Hi All, Looking for some "practical" feedback and support on means to mitgate passive smoking.. We have some domestics who clean mental patients residential bedrooms and recently received complaints about exposure to passive smoking.. Ironic I know, but the main complainant is a smoker herself ! Nontheless we have to take this seriously, as it is a real issue... We work as a contractor for a healthcare organisation. The care staff and management have not implemented any control measure or safe systems so in Limbo, looks as though we'll have to introduce our own procedures......Smoking in residential mental health facilities were exempt under the smoking regulations... I've looked for best practice procedures with not much luck.... Any help / input is very much appreciated.. ChrisR

Many thanks ajb. Great help, many thanks.. The exemption still applies in "designated" rooms... Mentally ill patients are still permitted to smoke in their own "designated" rooms so no need for EHO enforcement ......Many thanks once again ChrisR

see extract: (last line) Temporary exemption for mental health units 10.—(1) A designated room for the use of patients aged 18 years or over in residential accommodation in a mental health unit is not smoke-free. (2) In this regulation— “designated room” means a bedroom or a room used only for smoking which— (a)has been designated in writing by the person in charge of the mental health unit as being a room in which smoking is permitted; (b)has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid, floor-to-ceiling walls; (c)does not have a ventilation system that ventilates into any other part of the premises (except any other designated room); (d)is clearly marked as a room in which smoking is permitted; and (e)does not have any door that opens on to smoke-free premises which is not mechanically closed immediately after use; and “mental health unit” means any establishment (or part of an establishment) maintained wholly or mainly for the reception and treatment of persons suffering from any form of mental disorder as defined in section 1(2) of the Mental Health Act 1983(1). (3) Paragraphs (1) and (2) shall cease to have effect on 1st July 2008.

FHS Chris says they are contractor for a healthcare organisation - it's not them that has the duty to comply with the requirements and if as stated the staff and management aren't doing anything about it (and they've had over 2 years) he's looking for ways to protect his own organisation's staff - getting enforcement action taken is one way of doing it. Advice can come in all sorts of shapes, forms and guises and just because you think it strange don't necessarily make it so. ajb

I have a feeling our clients are using the following regs as the "get out" clause under residential care as opposed to mental unit....Makes sense as most premises have a mixture of "residential "and "residential mental health" residents ! Other residential accommodation 5.—(1) 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. (2) The specified premises are— (a)care homes as defined in section 3 (care homes) of the Care Standards Act 2000(1); (b)hospices which as their whole or main purpose provide palliative care for persons resident there who are suffering from progressive disease in its final stages; and (c)prisons. (3) In this regulation “designated room” means a bedroom or a room used only for smoking which— (a)has been designated in writing by the person having charge of the premises in which the room is situated as being a room in which smoking is permitted; (b)has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid, floor-to-ceiling walls; (c)does not have a ventilation system that ventilates into any other part of the premises (except any other designated rooms); (d)is clearly marked as a room in which smoking is permitted; and (e)except where the room is in a prison, does not have any door that opens onto smoke-free premises which is not mechanically closed immediately after use.

Hi Chris We have similar issues albeit in residential care - we do have a dedicated smoke room that the majority of clients use but we have a unit specifically for clients with Korskovs who can become aggressive if they do not have access to cigarettes. In balancing the risk between fire / aggression towards staff / client wellbeing / exposure to passive smoking a decision was taken to allow these clients to smoke in their bedrooms. We have a number of controls in place regarding fire safety but to stay 'on topic' I won't go into them here, however to minimise staff exposure to passive smoking we fitted extractor fans in bedrooms - these can be controlled from outside the room and switched on prior staff entering (or 15 / 20 minutes before if need be). Regards FH