Health and Safety standard

Smoking standard Final Feb 2015 V2 (PDF)

Smoking

Date of Approval February 2015 Expiry Date

February 2018

(minor amendments made in December 2016 post-audit)

Author and Lead Kate Lindsell, Assistant Director of HR (Safety, Health and Wellbeing)
Aims

This standard sets out the University rules and arrangements for compliance with the Smoke-free Regulations (2007) introduced to address smoking at work and to control exposure to environmental tobacco smoke whilst at work.

 

The University is committed to complying with the Smoke-free (Premises and Enforcement) Regulations and associated Regulations introduced on the 1st July 2007.

 

This Smoking Standard also includes provision for general rules around the use of electronic cigarettes Shisha and any other product or substance that produces vapour or smoke as a by-product. The use of these items is prohibited inside all buildings, including residences. This is to ensure that fire alarms / false alarms are not increased.

 

The overarching aim of this standard is to encourage a sensible approach to smoking / vaping and to accommodate the views of both smokers and non-smokers. However, it is recognised that smoking is detrimental to health and the University will continue to promote the culture of wellbeing and a smoke-free University.

 

To achieve this the University will:

a) Prohibit smoking / vaping in any non-residential premises managed by the University or on behalf of the University including restaurants, bars and other licensed premises.

 

b) Prohibit smoking / vaping in all student accommodation in University residences or residences managed on behalf of the University. These restrictions apply to private study bedrooms and all shared areas such as corridors, stairways, rest rooms, kitchens, entrances or reception areas.

 

c) Prohibit smoking within a 5m boundary (or further if outlined by designated extended smoke-free areas) of the exterior of all university buildings. These include buildings that are owned or managed by the University, and any managed by others on the University grounds and managed by a third party. For building(s) owned or managed by the University but located on grounds owned or managed by a third party, (a) and (b) apply to the building(s) and the smoking standard of the third party applies to the grounds (where smoking may be prohibited entirely).

 

d) Prohibit smoking / vaping in any University-managed vehicle or vehicle hired for business purposes. These restrictions also apply to private vehicles used on University business when there is more than one person being carried in the vehicle.

 

e) Display appropriate ‘No smoking’ signs at the entrance to and within premises and also in vehicles. Although every effort will be made to sign no-smoking areas, the absence of a no-smoking sign cannot be taken to indicate that smoking is permitted.

 

f) Empower occupants of buildings via the relevant College / Professional Services Health and Safety Committee or suitable equivalent, with input from the Director of the Building to designate extended smoke-free external areas (greater than 5m from the exterior of buildings) where environmental tobacco smoke could be drawn into the building and cause nuisance to occupants. These would be extended a suitable distance away from buildings to avoid smoke drifting through open doors or windows or people having to pass through a smoking area to access a building.

 

g) Inform staff and students that cigarette waste should be disposed of properly and considerately in a safe manner.

 

h) The University is able to offer advice and assistance to individuals who encounter difficulty in complying with the policy or who wish to stop smoking altogether. Staff wishing to take up this service should contact the Occupational Health Department. Students should contact the Student Wellbeing Centre.

 

Scope

This standard applies at all times and to all employees, students, visitors, contractors and others who work at, study at, or visit the University premises.

 

The standard applies to all buildings in the ownership of the University (whether on or off campus) or leased by the University and to University-owned vehicles.

 

Exemptions

Performers: Where smoking / vaping can be proven to be integral to the performance, subject to a risk assessment and by prior arrangement with the venue manager / Building Director, smoking / vaping can be permitted on stage, meaning that part of the premises is not smoke-free in relation to that person during her/his performance. Rehearsals and all offstage areas are excluded from this exemption.

 

Research and testing: Research which requires the use of lit cigarettes or e-cigarettes in a designated room in a research or testing facility.

 

Any member of staff, student or visitor wishing to exercise an exemption, must apply for permission to ensure that all the necessary fire safety provisions and building management requirements are taken into account (see section 6).

 

The University will consider each individual application on a case –by-case basis and has the right to refuse an application for exemption where it is reasonably foreseeable that this would increase the risk to the health, safety or wellbeing of any person.

 

Definitions

Extended Smoke-Free External Areas

 

Where environmental tobacco smoke is drawn into a building and causes a nuisance to occupants the University Directors of Buildings can designate areas as an extended smoke free external area by increasing the smoke-free boundary from the normal 5m perimeter to a wider area (locally determined).

 

Enclosed and substantially enclosed premises

 

The Smoke-free (Premises and Enforcement) Regulations define enclosed and substantially enclosed premises as being:

 

“Premises which have a roof or ceiling and have more than half of the area enclosed by walls or other structures that serve the purpose of walls and constitute the perimeter of the premise.”

 

Enclosed vehicles

 

Enclosed vehicle and any enclosed part of a vehicle is smoke-free if it is used:
(a) by members of the public or a section of the public (whether or not for reward or hire); or


(b) In the course of paid or voluntary work by more than one person (even if those persons use the vehicle at different times, or only intermittently).

 

Vape(s)

An electronic cigarette or similar device.

Vaping

A person using an electronic cigarette or similar device.

Relevant Legislation The main aspects of the Smoke-Free Regulations are to ban smoking in enclosed public places, workplaces and public and work vehicles. Other implications are a requirement to sign premises and vehicles and the creation of new offences of smoking or failing to prevent smoking (for those that control or manage premises and vehicles) in smoke-free premises and vehicles.
Responsibility for implementation Campus Services
Directors of Buildings
Residency Managers
All managers
Drivers
All staff and students who smoke / use electronic cigarettes or vaporisers
Training availability:

University induction

Standard to meetAccountabilityReference documents and more information
1.

Prohibited smoking / vaping areas


This also includes the use of electronic cigarettes, Shisha and any other product or substance that produces vapour or smoke as a bi-product. The use of these items is prohibited inside all buildings including residences.

 

a) Smoking / vaping is prohibited in any non-residential premises managed by the University or for the University including restaurants, bars and other licensed premises.

 

b) Smoking / vaping is prohibited in all student accommodation in University residences or University-managed residences managed on behalf of the University. These restrictions apply to private study bedrooms and all shared areas such as corridors, stairways, rest-rooms, kitchens, entrances or reception areas.

 

c) Smoking is prohibited within a 5m boundary of the exterior of all University buildings and vaping is prohibited within a 2m boundary. These include buildings that are owned or managed by the University, and any managed by others on the University grounds. For building(s) owned or managed by the University but located on grounds owned or managed by a third party, (a) and (b) apply to the building(s) and the smoking standard of the third party applies to the grounds (where smoking may be prohibited entirely).

 

d) Smoking / vaping is prohibited in any University-managed vehicle or vehicle hired for business purposes. These restrictions also apply to private vehicles used on University business when there is more than one person being carried in the vehicle.

 

All employees, students and contractors are required to comply with this standard and comply with any smoke-free policies in place in other premises when carrying out University business.

All employees, students, contractors  
2.

Training and information

Students
Students will receive specific information about rules in the Halls of Residence as part of the online induction and the university student handbook.

 

Staff
All staff will receive information regarding the University Smoking Standard within staff Induction.

 

Managers will Inform staff and those under their control that they must comply with the Standard. Managers should consider giving this information to all new staff during local induction.

 

All staff are empowered to politely ask a smoker within a smoke-free area to desist, or report concerns to a manager.

Vehicles


Those with control over University vehicles must ensure that employees using such vehicles comply with the standard. Deal with any observed or reported breaches of the standard in liaison with HR Services as required.

Residential Services

Managers

All staff

Vehicle managers

3.

Signage


Campus Services will ensure that there are suitable “no smoking” signs displayed in and around buildings as required.

 

Colleges and Professional Services management teams shall request any additional signage / new signage required from Campus Services.

Campus Services

Colleges / Professional Services

 
4.

Waste ( smoking debris)


All staff and students who smoke will ensure that litter created as a result of smoking (such as packaging and cigarette ends) is disposed of appropriately (designated cigarette bins etc.) to ensure that littering the campus is avoided. Persons who fail to dispose of smoking debris following an initial warning could be subject to further disciplinary proceedings.

All staff & students who smoke  
5.

Fixtures, fittings and signage


The Director of Buildings will ensure that suitable signage and any necessary waste receptacles are in place for buildings under their management. Ensure that where ashtrays and bins are provided for debris, these are sited 5m away from the building, so far as is reasonably practicable.

 

Campus Services will ensure that ashtrays / bins are emptied as required.

 

Campus Services will ensure that any installations are erected / fitted. This should be arranged by the Director of Buildings. 

Director of Building

 

Campus Services

‌‌

 

 

6.

Extending Smoke- free external areas


Head of Colleges / Professional Services should fully consider any requests to designate extended smoke-free external areas.

 

Once considered, liaise with the Director of Buildings and agree any extended designated smoke-free areas and make any necessary arrangements for the ongoing management of this status (this may include signage, waste bins or smoking shelters away from the building etc).

College / Professional Services

College / PS Health and Safety Committees (Chair)

 
7.

Exemption approval


Any member of staff, student or visitor wishing to exercise an exemption, must apply for permission by email to the Director of Buildings. The Director of Buildings will consider any application and discuss the application with Campus Services and the Fire Safety Team to ensure that all the necessary fire safety provisions and building management requirements are taken into account. The Building Director will contact the applicant and let them know the decision that has been made and any conditions required.

 

The University has the right to refuse an application for exemption where it is reasonably foreseeable that this would increase the risk to the health, safety or wellbeing of any person.

Director of Buildings  
8.

Events - Visitors


Any member of staff who has a role in running events on the Campus will ensure that visitors are given information about the smoking / vaping rules for the campus. This could be achieved via the written contract or signage in appropriate areas during the event. The event coordinator / manager will decide on the most suitable methodology.

Event Manager / Coordinator ‌‌
9.

3rd Party Tenants


Where accommodation space is rented to 3rd Party tenants within the University campus, the prohibited smoking areas will apply. 3rd Party occupiers are required to enforce this standard to their directly employed staff.

 

3rd party tenants

 

10. 

Employees working other premises / campuses


All employees who visit or work at other premises or campuses (such as the RILD, Penryn etc.) must follow the site-based smoking policies that have been set in those areas.

 

   
11.

Failure to comply


Staff and students breaching this policy may be subject to relevant internal University disciplinary procedures;

 

Enforcing the Standard in general campus areas


a. People smoking /vaping in prohibited areas should be politely asked to desist.

 

b. refusal to desist is unacceptable and should be reported to the manager of the area/college/service or Residency Manager.

 

c. for staff and students, refusal to desist will constitute a disciplinary offence. For a first breach of the policy, staff and students will be reminded of the requirements of the policy, directed towards support for smoking cessation and advised that any further infringements may result in formal disciplinary action.

 

d. Visitors and contractors who refuse to desist should be politely asked to leave the building or area (with the assistance of security staff if necessary).

 

Those who do not comply with the smoke-free laws are also liable to a fixed penalty fine or possible criminal prosecution issued by local authorities.

 

Enforcing the Standard in Residences (inside buildings)

 

a. Any person smoking / vaping inside a residence should be reported to the Residence Management Team or Residence Life Team

 

b. Any smoking / vaping in residence will constitute a disciplinary offence under the University of Exeter’s Disciplinary Procedures.

 

c. Smoking / vaping on balconies is not allowed and will be treated as smoking inside the building.

 

d. Residents are required to smoke at least 5m from the building and 2m for vaping - the standard for smoke free zones on the general campus applies to residential buildings

 

e. Residents are responsible for the conduct of their visitors under the terms of their accommodation agreement. Any breach of this policy by a visitor may result in disciplinary action for the resident.

 

Those who do not comply with the smoke-free laws are also liable to possible criminal prosecution issued by local authorities.

 

   
12.

Smoking Cessation

The University will provide support to staff and students who wish to stop smoking.

 

Staff should contact the Occupational Health Service or their own GP.

 

Students should contact the Sport and Wellness Development Officer (via the Sports Park), the Student Health Centre or their own GP.

 

Occupational Health Service

 

Sport and Wellness Advisor

Occupational Health webpages

 

Contact the Sport and Wellness Officer

Standard monitoring and measurement criteria

Annually the Standard Lead(s) for the Smoking Standard will carry out a review to ensure that all elements of the Standard are being implemented effectively across all aspects of the Standard. A summary of compliance will be reported to the Health and Safety Committee annually. Specifically the following will be measured:

1.

From a sample of no less than 20 buildings across all campuses, there is satisfactory signage in place which displays the rules in the area for smoking.

2.

From a survey of all College and Professional Services Safety Leads (ACMi’s) identify any issues with the process for designating additional smoke free areas (greater than 5m) on the exterior buildings or any particular areas that have caused concerns and a summary of the action taken and its effectiveness.

3.

In a sample 20 buildings across the UoE campuses (excluding Penryn) verify cigarette waste is managed and is not leading to an environmental impact or fire hazard.