Smoke-Free Policy All Staff/Students

SMOKE-FREE POLICY – ALL STAFF/STUDENTS

1. Mission

1.1.“Realising student potential and achieving excellence”.

1. Context

This policy is written in the context of the College Corporate Strategy 2015-18.

The context of this policy supports the following:-

2.1.Safeguarding Statement

The College recognises its responsibilities and duties under the Working Together to Safeguard Children 2015 requirements, which defines safeguarding as:

•protecting children from maltreatment;

•preventing impairment of children’s health or development;

•ensuring that children grow up in circumstances consistent with the provision of safe and effective care; and

•taking action to enable all children to have the best outcomes.

The College believes that safeguarding students is our paramount concern and therefore safeguarding issues take priority in relation to any other policies and/or procedures.

The College works in line with the Statement of Government Policy on Adult Safeguarding; Safeguarding Adults Principles to safeguard and prevent abuse of vulnerable adults.

• Empowerment- Presumption of person led decisions and informed consent.
• Prevention- It is better to take action before harm occurs.
• Proportionality- Proportionate and least intrusive response appropriate to the risk presented.
• Protection- Support and representation for those in greatest need.
• Partnership- Local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse.
• Accountability- Accountability and transparency in delivering safeguarding.

2.2.H&S General Statement

Doncaster College recognises its responsibilities and duties under the Health and Safety at Work Act 1974, to provide a healthy and safe working and learning environment so far as is reasonably practicable. This duty extends to cover employees, students, contractors, Visitors and members of the public and covers all its related activities and undertakings.

2.3.Equality & Diversity Statement

Doncaster College strives to promote an ethos and image that positively reflects its commitment to advancing equality of opportunity and celebrating diversity. The College does not tolerate any prejudicial behavior by any member of its community and has a zero-tolerance policy to bullying, harassment and victimization. Every step is taken to eliminate unlawful discrimination and foster good relations among all social groups. The College is committed to ensuring that it does not discriminate either directly or indirectly against individuals on the grounds of age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership.

1. Background & Purpose

As an employer, the College has a particular duty under the Health and Safety at Work Act (1974) to provide and maintain, so far as reasonably practicable, a working environment for its employees which is without risks to health and adequate as regards arrangements for their welfare at work.

Health Act 2006; the Smoke-free Regulations published in 2006 set out legal obligations on employers, namely to ensure that workplaces and enclosed public spaces are smoke-free environments.

Since 1st July 2007, smoking in enclosed or substantially enclosed spaces in workplaces has been banned and all premises and work vehicles are required to display no-smoking signs.

“Enclosed" spaces are defined as have a ceiling or roof and walls (permanent or temporary) or “Substantially enclosed” spaces have part; roof or ceiling and walls.

1. Policy

Doncaster College Policy will comply with the Health & Safety requirements by ensuring that all employees, visitors and students can breathe smoke-free air at work, aiming to protect and improve the health of employees and students and protect them from the dangers to their health from exposure to second hand smoke.

This policy applies to all members of staff regardless of seniority or status (permanent and temporary), all contractors and consultants, agency staff, students and visitors to the College.

There are no exemptions under the regulations which allow “designated smoking areas” hence this policy applies to all internal and external areas of the College (deemed no-smoking areas without exception). This includes toilets, college vehicles, loading bays, utility block andperimeter walls within 9 meters of a window or door, most especially within 9 meters of any entrance or fire exit.

Please note the 9 meter rule also precludes anybody from smoking in the walkway between the East and North/South buildings and, on or near the stone blocks opposite the forestry shop.

Smoking in any of the above areas will lead to disciplinary action being considered.

Those wishing to smoke may do so in between the raised planted garden areas adjacent the canal which is signposted ‘Smoking Area’ and where bins are provided for the disposal of cigarette ends.

Electronic cigarettes

It is acknowledged that some people may wish to make use of electronic cigarettes ("e-cigarettes") in the workplace, particularly as an aid to giving up smoking. E-cigarettes are battery-powered products that release a visible vapour that contains liquid nicotine that is inhaled by the user.

Although they fall outside the scope of smoke-free legislation, Doncaster College prohibits the use of e-cigarettes in the workplace. The rationale for a ban on e-cigarettes is that:

• although they do not produce smoke, e-cigarettes produce a vapour that could provide an annoyance or health risk to others;
• some e-cigarette models can, particularly from a distance, look like real cigarettes, making a smoking ban difficult to police, and creating an impression for visitors/students/staff that it is acceptable to smoke.

Therefore the policy also extends to include a total ban on the use of all forms of electronic cigarettes, including those that do not contain nicotine, within all internal and external areas of the College, which includes toilets, college vehicles, loading bays, utility block and perimeter walls within 9 meters of a window or door.

College Executive Group (CEG)

The CEG is responsible for ensuring that staff, students, visitors and contractors are aware of this policy and for enforcing this policy in their areas of responsibility.

This will be achieved via the existing established communication and induction channels.

Directors/ Heads/Managers/Supervisors – Academic & Support

All Director/Head/Manager/Supervisory levels shall support the CEG by implementing the policy in their area of responsibility.

Employees/Students

All staff and students have a responsibility to observe the terms of the policy. Where an infringement of the policy is noticed, the attention of the individual concerned should be drawn to the College’s smoke-free policy.

1. General Arrangements

All entrances to College buildings shall display a “no smoking” sign, and “no smoking” signs will also be displayed throughout the workplace and in all work vehicles/buses etc.

From a public authority enforcement perspective any employee or student (contractor or visitor) who is found to be smoking in the workplace, in an enclosed public space or within the designated distance of the building(s) perimeter(s) may be subject to a £50 fine; if this fine remains unpaid there could be an additional penalty of up to £200 and a criminal record.

An employer, who fails to take reasonable steps to prevent smoking in and around (internal and external) his /her premises, may be liable upon prosecution to a fine of up to £2500.

A clause concerning the smoke-free policy shall be included in job descriptions, the letter of appointment for every new member of staff and in the College prospectus.

All new staff shall be made aware of the College’s smoke-free policy on induction, and reference made to the policy within the guide and regulations given to new students at enrolment.

Guidance for Employees and Managers

In addition to normal arrangements, smokers will not be given additional break time for a smoke-break. Staff will, however, be able to use their normal break times to smoke outside of the smoke free areas, or agree with their line manager a shorter lunch break in return for limited cigarette breaks.

All breaks will be in accordance with regular rest breaks; the working time directive indicates a statutory minimum of a 20 minute break for a working day longer than 6 hours. Wherever possible, the College will endeavor to operate rest breaks with a minimum of 30 minutes where the working day is longer than 5 hours.

(if additional time is needed please refer to the College flexi-time policy, i.e. “with the line manager’s permission “flexi time” can be taken in a minimum of 30 min blocks”).

All persons referred to within the scope of this policy are required to be familiar with the terms of the policy. Responsibility for ensuring that staff/students observe the policy regarding smoke-free areas shall rest with the appropriate line managers and tutors within the College.

Any queries on the application or interpretation of this policy must be discussed with the appropriate line manager/tutor prior to any action being taken.

1. Help and Advice

The College will not be providing any external areas or shelters for smokers, however the College will provide help, advice and support and where necessary, referral to appropriate agencies to assist staff and students who want to give up smoking.

The College Welfare Services Department will assist those employees and students who wish to stop smoking. Literature to aid smokers to give up smoking will be made available, including NHS literature on smoke cessation courses.Your stop smoking advisor in College is Emily Shaw based at The Hub in N.1.604 - or ext. 8372.

For employees and students who wish to give up smoking, further information can be obtained on-line from:

British Heart Foundation -

NHS Smokefree website -

or call - 03001231014.

1. Breaches of the Policy

Students who do not comply with the terms of the policy may be subject to the student code of conduct and discipline. Employees who do not comply with the terms of this policy may be subject to the College’s disciplinary procedures.

If a visitor or contractor does not comply with the terms of this policy, then the College manager responsible for the visitor or contractor whilst they are on College premises should be notified and, if necessary, the visitor or contractor asked to leave the premises if non-compliance continues.

Any member of staff, who has concerns about any aspect of the implementation of the policy, should follow the informal complaints procedure. If the matter remains unresolved, staff should follow the formal complaints procedure.

Students who have similar concerns should follow the student complaints procedures.

Example: (not to scale)

Originator: Deputy Principal Strategy and ResourcesPage 1 of 6

Approved by Committee: Health & SafetyNext Review Date: Jun 16