This company believes that smoking at work presents a serious health hazard and fire risk for smokers and non-smokers alike. The company recognizes its duty under the Smoke-free (Premises and Enforcement) Regulations 2006 to provide a smoke-free premises, with exceptions for residents of the home under the Smoke-free (Exemptions and Vehicles) Regulations 2007. The home also recognises its duty as an employer to provide for its employees, so far as is reasonably practicable, a safe working environment which includes not subjecting staff to an excessively smoke-filled working environment.
While acknowledging that E-cigarettes are likely to be less harmful than conventional smoking in this company e-cigarettes are classified as a tobacco product. The company also believes that a failure to include e-cigarettes in its smoking policy could lead to employees believing that the tobacco ban is no longer in place or can be ignored. This policy therefore, applies equally to smoking cigarettes and e-cigarettes.
Aim of the Policy
This policy is intended to set out the values, principles and policies underpinning the company’s approach to smoking on its premises. The aim of the policy is to protect staff and residents from the health risks associated with the inhalation of tobacco smoke and to ensure their safety, and that of the company’s property, by reducing fire risks. Where appropriate the company will also support those residents or members of staff who would like to stop smoking.
Designated Smoking Areas
In order to minimise the health risks associated with smoking, and the possibility of death, personal injury or damage to property resulting from fire, smoking by residents, visitors, contractors and staff is strictly prohibited on the premises except for the following areas.
• Smoking is permitted by residents outside of the buildings. Staff are permitted to smoke in the following designated areas.
Hill House – to the back right hand corner of the home
Hill Brow – to the right hand side of the building behind the gate
Woodlands – to the left hand side of the building
In this home:
• the above smoking areas are provided with receptacles for smoking waste
• the no-smoking policy applies to all areas of the premises including kitchens, staff rest rooms, private offices, bathrooms, toilets, residents’ bedrooms, car parks and the organisation’s vehicles
• smoking regulations apply equally to residents, relatives, visitors, contractors and to all employees regardless of seniority
• staff have no rights to smoking breaks above or beyond their normal lunch or coffee breaks
• fire risks presented by the use of smoking materials in the designated smoking area will be addressed regularly as part of the organisation’s fire risk assessment processes.
All new residents should be informed of the smoking policy during their introductory visit. During their initial interview their attention should be drawn to the home’s smoking policy in their contract. All new members of staff should be informed of the policy during their induction period.
Non-compliance with this Policy
It is the company’s intention to enforce its no smoking regulations with sensitivity to, and respect for, the needs of employees and residents who do smoke. However, all breaches of the regulations will be treated as serious matters of discipline and dealt with in the appropriate manner.
In the unlikely event of a member of staff not respecting the policy, the care home manager should attempt to resolve the situation informally in the first instance. However, any repeated breaches of the policy will result in disciplinary procedures and may lead to dismissal.
Disputes arising from staff due to the no smoking policy will be dealt with through the company’s established grievance procedure.
Support for Stopping Smoking
The company recognises that nicotine is a highly addictive substance and will do all that it can to help or support staff or residents who are smokers to give up their habit.
Residents who wish to stop smoking should be referred to their GP or put in touch with the local NHS smoking cessation service.
Staff wishing to give up smoking should discuss the matter with the care home manager who can advise them of local NHS smoking cessation services.
This policy is intended to benefit all employees and visitors and all employees are responsible for its continued implementation. Overall responsibility for ensuring the policy is implemented, monitored and reviewed rests with the care home manager. Information on the policy will be:
• circulated to all staff
• provided to all new employees
• included in the health and safety policy.
Responsibility for implementing and monitoring this policy rests with the care home manager.
All new staff should be encouraged to read the policy on smoking as part of their induction process and should also be referred to the “no smoking” clause in their contract of employment.
Policy review date: ________________________________