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Health Act 2006 : Policy on Smoking
Approved by Council 3rd April 2009 (minor amendment 8th June 2011)
The Health and Safety at Work Act 1974 places a duty on employers to “provide and maintain a safe working environment which is, so far as is reasonably practical, safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work”.
The Health Act 2006 came into effect in Summer 2007. The new legislation made provision for the prohibition of smoking in certain premises, places and vehicles. The University of Keele has adopted a policy on smoking that is designed to secure a healthy and safe environment for students and staff as well as eliminating passive smoking from its premises in keeping with the Health Act 2006. This is in the context that medical evidence continues to reinforce the link between the inhalation of tobacco smoke, either directly or by passive smoking, and serious illness. The University is committed to providing support to those employees who wish to stop smoking.
Scope
This policy applies to all University staff and students, as well as to visitors, conference delegate, contractors and sub-contractors whilst on University premises.
Smoking is prohibited:
- within all University premises;
- within vehicles owned and operated by the University;
- within leased vehicles used during University business;
No-smoking notices are displayed in all places and vehicles that are smoke free.
The aim of the smoking ban is to protect non-smokers from the harmful effects of passive smoking. Therefore, staff, students and visitors who wish to smoke are asked to take a responsible attitude to ensure that areas are kept litter free and that they do not stand in close proximity to building entrances, doorways, stairs or open windows. The University reserves the right to implement ‘exclusion’ zones in areas where there is a particular problem related to passive smoking.
The Health Act does not apply to privately rented/owned domestic accommodation on campus. There are designated blocks of student accommodation for smoking/non-smoking students.
Policy
The University recognises that it has both a moral and legal duty to ensure, as far as is reasonably practicable, that employees, students and visitors to the University have the right to work, study or visit without being exposed to tobacco smoke.
In order to promote the health and safety of both students and staff, the university will endeavour to ensure that its premises are free from tobacco smoke. This policy came into effect from 1 July 2007.
This policy applies to all established and temporary staff, students, visitors, consultants, agency staff and contractors and is part of the University’s commitment to the health safety and well being of its staff and students.
Implementation
Students and staff are expected to take personal responsibility for observing this policy and should feel able to draw the implications of this to the attention of colleagues, and of visitors to the University. People found smoking tobacco products in prohibited areas are required to give a civil and courteous response when asked to extinguish them.
There will be individuals who will wish to continue to smoke following the implementation of the Health Act 2006 and the introduction of the University’s ‘Policy on Smoking’. Therefore, In addition to normal arrangements, smokers will be allowed to leave their work place in order to smoke. However, it is not expected that smoking sessions will exceed a total of 15 minutes in a working day. Employees taking breaks in order to smoke will make up the working time missed through smoking by extending their hours and/or a reduction in the length of their lunch break (subject to the statutory minimum of a 20 minute break for every six hours worked). It will be the responsibility of the Line Manager to monitor such breaks.
The responsibility for implementation and monitoring of this policy will rest with Deans/Directors through the appropriate Heads of School/Department/Research Institute Directors. Individual managers are required to keep within the spirit and intent of the policy, as far as is possible.
Exclusion Zones around Buildings
Exclusion zones around a building may be recommended for introduction by relevant Deans /Directors as an outcome of discussions with all user groups working within a building. User groups would include the Joint Workplace Safety Committee.
In every case, Deans/Directors must submit the case for an exclusion zone to the Health and Safety Standing Committee for agreement and implementation.
Complaints Procedure
Staff wishing to register a complaint regarding an incident of non-compliance with this Policy should, in the first instance, contact their line manager or their Workplace Safety Adviser. If the complaint is not dealt with to their satisfaction, they should then contact their Head of School/Department/ Director of Research Institute. If, after this, the issue is still not being addressed to their satisfaction staff should contact the Head of the Department of Occupational Health and Safety who will progress the matter through the appropriate levels of University Management.
Non-compliance
Any breach of this policy will constitute a disciplinary offence under the appropriate student/staff disciplinary procedures.
Help to Stop Smoking
The University is committed to providing support to those employees to wish to stop smoking. Individuals can contact the Occupational Health Service on 01782 733733 where they will be provided with advice on a one-to-one basis about the treatment that is available and where to access the treatment. Further information and support for smoking cessation can be found at the National Institute for Health and Clinical Excellence, web address www.nice.org.uk or the NHS Smoking Helpline on 08001690169.
Review
The Head of the Department of Occupational Health and Safety along with the Human Resources Department have the responsibility for initiating and ensuring the maintenance, regular review and updating of this policy.
Any queries on the application or interpretation of this policy must be discussed with the Head of the Department of Occupational Health and Safety or the Human Resources Department prior to any action being taken.
