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#1 Posted : 22 March 2007 14:29:00(UTC)
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Posted By S J McCubbin Hi Everyone I am interested in hearing how people have approached implementing the new smoke free legislation with reference to night staff in care homes. Our night staff have to remain on on the premises at all times and until now have had a smoking room. Our draft policy favours a site-ban on smoking meaning that staff would have smoke outside the perimeter of the premises but I have heard that night workers in Scotland protested due to personal safety concerns and were allowed to carry on smoking on their premises. Does anyone have any views to share on this? Many Thanks
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#2 Posted : 22 March 2007 14:44:00(UTC)
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Posted By Holly McDermott The smoking ban is to prevent harm being caused via second hand smoke. Therefore if an individual went out doors and had a fag then this should be OK. Only your organisation can decide if you want to ban it from your site completely. Remember if you do, what are the potential problems it might cause.
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#3 Posted : 22 March 2007 15:30:00(UTC)
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Posted By Merv Newman They don't have to go "off the premises" A smoking area not substantially enclosed will do. This means something like a two sided bus shelter. Then again, how do you deal with the problem of a smoker who takes 10 minutes every hour for a fag and the non-smoking employee who gets nothing apart from the legal tea and lunch breaks ? I say count the fag breaks against the tea and lunch breaks. 20 minutes for two fags ? There goes your coffee break and ten minutes off lunch. Another 2 fags and 20 minutes in the afternoon ? You've just lost tomorrows lunch break. Either that or 20 minutes pay. Smoker's choice Merv I'm a pipe smoker myself. 10 seconds and you can get all the nicotine you need
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#4 Posted : 22 March 2007 15:42:00(UTC)
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Posted By jackw. Hi, LA Care homes in Scotland. As you are aware the legislation allows for smoke rooms within residential care homes in Scotland so long as they meet the specifications. This is because it is the residents "home" We have always allowed night shift workers only to also smoke in these (unlikely residents will be around). We have continued - allowing them to smoke in the rooms. Although the guidance to the regs suggest this is not best practice it DOES NOT break the regs/law. We acknowledge we may not be acting in the spirit of the law. However we believe in the balance it is the best course of action re: Not having staff leave the unit and thus residents unattended (remember it is a reduced staff at night) and for staff safety and the security of the building as a door would have to be open whilst staff are outside smoking. Hope this helps.
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#5 Posted : 22 March 2007 15:47:00(UTC)
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Posted By S J McCubbin Thanks for your help. Thats just the sort of information I was looking for. Sharon
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#6 Posted : 22 March 2007 16:28:00(UTC)
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Posted By Lilian McCartney Our staff have to leave the building (not necessarily the grounds) but the premises are quite small so they are able to hear anyones alarm. I know of a larger premises (a residential home) where the staff have pagers and if someone activates their alarm the pager goes off and this still works in the grounds of the premises. Staff are advised to move away from windows, doors etc though at night (dark) they will tend to stay near a door.
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#7 Posted : 22 March 2007 16:33:00(UTC)
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Posted By J Knight Hi, Jack is right about the actual wording of the law of the Scottish regs, but I think the English ones are worded slightly differently. They say 'A designated room that is used as accommodation for persons aged 18 years or over in the premises specified in paragraph (2) is not smoke-free.' and it's that bit about the room being used as accommodation for persons etc which I think means we can't let staff use the smoking rooms. Certainly the guidance from DoH in England is very stringent, and makes stipulations which are lacking in Scotland, such as the idea that Residents' smoking rooms can't be used for other activities. So be a bit careful about this. We are not going to allow our staff to smoke indoors, even in smoking rooms, and we haven't allowed indoor smoking in either of our Scottish services. One of these is urban, one is three miles down a single track road from the nearest village; so each plays on different sorts of night-time fears. But we haven't had any sort of issues raised by our staff, and as far as we know they do go outside, John
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#8 Posted : 22 March 2007 16:58:00(UTC)
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Posted By Rob T This is of course the final madness particularly from H&S professionals. The choice of a bit of tobacco smoke or having to leave the premises at night - well you risk assess it. Remember the nurse who was killed off premises when she went for a fag? That was during daylight. My risk assessment would say that it is far more dangerous to leave the premises! Don't let your prejudices get in the way of common sense!
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#9 Posted : 22 March 2007 17:12:00(UTC)
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Posted By J Knight Rob, There's much more to this than mad H&S professionals and prejudice. We are taking the view we are because we know what would happen in terms of staff relationships if we didn't. And in any event, its not my decision, this was decided by operational managers for operational reasons; if I don't tell you to stop smoking you shouldn't tell me how to run a Care Service (not that I know, I'm just the Safety Bloke) ;-) John
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#10 Posted : 23 March 2007 07:46:00(UTC)
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Posted By Rob T John, Of course I wouldn't tell you how to run your business, it's just that if you take an RA on the situation for instance using a 5 scale on likelihood and hazard - you'd mark tobacco down as 0 in this instance (on the likelihood at least (0 x anything is nil) against at least a 2 in some places for hanging about at night and probably higher in others. Purely on safety grounds your RA has to show a higher danger of forcing people (where there is no legal need) to go outside. That's what I mean by H&S professionals allowing prejudice to cloud their judgement on this issue. We have a duty to by charter to be as truthful as possible in our deliberations and this includes not setting our own agendas. Funny, we seem to agree on a hell of a lot but the smoking issue is undoubtedly going to be a bugbear forevermore.
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#11 Posted : 23 March 2007 09:25:00(UTC)
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Posted By Peter Leese Spot on Rob.
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#12 Posted : 23 March 2007 13:33:00(UTC)
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Posted By Peter Leese One of these is urban, one is three miles down a single track road from the nearest village That's interesting one John. What overriding criterion would there be to locate a Care Home down a single track road 3 miles from the nearest village? And did the need/design risk assessment take the vehicle dangers into account such as the distance for ambulances, doctors and relative to travel etc.
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#13 Posted : 23 March 2007 14:28:00(UTC)
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Posted By J Knight Hi Peter, The only criterion was that we were given it, and that was quite a long time ago. Its a good service, but we wouldn't put it there now. Problem is that they're not easy to shift/relocate/redevelop. Makes the job interesting though; oh, by the way, did I mention that its a 17th Century Stately Home on a grand scale with a fabulous wood-panelled music room complete with pipe organ? Like I said, interesting, John
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#14 Posted : 26 March 2007 10:35:00(UTC)
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Posted By jackw. Hi J knight. As you rightly point out the regulations may differ in wording from Scotland to England. Haven't read up on the english ones so don't really know. But you do go on the state what the Guidance to the regulations indicate. That was my point.. the guidance up here clearly suggests that we shouldn't allow staff to use these rooms.. but the guidance is just that: guidance not the law..As i stated we feel we have found a "gap" and are utilising it for what we feel are good reasons. Cheers.
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