Smoking Policy

Kirklees Council1 July 2007

______

Smoking policy

Kirklees council recognises that smoking and passive smoking are risks to health. This document outlines the policy of a smoke-free working environment within Kirklees council.

All elected members and employees are required to comply with the policy and members of the public will also be required to comply with this policy and the smokefree law.

Smoking restrictions

Smoking is prohibited in all council buildings, council vehicles and other establishments in the control of the council.

Smoking will not be permitted in any part of any council workplace occupied by council staff and elected members such as offices, depots, front line service points, cash offices, libraries and work vehicles. School governing bodies will also be required to comply with the law in school buildings, and any enclosed or substantially enclosed places. They should be encouraged to adapt a smoke free policy for school grounds.

Adults and Community Services will have a separate smoking policy for residential care homes and similar premises.

From 1 July 20007 smoking is not allowed in virtually all enclosed or substantially enclosed public places, workplaces and public and work vehicles. There will be a few exemptions from the law. All council premises and work vehicles will require appropriate smokefree signs to be displayed in accordance with the legislation.

The council will no longer provide any amenities which will aid or help employees to smoke. If necessary, Heads of Service may designate smoking areas outside council buildings, which may include the grounds. Due consideration should be taken in terms of the proximity of any such designated smoking area to entrances to buildings and any public accessed areas. Facilities to prevent littering should also be provided for employees’ use and appropriate arrangements made for emptying them.

In order to ensure equity amongst smokers and non smokers, any smoking breaks must be agreed with one’s manager and taken in one’s own time and recorded as such.

Employer’s responsibilities

Kirklees council has a duty to ensure that the health and safety of all its employees is maintained and that their well-being is sustained at the optimum level. It is the responsibility of all managers to make sure that the policy is implemented and that employees are aware of it and work within it.

The employer will ensure that in all areas of recruitment, potential employees will be made fully aware of the smoking policy prior to taking up employment with the council.

Employee’s responsibilities

It is the responsibility of each individual employee to uphold and comply with the smoking policy and the law. Persistently acting in contravention of the policy is a matter which will be dealt with through the disciplinary procedure. This is consistent with other council employee relations strategies. Any individual found to be in breach of smokefree law(s) is liable to a fixed penalty notice and possible prosecution.

Advice and help

The council has a duty to promote good health for all employees. Practical advice and help is freely available through the NHS Stop Smoking Service for those employees who smoke and who may be considering quitting, or who have already quit. They can be contacted on 01484 344285 for Huddersfield or 01924 512079 for North Kirklees. Employees who feel at risk from work-related tobacco smoke exposure are advised to speak to their managers about their concerns. Employee Healthcare can be contacted for advice and support.

The council is committed to providing smokefree workplaces, public places and to comply with the smokefree legislation. We will continue to support employee who wish to quite smoking.

Smoking policy – guidelines for managers

Introduction

This frequently asked questions pack is intended to help managers let their teams know about Kirklees Council’s smoking policy and the new smokefree legislation.

You could do this by:

Team briefings
Individual meetings with team members
Circulating the FAQ pack to team members
Encouraging team to view information on intranet at

Team briefings

All managers have a responsibility to ensure that their own team members are aware of this policy and that smokefree legislation comes into force on 1 July 2007.

As England goes smokefree it is also extremely important to emphasise the help that will be available to people who wish to give up smoking.

Under the new legislation it will be an offence to:

Smoke in a smokefree place – Fixed penalty notice and/or prosecution
Fail to display required no-smoking signs – Fixed penalty notice and/or prosecution
Fail to prevent smoking in a smokefree place – Prosecution

Additionally, under the council’s policy

Any designated smoking areas should be provided with appropriate litter facilities
Smoking (in designated areas) whilst at work is allowed but any breaks must be agreed between the manager and employee and recorded and time make up

Please remember your health and safety responsibilities to your staff when giving guidance about appropriate places where they may smoke, away from council workplaces and buildings.

Further information

For further information about the policy contact Jenny Sharp on 860 5137.

For more information on guidance regarding the smokefree signs go to smokefreeengland.co.uk or ring on 0800 169 1697.

Help for colleagues who wish to quite smoking

If employees want to quit smoking the NHS Stop Smoking Service coordinates free Stop Smoking Group and one to one advice throughout Kirklees. Please contact:

01484 344285 for Huddersfield

01924 512079 for North Kirklees

or visit

Smoking policy – frequently asked questions

Who does the smoking policy apply to?

All council employees, elected members and visitors.

What about schools and partner organisation such as Kirklees Neighbourhood Housing and Kirklees Active Leisure?

They are expected to adopt a similar policy and advertise it amongst their staff

Can I smoke at work?

No. All council workplaces are smokefree. This includes offices, store rooms, toilets, corridors, stairways, kitchens, and similar areas and also the areas around entrances and exits. This also includes all premises open to the public with effect from 1 July 2007.

Can I smoke inside a council vehicle if I am the only occupant?

Can I smoke if I am driving from place to place in works time on works business?

Yes, but only if you are in your own car by yourself.

Can I have a smoke break?

You cannot leave your workplace to smoke without agreeing it with your manager first unless it is in your own time such as your lunch break.

Can I smoke when walking from place to place on works business?

Can I smoke if I work outside such as on grounds maintenance?

Yes, as long as you don’t stop work to smoke and your work colleagues are not near you and you ensure that you do not contravene the new littering law which could result in a £25 fine.

What if my job is seeing people in their own homes where they smoke?

A.Any appointment card or information leaflet detailing your visit should have told the resident about the smoking policy. The council has no control over people smoking in their own homes. If the resident is smoking when you arrive, you may wish to ask them politely to put it out. Please tell your line manager as soon as possible if you have to do this.

Q.What if it is absolutely necessary fro me to go to a property where people are smoking?

A.There will be times when vulnerable clients need your help and their needs override this policy. Please tell your line manager as soon as possible if this happens to you.

Q.I spend a lot of time working on the district or in my ward. Can I smoke?

A.It’s a matter for you but you must not stop work to smoke or smoke within the vicinity of others.

I work in a residential care home. Does the policy apply to me?

A.Your workplace is another person’s permanent home this raises different issues. Adults and Communities Service will implement a smoking policy for residential care homes and similar premises.

Q.I work for Adults and Communities but not in a residential care home. Does this policy apply to me?

A.Yes

Q.What if I disobey the policy?

A.Disciplinary action may be taken against you. Elected members will be referred to the Standards Committee.

Q.Where do I need to display smokefree signs?

A.You will need to display signs at every entrance to smokefree premises and in each compartment of any vehicle in which people can be carried. Further information regarding the specific requirements for the signs can be found at smokefreeengland.co.uk or from the Smokefree England information line on 0800 169 1697.

Q.Why has the council banned smoking?

A.Everyone has the right to a smokefree environment. The council is also committed to tackling health inequalities and reducing risks to staff. It also becomes law on 1 July 2007 that virtually all enclosed and substantially enclosed workplaces and public places are smokefree.

Q.Can I get help to quit smoking?

A.Yes. If you want to quit smoking the NHS Stop Smoking Service coordinates free Stop Smoking Groups and one to one advice throughout Kirklees. Please contact:

01484 344285 for Huddersfield

01924 512079 for North Kirklees

or visit

Q.I have been told that I can only take a maximum of four smoking breaks per day. Is this correct?

No, you can take a reasonable number of breaks as agreed with your manager. These must be clearly recorded and you must of course make the time up.

When I am on a training course there are usually ‘coffee and tea breaks’. Can I take part of these for a smoke break without recording the time spent?

Yes, but make sure you rejoin the course on time. Remember any smoking should be in an external designated smoking area.

I work in an area where I am on fixed hours and I am entitled to a 15 minute break in a morning and the same again in the afternoon. Can I have a cigarette during this time?

Yes, but just make sure that you have agreed this with your manager and that you are back at work on time. Remember any smoking should be in an external designated

As a manager, what should I do if an employee asks for time off to smoke?

Heads of Service will ensure that managers treat employees’ requests for breaks during works time fairly, consistently and sensibly, depending on local service pressures and demands.

Do you have an example of a local agreement to record smoking breaks?

The following wording might be appropriate, with the employee’s response in blue:

I confirm the arrangement that you will take a smoke break between (insert details of times agreed)Please record these breaks.

In confirm that I will adhere to the times indicated and I will record these breaks.

How should these smoking breaks be recorded?

Any method is OK – as long as it’s been agreed with your manager. The important is that it must be robust, simple and auditable. Don’t forget that breaches of the individual employee’s agreement could lead to disciplinary action.

Where will smokers have to go for a smoke? Is smoking in office grounds OK or do you have to be certain distance away from the building before you can smoke?

Heads of Service must decide what constitutes the ‘vicinity’ of the building, including entrances and exits. There cannot be a general rule as the circumstances for each building will vary. The manager should determine what is a reasonable distance when deciding the proximity of the smoking area to building entrances

I run an out of hours service with a small number of smokers. I presume that each area will be able to take a ‘common sense’ interpretation of their individual/unusual situation while confirming and complying with the policy and the law?

A.It is not an option not to comply with council policy and the law. All buildings, workplaces, including the vicinity of entrances and exits etc and work vehicles are smokefree. Heads of Service should define a reasonable area around external entrances and exits that will fall within the ‘smokefree zone’.

Q.Is smoking in parked cars allowed?

A.Yes, as long as it’s your own vehicle and you are alone. If it’s a works vehicle, then no.

Q.A lot of our staff are mobile – mobile libraries, deliveries, gardeners etc. How will you police the ‘no smoking in vehicles’ rule?

A.From 1 July all council owned vehicles must be smokefree and smoking in them will be against the law. All vehicles will carry the international no smoking sign. If any employee is found to be tampering or removing the signage in order to smoke in the vehicle they may be subject to a £25 fine.

Q.I visit service users and customers at their home and place of work and I don’t want to be exposed to their smoke.

A.Smoking is not illegal, and you can’t refuse to offer service to someone because they are smoking. However, customers will be asked not to put employees’ health at risk by smoking in their presence. Deliberate abuse of this request – for example, smoking in your face just to antagonise you – should be reported to your manager.

Q.How are you informing customers about this policy?

A.The following statement(s) will appear on all appointment letters, appointment cards and acknowledgement cards across all services

Kirklees Council operates a no smoking policy.

Kirklees Council recognises that both smoking and passive smoking damage health and so has a policy that restricts smoking at work.

Who do I contact for further information?

Jenny Sharp, HR Project Officer at 01484 225137 (860 5137) or at or your Head of Service for corporate queries

Luke Ricketts, Assistant HR Manager at 01484 225215 (8605215) or at for queries regarding schools

Paul Cunningham, Group Manager Residentialat 01484 226117(8606117)or at for queries regarding Adults and Communities, including Residential Homes

G:\Human Resources\Policies\Draft versions\Smoking policy July 07.doc