Smoke-Free Policy Template
06 May 2020 - Flaaim
[Company] are responsible employers and we take our obligations to our employees very seriously. This is why we have set out this policy to help us ensure the health, safety and welfare of our employees and to help us comply with our legal duties. Smoking does not only cause serious damage to the health of smokers, but research has also shown that second hand smoke causes cancers, heart and respiratory diseases in non-smokers as well.
- Section 2(2)(e) of the Health and Safety at Work Act 1974 places a duty on employers to provide a safe and healthy working environment.
- Section 2(2) of the Health Act 2006 prohibits smoking in all public premises including workplaces and vehicles.
Aims of the Policy
This policy aims to:
- Provide a safe and healthy working environment for all staff, sub-contractors, [clients], customers and visitors;
- Comply with all of the requirements imposed by law;
- Raise awareness of the dangers associated with tobacco smoke;
- Guarantee the right of non smokers to breathe air free of smoke; and
- Support staff who wish to give up smoking.
Restrictions on Smoking
- [Smoking is not permitted in any of the Company’s premises, entrances, or grounds at any time by any person irrespective of their status in, or business with, the Company.]
[Smoking is not permitted within the Company’s premises, except in certain designated outside areas. Employees may smoke only in [state where permitted areas are located]. The Company provides bins for smokers to dispose of cigarette butts and other smoking waste at all outside locations where smoking is allowed.
- All visitors, customers, contractors and deliverers are required to abide by the no smoking policy. Staff must inform all of the above of the policy although it must be stressed that staff should not put themselves at any risk in furtherance of this policy.
- Smoking is not permitted in any company vehicles or in any vehicles being used or hired for Company business.
- Homeworkers are not required to refrain from smoking during the course of work that is carried out for the Company in their home, unless they invite others into an area of their home for work purposes.
- No smoking signs must be displayed by the Company in all of its premises and vehicles.
- Smoking on Company premises or in Company vehicles constitutes an offence under the Health Act. If a member of staff does not comply with the Company’s No Smoking Policy, disciplinary action will be taken in accordance with the Company’s disciplinary policy. Additionally, employees are reminded that it is a criminal offence for employees to smoke in smoke-free areas, with a fixed penalty of £50 or prosecution and a fine of up to £200
The Company acknowledges that some employees may wish to make use of electronic cigarettes (“e-cigarettes”) in the workplace, particularly as an aid to giving up smoking. E-cigarettes (sometimes also referred to as personal vaporizers (PV) or electronic nicotine delivery systems (ENDS)) are battery-powered products that release a visible vapour that contains liquid nicotine that is inhaled by the user.
- [Although it is not a legal offence to smoke e-cigarettes in a public place, the Company prohibits the use of e-cigarettes in the workplace. This is because, even though they do not produce smoke, e-cigarettes release a vapour that could provide an annoyance or health risk to other employees. In addition, some e-cigarette models look like real cigarettes, which makes the Company’s smoking ban difficult to police.
- Employees wishing to smoke e-cigarettes must do so off-site at break times.]
[The Company allows employees to use e-cigarettes in [the workplace] OR [in certain designated areas outside. These areas are «state where permitted smoking areas are located» [provided that they get the prior agreement from «state name of individual e.g. their line manager»].
Support for Smokers
- Reasonable requests from staff for time to attend smoking cessation groups will be treated sympathetically.
- [individual] is responsible for maintaining the policy and will provide staff who wish to give up smoking with details of where to seek help.
- All requests for help will be treated in the strictest confidence. Information will be processed in accordance with the Company’s Data Protection Policy.
- Nothing in this policy should be taken as excusing an employee if their conduct falls within the scope of the Company disciplinary procedures.