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Posted By Keith Taylor hmps
we fall under the excempt clause of the regulations, I am seeking advice with regards to residents smoking in the workplace, I have recieved guidance from our local EHO, who interpretates the regulations as "the manager can allow smoking for residents in all bedrooms". Whilst these bedrooms are ventilated there is a tendancy for smoke to seep through the doors into the workplace. Many of the staff are not happy that the regulations may allow for residents to smoke in this way as a smoke room in the building is not practicle or feesable, they feel that the regulations were put into place to protect them from second hand smoke in the workplace however this will not happen if the above is implimented. Legal guidance or practical guidance would be appreciated
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Posted By Rob T
It's the same as hotels - smoking is allowed in your place of abode.
As for fears of people breathing in the second-hand smoke when cleaning the rooms etc. No smoker has ever died within the first ten years of smoking regardless of how many they have smoked (and as such think how much second-hand smoke you would need to cause health problems), no person has ever died as a direct result of inhaling second-hand smoke (not including allergies etc.) and as such tell anyone who tries to claim they are worried for their health to grow up!
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Posted By J Knight
Hi Keith,
The way we are interpreting it at the moment is that the home's owner can designate rooms in which smoking is permitted. Draft Guidance to the Regulations suggests that smoking rooms should be devoid of all amenity, however, there isn't a legal compulsion to prevent people smoking in their bedrooms. On the other hand, you don't have to allow smoking anywhere in the premises even if you are exempt, and you have never had to. Employers have always had the right to make any rules about smoking they wish, and there is no reason why you have to allow people to smoke in their bedrooms,
John
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Posted By J Knight
Rob,
You certainly are consistent in your views on this one. Putting allergies in brackets is a bit naughty really; your comments about lack of evidence for harm from second-hand smoking is based, as far as I can tell, on studies looking at cancer rates. I suggest you broaden your approach to include Heart Disease and Britain's fifth biggest cause of death as well (I won't tell you what it is as you might enjoy finding out).
Telling people to 'grow up' when they are expressing reasonable fears may help you feel better, but it won't help workplace relations,
John
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Posted By Crim
Rob
You appear to have forgotton one quite famous person who died as a result of inhaling second hand smoke in all the clube he worked in, he was never a smoker. Roy Castle!
I'm sure. however, that you will find a reason for ignoring him.
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Posted By Rob T
Hi Crim,
I think most people are now aware that the reason Roy castle was dropped from the ASH campaign to ban smoking was due to the fact that when he had the autopsy, it was found that he had the wrong type of cancer to be associated with smoking. Remember that there are type 1 and type 2 lung cancers and only one is associated with smoking. Therefore the case you mention was proven not to be smoke related. You will also find that there has not been one death certificate issued in the UK which gives passive smoking as a cause of death (OK John - but still other than that associated with allergies).
John, I think we are doomed to be at loggerheads on this subject forever but I'm sure we agree on many other subjects. Keep on sparring as differing points of view are what keeps this site interesting - god-forbid we all end up agreeing with each other!
Rob
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Posted By jackw.
Hi, We allow smoking in our residential units (LA north of the border), only in a designated smoking room - well ventilated with min combustibles, checked every hour by staff re any smoldering embers, cigs etc. discarded on the floor, bin etc.
I really can't believe from a fire risk assessment perspective that anyone would encourage elderly people to smoke in a bedroom.
Cheers
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