Guidance Document

Health and Safety

Guidance Document

Introduction

The medical evidence of the risks to health from smoking and being exposed to secondary smoke is well established. However, many print companies still allow smoking on their premises in designated smoking areas and sometimes limited areas in production departments. This new legislation coming into force in England on 1 July 2007 is a result of the Choosing Health White Paper in which the Government set out its strategy to tackle smoking, as well as its effects on others and will affect all print and print-related companies (see below for legislation covering Wales and Northern Ireland).

The aim of the legislation is to ensure that almost all workers, regardless of their place of work, will be protected from risks to their health from exposure to tobacco smoke, and will be guaranteed the right to smoke-free air.

Members are encouraged to start talking to their employees about the requirements of this legislation and how it will affect arrangements within the company now so that everyone is prepared for its introduction.

The legislation

In England a set of regulations has been written to underpin the requirements of the Health Act 2006

·  The Smoke-free (Premises and Enforcement) Regulations 2006 were laid before Parliament in December 2006 and come into force in July 2007

Three more sets of Regulations are due to be laid before Parliament shortly. They are:

·  The Smoke-free (Exemptions and Vehicles) Regulations

·  The Smoke Free (Penalties and Discount Amounts) Regulations both of which are still at the draft stage

·  The Smoke-free (Signs) Regulations which are being considered by Europe under the Technical Standard Directive and will be laid before Parliament when the consultation period is complete

The Health Act 2006 devolves powers to the National Assembly for Wales to make regulations for a ban on smoking in enclosed public places in Wales. The new regulations are all due to come into force on 2nd April 2007. Please visit www.smokingbanwales.co.uk for the latest information.

In Northern Ireland The Smoking (Northern Ireland) Order 2006 (the Order) was made on 14 November 2006. Regulations to underpin the Order are still being finalised but the legislation is due to come into force on 30th April. Please visit www.spacetobreathe.org.uk

How it will affect print companies

The legislation will prohibit smoking in all premises that are totally or "substantially enclosed", and used as a place of work by more than one person by making it an offence to:

·  smoke in smoke-free premises

·  permit others to smoke in smoke free premises

·  fail to display warning notices in smoke-free premises

The legislation will affect all premises which:

·  the public has access to, for example, pubs, clubs, restaurants, cafes, etc.

·  are being used wholly or mainly as a place of work

·  are being used wholly or mainly for providing education, heath or care services

'Work' also covers voluntary work, so if a village hall holds an event staffed by volunteers, it would be smoke-free. If the public attended it would be both a workplace and a public place.

Smoking rooms will no longer be allowed, with the exception of a limited number of exemptions, for example, designated rooms in hospitals, prisons and adult care homes. None of the exceptions include print or print related companies

Employers, managers and those in charge of smoke-free premises and vehicles will need to:

take reasonable steps to ensure that staff, customers/members and visitors are aware that premises and vehicles are legally required to be smoke-free. This will require regular checks to ensure staff are adhering to your policy.

Definition of "substantially enclosed”

It is proposed that premises will be considered substantially enclosed if they have a ceiling or roof, and the openings in the walls are less than half the total area of the walls. A roof includes any fixed or moveable structure or device, for example a retractable canvas awning capable of covering all or part of the premises.

Smoking will be allowed in shelters which are not substantially enclosed.

Outside areas are not covered by the legislation. However employers may want to consider making it a policy that smoking is not permitted within a certain distance from outside entrances, if possible, so that staff and visitors do not have to walk through a cloud of smoke to get into a building.

Workplace vehicles

Where a vehicle is used as a workplace by more than one person (as a driver or passenger) regardless of whether they are in the vehicle at the same time, it will be required to be smoke-free at all times. This protects shift, temporary, agency and other workers using the same vehicle from the hazards of second-hand smoke. All vehicles used for public transport e.g. buses, trains and taxis will also be affected by the new law.

All vehicles will need to display no smoking signs.

Smoking will only be permitted in vehicles that are for the sole use of the driver and are not used as a workplace by anyone else, either as a driver or a passenger. For example, the car of a company director who may from time to time take staff to visit customers or suppliers will have to be smoke-free

What are the penalties for non-compliance?

Each local authority will identify enforcement officers e.g. environmental health officers, who will have the power to enter no smoking premises to determine whether the law is being upheld. They will also assess whether or not those in control of the premises have taken all reasonable precautions to avoid people smoking They will be authorised to issue the following penalties. The final penalty amount will be decided by a Court rather than the local authority:

·  Failure to display minimum no smoking signs; up to £1000 or a fixed penalty notice £200

·  Smoking in a non smoking place £200 or a fixed penalty notice £50

·  Failing to prevent smoking in a smoke-free place up to £2500

It is envisaged that Councils will work closely with businesses to raise awareness of the implications of the new legislation in advance of it coming into force. This approach will be followed up by inspections which will either be proactive i.e. to confirm compliance; or reactive in response to complaints once the legislation is in place.

Prosecution and the use of fixed penalty notices will be seen as a last resort and used only when the seriousness of the situation warrants.

No Smoking Signs in Premises and Vehicles

Premises

The draft regulations state that premises which are obligated to be smoke-free under the law will be required to display no-smoking signs in a prominent position at each entrance.

The signage should be a minimum area of any shape that is equal to the size A5 showing the international no smoking symbol at least 70mm in diameter (the most commonly used minimum size currently); and contains in characters that can be easily read the following words:

“No smoking. It is against the law to smoke in these premises”.

Substitute words can be used for “these premises” as long as they refer to the particular smoke-free premises in which a sign is displayed e.g. “this company”.

A no smoking sign which displays only the international no smoking symbol (a minimum of 70mm in diameter) may be displayed in a prominent position at an entrance instead of the above A5 no-smoking sign with required words when:

·  premises are located within other smoke-free premises that carry the A5 sign e.g. a print company located in a multi-tenanted building

·  entrances to smoke-free premises that are not for public use, i.e. staff only entrances, as long as that premises carries at least one A5 sign, with the required wording as above, at one entrance.

Copies of BS EN ISO 216: 2001 can be obtained from the British Standards Institute, 389 Chiswick High Road, London W4 4AL. Their website address is http://www.bsi-global.com

Vehicles

Any person with management responsibilities for a smoke-free vehicle shall be under a duty corresponding to that in section 6(1) of the Act to ensure that at least one no smoking sign with the international no smoking symbol a minimum of 70mm in diameter) is displayed in a prominent position within each compartment of his/her vehicles.

It is proposed that smoke-free vehicles display a no smoking sign which carries only the international no smoking symbol. If the vehicle has two or more compartments it must display a no smoking sign in each compartment e.g. in each carriage of a train.

The Department of Health will make available signs to businesses free of charge that meet the requirements set out in the regulations.

The provision of external smoking areas

Initial discussions with smokers in print companies have shown the move to smoke-free status is welcomed by many. Because they can no longer smoke at work there is an incentive to quit smoking, while others will reduce the number of cigarettes they smoke each day and save money.

Companies are not required to provide external smoking areas for smokers but where it is provided it must comply with the legislations i.e. that they are not ‘wholly or substantially enclosed’. If one is already in existence, then the move to smoke-free could be used as an opportunity to review whether or not it should continue to be made available to staff and if so what a necessary changes need to be made to its structure.

Cigarette end bins should be provided to ensure smoking materials are discarded safely and arrangements made for them to emptied on a regular basis.

Cars drivers should be discouraged from using their own car as a smoking shelter where shelters are not provided.

If one is already in existence, then the move to smoke-free could be used as an opportunity to review whether or not it should continue to be made available to staff. Consultations should take place with all staff prior to the introduction of new arrangements.

Arrangements for Shift Workers

As a significant part of the industry works on a variety of shift systems companies should assess the risks facing staff who may leave the site in order to smoke a cigarette in relation to an employer’s duty of care towards staff. In some instances this may simply be stepping out of the building into a busy public area , but in other cases it may involve a long walk to reach a dark and isolated road.

Companies should consider carefully how and when they allow staff to leave the site in order to smoke. Some organisations insist that staff clock in and out when they do this, so effectively they are smoking in their own time and at their own risk. Other organisations provide specific breaks or encourage staff to use existing breaks in order to smoke. The European Working Time Directive sets out guidelines about workers’ hours and break times and should be taken into account in any assessments.

Consultations should take place with all staff prior to the introduction of new arrangements.

Start planning for the change now

Here a just a few example of the actions you can take in the run up to the introduction of these new regulations

1.  Put up posters notifying staff of the changes and implementation date on notice boards

2.  Give leaflets to drivers of company vehicles

3.  Raise the issue at your next Health and Safety Committee

4.  Review your existing smoking policy in consultation with staff

5.  If you have not got a policy on place draft a policy in consultation with staff and put in place before the implementation date of 1 July 2007

6.  Consider assisting staff in giving up smoking

7.  Consider providing a smoking shelter if smoking is allowed on the site

8.  Provide information about giving up smoking in prominent places, canteens, smoking rooms or shelters etc. including details of services available locally

The NHS have set up a special website with a range of downloadable material to assist you. Go to www.smokefreeengland.co.uk/stayinformed/resources.html

Draft No Smoking Policy

To ensure employees are aware of smoke-free legislation and the arrangements in your company you should consider developing a written smoke-free policy for your workplace.
An effective smoke-free policy

·  acknowledges the right of employees to work in a smoke-free environment

·  is concise and simple to understand

·  identifies the members of management and staff who have responsibility for the implementation of the policy

·  identifies the outside areas where people can smoke

·  provides information on how staff who smoke can obtain help to quit smoking

·  what disciplinary action will be taken if staff do not comply with the policy

Your policy should be developed in consultation with and communicated to all members of staff (including new employees before they start work).

The BPIF have a draft Smoke-Free policy. Please contact your Regional Business Centre and ask for a copy to be emailed to you.

Helping staff to give up smoking

The legislation does not require companies to the provide support to smokers who want to stop smoking. The provision of such support however would be recognised as good practice and companies should reap the benefits over the coming months as sickness rates decline and the premature retirement and the premature death of experienced and valuable workers due to tobacco related diseases fall.