Issue Date: Feb 2015
Managing a Smoke Free Environment
Introduction
Alpha Plus Group has developed the Managing a Smoke Free Environment section for
the health protection of all persons using the nursery/school/college under their control
including employees, pupils/students, parents and visitors.
Exposure to second hand smoke, also known as passive smoking, increases the risk of
lung cancer, heart disease and other illnesses. Ventilation or separating smokers and
non-smokers within the same airspace does not completely stop potentially dangerous
exposure.
Policy
This aims to set out the organisations commitment to ensuring smoking is prohibited in
all wholly or substantially enclosed areas of the business, with no exceptions. This
includes company vehicles or personal vehicles used for work purposes. This will be
carried out in accordance with the Health Act 2006.
Premises includes:
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Any building or part of a building
Any structure or part of a structure, whether moveable or otherwise
Any tent, marquee or stall
Any vehicle
Wholly enclosed means:
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For premises other than a vehicle or part of a vehicle, having a ceiling or roof,
except for doors, windows and passageways, wholly enclosed, whether
permanently or temporarily.
For premises that are a vehicle or part of a vehicle, having a top or roof and
except for doors, windows or exits, wholly enclosed, whether permanently or
temporarily.
Substantially enclosed means:
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For premises other than a vehicle or part of a vehicle, having a ceiling or roof,
except for doors, windows and passageways, substantially enclosed, whether
permanently or temporarily.
For premises that are a vehicle or part of a vehicle, having a top or roof and
except for doors, windows or exits, substantially enclosed, whether permanently
or temporarily.
Premises shall be taken to be substantially enclosed if:
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The opening in the premises has an area, or if there is more than one, both or all
those openings have an aggregate area which is less than half the area of the
walls. This includes any other structures serving the purpose of walls.
It is company policy that:
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Smoking will be prohibited in all company premises.
Smoking will be prohibited in all company vehicles, including personal vehicles
used for work purposes.
Appropriate No Smoking signage will be displayed in all company premises and
vehicles.
Procedures will be developed to deal with any individual (employee or nonemployee) who does not observe the smoking ban.
This will be achieved by the involvement of all levels of staff from senior management to
those staff with customer facing roles.
Smoke Free Guidance
How to comply with the legislation
The following must be carried out as a minimum:
Display the required No-Smoking signs. These can be found at
http://www.smokefreeengland.co.uk/resources/guidance-and-signage.html
Remove all ashtrays.
Inform anyone who is smoking within the unit that they are committing an offence.
Request that they extinguish their smoking material immediately or leave the premise.
Refuse service to individuals who are smoking against the law and contact local
environmental health department.
If any individual threatens physical violence as a result of the above requests contact
the police.
Areas where staff or customers can smoke
If you would like to provide an outdoor area where staff and customers can smoke, you
must consult with your local planning department to ensure proposals comply with the
relevant legislation. If planning an outdoor smoking area then you must remember the
legal definition of ‘wholly or substantially enclosed area’ which will determine whether or
not the law complies with it.
Who will enforce the smoking legislation?
The law will be enforced by local Environmental Health Officers. These officers already
work closely with businesses in areas such as food safety and health and safety. A
similar approach will be used to implement the legislation – providing advice and
support to businesses wherever possible.
Authorised enforcement officers have the power to enter any no-smoking premises to
determine whether the law is being complied with. They will also assess whether or not
those in control of premises have taken all reasonable precautions to prohibit people
from smoking.
Inspections carried out by enforcement officers will either be pro-active (to advise
businesses and to confirm compliance with the legislation) or re-active (in response to a
complaint). Inspections may be incorporated within a food safety or health and safety
inspection.
Enforcement officers may carry out inspections in a number of ways. These could
include:
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Inspections where officers will announce themselves prior to assessing the
situation with the premises
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Inspections of more covert surveillance, where officers will assess the situation of
the premises by observation then identify themselves following the period of
surveillance.
Penalties for breaking the law
Anyone who does not comply with the smoke free legislation is committing a criminal
offence subject to a fixed penalty notice.
Offence
Who is liable?
Fixed Penalty Notice
(if paid in 15 days)
Fixed Penalty Notice
(if paid in 29 days)
Court awarded fine
Smoking in a smoke
free place
Anyone who smokes in
a smoke free place
£30
£50
Up to £200
Failing to display
required no-smoking
signs
Anyone who manages
or occupies the smoke
free premises or vehicle
£150
£200
Up to £1000
Failing to prevent
smoking in a smoke
free place
Anyone who manages
or controls the smoke
free premises or vehicle
N/A
N/A
Up to £2500
What to do if someone ignores the smoking ban
There is a great confidence that the majority of people will respect the smoking
legislation. However, it is important that everyone is aware of what to do if someone
does not comply with the smoking ban.
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Draw the person’s attention to the No Smoking signs and remind them that they
are committing an offence. Politely ask them to extinguish their smoking material
immediately.
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Advise the person that it is also an offence for you (as an owner/manager etc) to
let anyone smoke in your premises.
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Explain to them that the company has a no smoking policy to ensure a safe
working environment for all staff and visitors.
If the person smoking is an employee:
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If your warning has been ignored, immediately ask them to leave the premises
and, where relevant, inform them where they can smoke.
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If the person refuses, implement the normal disciplinary procedures for antisocial/illegal behaviour in the workplace.
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Maintain a record of all such incidents and occurrences.
If the person smoking is a guest:
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Explain that staff are obliged to refuse service if they continue to smoke.
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If the visitor carries on smoking, ask them to leave the premises immediately
(and where relevant, inform them where they can smoke).
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If the visitor still refuses, implement the normal procedure for anti-social/illegal
behaviour in the premises.
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Maintain a record of all such incidents and occurrences.
In all cases where physical violence or intimidation is threatened or encountered,
seek the assistance of the police.
Help to stop smoking
Approximately 70% of smokers say that they would like to give up smoking and the
smoke free legislation could provide extra motivation to do so. If you would like to assist
your staff or guests to stop smoking there is excellent free support available from the
NHS. This includes:
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Local NHS Smoking Services.
To find your local service, call the NHS Smoking Helpline free on
0800 169 0 169, visit www.gosmokefree.co.uk, text ‘GIVE UP’ and your full
postcode to 88088 or ask at your local GP practice, pharmacy or hospital.
Roles & Responsibilities
Alpha Plus Group
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What needs to be done, when and how?
Sufficient provisions made that each unit has adequate and appropriate
knowledge of the no smoking legislation.
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Need to know
That each nursery/school/college has adequate resources to manage the
requirements under the Managing a Smoke Free Environment Section.
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Monitoring & Reporting
Review internal and external audit reports that focus on health, safety and
welfare provisions and take appropriate action as necessary.
School Heads/College Principals
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What needs to be done, when and how?
Ensure that smoking is prohibited in all areas of their respective facilities.
Suitable signage is displayed throughout their respective units and any
company vehicles.
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Need to know
All areas of the facility are being managed by their Heads of Departments as
a smoke free environment.
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Monitoring & Reporting
Ensure that there are procedures in place to deal with any individuals that
ignore the no smoking ban.
Heads of Department (HODs)
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What needs to be done, when and how?
Ensure that their respective departments are managed as a smoke free
environment.
Ensure all respective employees are aware that they are prohibited for
smoking in all areas of the unit and any company vehicle. This should form
part of the induction training process and recorded.
Ensure disciplinary procedures are adopted and followed in the event of any
respective employee ignoring the smoking ban.
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Need to know
How to record staff training sessions in relation to Managing a Smoke Free
Environment.
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Monitoring & Reporting
Report any concerns in relation to employees or non-employees not
complying with the smoking ban to the School Head/College Principal.
Report any incidents where any person does not comply with the smoking
ban on the internal Accident & Near Miss Reporting process
Employees
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What needs done when and how?
Employees require to be given suitable and sufficient information that
smoking is prohibited in all areas of the unit and in company vehicles.
Employees must not smoke, at any time, in any part of the unit or in any
company vehicle or personal vehicle if used for work purposes.
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Need to know
That smoking is prohibited throughout the unit and in company vehicles.
The smoking ban applies to guests, contractors, visitors and members of the
public.
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Monitoring & Reporting
Employees are required to advise management of any health or safety
concerns relating to their jobs.
Employees are required to report any incidents of persons smoking to their
Line Manager immediately.