Human Resources Division

Smokefree Policy

1. Introduction
2. Background
   1. Health & Safety Work Act 1974
   2. Management of Health and Safety at Work Regulations 1999
   3. Health Act 2006
3. Scope
4. Definition
5. Smoking Areas
6. Smoking Breaks
7. Students and Visitors
8. Support for Smokers
9. Informing Staff
10. Recruitment
11. Non-compliance
12. Signage
13. Implementation
14. Review
15. Useful Links

1. Introduction

This policy aims to:

• protect all staff and those visiting and working in University buildings from the harmful effects of second-hand tobacco smoke;
• ensure that all parties have a clear understanding of their rights and responsibilities;
• ensure that the University complies with relevant legislation.

This policy recognises that second-hand smoke adversely affects the health of all employees and is therefore concerned with where people smoke and the effect this has on other employees and members of the public.

2. Background

This policy has been created to ensure that the University complies with the following legislation:

2.1 Health and Safety at Work Act 1974

Section 2(2) of this act places a duty on employers to ensure “the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work”.

2.2 Management of Health and Safety at Work Regulations 1999

These Regulations, under General Principles of Prevention, cover risk management, including avoiding risks, combating risks at source, replacing the dangerous by the non/less dangerous and giving collective protective measures priority over individual protective measures.

2.3 Health Act 2006

From 1 July 2007, as a result of the Health Act 2006, virtually all enclosed public places and workplaces in England will become smokefree.

Section 2 of this Act sets out that premises that are open to the public, or are used as a place of work by more than one person, or where members of the public might attend to receive or provide goods or services, are to be smokefree in areas that are enclosed or substantially enclosed.

Premises are considered to be enclosed if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis.

Premises are considered to be substantially enclosed if they have a ceiling or roof, but there are permanent openings in the walls which are less than half of the total area of walls, including other structures which serve the purpose of walls and constitute the perimeter of premises. When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings can be open or shut. This is known as the 50% rule. A ‘roof’ includes both fixed and moveable structures.

The regulations also require enclosed vehicles to be smokefree at all times, if they are used by members of the public or in the course of paid or voluntary work by more than one person.

3. Scope

This smokefree policy seeks to guarantee all staff the right to work in air free of smoke generated by all types of burnt and smoked products (see 4. below). Therefore, from 1 July 2007 smoking is prohibited throughout all enclosed/substantially enclosed University workplaces and University vehicles, with no exceptions.

Also, smoking will be discouraged at entrances and exits to buildings or near to open windows or air handling units so that people entering, exiting or in the building do not have to pass through tobacco smoke.

This policy applies to all staff, students, consultants, contractors and visitors. Members of staff and others who work on sites where smoking is already banned, including Addenbrooke's hospital (The Cambridge University Hospitals NHS Foundation Trust), will continue to be covered by local site-wide smokefree policies.

Where a member of staff has sole occupancy of a University domestic residence (tied with their job) they will not be subject to the policy. Staff who are tenants through the University Accommodation Service will continue to be bound by the tenancy agreement, which includes a no-smoking clause.

4. Definition

The smokefree policy covers all types of burnt and smoked products including cigarettes, tobacco and non-tobacco cigarette products.

5. Smoking Areas

Smoking may be permitted as appropriate on University land, but will not be permitted inside University buildings and will be discouraged near entrances and exits. Where smoking is permitted on land owned by the University, receptacles will be provided for the disposal of cigarette ends and other waste smoking materials and must be used at all times. Staff, students and visitors are only permitted to smoke in unenclosed designated areas.

Signage will inform those entering University buildings of their smokefree status, i.e. that smoking is explicitly not allowed.

6. Smoking Breaks

Staff who wish to smoke during the working day may do so during normal work breaks, in accordance with local arrangements.

7. Students and Visitors

Staff members are expected to inform temporary staff, students and visitors, including contractors and deliverers, of this policy. However they are not expected to enter into any confrontation that may put their personal safety at risk.

8. Support for Smokers

It is recognised that the smokefree policy may represent a change for members of staff who smoke and the Occupational Health Service will provide advice to staff on request.

9. Informing Staff of the Policy

University level induction sessions will refer to the smokefree policy and the reasons for it, and staff responsible for local induction programmes will be encouraged to include direct comment on the smokefree policy.

Relevant signs will be placed at all entrances and at selected places within all buildings.

The University will provide all members of staff with a copy of this policy upon their request.

10. Recruitment Procedures

Further particulars of a vacancy will include reference to this policy. On their appointment, all new staff members will be given a copy of this policy.

11. Non-Compliance

Staff who do not comply with the policy will be interviewed by their immediate supervisor and will be referred to the Occupational Health Service for support and advice. Should an individual or group of staff continue to infringe this policy, as a last resort, the Head of Institution may invoke disciplinary procedures as a means of encouraging adherence to the policy.

In the event of a breach of the policy by a student or visitor they should be asked to extinguish all smoking materials and be informed of the availability of external smoking areas, in a manner in accordance with local arrangements. If they continue to smoke, the matter should be referred to the appropriate manager or to security staff as appropriate. If students refuse to comply with this policy, their College will be informed in the first instance. Visitors will be asked to stop smoking and if they refuse to comply with this policy will be asked to leave the building. If visitors continue to breach the policy, their employer should be advised in writing of the consequences of breaching these requirements.

12. Signage

No-smoking signs, complying with the requirements of the regulations under the Health Act 2006, will be displayed in University buildings and vehicles.

13. Implementation

Responsibility for implementing and monitoring this policy rests with Heads of Institutions. All staff are obliged to adhere to and facilitate the implementation of the policy.

14. Review

The Human Resources Division will review implementation of the policy after 12 months.

15. Useful Links

• Stop Smoking Support Advice Sheet (from Occupational Health)
• Smokefree England website.