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#1 Posted : 06 June 2008 15:18:00(UTC)
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Posted By John Cook
I have tried searching for this but can't find what I'm looking for in relation to a problem I have inherited.

I work in a prison environment and individuals are allowed to smoke in their cells. I have been approached by a TU appointed safety rep and asked if a COSHH assessment has been carried out for this activity to ensure that his members are not exposed to substances which are harmful to their health.

Is anyone able to point us in the correct direction for data/ information that could realistically be utilised for this.

There are the obvious health risks but at what level of exposure or length of exposure do they become a risk.

There are some control measures in place but how would we determine whether or not, measurement of air quality is possible but what exactly do we measure.

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#2 Posted : 06 June 2008 15:34:00(UTC)
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Posted By Paul Leadbetter
John

I have been around long enough to remember that HSE made it very clear, when COSHH first came out, that it could not be used to control smoking at work. I can't find anything that far back but see para 8 here: http://www.hse.gov.uk/lau/lacs/13-2.htm

As far as I know, that view still stands.

Paul
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#3 Posted : 06 June 2008 16:16:00(UTC)
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Posted By John Cook
Paul

thanks for the advice. It is a difficult question, which has been passed up the way to the policy holder.

The main difficulty is that the government is saying how bad passive smoking is and yet are expecting prison staff to enter cells full of second hand smoke, hence the challenge from a number of individuals.

I shall refer my union colleague to the specific paragrapgh.

John
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#4 Posted : 08 June 2008 08:23:00(UTC)
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Posted By Adrian Watson
Paul/John,

When COSHH was introduced in 1989, passive smoking was not covered because the regs only covered hazardous substances arising out of or in connection with work which was under the control of the employer.

However, COSHH 2002 covers all exposures to hazardous substances arising out of or in connection with work at the workplace. This means passive smoking is covered in the workplace!

Regards Adrian
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#5 Posted : 08 June 2008 10:39:00(UTC)
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Posted By philip john
People are still getting confused and I hear this numerous time with the year COSHH was brought in (Even studying for the Nebosh Diploma from tutors).

http://www.uk-finishing....Chromium%20Processes.PDF


COSHH replaced the Chromium plating regs in 1984

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#6 Posted : 09 June 2008 09:28:00(UTC)
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Posted By Kevin Brown
Just a couple of weeks ago three inmates at Rampton lost their appeal against a smoking ban. Perversely, those detained on HM pleasure seem to have retained their right to smoke, possibly because they are deemed to be at 'Home'. Quite how this differs from the Rampton scenario requires some explanation.
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#7 Posted : 09 June 2008 10:01:00(UTC)
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Posted By Rob T
There is no need to do a COSHH assessment of smoking as passive smoking hazards are a myth. If you do a COSHH assessment on this you'll have to do one on underarm deoderants and perfumes as well!

No-one has ever died of passive smoking and no-one has ever got cancer from passive smoking. There has never been a death certificate issued with passive smoking as the main causal factor (not including allergic reactions as I haven't researched this area to any great degree).

So my advice is to tell the TU rep to go find something useful to do!
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#8 Posted : 09 June 2008 10:05:00(UTC)
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Posted By Tracey P
Hi

If you contact me off forum I may be able to help

Tracey
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#9 Posted : 09 June 2008 10:21:00(UTC)
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Posted By Sean Warburton
Does anyone have a COSHH assessment from drinking too many bottles of Magners on a Sunday night, i need one:)
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#10 Posted : 09 June 2008 11:31:00(UTC)
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Posted By Ian Dale
I do hope that the response from Rob T was not serious. Uninformed comments do no service to our profession.
The Office of National Statistics has stated that, "Smoking history is rarely recorded on death certificates and the ONS does not produce figures for tobacco related deaths."
Thus smoking or passive smoking is not given as a cause of death BUT bronchitis, lung cancer, etc. would certainly be recorded.
Ian Dale
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#11 Posted : 09 June 2008 12:12:00(UTC)
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Posted By Jonathan Breeze
Perhaps if we can focus more on the exposure levels, how would you measure it and what would you measure, it might be more helpful to the original poster?

I've never come across anyone measuring tobacco smoke for COSHH purposes, but it's a while since I was involved in monitoring.

Have WEL's now been set for tobacco smoke? If not then I can't see how you could monitor it (irrespective of how you feel about the issue of passive smoking).
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#12 Posted : 09 June 2008 12:17:00(UTC)
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Posted By Jay Joshi
Passive Smoking/Smoking has never been under COSHH. This is referred to in the local authority circular.

If it had been, we would not need the specific smoking at work regulations made under the Health Act.


There was a Consultative Document in 1999 whether there should have been an ACoP--but all that has now been superceded by the Workplace etc smoking regulations

http://www.hse.gov.uk/consult/condocs/cd151.pdf

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#13 Posted : 09 June 2008 12:22:00(UTC)
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Posted By Jay Joshi
It is accurate to state that the first version of COSHH Regulations, COSHH 1988 did come into effect in 1989!

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#14 Posted : 09 June 2008 12:45:00(UTC)
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Posted By Edward Blanchard
The mind boggles! I speak as a non-smoker and law abiding citizen.

I am concerned about the Human Rights of similar citizens who want to smoke in places such as pubs, shopping precincts,hotel rooms, sports stadia etc. The simple truth is that this is not allowed as it is now illegal.

It is, however, alowed in prison. Since the habit of smoking has been practically "outlawed", does that mean only convicted prisoners will be allowed to indulge in future?

Has Society gone completely mad?
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#15 Posted : 09 June 2008 12:54:00(UTC)
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Posted By Wendi Gibson
If you make something illegal, the only ones who do it are the criminals.
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#16 Posted : 09 June 2008 12:58:00(UTC)
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Posted By Mitch
Unfortunately you are being left to pick up the pieces of another ill conceived piece of legislation. If you are going to ban smoking in the workplace BAN IT!

Mitch
(ex smoker!)
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#17 Posted : 09 June 2008 13:20:00(UTC)
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Posted By Rob T
To Ian Dale,

Yes completely serious.

If there are no statistics to back up spurious comments why on earth would you just believe conjecture? No cases of type 1 cancer have ever been found in non smokers! Fact! Therefore you can say with an unequivocal statement that passive smoking does not cause lung cancer. Unfortunately it is more difficult to prove with bronchitis as this can be caused by a myriad of reasons but more related to environment, spores and damp. Those looking to prove what they already think is correct will twist and turn to ensure that their own theory is the one that is presented.

It is very difficult to show that something doesn't happen but it is very easy to show something that has. Why hasn't anyone (BMA included) actually backed up their argument with anything other than "we THINK this is the case" and backed up by statistics made up on the spot.

It's rather like the booster seat law for children. The road safety campaigners said that it would save 3000 lives a year in the UK! Funny then how there have never been 3000 deaths of children attributed to the position of the child in a seat. How do you work that out then?

I would just like to see more honesty in our profession that in either the Government or specific pressure groups who by their very nature are unable to see the wood from the trees.

No you don't need a COSHH assessment until, as Jonathan say's, tobacco smoke is listed with a WEL.
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#18 Posted : 09 June 2008 13:22:00(UTC)
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Posted By Rob T
Hi Wendi,

Yes, a bit like overloading your rubbish bin isn't it?
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#19 Posted : 09 June 2008 14:06:00(UTC)
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Posted By Paul Leadbetter
Rob

A COSHH assessment is needed if there is exposure to hazardous substances in the workplace; this does not depend on the substance having a WEL. After all, there are many more hazardous substances than there are WELs. A WEL just gives one something against which to assess the measured exposure; in the absence of a WEL (or TLV, MAK, etc), assessment is more difficult, that's all.

Paul
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#20 Posted : 09 June 2008 14:11:00(UTC)
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Posted By CFT
John

There was some research conducted a while ago on what length of time smoke remains in an enclosed space of set dimensions as opposed to the smell (which can last for ages and one 'would imagine' was fairly harmless,)This was tested with LEV and no LEV and the results were of course quite different. Are there any restrictions on the guests smoking or is it a free-for-all? I'll see if I can find the research material and direct you to a link.

I can fully understand your concerns, 'we' have been told for long enough now that breathing passive smoke is extremely hazardous and clearly there must be a risk of loss of life from lung related diseases in a second hand smoky area? Roy Castle was one such case and you would think that a post mortem would show the level of contamination to the lungs (I would have thought) which would leave me in no doubt whatsoever that passive smoke is as harmful as ever; when you add what you endure whilst say city commuting, and all the associated fumes, your human right to clean air in your situation must be more than a mild concern and I sincerely hope you can reach some sort of satisfactory conclusion.

One wonders if PPE by way of breathing mask/apparatus may be suggested to get round this! Be better to eliminate the cause though (IMHO).

Take care

CFT
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#21 Posted : 09 June 2008 14:43:00(UTC)
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Posted By Rob T
Hi CFT,

Roy Castle had type 2 lung cancer which has no known association with tobacco smoke - hence he was dropped immediately after his Post Mortem, by ASH! Such a caring organisation.
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#22 Posted : 09 June 2008 15:09:00(UTC)
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Posted By S Sidwell
John, i also have the pleasure of working "inside". and what we have in place is a ssow we use on entering an area, an area where someone smoking is present. Without going to far in to it, you will understand what I mean!!!
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#23 Posted : 09 June 2008 15:17:00(UTC)
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Posted By Paul Graham Baskeyfield
There are no WELs for tobacco smoke, but after looking at the CHIP3 Classification & Labelling guide, I'd say that 2ry tobacco smoke would reasonably be classified as R49 (may cause cancer by inhalation) Cat 2 (evidence available to strongly presume that exposure may result in cancer in humans). Aka Roy Castle who died of lung cancer despite never smoking himself, although having a huge exposure to 2ry smoke. This would mean that COSHH Reg 7(7) would apply whereby you are legally required to reduce exposure to as low a level AIRP.

Would banning smoking by prisoners be a reasonably practicable measure? (even though other legislation allows it) - zero would be as low as you could get. I'd say that the alternative of BA sets or power assisted RPE worn by all prison staff would be less practicable and would'nt get exposure as low.

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#24 Posted : 09 June 2008 15:26:00(UTC)
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Posted By CFT
Rob

It's probably going off the original question somewhat, but that is interesting and thank you for correcting my erroneous reference to Roy Castle.

Are 'we' saying then that no evidence exists to show that passive cigarette/pipe/cigar smoke could lead to lung related diseases which may cause the loss of life or reduce life expectancy and that the original question from John regarding COSHH and his concerns have no grounds for concern? Just curious.

CFT
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#25 Posted : 09 June 2008 15:41:00(UTC)
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Posted By Paul Graham Baskeyfield
Hi,

You may be correct wrt Roy's cancer, but
i've just looked up secondary tobacco smoke in the official IARC List of Cancer causing agents & I can tell everyone it is listed as a group 1 carcinogen - causes cancer in humans.

If anyone would like the source, i can send them the link.

This means that it is R49 cat 1 & employers do have to get exposure down as low as is reasonably practicable.
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#26 Posted : 09 June 2008 16:34:00(UTC)
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Posted By MP
No-one has yet commented on removing one hazard and replacing it with something else.

I don't think it takes too much imagination to estimate the unrest caused by a smoking ban.

As the inmates are unable to nip out for a quick fag I am sure tempers will get frayed and fists will fly. The population are not well known for abiding by societies rules and I am sure a lawyer will argue the mitigation of an assault as being caused by my clients reaction to being deprived of nicotine, etc., etc.

If I were working in a prison, I would rather the population were happy and less likely to want to strike out at the nearest authority figure.


I'd say the health risk of physical violence is far higher than the risks of passive smoking.
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#27 Posted : 09 June 2008 16:44:00(UTC)
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Posted By Paul Graham Baskeyfield
MP,

I agree - obviously the risk of violence would have to be considered when control measures are planned. If one presumes that the cost of exhaust ventilation in each cell would be prohibitive for such a short term exposure, then it looks like RPE is the only reasonable answer. There would not be any reason to measure the levels however, as the best suitable RPE would be needed to control a cat 1 carcinogen whatever the exposure.
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#28 Posted : 12 June 2008 10:55:00(UTC)
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Posted By John Cook
Thanks to everyone for the responses and debate, I have not been able to respond before now..

I have since found out that a generic/ representative assessment (agreed with national executive committee of the union) was carried out by an occupational health specialist on behalf of the organisation in April 2006.

It shows that the level of nicotine present was 0.12% of the WEL.

I have yet to get any further response from the local branch.
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#29 Posted : 12 June 2008 11:34:00(UTC)
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Posted By Konstanty Budkiewicz
John,

In your originally posted query you asked if a COSHH assessment has been carried out for this activity. The purpose being to ensure that union members were not exposed to substances which are harmful to their health. When you reply, I suggest that as a point of clarification you mention that the intent of the law is control exposure at below harmful levels, and not to necessarily stop exposure entirely.

The only other point of detail that may require clarification to answer your colleague's query is:
a. was the assessment related to passive smoking only?

b. was the stated WEL linked to an 8-hour shift?

c. do your staff actually work to this pattern of contracted hours?

All of the above have the ability to affect the stated WEL.

Kon CMIOSH
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#30 Posted : 12 June 2008 11:46:00(UTC)
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Posted By Paul Graham Baskeyfield
Hi John,

I assume the WEL mentioned is for nicotine from EH40 as there is no WEL for tobacco fumes. This has a STEL as well as a 8hr figure. I would still say that you should get exposure as low as reasonably practical due to the carcinogenic fumes as a whole, rather than just nicotine.
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