in certain aspects of your personal life e.g. use of social networking sites etc. The Trust seeks to ensure a high level of transparency in all its business activities but reserves the right not to disclose information where relevant legislation applies. 13.0 Legislation Health Act 2006 Please note that some of the legislation listed above has been amended since it originally came into force. You must ensure, therefore, that you refer to the most recent version. 14.0 Links to other Policies and Procedures Disciplinary Policy Uniform Policy Version 1.0 June 2014 7