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#1 Posted : 26 April 2006 13:22:00(UTC)
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Posted By Philip Purcell Hi all, in our H&S meeting today a topic came up. As most of you know there is no smoking in the workplace. A special area that meets legislative requirement must be provided. Oue company is pretty easy in relation to breaks you get 15 mins in the morning and 30 at lunch time. During the day if you wish to go for a cigarete during your working hours that is no problem. This led to the question if the company would be liable for support/condoning smoking. If somebody had for example lung cancer could they sue the company and say that if there were not allowed to go out during company time they would not have developed the illness? Hence the company has some responsibility. I thought it was quiet interesting and so posed the question! Does anybody know of previous history or court cases where this may have occured.
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#2 Posted : 26 April 2006 13:34:00(UTC)
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Posted By Alexander Falconer Phillip, am I correct in my assumption that you are employed by Mentor, a company affiliated to the Royal Bank of Scotland? Are they not a consultancy? See thread on 'giving info away'
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#3 Posted : 26 April 2006 13:50:00(UTC)
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Posted By Philip Purcell Hi Alexander, yes i work for mentor, but it is a different one that who you think i work for. We are a US multinational. Definately not as much money as the royal bank of scotland.
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#4 Posted : 26 April 2006 13:53:00(UTC)
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Posted By Alexander Falconer In that case, have a look at the scottish executive website on the new smoking law, also the ASH website may well give you the info you require
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#5 Posted : 26 April 2006 14:10:00(UTC)
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Posted By Descarte Im not sure if I am reading the question right, but I dont think that allowing people 30 mins for lunch and 15 mins in the morning is not supporting smoking, as people can do what they like in their lunch breaks and actually should be encouraged to leave their work space and work area. It would be like saying giving your employees a lunch break is encouraging obisity. If smokers are getting an extra 15 and 30 mins to smoke I could see some serious questions raised by your non smoking staff. And most companies since the no smoking ban in Scotland do try and support their staff in quitting by providing information and details of helplines etc..
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#6 Posted : 27 April 2006 12:37:00(UTC)
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Posted By jackw. Hi, i would have thought allowing someone to indulge a habit (have a smoke if you wish), is not the same as encouraging them..(go forth and smoke),..but I could be wrong.. one for the no win no fee brigade no doubt. cheers.
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#7 Posted : 27 April 2006 12:44:00(UTC)
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Posted By Philby' I like this one, again, I smoke therefore I am....I'm blaming no one for my smoking except ME, for starting, and the tobacco giants, for keeping me hooked...I will not be blaming my employer, except for making me feel stressed and not being able to freely have some smoky stress relief...oh and making me stand out in the rain after having had to sign out to enjoy the smokey stress relief...oh and trying to make me give up my pension benefits, WHICH, I believe were part of my contract Philby'
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#8 Posted : 27 April 2006 12:56:00(UTC)
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Posted By Bill Parkinson Within the NHS we are in the process of implementing no smoking on the premises by anyone (some patients may be allowed to smoke but this needs to be assessed by a clinician). In our Trust staff are not allowed to smoke at anytime they are on duty on the site so they have to go off site for which it is upto their manager whether this is allowable. If they are on duty anywhere else and in uniform or have visible means of identification they are not allowed to smoke. Failure to adhere to this policy by staff is a disiciplinary matter.
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#9 Posted : 27 April 2006 13:20:00(UTC)
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Posted By Philby' Bill, thats a bit severe isn't it...what about others on their lunch tucking into a pork pie...its their break, surely the most is to take off their ID? If its a smelling of smoke issue, then you can get that just by being in a smokey atmosphere, plus you are discriminating...not all staff have to wear uniform, psychy' nurses, doctors etc Philby'
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#10 Posted : 27 April 2006 14:24:00(UTC)
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Posted By Aidan Toner Philby As a recovering cancer person(not lung or smoke related)I do sincerly hope you live to pension age and enjoy your retirement. I do also hope you revise your opinion of your addiction. PS- I'm honest enough to admit that 'death in service' is of course cheaper to the public pension fund than someone who goes on to draw a pension.In a nutshell, smokers like yourself are funding non-smokers like me.
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#11 Posted : 27 April 2006 14:35:00(UTC)
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Posted By Philby' Aidan, don't mean to be controversial, nor do I wish to offend...I have had two cancer scares, not typical smoking related types, and a heart scare/unresolved as to cause yet...and have history in both sides of my parentage....but I do believe that; what you do in your own time is OK so long as it neither offends nor harms others...yes I know I'm in a minority, espescially amongst my peers, but we all have our vices; wine, beer and fine food if Merv is anything to go by! I didn't join the LA for the Pension, but as it is in the contract why should I, or any other employees here, give it up...we get less pay than the outside world and, contrary to popular belief, we are just as insecure in our employment as any...I just like to spend my cash, In France, Germany and Italy, on Tobacco Philby'
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#12 Posted : 27 April 2006 14:38:00(UTC)
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Posted By Philby' PS... I'm not having a go either...just playing devils advocate and pre-empting any of the usual comments the forum gets on smoking and smokers 'smoke me a kipper for breakfast' Philby'
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#13 Posted : 27 April 2006 14:44:00(UTC)
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Posted By Gilly Margrave What's this Philby? Forcing herring to smoke? I may have to get the RSPCA onto you! Gilly
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#14 Posted : 27 April 2006 14:45:00(UTC)
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Posted By Aidan Toner Philby Agree with all you say- Us public sector lot should'nd be too smug about job security OR pensions to any great extent.Hope you step away from current heart scare with a smile.
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#15 Posted : 27 April 2006 14:51:00(UTC)
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Posted By Philby' Thanks Aidan ...I haven't heard anything after 4 months of tests and scans, over a month ago since last ones, and they did say if they found anything they'd whip me back in...guess theyre just being cautious due to that ancestry Gilly, you know I support all equal ops policies, if Beagles can smoke, why not herrings, and pigs (Ham)...in their own time, of course Philby'
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