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Kathleen Quinlan. Director of Communications Office of Tobacco Control Ireland. Going Smoke-free: The Irish Experience. Kathleen Quinlan Director of Communications and Education. What is the smoke free workplace legislation?. Public Health (Tobacco) Acts – S47 as amended by S16
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Kathleen Quinlan Director of Communications Office of Tobacco Control Ireland
Going Smoke-free:The Irish Experience Kathleen Quinlan Director of Communications and Education
What is the smoke free workplace legislation? Public Health (Tobacco) Acts – S47 as amended by S16 • 29 March 2004 • Offence for a person to smoke in a specified place which includes a place of work • Owner, manager or other person in charge each guilty of an offence where there is a contravention of law • Maximum fine €3,000 (£2,000 Stg.) • Defence if a person can show they made all reasonable efforts to ensure compliance • Limited exemptions (based on “private dwelling” and outdoor areas) but duty of care and general health and safety obligations still apply • Section 46 provides for mandatory signage – name of person in charge, name to whom complaints can be made
Public Information Campaign • Informed public of new law • Rationale • Date of implementation • Lo-call compliance line
Public Awareness and Support • Smoke-free workplace law continues to enjoy widespread public support and high levels of compliance. • Overwhelming public acceptance of the health reasons for the law. • Support strong at outset and grows • 67% support before the law • 89% success – after introduction (independent research June ‘04) • 82% support (Dept. of Health research July ‘04) • Voted no. 1 “high” of 2004– RTE National New Year’s Poll
Overwhelming support • 98% believe workplaces are healthier (inc. 94% of smokers) • 96% think the law is a success (inc. 89% of smokers) • 93% think it is a good idea (inc. 80% of smokers) • 81% thought publicans should comply with the law including 60% of smokers TNS mrbi polls
Enforcement Public Health (Tobacco) Acts 2002 and 2004 • The national inspection programme • Environmental Health Officers of the Health Service Executive are the authorised officers • Inspections carried out under a series of protocols developed by OTC
Compliance/Guidance • Employers / Managers • Licensed Trade “ make all reasonable efforts to ensure compliance”
Compliance very high nationally • 2004 - 35, 957 inspections 94% compliant • 2005 - 35,042 inspections 95% compliant
Vigilance still necessary • Active enforcement a highly effective and necessary tool in tobacco control • Review of case statistics to date shows that where breaches occur EHOs will prosecute once evidence is secured
Success factors • Consistent proactive communication • Public well informed about law & rationale • key message: positive health protection – illness from second-hand smoke in workplace is preventable • Built confidence that law was workable, enforceable and would be implemented • Prepared for counter arguments with evidence based response • Research – scientific, attitudinal, economic…
Success factors • Sustained political leadership/commitment • Cross party support • Partnership • Office of Tobacco Control • Dept. of Health and Children • Health Service Executive • Health and Safety Authority
Success Factors • Broad based, active engagement of civil society (20+ groups) • NGO’s • Irish Cancer Society • Irish Heart Foundation • ASH • Environmental Health Officer Association • Health and medical community • Trade unions “Pro Health Lobby”
Success factors • Comprehensive law with few exemptions • Easier to enforce, applies equally to all premises, obligations understood • Well prepared implementation • Guidance and support materials (OTC, DOHC steering group, etc.) • Partnership approach to compliance building with business owners/managers (EHO’s) • Implementation resources