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No smoking policy
1. Introduction
Sheffield Hallam University has a statutory duty to ensure that the working environment is healthy, as far as is reasonably practicable. The University has a specific duty to protect non-smokers from the risk of passive smoking whilst behaving reasonably towards smokers. It must also seek to discourage furtive smoking, which may constitute a fire risk.
Also, as the University is at the heart of the city and the region, our strategy commits us to transforming lives, by being a constructive partner, committed to enhancing educational health and quality of life in our region. Committing to a smokefree campus, under the Smokefree Sheffield initiative, will not only support our regional partners and wider community, it will also add value by contributing to the social, economic and physical health of our students and staff.
A key aim is to inspire a smokefree generation.
2. Scope
This Policy applies to all employees, students, contractors, and visitors of Sheffield Hallam University on all University premises and in all University vehicles.
3. Legislation
The Health Act 2006 and the Smokefree (Premises and Enforcement) Regulations 2006 provide for a ban in England on smoking in enclosed workplaces and places to which the public have access.
Anyone caught flouting the ban either by allowing smoking in the University's premises, by failing to install adequate signage or by smoking themselves, could receive a fixed penalty of up to £200, or even face criminal prosecution, which could result in a fine of up to £2,500, depending on the charge brought.
The Health and Safety at Work, etc. Act 1974 places a duty on employers to provide a working environment for employees:
"Provide and maintain a safe working environment which is, so far as is reasonably practical, safe, without risk to health and adequate as regards to facilities and arrangements for welfare at work."
The Workplace (Health, Safety and Welfare) Regulations 1992 require employers to protect employees from the effects of tobacco smoke.
4. Application
4.1 The right of the non-smoker not to be exposed to second hand tobacco smoke is paramount. This section defines the standards that Sheffield Hallam University expects of all its employees, students, contractors and visitors:-
- 4.1.1 All buildings under the control of the University will be smoke free.
- 4.1.2 Smoking is prohibited immediately outside buildings and by entrances to buildings where smoke can be drawn into buildings (e.g. through doors, windows and ventilation inlets). This requirement applies even when on the public highway.
- 4.1.3 Smoking is prohibited anywhere on both University campuses. There are no designated smoking areas.
- 4.1.4 All University-owned/leased vehicles will be smokefree at all times.
- 4.1.5 All University-managed student residences are smokefree. This includes common areas and bedrooms. Landlords of partnership residences are also requested to prohibit smoking and to include this in their tenancy agreements.
4.2 Signage as detailed in the Smokefree (Signs) Regulations 2007 will be displayed at the required locations across the University's estate and in University-owned/leased vehicles.
4.3 Any employee taking time out for smoking can only do so in allocated breaks.
5. E-Cigarettes
5.1 The requirements within this policy that apply to smoking tobacco also apply to smoking of e-cigarettes (generally known as vaping).
5.2 However, research has shown that the use of e-cigarettes has significantly lower risk of adverse health effects compared with smoking tobacco. Consequently, the University will recommend the use of e-cigarettes to staff/students who would like to stop or cut down smoking tobacco.
5.3 The charging of e-cigarettes in University buildings and vehicles is prohibited.
6. Information
Appropriate signs will be displayed throughout University premises reinforcing this Policy. This Policy will be available to all employees and students via the appropriate intranet site.
The following sources of information are available for members of staff or students regarding the effects of smoking and/or advice on giving up smoking:
- NHS website: www.givingupsmoking.co.uk
- NHS stop smoking services: Stop Smoking
- NHS Smoking Helpline on 0300 123 1044
- Smokefree Sheffield
Alternatively you may contact the University Wellness Service who offer a no-smoking workshop.
7. Recruitment of Staff and Students
This Policy will be communicated to all job applicants in information packs and included within the induction programme given to all new employees.
New and prospective students will also be made aware that the University is smokefree.
8. Responsibility
8.1 As with all aspects of Health and Safety at Work, the PVC/Director of each Faculty/Directorate is responsible for ensuring that the Policy is observed and all members of the University community have a responsibility to comply.
8.2 The University expects smokers to respect these measures and comply with the Policy and the Health Act 2006. Employees who do not comply with this Policy will be reminded about the serious consequences of their actions (including criminal prosecution) and, if needed, will be offered support through Occupational Health. Continued failure to comply will result in disciplinary action, using the agreed procedures.
- 8.2.1 All students will be subject to the Student Disciplinary Regulations in respect of non-compliance with this Policy.
- 8.2.2 All contractors and visitors who do not comply with this Policy will be asked to leave the premises of Sheffield Hallam University and where considered necessary their organisation will be contacted.
8.3 Managers are expected to enforce the policy, particularly regarding their staff only smoking during designated breaks.
8.4 If an employee is aware that another person is not adhering to the Policy then they should draw it to the attention of their immediate line manager.
8.5 Day-to-day enforcement of the Policy, regarding people smoking in locations where they shouldn’t smoke is the responsibility of ALL members of staff. When necessary and requested, they will be supported by the University Security Service.
9. Changes to the policy
9.1 The Policy will be reviewed every 12 months.
9.2 Trade unions and health and safety representatives will be consulted in good time about any proposed changes.
September 2019 (Version 2.0)