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GOVERNMENT FM NETWORK

GOVERNMENT FM NETWORK. Health and Safety Workshop Tuesday 11 December 2007 The Smoking Ban Lyn McPherson and Tracey Marsden. IN A NUTSHELL. Why? Protection of the health of employees and the public. What? Anything that can be smoked. When? 1 July 2007 How? The Health Act 2006.

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GOVERNMENT FM NETWORK

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  1. GOVERNMENT FM NETWORK Health and Safety Workshop Tuesday 11 December 2007 The Smoking Ban Lyn McPherson and Tracey Marsden

  2. IN A NUTSHELL • Why? Protection of the health of employees and the public. • What? Anything that can be smoked. • When? 1 July 2007 • How? The Health Act 2006

  3. WHERE WILL SMOKING BE BANNED • Places which are “enclosed” or “substantially” enclosedAND • Open to the publicOR • Used as a place of work by more than one person OR • A vehicle used by the public, or in the course of work by more than one person

  4. SOME EXCEPTIONS • Private homes, unless: • common parts • used as a place of work by one or more people who do not live there • Accommodation for guests/club members • designated hotel rooms (for sleeping) • not dormitories • Designated areas of care homes, hospices and prisons

  5. EXAMPLES • Carer to an individual at home • Gas/electricity workers • Shopping centres and individual shops • People who work in prisons • N.B. General health and safety law where smoking exemptions apply

  6. OBLIGATIONS – SIGNAGE • Display at every entrance • A5 with no-smoking symbol at least 70mm • “No smoking. It is against the law to smoke in these premises” • Smaller signage (70mm in diameter) • employee entrances • premises located in larger smoke-free premises • Vehicles • Smaller signage in each compartment

  7. IN PRACTICE • Obligations on managers and those in charge of premises or vehicles • Put up signs • Tell those who use the premises • Policies and training • Remove indoor smoking rooms • Take reasonable steps to stop people smoking

  8. KEEP PREMISES SMOKE-FREE • Person in charge of premises has criminal responsibility - a duty to stop others smoking • Defences • Reasonableness/lack of knowledge • Prosecution must prove beyond reasonable doubt that defence is not made out

  9. ENFORCEMENT • Local councils - unitary or district councils • Fixed penalty notice, but • person served can elect to be heard in Court • Non-payment may lead to referral to court • Obstruction of officers

  10. PENALITIES

  11. CATERING FOR SMOKERS • Refer to stop smoking services provided by NHS • No indoor smoking rooms • Outdoor smoking shelters • location • traffic

  12. SMOKING BAN – EMPLOYMENT ISSUES The Workplace • All workplaces unless they are exempt • What is a workplace? • permanent/temporary • private homes/working from home • working at someone’s private home • working on another’s site • Company vehicles

  13. A CHANGE OF POLICY • Criminal –v- Contractual? • No implied right to smoke • Dryden –v- Greater Glasgow Health Board [1992] IRLR 469 • The right not to be exposed to smoke • Waltons & Morse –v- Dorrington [1997] IRLR 488 • Introduce a no-smoking policy

  14. IMPLEMENTING THE NEW POLICY • Give advanced warning/explain the reasons • Do you allow designated smoking breaks? • Consider whether you can/want to provide smoking areas • Consider whether you want to encourage/provide assistance to quit - Occupational Health Service • Should you allow paid time off to quit? • Identify someone who will have responsibility for implementing the policy • Consider what the implications of a breach of the law/policy will be

  15. The Policy • Outline legal requirements • Identify any additional company rules • Link to disciplinary sanction • Include details of any available assistance • Identify those responsible for the policy • Provide a copy of all employees • Make compliance with the rules a contractual obligation on employees • Amend/update other policies (e.g.. disciplinary policy) Training • To supplement and advertise the policy • To encourage quitting

  16. FAILURE TO IMPLEMENT THE LEGISLATION • Criminal sanctions on the Company and Managers • Grievances • Constructive dismissal • Personal injury claims • Claims of discrimination • pregnant workers • disabled employees • Whistle blowing • Attendance and Productivity

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