Human Resources - No smoking (L1630)

1.0 Summary of Changes

1.1 This protocol has been updated on its 2 yearly review as follows:

• Statistics detailed have been verified to ensure the protocol remains up to date;
• All information contained within the protocol has been verified to ensure it remains accurate and up to date.
• Following departmental changes, “Employee Relations Manager” has been replaced with “HR Delivery Manager” where appropriate.
• Section 8.2 and 8.3 updated to reflect “Kent Police” have also been included in this joint protocol for a number of years.

1.2 It must be read by all police officers, police staff, PCSOs and Special Constables. All staff who deal with visitors to police buildings must ensure they also comply.

2.0 What this Protocol is about

2.1 The Health Act 2006, which came into force during the summer of 2007, banned smoking in all public buildings and enclosed places throughout the country.

2.2 For Essex Police and Kent Police this means that the act, designed to protect non-smokers from the effects of passive smoking, prohibits smoking in all Essex Police and Kent Police buildings and vehicles.

2.3 The legislation grants the power to Local Authorities to enforce the smoking ban in enclosed or substantially enclosed public spaces.

2.4 Due to the increase in popularity in Britain – 3.2 million adults currently use electronic cigarettes; there is a need to provide some guidance/structure around their usage in the workplace.

Compliance with this protocol and any governing policy is mandatory. This protocol is not, nor is it intended to be, contractual.

3.0 Detail the Protocol

3.1 Smoking; which includes the use of electronic cigarettes (e-cigarettes) and vaporizers within enclosed Essex Police and Kent Police premises, including smoking in vehicles, in and around entrances and exits to buildings will not be permitted. Those individuals who continue to smoke in such places after the ban is in force may be subject to, not only a fine in accordance with the legislation, but also, to disciplinary action.

3.2 Both Forces recognise that e-cigarettes and/or vaporizers are used as a method to “give up” smoking and staff using such methods are not required to attend designated smoking areas, however they are required to adhere to paragraph 3.1 above.

3.3 All staff are reminded that this protocol applies not only to police vehicles but to hire vehicles that are used by more than one person.

3.4 The Act also contains requirements for signage to be clearly displayed and enforcement mechanisms that provide for the prosecution and/or fining of individuals and companies who fail to adhere to the legislation.

3.5 Signage for Essex Police and Kent Police owned vehicles remains the responsibility of Transport Services.

3.6 Signage for Essex Police and Kent Police buildings are the joint responsibility of the Estates Department and Business Services in Kent.

3.7 Officially designated smoking areas will be selected and publicised by the force.

3.8 In designated smoking areas, those responsible should be mindful of the following:

• Wherever possible smoking areas should be designated following discussion with staff associations and Unison;
• Designated smoking areas should not be located:
  o Close enough to buildings so that smoke may enter through doors, windows or other openings;
  o Close to main pathways or access or egress points to or between buildings;
  o Near to fuel stores or property stores that contain flammable liquids or materials;
  o So far away from the workplace that it becomes impractical for a smoker to take a smoking break;
  o So that it encourages groups of smokers to congregate in areas easily viewed by members of the public;
  o So as not to create additional workplace safety hazards for either the users of designated areas or those who may have to pass in close proximity to the designated area.

3.9 There is no requirement to provide smoking shelters on Force premises.

3.10 Subject to paragraph 3.12 below, individuals who smoke outside designated areas will, in the first instance, be reminded of the smoking ban and will be expected to adjust their behaviour.

3.11 Having received one reminder, a member of staff who subsequently smokes in breach of the ban or this protocol may be subject to management action, including disciplinary action.

3.12 In applying this protocol, managers are reminded that some sites, such as the main headquarters sites in Essex and Kent, consist of both private and public areas, such as footpaths. Neither Essex Police nor Kent Police would seek to take any action against individuals smoking in public areas.

3.13 Smokers who wish to give up may be able to obtain help or advice from Occupational Health and via NHS Smoking at www.nhs.uk/smokefree. Help can also be obtained from Quit – a national charity – on 0800 00 22 00, alternatively a free information booklet can be obtained from [email protected].

3.14 Alternatively, advice, guidance and in some cases, nicotine replacement therapy can be obtained from the following links: www.quit.org.uk and www.nhs.uk/smokefree.

3.15 Custody Suites and Exercise Yards

3.15.1 Detainees are not permitted to smoke or use ‘electronic cigarettes’ within custody suites (including exercise yards). Custody officers will seek advice from a Forensic Nurse Practitioner in Kent and a Health Care Professional in Essex if a detainee requests nicotine substitutes.

4.0 Equality Impact Assessment

4.1 This protocol has been assessed with regard to an Equality Impact Assessment. As a result of this assessment it has been graded as having a low potential impact as the proposals in this protocol would have no potential or actual differential impact on grounds of age, sex, disability, race, religion or belief, marriage and civil partnership, sexual orientation, gender reassignment and pregnancy and maternity.

5.0 Risk Assessment

5.1 Managers are reminded of the need to update their written risk assessments for premises and vehicles in line with normal review procedures/protocols.

6.0 Consultation

6.1 The following have been consulted during the formulation of this document:
• Unison – Essex Police and Kent Police
• Federation – Essex Police and Kent Police
• Superintendents Association – Essex Police
• CJD – Essex Police and Kent Police
• Legal – Kent Police
• FOI – Kent Police
• Health and Safety – Kent Police
• HR – Kent Police
• Financial Services - Joint

7.0 Monitoring and Review

7.1 This protocol will be reviewed every two years by, or on behalf of, the HR Delivery Manager to ensure it remains fit for purpose and in line with legislation.

8.0 Governing force policy

Related force policies or related procedures/protocols

8.1 This HR protocol supports the overarching HR policy L1.
• L 1 Policy – Human Resources
• L 11340 Protocol - Work Life Balance
• E 0104 Procedure – Post Reception Detainee Care – section 3.16 (Kent only)

8.2 Data Security

Essex Police and Kent Police have measures in place to protect the security of your data in accordance with our Information Management Policy – W 1000 Policy – Information Management.

8.3 Retention & Disposal of Records

Essex Police and Kent Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.
We will only hold data for as long as necessary for the purposes for which we collected.

9.0 Other source documents, e.g. legislation, Authorised Professional
Practice (APP), Force forms, partnership agreements (if applicable)

• Email: [email protected] 
• Websites: www.quit.org.uk, www.nhs.uk/smokefree and www.ash.org.uk.

Protocol Author: HR Business Partner
Protocol Owner: HR Delivery Manager