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#1 Posted : 07 March 2007 14:26:00(UTC)
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Posted By Rob Tuttey With the move to ban smoking in all workplaces (in place in Scotland, Wales from April and England later in the year), I'm interested in the views of others on how this effects home delivery personnel, field engineers, or similar that go to customers homes. I know the legislation does not cover domestic dwellings, but how far does the duty of care on smoke free environments extend? Could the employee refuse to enter the home? If the employer insisted and employee refused using the ban as reason - what would be the next steps? Any views or experiences of this would be most welcome. Thanks
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#2 Posted : 07 March 2007 14:41:00(UTC)
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Posted By jackw. Hi, If you check back you will find threads relating to this subject. I work in an LA in Scotland. We have a number of staff that have to enter houses for a variety of reasons, some of whom have to visit the same person regularly to carryout statutory services e.g home support staff from our Social Work department. As you say we can't demand no smoking in a dwelling house. However, as you again point out we have a duty of care to staff. We have lettered all clients who get regular service and asked them to ensure no one smokes in the house whilst our staff are present and if possible no smoking and the room ventilated 30 mins prior to staff arriving. In instances were clients refuse this request a member of the management staff visits and explain to the householder why we make the request. There is also a suggestion that service may be reduced if they continue or allow others to continue smoking. Of course we have a major problem in following this through as many of our services are covered by statute and thus almost impossible to stop. Can you imagine failing to provide child protection visits etc. on the grounds that it was "too smokey" and something goes wrong. The press would hang us. Hope this helps Cheers.
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