Thursday 10 December 2015

SMOKING BAN Implications for Schools and Other Premises where Teachers Work

Introduction

Since 2nd April 2007 in Wales and 1st July 2007 in England, smoking has been banned in all enclosed and ‘substantially enclosed’ public places and workplaces.  This means premises that have a ceiling or walls at least half the way around, including doors and windows.  Smoking rooms are not permitted under the regulations.

The smoke-free provisions of the Health Act 2006 cover not only tobacco in cigarettes, pipes and cigars, but also herbal tobacco.  These are all prohibited when lit, even if the person is not smoking at the time.

The regulations require employers to put up ‘no smoking’ signs or face a fine of £200, or £150 if the penalty is paid within 15 days from when the notice is issued.  Originally, detailed requirements were set out regarding the size, design and location of the signs.  These were simplified in 2012 – see http://www.dh.gov.uk/health/2012/10/no-smoking-signs/.  

Anyone who breaches the smoking ban faces a maximum fine, on conviction, of £200.  Where a fixed penalty procedure is used, the fixed penalty is £50, with a discounted amount of £30, if the penalty is paid within 15 days of the notice being issued.


Why was the Smoking Ban introduced?

Second-hand tobacco smoke was a major cause of heart disease and lung cancer amongst non-smokers who worked with people who smoked before the ban.  It is estimated that, before the change in the law, around 700 workers a year died as a direct result of second-hand tobacco smoke in their workplace.

Second-hand smoke was also responsible for many thousands of episodes of illness.  For example, Asthma UK reported that it was the second most common asthma trigger in the workplace.  More than four fifths of people with asthma said that other people’s smoke worsened their asthma and 1 in 5 people with asthma felt excluded from parts of their workplace where people smoked.

Around a quarter of workers smoke, although not necessarily in the workplace, where even before the ban there had been a steady move towards smoking restrictions over time.  As a result most workers, including teachers, already worked in a “smoke-free” environment at the time of the ban.  However, in 2007 around two million people in Great Britain still worked in workplaces where smoking was allowed somewhere on the premises. 

Action Points for Divisions

No-smoking policies will have been in place in schools since the change in the law, if not before.  Set out below is NUT advice on specific issues which may need to be addressed as part of such policies.

1.         Support for smokers who want to give up

Helping smokers to give up if they wish is an essential element of a successful smoking policy.  It is recommended that employers work with local NHS Stop Smoking Services on this (contactable through the local Primary Care Trust).  There are various ways of doing this:

·                Provision of advice on giving up smoking from a doctor or health professional.

·                Development of programmes for giving up smoking which could consist of group meetings run by professionals.

·                The supply of free or subsidised nicotine replacement therapy such as gum or patches (although see note about electronic cigarettes below).

·                Distribution of self-help guides for giving up smoking.

·                Multi-component programmes including all of the above and tailored to the individual.

Advice is also available from the NHS website at http://www.nhs.uk/livewell/smoking/Pages/stopsmokingnewhome.aspx

2.         Appointment procedures

The NUT is opposed to smoking policies which state that the employer will not employ smokers.  If smokers restrict their smoking to comply with the employer’s policy, and the law, there is no reason why their smoking habit should affect their work.

3.         Smoking breaks

Research demonstrates that smoke-free workplaces help smokers to give up or reduce the amount they smoke.  Nevertheless, nicotine is extremely addictive and many smokers have found adjusting to smoking restrictions difficult.  Some people may still want to smoke during working hours, and many have found it very difficult to cut down or stop completely.  Each organisation has tended to deal with this issue differently, depending on the culture and the nature of the work.  However, since summer 2007 (April 2007 in Wales), no smoking can take place at all inside an enclosed building, so any permitted smoking area has to be outside.  If it is to be outside, then provision will have to be made for ash and cigarette ends. 

If smoking is permitted outside a building, in designated areas, policies will need to consider whether to specify how often and for how long smokers may take breaks.  This is unlikely to be a controversial issue in schools since most have totally banned smoking in school premises and grounds anyway and opportunities to take cigarette breaks will be largely governed by the school timetable.

Teachers who are centrally employed and based in Council offices are likely to be affected most by restrictions on smoking outside the premises since some Councils may seek to introduce exclusion zones of a certain number of metres around all Council-owned premises.

Whilst recognising that smoking at the entrances to buildings may not project the right image and may lead to cigarette ends littering the area, the NUT recommends that employers do seek to accommodate smokers’ needs without compromising the health of non-smokers.  It is particularly important that teachers do not smoke anywhere where smoke can blow back into the building through windows and doorways. 

The NUT would hope that pragmatic solutions can be found to the question of where smoking is to be permitted outside a building.

Teachers are entitled to leave the premises during their lunch break and, if they choose to do so, the employer cannot seek to prevent them from smoking.  It would, however, be reasonable to expect teachers not to smoke at the school gate since this would send the wrong messages to pupils.

4.         Teachers who make home visits

Workers visiting clients in their home are not directly covered by the provisions of the Health Act 2006.  Nevertheless, the NUT believes that teachers should be protected when visiting pupils in their own homes.  This is best achieved by employers setting out in advance conditions for such visits.  For example, families should be told not to smoke during any pre-arranged visit and for a certain period of time beforehand.

If such conditions are not met, members should be encouraged to discuss the situation with their employer pointing out that the employer is failing in its duty of care to the teacher.  If the situation cannot be resolved the family concerned will need to be informed by the employer that no further visits will take place.

5.         School Minibuses

No smoking should take place in any vehicle owned, or hired, by schools or local authorities, since such vehicles fall within the definition of enclosed workplaces.  This is the case whether or not pupils are present. 

The only exception to this rule is if a work vehicle is only ever used by one person, with no passengers.  This will, of course, not be the case with school minibuses. 

There is, of course, nothing to prevent teachers smoking in their own private vehicles, although local authority policies may prevent smoking if colleagues are being driven.

6.         School Visits

Many school visits will be to places which are either defined as public places, enclosed workplaces, or both.  Teachers who do wish to smoke, particularly during residential visits, will need to clarify in advance where smoking will be permitted.  It would be reasonable for school management to insist that smoking does not take place in the presence of pupils.  Designated smoking bedrooms are permitted within hotels, at the discretion of the proprietor.  They must be clearly marked as rooms in which smoking is permitted.  Dormitories must always be smoke free.

7.         Social Events

Many teachers are prepared to give up their free time to attend social occasions, such as school discos and leavers’ parties.  Where events for older pupils take place, if the pupils are permitted to smoke immediately outside the venue, then such permission should also be extended to teachers.  Where pupils are expected to refrain from smoking, or at events for younger pupils, it would be reasonable to expect teachers not to smoke either.

If any teachers genuinely find such a prospect too difficult to contemplate then, apart from refusing to attend the event, a pragmatic solution could include sufficient staff being in attendance, so as to permit colleagues to take a break well away from the premises.

8.         Electronic cigarettes

Although electronic cigarettes do not contain tobacco or produce smoke, and their use in enclosed workplaces and public places isn’t banned by law in the UK, this does not mean that employers cannot introduce their own policies. It is understandable that schools, which are seeking to promote healthy lifestyles for pupils, have a problem with the image that these cigarettes project.  Schools will not wish to give the impression to their pupils that smoking is in any way desirable.

Another issue is that since electronic cigarettes have only been available for a relatively short time as a smokeless alternative to the real thing, there are worries about possible long-term health effects, with concerns expressed by the World Health Organisation and in the British Medical Journal.  The Department of Health also appears to be adopting a cautious approach by suggesting that users ‘exercise caution’.

The TUC reports that a number of employers have already made e-cigarettes subject to the same controls under their smoking policies as normal cigarettes, so it is to be expected that schools will follow suit.  The TUC refers to electronic cigarettes as ‘potentially hazardous’, says they should ‘have no place in the workplace’ and urges safety reps to try to ensure that they are not used anywhere that smoking tobacco is prohibited.

On this basis, the NUT would agree that for health and safety reasons it is sensible for employers to adopt the precautionary principle in relation to these devices and not permit their use on school premises.


Further Information

For more information see www.dh.gov.uk and www.smokefreeengland.co.uk

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