Policy on Smoking in Education, Sport and Culture: Premises and Vehicles.

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A decision made (04/10/2006) regarding Policy on smoking in premises or vehicles under the remit of the Department for Education Sport and Culture.

Subject:	Policy on Smoking in premises or vehicles under the remit of the DfESC
Decision Reference:	MD-ESC-2006-0057	Exempt clause(s):		n/a
Type of Report (oral or written):	Written	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		As title
Written Report – Title:	Policy on Smoking	Written report – Author:		Madeleine Davies – Head of Staff Services
Decision(s): To support the policy on controlling smoking within the premises and vehicles under the remit of the DfESC,
Reason(s) for decision: a) the policy had not been updated to include Sport and Culture after the merger of Education and Sport, Leisure and Recreation departments; b) the States will shortly introduce regulations that will restrict smoking in enclosed workspaces, this instigated a review as to where smoking was permitted by staff and visitors within premises and vehicles under the remit of the DfESC
Action required: a) Minister for ESC to support the policy; b) to advise all staff of the restrictions under the policy; and c) to agree the implementation date of 1st January 2007
Signature:			Date of Decision: 10 October 2006

Policy on Smoking in Education, Sport and Culture: Premises and Vehicles.

Education, Sport and Culture Department Report
Subject:	Smoking Policy
Exempt Clause:	n/a	Date:	25th September 2006

Author:	Madeleine Davies

1. Introduction

The States have passed legislation which enable Regulations to be made that will restrict smoking in enclosed workplaces. The new law Restriction on Smoking (Workplaces) (Jersey) Regulations 200- will shortly be introduced, which will fundamentally change where smoking is permitted in Jersey. The precise timing of these changes is still unsure, it is expected that the new arrangements will be in place within a matter of months. Currently the Law is awaiting final Privy Council Approval.

2. Background

The Law was sent to the DfESC for comments; this instigated a review as to where smoking was permitted by staff and visitors within premises of the DfESC. There is only one establishment that has a room set aside for employees who wish to smoke, and some schools allow smoking on the premises for “special” events, for example car boot sales or productions. The current policy within the DfESC relates to schools only and states “No smoking is permitted in schools within the administration of the Department for Education” This was reaffirmed by the former Education Committee on 5th June 2002. This statement needs to be extended to cover other premises now under the remit of the DfESC.

4. Next Step

A draft policy is attached which is designed to clearly set out the rules and regulations regarding smoking both within and outside normal working hours, offering assistance to employees who wish to stop smoking.

5. Recommendation

It is recommended that SMT:

· endorse this policy and allow it to become part of the policies and procedures of the DfESC;

· Agree an implementation date.

POLICY ON SMOKING

General

This policy is intended to ensure that all staff and visitors to the properties under the Department for Education, Sport and Culture (DfESC) remit benefit from a smoke free environment.

As part of its continuous review of health and safety matters the DfESC has considered the current evidence of the health risks associated with passive smoking, as well as the discomfort suffered by non-smokers exposed to tobacco smoke.

New laws will shortly be introduced, which will fundamentally change where smoking is permitted in Jersey. The major change relates to smoking in enclosed public places. The following policy will be introduced from 1st January 2007.

The aim of the smoking policy is to guarantee the right of non-smokers to breathe smoke-free air at work, whilst also taking into account the needs of those who smoke. The policy is not concerned with whether people smoke, but with where they smoke whilst at work.

Any concerns employees may have regarding smoking at work should be reported immediately to the Staff Services Section so that corrective action can be taken if necessary.

Arrangements for Ensuring the Health and Safety of Workers

The DfESC takes the view that smoking constitutes a fire risk and a hazard to the health of all its employees, both smokers and non-smokers (as a result of passive smoking).

Smoking will not be permitted in any of the premises or vehicles under the remit of the DfESC. These restrictions apply at all times, including outside normal working hours.

All visitors, temporary staff, contractors and clients will be expected to abide by the terms of the smoking policy. Appropriate signs will be displayed at all entrances to the premises and employees should tactfully remind visitors of the policy, if necessary.

Schools, Sports Centres, Youth Clubs and other premises under the remit of the DfESC

It is the responsibility of the Headteacher/ Line Manager to ensure that no smoking is permitted on any premises under the remit of the DfESC.

Smoking will not be allowed as above for daily or “special” events. The sale of tobacco products will be banned on all DfESC premises.

Support for smokers

It is recognised that some smokers will need to adjust to this policy and may welcome some support. If you would like further information or advice about coping with the policy, or would like to use this opportunity to give up smoking, please contact The Health Promotion Department on 769128. Further information can be obtained from the Staff Services Section.

Please note that from (date) this smoking policy will form part of the DfESC health and safety policy. Any employee who ignores the smoking ban will be treated in accordance with the DfESC disciplinary procedure and, in the case of repeated offences, may be dismissed from employment.

The HR Business Support Team will be responsible for informing all job applicants of this rule before offers of appointment are made or accepted. Information on the policy will be:

· circulated to all staff;

· provided to all new employees;

· included in the Health and Safety Policy;

· Included in handbooks, information packs and on the website.