1. Introduction
1.1 In order to comply with recent legislation concerning smoking in public places and work places, the Council and the General Board, on the recommendation of the Personnel Committee, give notice that the following smokefree policy will apply to all University buildings.
1.2 This policy aims to:
This policy recognizes 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 [their] 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, that is 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 recognized 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 Personnel Division 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 the 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 Personnel Division will review implementation of the policy after twelve months.