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HOW TO DEAL WITH SMOKING
AT WORK
Nicotine is
more addictive than heroine. It’s just nicer to stop smoking than cold
turkey withdrawal symptoms. It was just a half century ago when smoking was
the height of fashion and all the film stars made more money by exploiting
the fact. But that was before they all realised it was killing them.
 Those
who want or need to smoke cigarettes know the risks involved. Those who
crave to quit, know how difficult it is.
Many of our mental health hospitals and units house patients who have smoked
all their lives. You can not simply dictate to them to stop smoking on the
premises just because it’s anti social or it’s bad for your health. They
already know the obvious.
Staffs who
smoke made the conscious decision to do so and more than likely had the
habit before engagement with the employer. The employer would have known
that information before commitment through the health questionnaire and
possible medical. To outright ban smoking on the premises is an infringement
of basic human rights, not forgetting the employer’s responsibility taken on
at induction. This is not to say we condone smoking in any way, we don’t,
but there are better ways to deal with this than simple unthought-of answers
which in the case of some employers especially with the private health
sector, are not well thought out, but rather jumping on the band wagon of
present trend media popularity.
A parrot can be
taught to say “no” from behind a desk. It’s the easiest thing to say. They
don’t even need to say why and that’s why they are the bosses and the
majority of people haven’t quite worked it out so they do as they are told.
However, some people question the actions of others and Suffolk HealthCare
question so called “No Smoking Policies” which contravene human rights.
Any employer has the right to ban smoking on its premises, but no person,
employer or organisation has the lawful right to dictate what people do in
their own time during a break providing it’s legal. To simply banish smokers
to the streets outside the gate is totally outrageous, humiliating and
discriminative.
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The legal position
Under Section 2 of the Health and Safety at Work Act 1974 employers must
protect the health of employees and provide a healthy and safe working
environment. Under the Control of Substances Hazardous to Health Regulations
1994 employers must ensure that wherever possible employees are not exposed
to hazardous substances.
 With
today’s level of awareness on passive smoking it would be difficult for any
employer to argue that they are not in breach of these duties by not
prohibiting smoking at work in all areas except for specifically designated
places where non-smokers have no reason to enter.
Regulation 25(3) of the Workplace Health, Safety and Welfare Regulations
1992 requires that rest rooms and rest areas have suitable arrangements to
protect non-smokers from the discomfort of tobacco smoke, such as separate
rest facilities or the prohibition of smoking at these places. The HSE have
published an Approved Code of Practice on Smoking.
What UNISON wants from
employers
Sensible no smoking policies – an
employer recently attempted to increase the working week for employees who
took smoking breaks by requiring them to work an extra half hour each day.
Directly attacking employees conditions of services is not a helpful
approach and is one which UNISON will continue to oppose
Consultation with safety representatives
and branches over the introduction and content of such policies - since this
is a health and safety issue there is a right to consultation. The HSE
recognises that full in-depth consultation with employees and their
representatives is high desirable for the smooth implementation of smoking
policies
Smoke free work areas with good
ventilation
Non-smoking rest rooms
Where appropriate, decent and well
ventilated smoking rooms - with a separate ventilation system so that smoke
is not re-circulated into the rest of the building
Stress free work so that smokers are not
driven to smoke
Help for smokers who wish to cut down or
give up - this could include paid time off and the cost of attending
sessions which help smokers to give up, and payments for nicotine patches.
We ask all responsible employers to
designate special areas which are clean and safe for smokers, whilst at the
same time ensuring the safety for those who do not crave for the next puff,
which in turn maintains dignity and safety.
See here for UNISON's worksheet on
smoking at work Dec 2005 |
