(No) Smoking Policy
Introduction
Under Health and Safety legislation the College has a legal responsibility to protect the health and safety of everyone in the workplace. There is increasing evidence of the detrimental effects of passive smoking on non-smokers and the College has introduced measures to protect non-smokers from the effects of tobacco smoke.
Public attitudes towards smoking are changing and greater restrictions on smoking are now more common in many public places (for example, places of entertainment, public transport).
Whether people smoke or not is a personal matter but all employees, students and clients are entitled to breathe air unpolluted by tobacco smoke whilst in College premises.
Purpose
The College reaffirms its continuing responsibility for ensuring, so far as is reasonably practicable, the health, safety and welfare of all its employees whilst at work and is committed to ensuring that a non-smoking environment will be the norm for employees and students.
Through this Policy the College will ensure compliance with the Smoke-Free Regulations 2006 which form the statutory instruments prohibiting smoking at work premises. These regulations apply in England from 1st July 2007.
The purpose of this policy is to:
- smoking on College premises in any area that is enclosed or substantially enclosed (see Appendix One for explanation and examples) is prohibited
The policy has been agreed following consultation with all staff at all centres of the College.
Scope
This policy applies to all College of Law, College of Law Services and LNTV employees,and students and all persons working in or visiting College of Law premises.
The policy applies to all premises of the College.
The policy applies at all times; there are no exceptions for social or other events.
Employees who smoke
Employees who smoke will be responsible for adapting to and abiding by the ban.
Employees who incur a fine under law are liable for the payment of any fine in full.
Social functions
The smoking ban will apply to all social functions held within College premises.
Implementing and operating the policy
Regional Directors will be responsible for the implementation and operation of this policy in respect of all premises that fall within their control.
Breaches of the policy will be dealt with in accordance with the procedures outlined.
Signposting of smoking restrictions
Statutory notices will be displayed in all entrance areas around the College highlighting that it is against the law to smoke inside College premises.
Potential employees
All potential employees must be informed of this policy by the manager at interview, and made aware of the non-smoking obligations which will be placed on them should they be offered employment with the College.
Breaches of policy
Breach of this policy could result in damage to the health of employees or visitors who breathe in second hand smoke; the College could also be exposed to legal action for breach of the statutory regulations. Disregard for this policy will be considered disciplinary in nature.
Any employee who encounters a breach of policy should raise the circumstances with their line manager in the first instance, who will deal with the matter.
Should the matter not be resolved to the College’s satisfaction or if the breach of the policy continues, the grievance procedure should be used.
Where employees declare that they will not stop smoking in the workplace or do not comply with the policy following the procedures described above, management should initially adopt informal counseling making clear the legal position in this area, if this is not successful they should then contact their HR Business Partner before invoking the Formal College Disciplinary and Dismissal Procedure.
Appendix 1
Explanatory Note (Smoke Free Premises and Enforcement) Regulations 2006
Enclosed and Substantially Enclosed Premises
Regulation 2 specifies the meanings of "enclosed" and "substantially enclosed" premises.
For the purposes of section 2 of the Act premises are enclosed if they have a ceiling or roof and, except for doors, windows and passageways, they are wholly enclosed either permanently or temporarily.
For the purposes of section 2 of the Act premises are substantially enclosed if they have a ceiling or roof but there is -
(a) an opening in the walls; or
(b) an aggregate area of openings in the walls,
which is less than half of the area of the walls, (including other structures that serve the purpose of walls and constitute the perimeter of the premises).
In determining the area of an opening or an aggregate area of openings for the purposes of paragraph (2), no account is to be taken of openings in which there are doors, windows or other fittings that can be opened or shut.
Paragraph (4) defines "roof" for the purposes of the regulation to include any fixed or moveable structure which is capable of covering all or part of the premises.
Examples of enclosed areas may include within offices, meeting /training rooms, toilets, lifts, stairs, corridors and any other indoor areas.
Examples of substantially enclosed areas may include some outdoor areas which have previously been used by smokers but which have a roof or porch used as a shelter and which have less than 50% of the wall area open.
