Smoke Free Procedure

Smoke Free Procedure

Not Protectively Marked

PROCEDURE TITLE: / Smoke Free Procedure
PROCEDURE REFERENCE NO: / 2008.08

Effective (Start) Date

/ 2009

Last Review Date:

/ June 2016

Next Review Date Due:

/ June 2019

This Procedure is suitable for publication under the Freedom of InformationAct

/ Yes

Business Area/Department

/ People and Professional Standards Department

Policy Contact/Author:

/ Joanne Jones

Business Lead Approver:

/ Nicola Bailey

Chief Officer Approval: (If appropriate see section 10)

CONTENTS

Supporting Documents………………………………………………..2

Introduction………………………………………………………3

Guidance ...……………………………………………………….3

Responsibilities……………………………………………………5

Appeals…………………………………………………………….6

Human Rights………………………………………………………6

Freedom of Information………………………………………….6

Equality Impact Assessment……………………………………..7

Health and Safety………………………………………………....7

Review/Approval…………………………………………..……….7

Supporting Documents:

APP Guidance:

1Introduction

This procedure establishes Cheshire Constabulary is a ‘Smoke Free’ Workplace.

1.2This procedure ensures that smoking will not be permitted on any Cheshire Constabulary premises and in any building or vehicle.

1.3This procedure applies to all employees, consultants, contractors, customers and visitors.

1.4Public reception areas and entrances will display signs informing all employees, the public, visitors and detainees that Cheshire Constabulary operates a smoke free environment.

2Guidance

Cheshire Constabulary is committed to supporting national initiatives aimed at improving the health of the nation and is working towards a situation where no employees smoke at work.

This procedure supersedes the existing ‘No Smoking Policy’ and Policy Order 25/96 (Safety in Custody) and is effective from 1st July 2007.

This procedure seeks to:

  • Guarantee a healthy working environment and protect the current and future health of employees and members of the public
  • Guarantee the right of everyone to breathe in air free from tobacco smoke
  • Comply with Health and Safety Legislation and Employment Law
  • Raise awareness of the dangers associated with exposure to tobacco smoke
  • Take account of the needs of those who choose to smoke and to support those who wish to stop

2.1This procedure has been developed to protect all employees, service users, customers and visitors from exposure to second-hand smoke and to assist compliance with the Health Act 2006.

2.2This procedure is not concerned with whether anyone smokes but with where they smoke and the effect this has on staff and other members of the public.

2.3Cheshire Constabulary recognises that those smokers who wish to give up may experience difficulty, so the procedure contains reassurance that there will be support available. (see 3.15)

Definitions

2.4For the purposes of this procedure, the following terms and definitions apply:

  • ‘employee’ includes police officers, police staff, full-time, part-time, temporary, casual and permanent employees. Its also includes modern apprentices, agency workers, volunteers and work-experience pupils/students on placement and any employees of other organisations whilst working on Constabulary premises, buildings and vehicles.
  • ‘Visitors’ includes anyone not defined as an employee.
  • ‘Buildings’ includes all buildings owned, managed or leased by Cheshire Constabulary. It also includes temporary buildings such as porta-cabins, huts, sheds and other structures which are owned or managed by the Constabulary.
  • ‘Premises’ includes the buildings and surrounding grounds, such as car parks, yards, pathways.
  • ‘Vehicles’ refers to any Constabulary vehicle, including lease vehicles. It also applies to individual’s or lease vehicles whilst parked in the car parks of Constabulary premises.
  • ‘At work’ refers to employees engaged on Cheshire Constabulary business during duty/working hours.
  • ‘Smoker’ refers to a person who smokes tobacco in any form during duty/work hours, this also includes E-Cigarettes.

For Line Managers

2.5In cases where there has been an initial breach of this procedure, the following steps should be taken:-

  • Informal discussions should be held with the employee and a record of the discussion kept. Support by the Line Manager should be provided as appropriate. The Line Manager should ensure the employee concerned understands the procedure and offer assistance through Health & Safety and Occupational Health if required. Managers should advise employees of the procedure and of the support available. Managers should explain the need for compliance and discuss ways that the employee can comply. Managers should explain that further non-compliance could lead to disciplinary action.

2.6If breaches of the procedure occur, managers should discuss the reasons why with the employee, what actions have been tried in order to comply with the procedure, and what other actions could be taken or what further support the manager could offer to the employee. Managers are encouraged to treat each case on an individual basis, to take advice from the People and Professional Standards Department and give the employee every reasonable chance to comply with the procedure.

2.7In cases of persistent breaches of the procedure with a lack of intention to comply, managers will need to invoke the appropriate procedure.

2.8Non-compliance will be dealt with through the application of the Misconduct Regulation for Police Officers and the Managing Performance Procedure for Police Staff

2.9Persistent breaches of the procedure by employees may lead to disciplinary action and persistent breaches by non-employees may lead to other sanctions such as exclusion. Under health and safety law, both employees and non-employees have a legal duty to comply with the procedure[1].

2.10Managers who smoke are expected to lead by example, and comply fully with the procedure.

2.11For employees who want to stop smoking the following support will be in place to help them:

  • Free Smoking Cessation Sessions run by local Primary Care Trusts;
  • Regular Corporate Health Initiatives, including annual National No Smoking Day;
  • Referrals to Occupational Health;
  • Information on other support networks and useful links available to employees via Health and Safety and the Intranet

3Responsibilities

Individuals

3.1 Smoking (including E-Cigarettes) will be prohibited throughout the entire workplace, including buildings, premises and constabulary vehicles.

3.2Smoking by drivers in private vehicles (being used for Constabulary business) during work time is outside the scope of this policy, but if non-smoking passengers are being carried then the vehicle shall be deemed to be smoke free. This is to avoid situations where non-smokers may feel obliged to consent to smoking within the vehicle to avoid embarrassment or conflict.

3.3Smoking is restricted to lunch breaks only, or the main refreshment break (Police Officers).

3.4Employees will not be permitted to take additional ‘smoke breaks’.

3.5Individuals are requested to carefully dispose of cigarette butts and are reminded that it is a criminal offence to drop litter in a public place.

Line Managers

3.6The Constabulary wishes to support smokers, and it is essential that managers treat this issue sensitively and with empathy by adopting a sympathetic approach.

3.7The spirit of the Smoke Free Procedure is one of co-operation and support rather than confrontation. However, the responsibility for ensuring that employees comply with the procedure rests with line management. Employees refusing to comply with the procedure will be subject to Police Officer Misconduct Procedure and Police Staff Managing Performance Procedure.

Local Policing Unit’s and Departments

3.8All LPU’s and Departments will ensure that appropriate organisational literature reflects the Smoke Free Workplace and that appropriate signage is in place.

3.9LPU’s and Departments must ensure that the Smoke Free Procedure is clearly explained to colleagues as part of the Induction process, and provided with a copy of this procedure. All recruitment advertisements for permanent, temporary or volunteer staff will also include reference to this procedure.

Ensuring public compliance

3.10All visitors must follow this procedure and where appropriate, reception staff or staff responsible for them being on site, will need to make them aware of the procedure.

3.11Anyone in breach of the procedure should be reminded of it by employees who notice the breach. Managers should advise employees to treat the breach in the usual manner, asking the person to extinguish their tobacco product / E-Cigarette. If the person still refuses to comply, employees should ask the person to leave the site or premises as they are in breach of Constabulary procedure.

4Appeals

4.1This procedure may not be appealed against. However any disciplinary procedures may be appealed against in line with the relevant disciplinary process.

5Human Rights

5.1The Human Rights Act 1998 incorporates the Articles contained in the European Convention on Human Rights (ECHR) into domestic law, making it unlawful for public bodies to act in a way which is incompatible with the Convention.

5.2I confirm that this document has been drafted to comply with the principles of the Human Rights Act1998.

6Freedom of Information

Public disclosure for this policy document is determined by the Force FOI Officer in agreement with the owner.

FREEDOM OF INFORMATION REVIEW
Fully Disclosable: I confirm this procedure is fully disclosable to members of the public via the Force website. / Yes
Part Disclosable :I can confirm that this procedure is disclosable in part only.
The sections listed are NOT suitable for disclosure.
Please seek approval from the Force FOI Officer (Sarah Davies): / Yes
Section:
FOI Review Completed by: Nathan Shoebridge
Date:01.03.2017

7Equality Impact Assessment

7.1This procedure has been reviewed and drafted against all protected characteristics in accordance with the Public Sector Equality Duty embodied in the Equality Act 2010. This procedure has therefore been Equality Impact Assessed to ensure ‘due regard’ in respect of the need to:

7.2(i) Eliminate discrimination, harassment, and victimisation

7.3(ii) Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it

Protected characteristics are: age, disability gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation.

7.4(iii) Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

8Health and Safety

8.1I confirm that this document has been drafted to comply with the requirements as detailed in the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999, including amongst others the general duties to:

8.2(i) Secure the health safety and welfare of persons at work

8.3(ii) Protect persons other than persons at work against risks to health and safety arising out of or in connection with the activities at work.

9Review/Approval

9.1This procedure will be reviewed every 3 years, this date will be superseded if necessary to consider:

  • Its effectiveness in the business area concerned
  • Any changes to legislation
  • Challenges to the procedure
  • Any identified inefficiencies in relation to implementation
  • Impact on diversity and equality

9.2The policy business owner maintains outright ownership of the policy and any other associated documents and in-turn delegate responsibility to the department/unit responsible for its continued monitoring.

9.3The policy should be considered a ‘living document’ and subject to regular review to reflect upon any Force, Home Office/ACPO, legislative changes, good practice (learning the lessons) both locally and nationally, etc.

The approval requirement of this procedure is defined as laid out in the Cheshire Force Approval Matrix.

If consultation is required the attached guide defines the personnel whom should be included as part of any consultation

Version Not Protectively Marked1

[1]Health and Safety at Work Act 1974 ss 7 & 8