New legislation requiring smokefree environments in workplaces and enclosed public places in England comes into effect 1 July 2007. This legislation ensures that workers, and members of the public, are protected from the health risks associated to tobacco smoke and are guaranteed the right to work in a smokefree environment.
Are residential care homes & hospices covered by the legislation?
Yes. It covers the public areas of residential care homes and hospices. This means that sitting rooms, dining areas, reception areas, corridors and all other communal areas which are enclosed places and structures which are 'substantially enclosed' are legally required to be smokefree. In addition work vehicles used by more than one person will also have to be smokefree.
What do 'enclosed' and 'substantially enclosed' mean?
Enclosed: the premises have a ceiling or roof and are wholly enclosed, whether on a permanent or temporary basis, e.g. tents, marquees, conservatories. Substantially enclosed: the structure has a ceiling or roof and there are openings in the walls which are less than half the perimeter of the walls (doors and windows are not classed as "openings"). This is called the '50% rule'. For more detailed information click onto www.smokefreeengland.co.uk.
Can residents smoke in their bedrooms?
Yes if it is the management's policy to allow smoking in bedrooms and if the following conditions are meet:
- The person in charge designates a room as one in which smoking is permitted
- A list of designated rooms is available if requested by an enforcement officer.
- The room is clearly signposted as a room where smoking is permitted
- The room's ventilation system does not link into smoke-free areas of the premises
- If the premises open onto a smokefree public areas, the door can be mechanically closed to prevent smoke drift
Advice from the Fire Service
A fire can happen when you least expect it and more people die in fires caused by fires caused by smoking than any other single cause. By taking a few simple precautions you can protect yourself, your staff residents and business.
- Avoid allowing residents to smoke if they are drowsy, on prescription drugs, or have been drinking.
- Avoid allowing residents to smoke in bed.
- Provide proper ashtrays for those who smoke.
- Make sure each cigarette is stubbed out properly.
- At the end of the day, wet ash and cigarette butts and dispose of them in safe container.
Cigarettes are hotter than you think; they burn at temperatures over 700oC.
What if the owner's policy does not allow smoking in bedrooms?
The management may decide to designate a smoking room. A designated smoking room has to be fully enclosed by solid, floor to ceiling walls and meet the conditions outlined above. There is no legal requirement to provide any smoking facilities.
What about staff who have to go into 'smoking' bedrooms or designated smoking rooms?
The legislation does not cover people providing personal care or domestic work in a person's home or personal accommodation. Since employers have a duty of care to take reasonable precautions to protect the health of their employees, management need to undertake a risk assessment to reduce level of exposure to tobacco smoke that is as far as is reasonably practicable. See The Royal College of Nurses document, Protecting Community Staff from Exposure to Secondhand Smoke, www.rcn.org.uk for suggestions.
What will the legislation mean in practice?
It requires the management to:
- Ensure all enclosed and substantially enclosed premises and work vehicles used by more than one person are smokefree
- Display 'No-smoking' signage at the public entrances to the premises and in work vehicles. Signage will be available free by registering at www.smokefreeengland.co.uk
- Ensure that rooms in which smoking is allowed meet the conditions described overleaf
- Undertake a risk assessment to reduce the risk of tobacco smoke to staff and non-smoking residents
- Take reasonable steps to ensure that staff, visitors and residents are aware that smoking is allowed only in designated rooms
Are employers required to provide smoking breaks or smoking areas?
Employers must give staff an uninterrupted rest break of 20 minutes (paid or unpaid) when their daily working time is more than six hours. Staff can smoke during their unpaid rest period, but must not smoke in an enclosed or substantially enclosed area. If the break is paid it is for the employer to decide if the staff member is able to smoke. There is no requirement in law for an employer to provide any smoking facilities for staff, visitors or customers
What are the penalties for non-compliance?
- Failure to display minimum no smoking signs: up to £1000 or £200 fixed penalty notice
- Smoking in a no-smoking place: up to £200 or a penalty notice of £50
- Failing to prevent smoking in a smokefree place: up to £2500.
Is any support available for people who want to stop smoking?
The NHS offers a wide range of excellent, free and easily accessible support for smokers. Gloucestershire Smoking Advice Service can be contacted on 08454 22 00 40
Can I get help to make my premises smokefree?
Yes - log onto www.smokefreeengland.co.uk or phone the Smokefree England Information Line 0800 169 1697 and register for the latest updates and FREE resources. For local advice, contact your local authority.
Last Updated: 09/07/07
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