Hampshire County Council

Buildings, Land and Procurement Panel Item 10

16 July 2004

Executive Member - Policy and Resources

23 July 2004

Smoking and Passive Smoking Issues

Report of the County Personnel and Training Officer

Contact: Gerry Colverson, 01962 847707 Email: [email protected]

How this report supports the Corporate Strategy

This report supports:

Aim 1. - Maximising life opportunities,

Aim 4. - Building strong and safe communities

Aim 6. - Developing councillors and staff

by considering the health and productivity issues relating to smoking and passive smoking in the working environment.

1. Introduction

1.1 In April, the elected Members in Council debated the issue of smoking at work and came to the view that more direct action on this matter was possible. A decision was made to have the matter discussed at the Buildings, Land and Procurement Panel (BLAPP). This report is provided to inform and support discussions on this issue in BLAPP.

1.2 Smoking and passive smoking is a matter of wide discussion and debate across the world. New York City banned smoking in public places from March 2003. In Europe, Ireland has already banned smoking in all public houses from March 2004 and currently Norway and Scotland are considering whether to follow with similar bans. At a more local level, Liverpool is aiming to be a "smoke free" city by 2008. A survey of other large local authorities in the UK showed that another 30 were planning discussions and public consultation on placing restrictions on smoking in public places.

1.3 In the County Council there has been a policy that has restricted smoking in the workplace since 1991. This policy took the approach of banning smoking in Council buildings and vehicles with only certain exceptions, such as public functions and designated smoking areas that could be used by smokers. This was implemented by consensus, with the wishes of the non-smokers paramount.

1.4 Support was provided for staff who wished to give up smoking and a number of awareness raising programmes have been run across the Council since the adoption of the policy, to help smokers give-up.

2. Current issues

2.1 There is now a broad consensus of scientific and medical opinion on the impact passive smoking on health in the UK and that some of that impact is caused by passive smoking at work. The risks from passive smoking in a work environment come under the legal framework of the Health and Safety at Work etc. Act 1974 and subsequent legislation that require employers to assess risks and protect people from those risks.

2.2 The Council's policy on smoking has ensured that smoking, other than in designated areas, has been eliminated from Council buildings and staff have thereby been broadly protected from passive smoking. There remain a number of parts of the Council where protection from passive smoking is still an issue. These include where staff, as part of their duties, provide services to individuals who smoke or whose work includes establishments where smoking takes place. This affects some Homecare staff, Regulatory staff, Youth Offending Team staff and staff who work in buildings with bars.

2.3 Efforts are made to ensure that staff members working in these areas are informed at recruitment of any possible exposure to tobacco smoke and where it is possible, a member of staff who smokes is matched to a client who smokes. Where it is reasonably practicable to reduce the impact of tobacco smoke action is taken. Staff with pre-existing medical conditions such as asthma would not be asked to undertake this type of work.

2.4 If a policy decision was made that no member of staff was to be subject to tobacco smoke, this could seriously impact on the delivery of services in these specific areas.

2.5 Another aspect of smoking that was not fully addressed by the original policy is that of smokers congregating outside Council buildings, often in entrances or doorways. This has led to complaints from non-smokers who use the entrances and from staff whose offices are above the entrances where smoke can enter their office via open windows. In addition, concerns have been expressed about the image that this presents to the public who see smokers outside of the headquarters buildings in Winchester.

3. Options for future action

3.1 The existing policy on smoking was published in 1991 and is only found on the old Hantsnet system. The policy needs to be updated and publicised widely to ensure staff are fully aware of the restrictions on smoking. The provision of smoking rooms for use by staff could now be withdrawn to ensure that as many of the Council's buildings are smoke free as possible.

3.2 Whilst it would be feasible to remove the option of providing smoking rooms, as has been done by the NHS, this would mean that the issue of where smokers can smoke needs to be addressed. A restriction on smoking in the entrances to Elizabeth II Court was agreed and communicated to staff in 1992 with effect from January 1993. This has not been consistently enforced and many staff are unlikely to be aware of the policy.

3.3 It may be necessary to provide some form of shelter for smokers to use if staff are to be discouraged from using the entrances and doorways to key Council buildings.

3.4 If staff are permitted to take breaks to smoke, then managers will need to ensure that use of this privilege is monitored and that staff make up the time taken.

3.5 A decision to ban smoking in all Council buildings will need to be introduced over a suitable period to enable smokers to adjust. Suitable consultation periods will be needed to enable staff and their representatives to express their views.

3.6 Exemptions for residential homes may also be required where the imposition of a smoking ban could conflict with individual rights of clients for whom the building is their `home'. Decisions will also need to be made to cover the large number of public functions that are run by or for the Council and where staff or volunteers may be required to work. Some of these functions are smoke-free and others are not.

4. Conclusions

4.1 The issue of smoking and the impact of passive smoking will always elicit strong views and be contentious. It is quite possible that future restrictions on smoking in public places may be introduced either nationally or by individual local authorities. Currently, debates are taking place on possible future legislation banning smoking in public places in the UK.

4.2 The Council's existing smoking policy needs to be reviewed, revised and re-publicised, following suitable consultation with staff and their representatives before being agreed and authorised by the EHCC Committee.

4.3 The review of the policy should include specialists from Human Resources and Property Services.

5. Recommendations

5.1 The Panel advises the Executive Member for Policy and Resources to endorse the following:

· That Human Resources (HR) are instructed to revise and reissue the smoking policy.

· The policy should include the removal of existing smoking rooms for staff in order to make as many Council buildings as smoke free as is possible.

· Flexibility is built into the policy to enable managers of residential homes to make appropriate provision for clients who may wish to smoke.

· The policy provides for managers locally to manage the issue of where and when smokers can take smoke breaks and ensure that any time taken is made up.

· The new policy is returned to members for final approval in February 2005

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has relied upon to a material extent in the preparation of this report.

N.B. the list includes:

1. Published works

2. Documents which disclose exempt or confidential information as defined in the Act.

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