Derbyshire Constabulary NO SMOKING POLICY POLICY REFERENCE 06/161. This policy is suitable for Public Disclosure

Transcription

1 Derbyshire Constabulary NO SMOKING POLICY POLICY REFERENCE 06/161 This policy is suitable for Public Disclosure Owner of Doc: Head of Department, Corporate Services Date Approved: June 2007 Review Date: August

2 INDEX Heading Page No 1. Policy Identification Page Legislative Compliance Introduction Policy Statement Procedures Monitoring and Review Appeals

3 1. Policy Identification Page Policy title: No Smoking Policy Registry Reference number: 06/161 Policy implementation date: June 2007 Policy review date: August 2018 Department / Division responsible: Policy owner: Corporate Services Head of Department Last reviewed by: Mark Euerby Date last reviewed: August 2016 Impacts on other policies / guidance / documents (list): None Security Classification: Disclosable under FOI Act: YES Policy to be published on Intranet YES Policy to be published on Force Website YES 3

4 2. Legislative Compliance This document has been drafted to comply with the principles of the Human Rights Act. Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individual and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used. Equality and Diversity issues have also been considered to ensure compliance with the Equality Act 2010 and meet our legal obligation in relation to the equality duty. In addition, Data Protection, Freedom of Information and Health and Safety Issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation and internal policies. 3. Introduction Derbyshire Constabulary s objective is to promote a healthy working environment for all its staff. The Force accepts the medical evidence that lung cancer, chronic bronchitis and other serious diseases are directly linked to smoking and the concern raised of the effects of passive smoking on non-smokers. In light of legislative changes and the overwhelming evidence in relation to the dangers of smoking to health, the Force is to operate a total restriction no smoking policy, which applies to all premises and land owned by the force. Smoking breaks during working hours are therefore not permitted; all employees who leave the premises in order to smoke must only do so during their meal break. All employees have a responsibility to co-operate with an employer to ensure health and safety in the workplace. Smoking for the purpose of the policy is defined as the smoking of cigarettes, cigars and pipes. This also includes the use of electronic cigarettes (e-cig or e-cigarettes), personal vaporizer (PV) or electronic nicotine delivery systems (ENDS) which must not be used on or within Force owned or leased premises. 4. Policy Statement Derbyshire Constabulary promotes a healthy working environment for employees and aims to protect non smoking staff from the dangerous effects of passive smoking whilst on police premises in compliance with the requirements of the Health and Safety at Work etc Act 1974 and the Smoke-free (Premises and Enforcement) Regulations Procedures It is the responsibility of Divisional Commanders and Heads of Departments to ensure that the No Smoking Policy is implemented effectively and is enforced uniformly throughout the force. 4

5 Definition of Workplaces General Workplaces/Recreational Areas This requirement will extend to all offices, washrooms, toilets, parade rooms, lifts, passages, stairs, kitchens, refreshment areas, bars/social clubs, games rooms and public areas of police buildings. Single Occupancy Offices Offices with only one occupant will be designated as a non-smoking area in order to protect other members of staff who may have cause to enter that office. Outdoor Areas This requirement will extend to all grounds and land owned by the force. It is not acceptable for uniformed officers to smoke in public places or when dealing with members of the public. Other Buildings For the purpose of this policy any room or building that is hired or leased to the Force for any reason, the No Smoking Policy will be applicable. Vehicles i) All police vehicles including hired and loaned vehicles will be smoke free. Passengers, whatever category and drivers must refrain from smoking. ii) iii) Casual/essential car users who are travelling on force business using their own private vehicles will not smoke whilst travelling with non-smokers. Staff are not permitted smoke in their own private vehicles whilst parked on force premises. Other Considerations including Public Compliance i) In accordance with ACPO Guidance, persons detained in custody will not be allowed to smoke in cells, exercise yards or the custody suite. This is within the spirit of the Human Rights Act 1998 and has been subject to few challenges at court. ii) iii) If a cigarette is provided to a person detained in custody this could be viewed as an inducement and thereby make the evidence inadmissible at court. Heavy smokers can abstain from smoking for 4 hours without any adverse effects. If a detainee is believed to be suffering from acute nicotine withdrawal a Health Care Professional should be consulted to advise on the administration of nicotine replacement to the detainee. The Health Care Professional can authorise a method of nicotine replacement. Nicotine patches are generally inappropriate for short-term prisoners as it can take up to 18 hours before the nicotine reaches the main bloodstream. These would therefore only be suitable for a detainee who is likely to be in custody for several days. The preferred method of nicotine replacement is 5

6 through chewing gum. A period of 15 minutes should have elapsed between providing the nicotine replacement and any subsequent interview. Other medication may also be prescribed. iv) All visitors must follow this procedure and where appropriate, enquiry office/reception staff or staff responsible for them being on site, will need to make them aware of the procedure. Anyone in breach of the procedure should be reminded of it by employees who notice the breach. Managers should advise employees to treat the breach in the usual manner, asking the person to extinguish their tobacco product. If the person still refuses to comply, employees should ask the person to leave the site or premises as they are in breach of Constabulary procedure. v) Staff visiting members of the public or other staff within their homes in the course of their employment are at risk if the person is a smoker as private houses are not covered by legislation. Therefore, you can ask them and those who may be with them, not to smoke during the visit. Alternatively, if this is not possible you can arrange a meeting at force premises to prevent exposure to tobacco smoke. vi) Whilst the policy will be enforced for all police detainees there is within the primary legislation an exemption for Home Office prisoners, Operation Safeguard etc, in that their cell is classified as their home. In practice this allows them the right to smoke if they so wish. However, if requested prisoners should be strongly encouraged to smoke in the exercise yard. Meetings All meetings will be smoke-free regardless of where they are held. This requirement will include members of the public and visitors who may be present. Responsibility for this requirement rests with the Chair of the meeting. Recruitment The No Smoking Policy will be regarded as a term in all employees contracts of employment. The force will bring the policy to the attention of all new employees including potential applicants for employment. General i) No member of staff shall be required by his/her contract of employment or otherwise to work in a smoking environment. ii) For the purpose of job advertisements the internet webpage will include the statement Derbyshire Constabulary operates a No Smoking Policy. Existing Staff i) All existing members of staff will be required to observe this policy. Any employee who encounters a breach of the policy and who wishes to pursue the issue should in the first instance raise the issue with their Line Manager. If the matter is not resolved to the employee s satisfaction or the breach of the policy continues; contact should be made with the local HR Representative. 6

7 ii) In cases where staff breach the policy, disciplinary action may be introduced as a final measure, but only following the failure of discussion, counselling, staff association or trade union intervention and any other appropriate means. New Appointees and Applicants i) Documentation issued to applicants and successful applicants will include an explanation of the No Smoking Policy. ii) Letters of appointment for all new staff (uniform and support) will include a paragraph indicating the requirement to observe the policy. This will include work experience placements and staff engaged on training schemes. Assistance for Smokers Any employee who experiences difficulties in meeting the requirements of this policy should discuss the matter with their Line Manager or Supervisor or with their local HR Manager if that is not possible. Information relating to healthy living is also available on the regional Working Well website. In addition, the site contains useful information regarding the No Smoking Day website which is updated annually and can be accessed by the link below: 6. Monitoring and Review The policy will be periodically reviewed to ensure that it meets the objectives of the organisation and when there are changes in legislation or new technology. The Head of Corporate Services is responsible for monitoring the implementation and impact of this policy. Data is monitored for disproportionate impact on minority groups. This policy will be reviewed annually. 7. Appeals Process If a member of staff has an issue with the application of this policy, they should raise this in the first instance with their line manager. Staff may have recourse to the Dispute Resolution Procedure. Visitors, contractors and members of the public who take issue with the application of this policy have recourse to the police complaints system. 7

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