/Policies and guidelines/Smoke free policy

Smoke free policy

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Policy owner: John Glynn, Health and Safety Officer and Rebecca Mazur, Health and Safety Officer
Corporate lead: Bryan Machin, Executive Director of Finance and Resources
Document version: V3
Document status: Final
Date approved by Clinical and Corporate Policies Group (CCPG): 18 December 2020
Date ratified by SMT: 23 December 2020
Date issued: 24 December 2020
Next review date: December 2023
Policy number: PL263

Executive summary

This policy takes positive steps to control smoking within the Leeds Community Healthcare NHS Trust (LCH) workplace. The aim is to ensure that all patients, staff and visitors who work, visit and/or receive patient care, do so in an environment that is healthy, clean and pleasant.

The policy is written to ensure LCH meets the legal requirements of the smoke free legislation laid out in The Smoke-free (Premises and Enforcement) Regulations 2006 and the Health Act 2006 (Part 1).

Equality analysis

Leeds Community Healthcare NHS Trust’s vision is to provide the best possible care to every community. In support of the vision, with due regard to the Equality Act 2010 General Duty aims, equality analysis has been undertaken on this policy and any outcomes have been considered in the development of this policy.

1. Introduction

The Smoke-free (Premises and Enforcement) Regulations 2006 state that all enclosed premises and company vehicles are to be smoke free without exception. LCH has a statutory duty to display signage to inform the public and to enforce these
Regulations.

This policy has been developed to protect all employees, service users, customers and visitors from exposure to second-hand smoke and to assist compliance with the Health Act 2006.

This policy applies to all employees of the trust in all locations including non-executive directors, temporary employees, locums and contracted staff, It is also applicable to patients and visitors to the trust.

2. Aims and objectives

The aim of this policy is to:

protect all employees, visitors and members of the general public who access any site or enter any establishment or enclosed space owned or used by the trust for any undertaking whatsoever, from exposure to second hand smoke. (To include any site or establishment currently sublet, rented or leased from Leeds Community Healthcare, to other government or NHS organisations)
ensure legal compliance
encourage a healthier workforce that recognised the benefits of a smoke free environment
ensure that all staff, patients and visitors including contractors clearly understand their obligations.

3. Definitions

For the purpose of this Policy the following definitions are made:

Smoking is defined as being in possession of a lit substance such as tobacco or any other substance that can be smoked. This includes any type of cigarette, pipe, cigar or water pipe used to smoke tobacco.

Electronic cigarettes (e cigarettes) Any electronic device designed for, or capable of, producing a vapour, smoke or fume from a range of additives by introducing the substances to a heating element. The intention is to directly inhale the products into the respiratory system. The devices are usually, although not restricted to, battery operated (standard or re-chargeable). The term “use of” denotes operation, including charging of any device.

Vaping: The use of an e-cigarette.

4. Responsibilities

All staff employed by Leeds Community Healthcare NHS Trust must work in concordance with the Leeds Safeguarding Multi-agency policies and procedures and local guidelines in relation to any safeguarding concerns they have for service users and the public with who they are in contact.

4.1 Chief executive

The Chief Executive has overall responsibility for safety and welfare for LCH staff, patients and visitors.

4.2 Directors

Directors must:

raise the profile of the smoke free policy at board level
ensure that managers are aware of the policy and are supported in enforcing the policy with staff
comply fully with the policy and provide a suitable role model for staff, clients, service users, contractors, visitors and patients.

4.3 All managers

Managers are responsible for taking appropriate action if staff breach this policy.

4.4 Staff

All staff have a duty to ensure they understand the requirements of the policy, comply fully with it and provide a suitable role model for staff, clients, service users, contractors, visitors and patients.

4.5 Workforce directorate

Workforce directorate are responsible for:

ensuring all job advertisements include a statement that LCH operates a smoke free policy
informing all new employees of the requirements of the smoke free policy as part of their induction to the organisation.

5. Smoke free policy statement

There will be no smoking including e-cigarettes in any buildings, grounds, rented or leased, sublet or used by Leeds Community Healthcare NHS Trust. Smoking inside cars whilst parked on LCH Trust property is prohibited. Smoking will not be permitted whilst on trust business either within or outside of LCH Trust sites and premises, including transporting staff and students. Where members of staff smoke in a public place they must ensure that their uniform/lanyard ID is covered and it is not otherwise apparent that they are an NHS employee.

Should an individual or group of individuals infringe this policy, action will be taken by their line manager. Such action may include signposting staff to organisations or information that can provide advice and support, for example, One You Leeds (appendix 2). All breaches of this policy are to be recorded through the incident reporting process.

For persistent breaches of the policy, the manager will refer to LCH disciplinary policy and take action as appropriate.

6. Staff working within the community

Staff providing services in the homes of patients should be able to do so in a safe and smoke free environment. The patient and other people who may be present (for example, family members or carers) should be respectfully asked not to smoke or vape in the home or environment where they will be visited, for the duration of the visit and for 1 hour prior to the visit.

A leaflet (COM 3, appendix 1) is provided to all patients containing information about the policy and other relevant requirements for staff who provide services in patients, clients and service user’s homes.

If the patient refuses not to smoke, staff must assess whether this is a safe environment to provide services. Staff have the responsibility to make alternative arrangements for the provision of services, ensuring at all times that the safety and welfare of the patient is not compromised. LCH will support any member of staff wishing to leave the premises on the grounds of health and safety. The staff member should ensure that they are not placing themselves, or the patient, in danger by leaving the house. An incident report should be completed, as for any incident, and the line manager informed immediately by the member of staff taking this action. Each case must be risk assessed on an individual basis; staff must discuss these issues with their line manager.

Patients smoking whilst on oxygen must be reported to the line manager and an incident form is completed via the electronic incident reporting system. For further information contact LCH Respiratory Service (leedsintegrated.copdservice@nhs.net).

7. Risk assessments

‘Risks identified with the implementation of this policy (and procedure) have been assessed and mitigated as far as possible, in line with the trust’s risk appetite. Should any further risks be identified following implementation, these will be assessed and consideration will be given to an urgent review and revision of the policy (and procedure)’.

8. Training needs

Not applicable to this policy.

9. Monitoring compliance and effectiveness

Minimum requirement to be monitored and audited	Process for monitoring and audit	Lead for the monitoring and audit process	Frequency of monitoring and auditing	Lead for reviewing results	Lead for developing and reviewing action plan	Lead for monitoring action plan
Staff breaching the policy	Line manager through incident reports and investigation	Line manager	Line manager	Line manager	Line manager	Line manager
Breach of policy in patients home	Monitored through incident reports and investigation	Line manager	Ongoing	Line manager	Line manager	Line manager
Complaints from members of the public	Complaints from members of the public	LCH complaints manager	Ongoing	LCH complaints manager	Depends on the type of complaint	Depends on the type of complaint

10. Approval and ratification process

The policy has been approved by the appropriate body and ratified by Senior Management team on behalf of the board.

11. Dissemination and implementation

The Clinical Audit and Effectiveness team will support the dissemination of this policy by ensuring it is uploaded to the LCH intranet.

Operational directors, heads of service and line managers are to ensure staff have access to this policy and understand their responsibilities for implementation.

The quality and professional development and the Workforce department will provide appropriate support and advice to staff on the implementation of this policy.

12. Review arrangements

This policy will be reviewed in three years following ratification by the author or sooner if there is a local or national requirement.

13. Associated documents

LCH violence, aggression and lone working policy (PL381)
LCH driving at work policy (PL297)
LCH fire policy (PL304)
LCH disciplinary policy
LCH incident and serious incident management policy (PL268)
Oxygen safety in domiciliary settings
BOC oxygen safety Information

14. References

14.1 Relevant legislation

14.2 Useful websites

Health and Safety Executive: Advice on smoking at work
Smokefree England, Employers and businesses: a checklist
UNISON: Smoking in the workplace
The NHS website

15. Appendices

15.1 Appendix 1 Information leaflet for patients

Take care of the health care worker who takes care of you

Tobacco smoke is a hazard to health. The NHS in Leeds is trying to protect patients, visitors and staff from the harmful effects of second-hand smoke. So we are asking you to do everything you can to keep your home free of smoke, when our staff come to see you.

During your home visit

To protect staff from smoke we ask that patients and their families and friends do not smoke and vape while the member of staff is visiting or shortly before they come.

Avoid smoking and vaping inside the house for at least 1 hour before your health care worker arrives.
Open windows and doors to ventilate the area.
Keep smoke out of the room where the health care worker will see you
Do not smoke and vape or let anyone else in the house smoke and vape in the room where you are being seen
Wherever possible, when the health care worker is in the house, ask other smokers to go outside to smoke or vape

Our NHS Trust policy

We will support staff to leave any place which we think is unsafe. In this case, we will try to offer you a different way to get treatment if your home is not clear of smoke. In the last resort, the NHS in Leeds may have to withdraw treatment unless we are sure that you have done everything you could to help us protect our staff.

If you would like to stop smoking, please call One You Leeds on 0800 169 4219

If you would like this leaflet in another format or in a different language please contact your health care worker.

15.2 Appendix 2 Support available to staff

One You Leeds

One You Leeds (previously the LCH Healthy Living service) will support staff who wish to stop smoking.

To make a referral or for more information about One You Leeds please visit the Leeds Stop Smoking website

Occupational health

Refer to the LCH Intranet for contact details for occupational health.

The NHS

Visit the NHS website