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#1 Posted : 27 June 2006 10:11:00(UTC)
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Posted By stevehaigh Next year the no smoking legislation in worlkplaces will come into effect in all but exempt workplaces; for example residential care homes, where residents will be allowed to smoke in designated smoke areas. The question therefore arises can employees smoke in these areas? Also employers have a duty of care to employees and if smoking is not allowed in the buildings and smokers may only smoke outside, is their safety at risk especially if a woman is on the night shift and wants a ciggie?
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#2 Posted : 27 June 2006 11:09:00(UTC)
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Posted By Ian Dale Certainly for Scotland the guidance is clear - the following is a quote: Adult residential care homes Proprietors may designate rooms for smoking, although they are not obliged to do so. Any ‘designated’ rooms should be enclosed spaces with ventilation systems that do not ventilate into any other part of the building, and should be clearly marked as a room in which smoking is permitted. These rooms are designed for the use of residents, not staff or visitors. Staff exposure to second-hand smoke should be minimised. Staff should not smoke in the designated rooms. Ian Dale
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#3 Posted : 27 June 2006 11:14:00(UTC)
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Posted By TBC I can't understand why staff are not allowed to smoke in the 'special' rooms. Ok maybe they should go outside during the daytime, but during the night shouldn't prove a problem. here's where to finf the full pdf file. http://www.clearingtheai...ke%20Free%20Scotland.pdf
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#4 Posted : 27 June 2006 11:43:00(UTC)
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Posted By Fornhelper Try telling dayshift staff that those on the nightshift can smoke indoors but they can't!!!!! ...but basically if we permitted nightshift staff to use the smoking rooms provided for residents we would be breaking the law. I don't imagine the ' English' legislation will differ much. FH
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#5 Posted : 27 June 2006 12:13:00(UTC)
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Posted By John Webster Staff cannot smoke in the designated rooms simply because it is not their home. Staff can smoke in their own homes if they wish, and the legislation allows residents to smoke in what has become THEIR own home. Simple & logical. As for safety issues of popping outside for a ciggie at night, then don't pop outside for a ciggie. There is no reason why any workplace should make special provision for someone to smoke. We accept that drinking alcohol at work is unacceptable, and would take a dim view of anyone popping out for a wee dram, we don't provide in-working-hours facilities for staff to participate in other hobbies or pastimes, so why has ciggie smoking assumed a special status of some quasi human right?
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#6 Posted : 27 June 2006 13:41:00(UTC)
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Posted By Peter MacDonald Sorry What is the connection between being drunk at work and having a fag! Too completely different things. If it's the drug element what are the PC Nanny State going to come up with next. Banning the stimulant caffine in coffee and tea? Pete (Non Smoker)
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#7 Posted : 27 June 2006 14:02:00(UTC)
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Posted By Tabs I agree with Pete, and add: why is smoking at home less dangerous than smoking at work? I readily see the logic of allowing the residents to smoke in what has become their home, but I can't understand the logic of preventing someone at work (or visiting!) from sharing the facility. It really is more political than logical. I don't smoke, and hate being in a room where people are smoking, but I prefer law to be sensible.
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#8 Posted : 27 June 2006 14:14:00(UTC)
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Posted By Merv Newman The employees are at WORK and thus subject to the legislation. The residents are AT HOME and thus exempt. (provided a ventilated smoking room has been provided) Employees should not enter or use the smoking room as it is a part of their workplace. Seems logical to me We can nit-pick back and forth on "but what if they have to go in ?" (emergency, cleaning, supporting someone with emphysemia ...) if you like. non-smokers are beginning to ask for "time-out" to maintain parity with smokers who they see as specially privileged. Merv. (pipe smoker (with tweed jacket (no elbow pads)) and thinking I'd better start checking out the local care homes one of these days)
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#9 Posted : 27 June 2006 16:29:00(UTC)
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Posted By jackw. Hi all. Ian you will find that you are quoting the guidance on the new smoking regs in Scotland and not the actual act which does not prohibit workers from smoking in these rooms. we allow care staff in residential homes on night shift to use the rooms for smoking.. it is not, i agree, in the spirit of the law but it does not breach it..our view/risk assessment... it is better, for a number of reasons, that staff do not leave the building during night shift for a cig.. we feel banning them from smoking for a 11 hour shift is not reasonable and would probably lead to them taking a chance and smoking in "hidden" parts of the property. We do NOT allow staff on any other shift to smoke in these rooms..not fair, i may agree, but that’s how it is. Cheers
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#10 Posted : 27 June 2006 18:12:00(UTC)
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Posted By Gilly Margrave I think Steve's original question might be linked to the case of Cheryl Moss: a member of staff at Hornchurch Hospital who was stabbed to death outside her workplace earlier this year when she went out for a cig break. I am not sure whether in this instance the solution is to allow smoking areas inside or at least close to the entrances of buildings or to make sure that the outsides of buildings are safe for everyone. You don't have to be a smoker to be attacked on your way to the car park. Having got that one off my chest I'm just off out for a ciggie. Gilly
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