HSPOL12 Staff - No Smoking at Work Policy V7 by Provide Community

Staff No Smoking Policy

Version: V7

Ratified by: Finance and Investment Committee (FIC)

Date ratified: 25/05/2022

Job Title of author:

Health, Safety, Fire and Security Manager –Estates and Facilities

Reviewed by Committee or Expert Group Property Health and Steering Group

Equality Impact Assessed by:

1. Introduction

Department of Health statistics show that in the United Kingdom smoking tobacco is the single largest preventable cause of death and the government has taken active measures to decrease smoking behaviour by reducing the number of public areas in which smoking is permitted.

Smoke-free legislation was introduced in England in 2007, banning smoking in nearly all enclosed workplaces and public spaces and following similar bans in Scotland and Wales.

The law on smoking in the workplace is very clear and also allows for discretionary rules to be applied by employers. Businesses can be fined up to £2,500 if they do not stop people smoking in the workplace or up to £1,000 if they do not display ‘No Smoking’ signs.

The HSE’s advice on protecting employees is that:

• employers should have a specific policy on smoking in the workplace;

• smoking policy should give priority to the needs of non-smokers who do not wish to breathe tobacco smoke; and,

• employers should consult their employees and their representatives on the appropriate smoking policy to suit their particular workplace.

Currently e-cigarettes are not regulated like tobacco products and there is no bespoke regulatory system for e-cigarettes in the UK but they are captured by general product safety regulatory requirements. HSE’s advice is that an employer needs to consider ecigarettes in the wider context of risk in the workplace.

Provide has a zero tolerance of smoking - including e-cigarettes - by staff in or on premises occupied by Provide, which also includes any work vehicle or pool car. Staff should also be encouraged to refrain from smoking in their own vehicle whilst travelling to work or during working time or in between patient visits if working in the community.

2. Purpose

The purpose of this policy is to ensure that all Provide staff, contractors, visitors and service users are able to freely access any site occupied by Provide and be safeguarded as far as possible from the effects of second-hand smoking.

Under the Health and Safety at Work Act 1974 employers have a duty to ‘ensure, as far as reasonably practicable, the health, safety and welfare of all staff’. It is becoming increasingly clear that this duty includes protection from tobacco smoke. This No Smoking Policy seeks to guarantee non-smokers the right to work in air free of tobacco smoke, whilst taking account of the needs of those who smoke and safeguarding Provide’s reputation as an organisation that promotes health and well-being.

3. Definitions

Second-hand smoking – the inhalation of smoke from other people’s cigarettes/cigars/pipes.

4. Duties

The Group Chief Executive has overall accountability for ensuring that the organisation complies with the no smoking policy.

All Managers and Team Leaders are responsible for:

• Ensuring that smoking or vaping does not take place in areas for which they have responsibility. All staff breaches of the smoking policy must be reported through the Datix process.

• Explaining to staff the disciplinary consequences of smoking or vaping in or on Provide premises, how to deal with breaches of this policy and how to make complaints.

• Ensuring that all new staff are made aware of the no smoking policy of the organisation and that all new staff are fully briefed.

• Providing support and encouragement for those staff who wish to stop smoking by signposting them to the Essex Lifestyle Service or advising them to contact their Workplace Health Champion.

All staff are responsible for:

• Taking reasonable care of their health and safety and that of others who may be affected by their acts or omissions.

• Complying with this policy.

The Essex Lifestyle Service is responsible for:

• Supporting all smokers who wish to stop smoking or need help and advice on how to comply with this policy.

The organisations recognises that some staff will find it difficult to stop smoking at work and will do all they can to support staff in their efforts.

5. Consultation and Communication

Any premises where Provide staff are deployed, are also areas covered by this prohibition. There is a duty to display no-smoking signs in smoke-free premises and in smoke-free vehicles.

This policy also applies to staff who use vaping (e-cigarette) as an alternative to smoking.

6. Monitoring

All staff are required to comply with the policy at all times. In cases where, following guidance and advice, staff do not comply with the policy, normal disciplinary procedures will apply

7. Staff who smoke

It should be noted that this policy is not about whether anyone smokes but where they smoke and the effect this may have on non-smoking colleagues. There is no right to smoking breaks and if staff feel the need to smoke it should be within normal break periods, off site and in consultation and agreement with their line manager.

Staff will not be permitted to smoke in any site when Provide service operate inside or outside whilst on or off duty. Staff found smoking may be subject to the Provide disciplinary procedure.

Staff who wear a uniform identifying them as a Provide employee will be prohibited from smoking whilst in uniform, irrespective of whether they are on duty or not. This will also apply to other staff that can be identified as a Provide employee by virtue of their name badge.

Every encouragement will be given to staff who wish to give up smoking.

EQUALITY IMPACT ASSESSMENT

TEMPLATE: Stage 1: ‘Screening’

Name of project/policy/strategy (hereafter referred to as “initiative”):

No Smoking at Work Policy

Provide a brief summary (bullet points) of the aims of the initiative and main activities:

- Requirements of the organisation in relation to no smoking

- Requirements of individual staff members in relation to no smoking

- Support available to staff to implement

Project/Policy Manager: Health, Safety, Fire and Security Manager Date: May 2022

This stage establishes whether a proposed initiative will have an impact from an equality perspective on any particular group of people or community – i.e. on the grounds of race (incl. religion/faith), gender (incl. sexual orientation), age, disability, or whether it is “equality neutral” (i.e. have no effect either positive or negative). In the case of gender, consider whether men and women are affected differently.

Q1. Who will benefit from this initiative? Is there likely to be a positive impact on specific groups/communities (whether or not they are the intended beneficiaries), and if so, how? Or is it clear at this stage that it will be equality “neutral”? i.e. will have no particular effect on any group.

Neutral

Q2. Is there likely to be an adverse impact on one or more minority/under-represented or community groups as a result of this initiative? If so, who may be affected and why? Or is it clear at this stage that it will be equality “neutral”?

Neutral

Q3. Is the impact of the initiative – whether positive or negative - significant enough to warrant a more detailed assessment (Stage 2 – see guidance)? If not, will there be monitoring and review to assess the impact over a period time? Briefly (bullet points) give reasons for your answer and any steps you are taking to addressparticular issues, including any consultation with staff or external groups/agencies.

Neutral

Guidelines: Things to consider

Equality impact assessments at Provide take account of relevant equality legislation and include age, (i.e. young and old,); race and ethnicity, gender, disability, religion and faith, and sexual orientation.

The initiative may have a positive, negative or neutral impact, i.e. have no particular effect on the group/community.

Where a negative (i.e. adverse) impact is identified, it may be appropriate to make a more detailed EIA (see Stage 2), or, as important, take early action to redress this – e.g. by abandoning or modifying the initiative. NB: If the initiative contravenes equality legislation, it must be abandoned or modified.

Where an initiative has a positive impact on groups/community relations, the EIA should make this explicit, to enable the outcomes to be monitored over its lifespan.

Where there is a positive impact on particular groups does this mean there could be an adverse impact on others, and if so can this be justified? - e.g. are there other existing or planned initiatives which redress this?

It may not be possible to provide detailed answers to some of these questions at the start of the initiative. The EIA may identify a lack of relevant data, and that data-gathering is a specific action required to inform the initiative as it develops, and also to form part of a continuing evaluation and review process.

It is envisaged that it will be relatively rare for full impact assessments to be carried out at Provide. Usually, where there are particular problems identified in the screening stage, it is envisaged that the approach will be amended at this stage, and/or setting up a monitoring/evaluation system to review a policy’s impact over time.

EQUALITY IMPACT ASSESSMENT TEMPLATE: Stage 2:

(To be used where the ‘screening phase has identified a substantial problem/concern)

This stage examines the initiative in more detail in order to obtain further information where required about its potential adverse or positive impact from an equality perspective. It will help inform whether any action needs to be taken and may form part of a continuing assessment framework as the initiative develops.

Q1. What data/information is there on the target beneficiary groups/communities? Are any of these groups under- or over-represented? Do they have access to the same resources? What are your sources of data and are there any gaps?

N/A

Q2. Is there a potential for this initiative to have a positive impact, such as tackling discrimination, promoting equality of opportunity and good community relations? If yes, how? Which are the main groups it will have an impact on?

N/A

Q3. Will the initiative have an adverse impact on any particular group or community/community relations? If yes, in what way? Will the impact be different for different groups – e.g. men and women?

N/A

Q4. Has there been consultation/is consultation planned with stakeholders/ beneficiaries/ staff who will be affected by the initiative? Summarise (bullet points) any important issues arising from the consultation.

N/A

Q5. Given your answers to the previous questions, how will your plans be revised to reduce/eliminate negative impact or enhance positive impact? Are there specific factors which need to be taken into account?

N/A

Q6. How will the initiative continue to be monitored and evaluated, including its impact on particular groups/ improving community relations? Where appropriate, identify any additional data that will be required.

N/A

Guidelines: Things to consider

An initiative may have a positive impact on some sectors of the community but leave others excluded or feeling they are excluded. Consideration should be given to how this can be tackled or minimised. It is important to ensure that relevant groups/communities are identified who should be consulted. This may require taking positive action to engage with those groups who are traditionally less likely to respond to consultations, and could form a specific part of the initiative. The consultation process should form a meaningful part of the initiative as it develops, and help inform any future action.

If the EIA shows an adverse impact, is this because it contravenes any equality legislation? If so, the initiative must be modified or abandoned. There may be another way to meet the objective(s) of the initiative.

Further information:

Useful Websites www.equalityhumanrights.com Website for new Equality agency www.employers-forum.co.uk – Employers forum on disability www.disabilitynow.org.uk – online disability related newspaper www.womenandequalityunit.gov.uk – Gender issues in more depth www.opportunitynow.org.uk - Employer member organisation (gender) www.efa.org.uk – Employers forum on age www.agepositive.gov.uk – Age issues in more depth