Effects of Smoking in workplaces not covered by the Smoking Ban

Briefing No. 160

July 2007

Background

The Smoking, Health and Social Care (Scotland) Act, 2005 came into effect on 26 March, 2006.

From that date all premises which are "wholly or substantially enclosed", i.e. which have a roof and are enclosed to less than half of the area of their walls, were deemed to be no-smoking and it became an offence to smoke, or allow others to smoke in those premises.

The premises fell into four categories:

• Those to which the public has access;
• Those which are being used as a place of work for employees
• Those used by a club or other association;
• Those being used for the provision of education, health or care services

Most workplaces where UNISON has members, with only one or two exceptions, are covered by the Act.

Exemptions

There are a few exemptions to the law which are mainly made on humanitarian grounds, including:

• Residential accommodation,
• Designated rooms in psychiatric hospitals and units,
• Adult hospices
• Designated rooms in detention or offender premises

• Private vehicles

However, nothing in the law permits an employer to allow smoking or to provide a smoking area. for employees.

In addition, many UNISON members visit clients and service users in their own homes which are not subject to the ban.

Assessment–1 year on

To find out how employers were operating the scheme, particularly in those areas which were exempt from the Act, UNISON carried out a Freedom of Information Request on employers in Scotland.

Employers were asked to send in copies of their Smoking Policies, particularly as they applied to exempted premises and to cover staff visiting the homes of service users.

We found that most employers had smoking policies, but some had not been updated to take account of the new legislation.

Many policies submitted were the employer's main policy which was then to be applied at Departmental level with more relevant details. Many also included their departmental policies, particularly from their social work and housing departments.

Visiting Clients' Homes

Several employers had policies which mentioned working in clients' homes, although many had no such provision

Best practice occurred where employers carried out risk assessments and planned appropriately, often advising clients that they should refrain from smoking for one to two hours prior to a visit and during any visit. In all cases, however, it was expected that the employee would not smoke in clients' premises.

Some authorities have policies which provide for a withdrawal of service ifclients will not co-operate, but this is seen as a last resort at all times.

Residential Accommodation

This includes Adult Hospices, wards in psychiatric hospitals, etc., which are deemed to be the homes of the residents.

Some policies allow the provision of a designated smoking area in a care home, or hospital and others only bedrooms where adequate ventilation is provided. These are strictly for the clients' benefit and are not to be used as general smoking areas for staff or visitors.

Some employers have carried out risk assessments of all clients in their establishments and provided individual plans to cater for any who smoke.

Several also carry out risk assessments of their staff to identify staff who may have medical problems or are pregnant and then, wherever possible, reduce risks to those individuals.

Driving

Despite some confusion regarding the law on company cars in Scotland, most employers have designated all cars used for work purposes as smoke-free.

In addition, all vehicles used primarily for work should have no-smoking signs displayed in them.

Issues for UNISON:

• Branches must ensure that their employers have a smoking policy which complies with the legislation.

• They should then ascertain that the policy includes areas not covered by the legislation.

• The policy should ensure that staff who are expected to work in such areas are not exposed to smoke, particularly if they have health problems, such as asthma or other chest complaints or are pregnant.

• Employers should carry out an individual risk assessment to cover each client who smokes, whether subject to home visits or in a residential home and make appropriate arrangements for them.

• All clients who have home care visits should be asked to refrain from smoking for 1-2 hours prior to each visit and during visits.

Individual Employers

A spreadsheet of individual responses from each employer has been compiled. If any branch would wish to see the spreadsheet or the response from their employer, please contact Diane Anderson at the address given.

Further Information

Scottish Executive Smoking Website

http://www.clearingtheairscotland.com/

Guidance on smoking policies for the NHS, local authorities and care service providers

http://www.clearingtheairscotland.com/
faqs/pdf/Smoke%20Free%20Scotland.pdf

Statutory Instrument referring to the Act

http://www.opsi.gov.uk/legislation/
scotland/ssi2006/draft/20069894.htm

Contacts list:

Dave Watson

d.watson@unison.co.uk

Diane Anderson -

diane.anderson@unison.co.uk

@ the P&I Team

14 West Campbell St

Glasgow G2 6RX

Tel -0845 355 0845

Fax 0141-307 2572