SMOKING BAN 2007

Implications for Schools and Other Premises where Teachers Work

Introduction

As of 1 July 2007 in England, smoking is banned in all enclosed and ‘substantially enclosed’ public places and workplaces. This means premises that have a ceiling or walls at least half the way around, including doors and windows. Smoking rooms are no longer permitted under the new regulations.

The smoke-free provisions of the Health Act 2006 cover not only tobacco in cigarettes, pipes and cigars, but also herbal tobacco. These are all prohibited when lit, even if the person is not smoking at the time.

The new regulations require employers to put up ‘no smoking’ signs or face a fine of £200, or £150 if the penalty is paid within 15 days from when the notice is issued. The sign must carry the following words that can be easily read ‘No Smoking. It is against the law to smoke in these premises’. The words ‘these premises’ may be changed, for example, to refer to ‘this school’ or the name of the particular school. The international no-smoking symbol is not sufficient if, as in the case of schools, people other than staff use the premises.

Anyone who breaches the smoking ban faces a maximum fine, on conviction, of £200. Where a fixed penalty procedure is used, the fixed penalty is £50, with a discounted amount of £30, if the penalty is paid within 15 days of the notice being issued.

Why has the Smoking Ban been Introduced

Second-hand tobacco smoke is a major cause of heart disease, and lung cancer amongst non-smokers who work with people who smoke. It is estimated that around 700 workers a year die as a direct result of second-hand tobacco smoke in their workplace.

Second-hand smoke is also responsible for many thousands of episodes of illness. For example, Asthma UK reports that it is the second most common asthma trigger in the workplace. Eighty-two per cent of people with asthma say that other people’s smoke worsens their asthma and 1 in 5 people with asthma feel excluded from parts of their workplace where people smoke.


Around a quarter of workers smoke, although not necessarily in the workplace, where there has been a steady move towards smoking restrictions over the past twenty years. As a result most workers, including teachers, already work in a “smoke-free” environment. However, around two million people in Great Britain still work in workplaces where smoking is allowed somewhere on the premises. Nicotine is extremely addictive and many smokers find adjusting to smoking restrictions difficult.

Negotiation of ‘No-Smoking’ Policies

The NUT believes that the implementation of this new law should be done in a sensitive way, so as to eliminate employee exposure to tobacco smoke without victimising smokers.

The aim of a no-smoking policy should be:

In order for this to happen, policies need to be negotiated between the employer and recognised trade unions, including the NUT. Policies which meet the requirements of the new law may, however, already be in place, in which case no action will be needed.

Support for smokers who want to give up

Helping smokers to give up if they wish is an essential element of a successful smoking policy. It is recommended that employers work with local NHS Stop Smoking Services on this (contactable through the local Primary Care Trust). Ideally this should be offered both in the period leading up to the implementation of a smoking ban, as well as after. There are various ways of doing this:

Appointment procedures

The NUT is opposed to smoking policies which state that the employer will not employ smokers. If smokers restrict their smoking to comply with the employer’s policy, and the law, there is no reason why their smoking habit should effect their work.

Smoking breaks

Research shows that smoke-free workplaces help smokers to give up or reduce the amount they smoke. Some people, however, will still want to smoke during working hours and many will find it very difficult to cut down or stop completely. Each organisation will deal with this issue differently, depending on the culture and the nature of the work. However, from summer 2007 no smoking can take place at all inside an enclosed building, so any permitted smoking area will have to be outside. If it is to be outside, then provision will have to be made for ash and cigarette ends.

If smoking is permitted outside a building, in designated areas, policies will need to consider whether to specify how often and for how long smokers may take breaks. This is unlikely to be a controversial issue in schools since most have totally banned smoking in school premises and grounds anyway and opportunities to take cigarette breaks will be largely governed by the school timetable.

Teachers who are centrally employed and based in Council offices are likely to be affected most by restrictions on smoking outside the premises since some Councils may seek to introduce exclusion zones of a certain number of metres around all Council-owned premises.

Whilst recognising that smoking at the entrances to Council buildings may not project the right image and may lead to cigarette ends littering the area, the NUT recommends that employers do seek to accommodate smokers’ needs without compromising the health of non-smokers. It is particularly important that employees should not be permitted to smoke anywhere where smoke can blow back into the building through windows and doorways.

Teachers are entitled to leave the premises during their lunch break and, if they choose to do so, the employer cannot seek to prevent them from smoking. It would, however, be reasonable to expect teachers not to smoke at the school gate since this would send the wrong messages to pupils.

Teachers who make home visits

Workers visiting clients in their home are not directly covered by the provisions of the Health Act 2006. Nevertheless, the NUT believes that teachers should be protected when visiting pupils in their own homes. This is best achieved by employers setting out in advance conditions for such visits. For example, families could be told not to smoke during any pre-arranged visit and for a certain period of time beforehand.

School Minibuses

No smoking should take place in any vehicle owned, or hired, by schools or local authorities, since such vehicles fall within the definition of enclosed workplaces. This is the case whether or not pupils are present. The NUT does not anticipate that the application of the smoking ban will cause problems in this area, since this will, in most cases, be established practice.

The only exception to this rule is if a work vehicle is only ever used by one person, with no passengers. This will, of course, not be the case with school minibuses.

There is, of course, nothing to prevent teachers smoking in their own private vehicles.

School Visits

Many school visits will be to places which are either defined as public places, enclosed workplaces, or both. Teachers who do wish to smoke, particularly during residential visits, will need to clarify in advance where smoking will be permitted. Designated smoking rooms are permitted within hotels, at the discretion of the proprietor. They must be clearly marked as rooms in which smoking is permitted. Dormitories must always be smoke free.

 

For more information see www.dh.gov.uk

or www.smokefreeengland.co.uk .