Smoking Policies for Workplaces - A Simple Guide

the law

The Scottish Parliament has agreed that smoking in public places should be banned to protect people from the health risks of passive smoking. MSPs voted to approve the Smoking, Health and Social Care (Scotland) Act 2005, which creates smoke-free environments in offices, pubs, restaurants and other workplaces from 26 March 2006.

The law requires enclosed public places, including workplaces, to be smoke-free. That means you, your staff, customers and visitors will not be allowed to smoke in the enclosed areas of your premises.

In addition, within the workplace employers have a duty, under section 2 (1) of the Health and Safety at Work Act 1974, to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees.

health risks

Passive smoking means breathing in other people's tobacco smoke. The health risks of exposure to second-hand smoke or 'environmental tobacco smoke' (ETS), as it is also known, are clear.

The Scientific Committee on Tobacco and Health concludes that:

• Exposure to second-hand smoke is a cause of lung cancer and, in those with long-term exposure, the increased risk is 20-30%
• Exposure to second-hand smoke is a cause of heart disease, and represents a substantial public health hazard
• Exposure to second-hand smoke can cause asthma in children, and may increase the severity of the condition in children already affected.

why have a written policy?

To communicate the new law and all of its implications, it is recommended that organisations develop and implement a written smoke-free policy. This policy should:

• Be concise and simple to understand
• Acknowledge the right of employees to work in a smoke-free environment
• Identify the members of management and staff who have responsibility for its implementation
• State the procedures to be followed in the event of non-compliance
• Provide information on how to obtain help to quit smoking
• Be communicated to all staff.

developing a policy

Step 1 - A positive approach

The approach adopted by an employer in developing a policy will determine its success. It is essential that a smoke-free workplace is promoted in terms of the positive benefits. Going smoke-free equals cleaner air and better health for staff, customers and the general public, and supports smokers who want to quit.

The workplace is an ideal environment in which to encourage smokers to quit. As employees spend so much time at work, a supportive smoke-free workplace can provide the incentive that they need to succeed in quitting. While offering support to smokers may have resource implications, it is a very worthwhile exercise. Benefits may include:

• Improved sense of health and well-being for both smokers and non-smokers
• Reduced absenteeism due to ill health
• Increased productivity - no hidden smoke breaks
• Reduction in fire risks
• Reduction in cleaning/re-decorating costs.

Step 2 - Co-ordination of policy development and consultation

Staff consultation should take place whatever the size of the workplace or organisation. In small workplaces only one or two persons may need to have the responsibility for co-ordinating the process towards creating a smoke-free policy. In a larger organisation a working group should be set up. The working group should represent all levels of the organisation, and it should have the support of senior management. It may be beneficial to include smokers, non-smokers and ex-smokers. The size of the working group will be dependent on the size of the organisation.

Step 3 - Consult employees

In preparing a written policy to reflect a smoke-free workplace, it is advisable to present a draft version of a new or revised policy to management, trade union representatives and key personnel. Following discussion and approval from management and senior personnel, the draft policy should be communicated to all employees for consideration.

The work environment may change as a result of the policy and this may raise issues and concerns for employees, management and especially for smokers. Consideration may have to be given to some of the following issues, all of which will be at the discretion of the employer:

• Will an outdoor area for smokers be provided, and if so, does it comply with the law?
• Where would this be located?
• Will it put others at risk?
• Will this create difficulties with time away from work?
• Will it encourage unofficial breaks?
• Will smokers need support?
• What support could the organisation provide?

Step 3 - Collect feedback and revise the policy

Collect feedback on the draft policy. There may be a need to revisit some issues and to consider re-stating:

• The legislation
• The effects of second-hand smoke
• Clarification on compliance
• Reassurance and support for smokers.

Step 4 - Inform

All employees should have an opportunity to understand in advance the rationale of the smoke-free policy and what it will mean for them in practice. Circulate information through all possible media available to the organisation - newsletter, email, intranet, notice boards, staff memos, pay slips, staff meetings etc. Short seminars can be a very powerful way to deal with any issues or concerns. It is important to ensure that all staff is clear on the policy, its implementation, timescale and compliance.

Step 5 - Implement the policy

Give employees proper notice of the revised policy and when it will be introduced. The minimum period of notice is usually 12 weeks, or the period of notice stipulated in the employment contract. However legal requirements must take precedence e.g.: when the Smoking, Health and Social Care (Scotland) Act 2005 becomes law, notice would not be required, re the provisions of the Act.

Step 6 -Review the policy

Establish a system for monitoring and review. This could include a physical inspection of the work-site, an audit of awareness of the policy among employees, compliance levels and enforcement feedback from managers.

Depending on the findings of the review, the policy may need to be re-stated to staff.

additional support

The Scottish Centre for Healthy Working Lives can help you develop a policy. You can contact the national helpline on 0800 019 2211 or log onto the website at

www.healthyworkinglives.com

The Scottish Executive has also developed a useful website to assist organisations to comply with the smoke-free law

www.clearingtheairscotland.com

The national Smokeline can support those who want to stop smoking and advise on local support: Smokeline 0800 848484