|
|
|
|
Smoking and Schools Smoke free England 1st July 2007 What it means for schools A law requiring smokefree environments in workplaces and public places comes into effect at 06.00hrs Sunday 1st July 2007. This legislation ensures that workers, including those in schools, are protected from the risks to health from tobacco smoke and are guaranteed their right to work in a smokefree environment. (NOTE: Regulations will clear the parliamentary process in March. Whilst we do not expect any changes, this guidance should be regarded as interim and may be subject to alteration) Which schools are covered by the legislation? The legislation covers all schools. It means that indoor smoking rooms and smoking in works vehicles used by more than one person will no longer be allowed. Smoking will not be allowed in ‘substantially enclosed’ structures. What do ‘enclosed’ and ‘substantially enclosed’ mean? Enclosed: the premises has a roof and is wholly enclosed by walls. It includes temporary structures such as tents and marquees. Substantially enclosed: the structure has a ceiling or roof and openings in the walls represent less than 50% total wall area. (Doors and windows are regarded as closed) This is called the ‘50% rule’. For more detailed information click onto www.smokefreeengland.co.uk. What will the legislation mean in practice? It requires head teachers and schools governors to: · Ensure all enclosed and substantially enclosed premises and work vehicles used by more than one person are smokefree · Display required ‘No-smoking’ signage at all public entrances of the school and in work vehicles. The required signage will be available free by registering at www.smokefreeengland.co.uk. · Take reasonable steps to ensure that staff, students and visitors are aware that the premises is legally required to be smokefree and that everyone complies with the law. Does the legislation cover grounds? The legislation does not include outdoor areas. However, the site may already be designated ‘smoke free’. In addition, if you have been awarded National Healthy School Status or are working towards it, the Status requires outdoor areas to be smokefree. All local authorities were notified of the following minimum requirement through the National Healthy Schools Status audit: for the Standard in December 2006: · The school is a smokefree site or plans are in place for it to be so by summer 2007 (exception: caretaker’s house) · Children/young people, staff, parent/carers and governors have helped in the development of the smokefree site. · The school is proactive in providing information and support for smokers to quit. There is help available to assist you in complying with the legislation and the smoke free requirements of the Healthy School Status from your NHS Primary Care Trust’s local tobacco control lead. For more information on Smoke Free Warwickshire's projects on smoking and young people, please contact the Tobacco Team on 0800 085 2917. Why make school grounds smoke free when it is not required by legislation? · It gives a powerful message to children and young people that smoking is socially unacceptable · It contributes to the development of a health promoting school · It strongly reinforces the school’s health education programme · It means that young people may not be exposed to smoking behaviour for most of the day · It encourages young people not to start smoking and helps smokers to quit and stay stopped · It makes your school eligible for the National Clean Air Gold Award
The legislation does include potential powers for the government to make outdoor places smoke free, however it currently is focussing on ensuring enclosed and substantially enclosed places are smoke free. If there is significant risk that people are exposed to tobacco smoke outdoors it may review its policy regarding these areas. Many organisations are already making their sites smoke free, including many hospitals and Football League sports stadia. Do schools have to provide smoking breaks or outside smoking areas? No on both counts. By law, employers must give staff an uninterrupted rest break of 20 minutes when their daily working time is more than six hours. (For staff under 18 this is a half hour break after four and a half hours.) Staff can, of course, smoke during their rest period, if they choose, but they must not smoke in an enclosed or substantially enclosed area. As an employer you must decide whether or not to permit smoking elsewhere on your premises e.g. in open car parks, grounds, or shelters and you should indicate where smoking is allowed in your smoking policy. (If you have the National Healthy School Standard, smoking will not be allowed on the school site, with exception of caretaker’s house) Most schools and colleges adopt a ‘whole site’ approach and do not allow staff to smoke on the premises. Any existing smoking rooms will have to close. What should be included in a smoke free policy? A successful policy does the following: · Acknowledges the right of employees to work in a smoke free environment · Consults with all those affected by the policy · Identifies management and staff with responsibility for implementation of the policy · Provides information for staff and students on help to quit smoking · Communicated to all staff and students that from 1st July 2007 it will be illegal to smoke in enclosed and substantially enclosed premises · Identifies outside areas for people who choose to smoke · Describes how to deal with non-compliance · Indicates how it fits within the schools’ existing health and safety and disciplinary policies. What are the penalties for non-compliance? Responsibility for compliance rests with school personnel accountable for complying with legislation: · Failure to display required no smoking signs a £200 fixed penalty notice · Smoking in a no-smoking place a fixed penalty notice of £50 · Failure to prevent smoking in an enclosed or substantially enclosed place: up to £2500 and a court case. What help is there help for people to stop smoking? The NHS offers a wide range of excellent, free and easily accessible support for smokers including local NHS Stop Smoking Services, the Together Programme, the NHS Smoking Helpline, 0800 169 0 169, and nicotine replacement therapy (NRT) and other pharmaceuticals on prescription. Where can I get signage and resources? Log onto www.smokefreeengland.co.uk or phone the Smoke free England Information Line 0800 169 1697 and register for the latest updates including FREE signage and resources. |
|
Send mail to
smokefreewarwickshire@nhs.net with questions or comments about this web
site.
|
