My Health Your Safety – Part 1 - Smoking

Snugglepuss

Unfortunately, I have been busy with other work recently. However, I have managed to get a bit of time and thought I would treat you to an insight into some of the Health and Safety issues that you will need to know about whilst in your working environment.

So, here is the first in a series of Health and Safety articles. I hope that they are of use

Firstly, I am just going to do me a little get out clause - I have researched this and believe it is factually correct - If I have missed anything or you have a question - feel free to ask away

Smoking

So geeky friends you are partial to a quick puff in between clients and decide that you will go off into the back room and have that well needed cigarette – it’s ok isn’t it? NOPE afraid not, not anymore. Not only do you risk causing an explosion or fire with the flammable liquids stored within your salon, but you could face a fine if either you or your customers are caught smoking in a banned area.

Why the new law?

The law aims to protect the general public from the harmful effects of passive smoking. Breathing other people's smoke is called passive, involuntary or second-hand smoking. The non-smoker breathes both the smoke from the burning tip of the cigarette and also from the smoke which has been inhaled and then exhaled by the smoker. Smoking is a major contribution to air pollution – especially inside 4 walls

In Scotland there is already a smoking ban in place the came into effect in March 2006,
In Wales 2nd April 2007,
In Northern Ireland 30th April 2007,
In England expected to be implemented on 1st July 2007.

Where will smoking be banned?

Smoking in all indoor public places will be banned. Some Public places already have a no smoking policy such as train and bus stations, public transport, theatres, cinemas, most football grounds, and lots of offices. Therefore, the ban will impact mainly places such as pubs, restaurants, nightclubs, hospitals, work vehicles and sport centres.

The list of places that are to be included will be areas such as:

A place where the public has access,
A place where the premises are being used wholly or mainly as a place of work,
A place which is being used as a club or pub,
A place the premises are being used wholly or mainly for the provision of health care or education.

It will be an offence to permit others to smoke in a no smoking premises,
It will be an offence to smoke in a no smoking premises,
It will be an offence not to display warning notice in premises where smoking has been banned. (See below for an example of a no smoking policy).
It will be an offence for you to refuse access to your business to an enforcement officer or if you fail to give the enforcement officer the name of someone’s name and address who do not adhere to the no smoking policy.

Only a few exemptions to the law have been made.

Exemptions are premises such as, residential accommodation,
designated rooms in adult care homes, adult hospices,
designated rooms in psychiatric hospitals and units,
designated hotel bedrooms, designated detention or interview rooms, designated rooms in offender accommodation premises, offshore installations, and private vehicles.

The rooms designated in these exempt places, will have to be clearly signed as the room where smoking is permitted. There must not be any ventilation from the designated room, which could allow smoke into other rooms. However, there must be means for the smoke to escape through a window (or external door) which can be fully opened. In places such as care homes, there should be means for the air to be forcibly removed and vented out side.

Staff and visitors will not be allowed to use the room as the room is provided for the residents use only.

I have a smoke free designated area - do I have to do anything?.

Surely, this is enough? Unfortunately no, it is believed that there is no safe level of exposure to second-hand smoke. Ventilation systems improve comfort by removing the smell and visibility of the smoke. They do not remove toxic carcinogens from the air. So your fabarooni dust extraction system will get rid of the smell of both cigarettes and various products, along with the dust but nothing else!

You do not have to provide an outside shelter, smoking area, or stubbing out bin for your employees. This will probably mean that they will stand outside the salon door for their cigarette break – this will not create a good impression, so you may have to be prepared to discuss this before the implementation of the no smoking ban.

Be aware if you work on your own in your salon on the high street, then you still will not be allowed to smoke inside the premises. Not only that, if you are mobile and your car is registered for business use, it appears that you (or passengers) will not be able to smoke in your car.

If you work from home then you can smoke and technically, if you are mobile, you can smoke in your client’s house if they allow it! But, from what I understand, if you hold a function in a marquee, then yup, smoking is banned!

What will happen if I'm caught smoking in a banned area?

If you're caught smoking in a banned area you could be fined £50. Those in charge of the premises would be fined if they let you get away with it - they could face a £2,500 fine if they fail to stop you. They could also be charged on-the-spot fines of £200 if they fail to display no-smoking signs, with the penalty increasing to £1,000 if the issue goes to court.

That basically covers the new law. Below is a sample Smoke free policy, which you should have in your salon (you can find them on the internet as I did this one!)

Hope this article has been helpful and as I said earlier, I will try and answer any questions.

Purpose

This policy has been developed to protect all employees, service users, customers and visitors from exposure to second-hand smoke. Exposure to second-hand smoke, also known as passive smoking, increases the risk of lung cancer, heart disease and other illnesses. Ventilation or separating smokers and non-smokers within the same airspace does not completely stop potentially dangerous exposure.

Policy

It is the policy of [insert name of business] that all of our workplaces are smoke-free and all employees have a right to work in a smoke-free environment. The policy shall come into effect on [date] and be reviewed on [date] by [name].
Smoking is prohibited throughout the entire workplace with no exceptions. This includes company vehicles. This policy applies to all employees, consultants, contractors, customers or members and visitors.
[If there are external areas where employees and customers can smoke, these should comply with the law and can be outlined here]

Implementation

Overall responsibility for policy implementation and review rests with [name (the manager or person in control of the premises)].
All staff are obliged to adhere to, and facilitate the implementation of the policy.
The person named above shall inform all existing employees, consultants and contractors of the policy and their role in the implementation and monitoring of the policy. They'll also have to give all new personnel a copy of the policy on recruitment/induction.
Appropriate 'No smoking' signs will be clearly displayed at the entrances to and within the premises.

Non-compliance

Local disciplinary procedures should be followed if a member of staff does not comply with this policy and customers, visitors or passengers who do not comply should be made aware of what should happen if they ignore the no smoking policy.

Those who do not comply with the smoking law are also liable to a fixed penalty fine and possible criminal prosecution.

Help to stop smoking

Support for smokers who want to stop will be provided [provide local details here].