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How to implement a smokefree policy

Criteria for a smokefree policy
How to implement a smokefree policy
Example of a smokefree policy
Frequently Asked Questions


Smokefree Workplace Criteria

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In general, the quicker workplaces become smokefree the better it will be for the health and well being of your employees and your organisation.

The smokefree provisions of the Health Act, which are likely to come into force in Summer 2007, will mean that places of work such as factories and offices, shops, public and government buildings, schools, bars, restaurants, hospitals and public transport and many others will be required to go smokefree.

But there is nothing to stop employers from going smokefree before this deadline, and there are many good reasons to do so.  

For example, all workplaces are covered by existing Health and Safety Acts and Employment Acts. This means that every employer has a duty of care to their employees, requiring them to do everything reasonably practicable to protect workers from harm.

There is overwhelming scientific evidence about the dangers of exposing non smokers to secondhand smoke in the workplace, therefore to continue to expose workers to the dangers of secondhand smoke in the workplace could mean legal action, if workers or customers are made ill through exposure. Employers now have no good reason not to know about the risks of secondhand smoke, given the extensive publicity around the smokefree provisions of the Health Act and the publication of, for example, reports from the Government’s Scientific Committee on Tobacco and Health  

A smokefree policy in the workplace based on health and safety principles should meet the following criteria, although employees and their trade union representatives should always be fully consulted about such a policy. It may be necessary in particular cases to consider what phased steps to take to move from a situation where smoking is allowed somewhere or everywhere in a workplace, to a situation where it is not allowed in the workplace at all, although the health and safety risks of such an approach should be carefully considered.

REQUIREMENTS OF A SMOKEFREE POLICY

  1. Notice (90 days) is given to workers and customers of changes to existing policy on smoking in the workplace.
  2. Where changes to employee contracts are made, this will only occur after consultation and negotiations between the employers and employees.
  3. From an agreed date, smoking will not be allowed indoors anywhere in the buildings. If smoking has previously been allowed in shared communal space, canteens or pre-existing smoking rooms then these are now made smokefree.
  4. Details of provisions applying to employees who wish to continue to smoke outside the building (including policy on work breaks).  
  5. Where there is provision of outdoor designated smoking areas these are located away from entrances and exits. People who smoke outside are encouraged to dispose of their cigarette litter properly in bins or pouches. The charity ENCAMS (Keep Britain Tidy) is working in partnership with cigarette bin manufacturers to offer local authorities and businesses the chance to purchase smoking bins at a discounted price.
  6. All vehicles used at work are smokefree except when used exclusively by a single individual.
  7. Signage will be used to inform workers, customers and visitors of the new smokefree policy.
  8. A clear complaints and reporting procedure is put in place to deal with any problems arising from the new policy.
  9. Employees are given access to help to stop smoking at work and to quit, including support for NRT treatment where appropriate.
  10. The employer provides clear information and advice to explain the decision to go smokefree and to set out the new policy.
  11. The smokefree policy is reviewed after 6 months and then annually in line with other health and safety policies.

http://www.advisorybodies.doh.gov.uk/scoth/PDFS/scothnov2004.pdf


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How to implement a smokefree workplace policy
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A formal smokefree policy clearly sets out for all employees the conditions where smoking is and is not permitted. Properly constructed, it will ensure that both employers’ and employees’ legal rights and obligations are upheld and benefit the health of all employees. Properly negotiated, it will raise awareness about an important public health issue, and reduce friction in the workplace between smokers and non-smokers. The financial costs of developing and implementing a smokefree policy are one-off or time-limited and may be summarised as follows:

● Time to consult and negotiate with the workforce

● Time to prepare, implement, monitor and evaluate the policy

● Time and other costs associated with informing the workforce about the issues

● Publicise the policy

● Provide help for smokers who want to stop smoking

There are five steps involved in introducing a smokefree policy. A model for these is discussed below, but this will need adapting to suit the circumstances of each workplace.

Step 1 Setting up a working party

The formation of a working party is central to the process of developing, implementing and monitoring a smokefree policy. The working party must represent all elements of the workforce including: smokers and non-smokers; representatives of unions, safety reps and professional bodies; as well as health and safety staff. The working party must have direct lines of accountability and communication to senior management.

Step 2 Informing the workforce

It is important that everyone in the workplace is informed about the health hazards and other problems associated with secondhand smoke. The better informed the workforce; the more receptive it is likely to be to a smokefree policy. Possible ways to raise awareness of the issues are: as part of other work-based health promotion programmes; distribution and display of educational literature; other promotional materials; via in-house publications; or by inviting an outside expert to speak to employees. It is also important that employees understand their own personal responsibility in relation to current legislation, and are made aware of the process which will be used to arrive at the policy.

Step 3 Consulting the workforce

Before making the changes required for the introduction of a smokefree policy, it is recommended that employers consult the workforce. This is best practice and also, technically, this could constitute a change in terms and conditions of employment. The process of consultation, which should include unions and safety reps, is also important in identifying the needs of employees, and establishing and resolving difficulties and conflicts of interest, should they arise. One way of allowing employees to express their views is by conducting an in-house questionnaire. Other ways are through meetings, group discussions, interviews, in-house newsletters, or suggestion boxes. An important component of consultation is offering feedback to staff. Consultation is vital, but it should not become a cause of unnecessary delay, nor be used to justify a decision to take no action.

Step 4 Develop the policy

The information collected from consulting with the workforce provides a baseline from which to begin formulating a policy. The areas that a policy could cover are:

● Operating principles that guide the smokefree policy– such as the rights of non-smokers and compliance with legislation that relates to smoking in the work place.

● The places and times that smoking is permitted. Comprehensive smokefree legislation covers all workplaces and does not make provision for smoking in rest areas, communal areas such as corridors and vending areas, canteens, personal offices or meeting rooms. The policy could be extended to cover communal outdoor areas and exit and entrances to the workplace.

● It is up to the employer in consultation to decide on provision for smokers, including policy regarding smoking outside the office and whether to provide facilities such as litter bins and street sweeping.

● The arrangements for notifying visitors or members of the public that enter a workplace

● Contractual obligations or conditions – such as time allowed for smoking breaks, clocking on/off, additions to the working day to equalise working time with non-smokers.

● Complaints procedure.

● Consequences of failure to comply with the policy.

● Support for smokers that wish to quit such as smoking cessation services, on site counselling and subsidised smoking cessation aids.

● The approach to be adopted for employees with higher health risk – such as people with asthma or pregnant women. This requires a specific response to the relevant EU legislation. This need not involve identifying people at risk, but knowing what to do if an employee identifies themselves as at increased risk.

● The policy needs to be regularly reviewed - it could become more restrictive after an initial adjustment period. Particularly if any indoor provision for smokers needs to end to comply with the new legislation. As such it is necessary to devise procedures for reviewing the policy, ensuring compliance and resolving disputes – including naming the persons and posts responsible.

Step 5 Implementing the policy

The final step involves announcing the final policy to the workforce, checking that all necessary arrangements and adjustments have been made, and ensuring that a mechanism is in place to monitor the policy in the months following implementation. Managers, union officials and other key personnel should clearly understand the background to the policy and how it has been developed. Employees should be officially informed of the policy and appropriate notice be given to effect a change in their contract of employment.

Copies of the policy should be displayed in key locations. All new employees should be given a copy of the policy and it should be mentioned in job advertisements and at interviews.

Signs should be erected so that it is readily apparent where smoking is not permitted.

Any adjustments to the policy following introduction should comply with future smokefree legislation in the workplace and must not compromise the goal of protecting non smokers from secondhand smoke.

TUC Guide: Negotiating smokefree workplaces


(89kb)


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Example of a model policy
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Smokefree policy for (name of organisation )

Effective from (date)

Introduction

Secondhand smoke is both a public and workplace health hazard. This smokefree workplace policy seeks to guarantee all employees the right to work in air free of tobacco smoke. All premises will be designated smokefree from (date) with adequate signage to inform employees and visitors of the smoke free status of the building.

The Smokefree Policy

Work areas

Smoking is not permitted inside the building from (date).

Facilities for disposal of smoking refuse etc

Smoking may be permitted as appropriate on ( organisation ) land, but will not be permitted inside ( organisation ) buildings or near entrances and exits. Where smoking is permitted on land owned by ( organisation ), receptacles will be provided for the disposal of cigarette ends and other waste smoking materials.

Vehicles

Smoking is not permitted in company vehicles, unless when used exclusively by a single individual.

Unions / health & safety representative

This policy has been devised in full consultation with all employees. It enjoys the support of the relevant health and safety representatives.

Informing staff of the policy

The employer has informed staff 90 days in advance and will provide all members of staff with a copy of this policy upon their request.

Visitors and temporary staff

Visitors and temporary staff are expected to abide by the terms of this policy. The following arrangements have been made for informing them of its existence:

Adequate signage

Receptionist / Person greeting will inform the person of the policy, to be reinforced via the invitation letter or email if required.

Recruitment procedures

Job advertisements, job descriptions and interviews will include reference to this policy. On their appointment, all new staff members will be given a copy of this policy.

Help for those who smoke

This policy recognises that secondhand smoke adversely affects the health of all employees. However, it is recognised that the smokefree policy will impact on smokers’ working lives. In an effort to help individuals who smoke to adjust to this change, the following help is being provided:

  • Access may be agreed for up to five hours of work time to attend any course that will help smokers to quit
  • Smoking Cessation support may be made available to employees who smoke and provided by (add name of local Stop Smoking Service)
  • Use of the stop smoking telephone helplines may be allowed during work time

Compliance requirements of the policy

Breaches of this policy will be subject to the normal disciplinary procedures, as stated in employees’ handbook.

Fines

Failure to dispose of cigarette litter properly outside the building can result in the person being fined by the local authority up to £75. Refusal to pay can result in a court fine of £2500.

Implementation

Responsibility for implementing and monitoring this policy rests with managers and supervisors.

Monitoring and reviewing

This policy will be reviewed (state the regularity) to ensure that it continues to meet the aims.   The Co-ordinator in charge of the smokefree policy is ……………………………………………… s/he can be contacted by ………………………………………………………..  

This policy was adopted by the management team at their meeting on ………….

Changes to the policy

Twelve weeks notice will be given of any changes made to the policy. Trade unions and health and safety representatives will be consulted in good time about any proposed changes.


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FAQ
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My workplace has designated or segregated areas for smoking. Is this not enough?

No, the proposed legislation requires that virtually all workplaces and enclosed public places must be completely smokefree, unless an exemption applies under the legislation. This is because only a complete ban on smoking in enclosed areas will reduce exposure to secondhand smoke. The provision of smoking rooms inside workplaces covered by legislation will no longer be allowed. By adopting a policy to go smokefree early you will protect employees, customers and visitors from the dangers of secondhand smoke, a known health hazard.

My premises are well-ventilated. Does that not provide protection from passive smoking?

No. Tobacco smoke is a potent cocktail of over 4,000 chemicals, including more than 50 known to cause cancer such as benzene and arsenic. The tobacco industry claims that ventilation removes secondhand smoke but all it does is improve the quality of the air and dilute rather than remove pollutants. Ventilation may remove the smell of smoke but not the dangers; there is no safe level of secondhand smoke.

What should I do about smokers and cigarette breaks?

Studies of other countries that have already introduced smokefree legislation have found that restrictions at work will increase the incentive for regular smokers to stop smoking. This has many benefits including reduced sick leave, less early retirement on health grounds and of course less staff time spent on smoking breaks.

Some smokers may not want to stop smoking. Smoking breaks may lead to productivity loss. The Chief Medical Officer, Sir Liam Donaldson commissioned an economic analysis to assess the costs and benefits of England going smokefree and found that production losses due to smoking breaks cost £430 million a year.

Employers and staff should discuss and negotiate sensible arrangements for staff who want to smoke and will need to go outside to do so. These will vary from employer to employer – what works in an office may not work on a production line.

What about the litter outside my building?

Contact the Keep Britain Tidy Scheme or your local Council about advice on bins to collect the cigarette ends and other smoking litter outside your business. Avoid putting them near entrances and exits as they will encourage smokers to congregate at these points. Littering – including dropping cigarette butts - can be an offence, with Councils fining people up to £75

What help is there to stop smoking?

More than 70% of smokers would like to stop smoking. Often when a smokefree policy is implemented, many decide to use this as a way to quit. Smokers who seek professional help and use effective therapies such as nicotine replacement therapies (NRT) double their chance of success. The NHS now offers excellent quit services for smokers wanting to give up 0800 1690169.

When organisations introduce smokefree workplace policies it is important to offer help to smokers who wish to stop. This demonstrates a firm commitment to promoting employees' health and well being and reinforces the reasons for restricting smoking in the workplace. We have provided information on how to stop smoking and a list of organisations that can help, here.

Will I have to build expensive shelters for smokers?

No, you can decide to make your workplace and, at your discretion, the outside of your workplace entirely smokefree. Smoking breaks and when employees can take them are something that needs to be discussed by your organisation at implementation stage. Any outdoor smoking shelter will need to conform to the new law, regulations under the Health Act are likely to mean that any structure which is “substantially enclosed” (with all openings amounting to less than half the total wall area) will have to be non-smoking.

Will I need to employ a consultant to help with a smokefree workplace policy?

No, you can find plenty of advice and help for free on how to make your workplace smokefree on this website. You can also contact your Local Authority or Primary Care Trust about how to go smokefree. Another good organisation to contact is the National Clean Air Awards, which was set up to help workplaces go smokefree.

How much will it cost me to implement?

Lots of advice is free, there is no charge to use the policies in this guide. There may be a small cost from putting up signs to conform with the new law, and some management and staff time spent in discussing how no-smoking policies should work in practice. But the cost of going smokefree is relatively small in comparison to the savings made from being smokefree.

What happens if we decide NOT to go smokefree early?

Health and safety will apply both before and after the smokefree provisions of the Health Act come into force. Employers have a duty not to expose their workers to avoidable risks in the workplace and there is no excuse for any employer not to know the health risks that come from breathing in other people’s smoke. The Government has brought in legislation to make virtually all workplaces and enclosed public places smokefree because it recognises the risk of second hand smoke to non smokers, and the scientific evidence has been well publicised. If workers are made ill from smoke in the workplace, they may well have a case against their employer for damages. Going smokefree early will ensure your employees and your business are protected.

What about smoking in the home?

If secondhand smoke is so bad for your health then why not ban it in the home as well as the workplace?

Under the Health Act, private homes and places that people consider their home will be exempt from smokefree legislation. The Government will implement smokefree legislation in line with human rights requirements, including the right to respect for private life. However, secondhand smoke is a health hazard in the home as well as the workplace and smoking around people, especially children, is a serious risk to their health.

Almost half of all children in the UK are exposed to tobacco smoke at home. Secondhand smoke increases the risk of lower respiratory tract infections such as bronchitis, pneumonia and bronchiolitis in children. Secondhand smoke causes a reduction in lung function and increased severity in the symptoms of asthma in children, and is a risk factor for new cases of asthma in children. Secondhand smoke is also associated with middle ear infection in children as well as possible cardiovascular impairment and behavioural problems.

More than 17,000 children under the age of five are admitted to hospital every year because of the effects of secondhand smoke.Secondhand smoke during childhood predisposes children to developing chronic obstructive airway disease and cancer as adults. Secondhand smoke may also affect children’s mental development. A US study found deficits in reading and reasoning skills among children even at low levels of smoke exposure.

Exposure to secondhand smoke during pregnancy is an independent risk factor for low birth weight. One study has also shown that babies exposed to their mother’s tobacco smoke before they are born grow up with reduced lung function. Parental smoking is also a risk factor for sudden infant death syndrome (cot death). 

For more information on secondhand smoke, go to the factsheet section at www.ash.org.uk where you can find, amongst other documents, a briefing on this subject.

Smokefree legislation not only protects workers from the dangers of secondhand smoke but it also acts as an incentive for many smokers to give up. Other countries that have introduced smokefree legislation in the workplace and enclosed public places find that smoking rates in the home reduce too.

If you feel that you would prefer people not to smoke in your home especially in front of your children, we have a guide you can use to explain to visitors why you would prefer your home to be smokefree. The guide also provides advice on how to ask people not to smoke in your car as well.

GASP produced these two documents to help people in implementing smokefree policies:


How To Say No (638k)


How to Say No,
Assertiveness Training (45k)


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