Smokefree Legislation: Enforcement and Regulation

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Smokefree Legislation Enforcement and
Regulation

• Helen Casstles
• Centre for Public Health
• Liverpool John Moores University

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Acknowledgments

• Ian Gray (CIEH)
• Andrea Crossfield (SFL)
• Brenda Fullard (GONW)
• Kris Williams (Student EHP)

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Revision

• Health Bill
• Part 1 Smoking
• Chapter 1 Smoke free premises, places vehicles
• Premises
• Signage
• Penalties
• Enforcement

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Changes following DH consultation

• Fewer exemptions
• Widened definition of smoke and smoking, to
  include non-tobacco products
• Bringing forward, by 18 months, the start date to
  2007
• Single introductory date for all businesses, in
  the summer rather than the winter
• Monitoring from the outset and review at three
  years

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Smoke-free premises

• Premises which are open to the public (when open
  to public)
• unless
• Premises used as a place of work
• by more than one person
• where public might attend
• then smoke free all the time.
• but
• Premises smoke free only in those areas which are
  enclosed or substantially enclosed

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Where will smokefree requirements apply?

• Every workplace, where more than one person works
  (paid or unpaid), that is enclosed or partially
  enclosed
• Enclosed completely enclosed on all sides by
  solid floor-to-ceiling walls
• Substantially Enclosed total area of roof and
  walls exceeds x of notional roof and wall area
• Vehicles
• Including trains, vessels, aircraft and
  hovercraft
• Other public places
• where persons present likely to be exposed to
  smoke

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Proposed exemptions

• Private residential space
• adult hospices
• prisons
• long-stay residential care facilities
• other enclosed places which also act effectively
  as the persons dwelling
• e.g. hotel bedrooms.

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Complying

• Employers and managers will need to make all
  reasonable efforts
• To inform staff, customers and visitors (e.g.
  sub-contractors) of prohibition on smoking
• To ensure that staff, customers and visitors do
  not smoke on the premises
• To ensure that contraventions cease and are not
  repeated

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The Smoke-free Policy

• A policy (written or oral) on the duty to provide
  employees with a smoke-free work environment to
• Identify responsibilities of managers and staff
  in implementing the policy
• Specify procedures to follow in case of
  non-compliance
• Provide sources of advice and support for staff
  who smoke

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Institute of Occupational Safety HealthA
breath of fresh air Introducing a smoke-free
policy at work

• www.iosh.org.uk/files/technical/Abreathoffreshair
  2Epdf

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What are reasonable efforts?

• As a minimum employers and managers will need to
• Communicate the smoke-free policy, including
  procedures for dealing with infringements (normal
  disciplinary procedures apply)
• Display No Smoking signs prominently
• Remove all ashtrays and provide bins at entrances

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If a customer smokes

• Draw attention to No Smoking signs and inform
  that smoking is an offence
• Advise also offence to permit smoking
• State purpose of smoke free policy to protect
  health of staff
• If smoking continues refuse service and ask to
  leave
• If no co-operation use usual procedure for
  disruptive customer
• If abusive or violent call police
• Keep records

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But

• Need clear definitions
• Need synchronised implementation dates
• Need businesses prepared in advance with correct
  signage in place
• Need trained regulatory workforce
• Need support for enforcement agencies to achieve
  consistency
• Need public aware and confident to challenge

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When is an outside workplace inside

• Open fronted shops
• Covered markets and arcades
• Street stalls
• Access corridors
• Residential shared facilities

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Provision for smokers

• I've been tasked with finding a suitable site
  for a smoking shelter. Can anyone advise me of
  how far away they should be sited from a
  building. I'm conscious that legislation is on
  the horizon which will cover this but need to
  progress this as a matter of urgency based on
  current 'best practice' or the experience of
  anyone North of the border.

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• The provision of "smoking shelters" cannot be a
  HS question, since smoking is obviously not
  healthy nor safe.
• We banned all smoking on site including in car
  parks.... saved a fortune in smoking shelters and
  lot of staff have since given up because of that.
  
• our insurers insist on 5 metres clearance from
  any other building, with a regular cleaning up
  programme and fire buckets and sand packs for
  extinguishing butts

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• I have to ask -why are you are focusing on this
  provision?.Is this not an opportunity to invest
  instead in an ongoing employee smoking cessation
  programme and possibly do away with segregated
  zones and those differentials in break times
  which always seem to accompany 'assisted 'smoking
  and are divisive to all workforces?
• simply dont install them.

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Knockon effects

• Planning
• Highways
• Litter
• Street safety
• Door policies
• The solution

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Implementation group

• LA officers
• planning, highways, environmental health, fire
  service, police, etc
• Chamber of Commerce
• Community representative
• Hospitality trade
• Security Industry

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Compliance Strategy Seminars- Aim

• To prepare local authority managers and their
  partners to plan for successful and timely
  implementation of the smoke-free provisions
• To secure commitment and resource allocation from
  Cabinet, Portfolio and Scrutiny Members

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Enforcement

• Duty of local authority to authorise staff to
  enforce
• Not Health Safety Executive
• Not Police Authorities
• Prescribed qualifications may be required
• Limited powers
• Can require personal details
• But cannot detain, search, arrest

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Offences

• Not displaying warning signs
• Fixed Penalty Notice
• Smoking in a smoke-free premises/place
• Fixed Penalty Notice
• Failure to prevent smoking in premises
• Fixed Penalty Notice OR
• Prosecution for summary offence
• Note No escalating penalties or removal of
  licence to sell alcohol

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Training Needs

• Regulatory Officer Training
• variety of premises
• variety of offences and defences
• variety of enforcement measures
• variety of regulatory officers
• Information for trade and business associations

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Regulatory Officer Training - Aim

• To equip those persons with the regulatory
  responsibilities for the smoke-free legislation
  with the necessary knowledge, skills and
  competencies
• To secure maximum and consistent compliance
  through effective and efficient actions

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Youll never walk alone!
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Scotland went smokefree - April 2006
England goes Smokefree - 2007/2008
Northern Ireland goes Smokefree - April 2007
Republic of Ireland went Smokefree - March 2004
Wales goes smokefree - 2007/2008
Anticipated timescale only
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Scotland support for smoking ban
(www.cleaningtheairscotland.com)

• 100 of respondents aware of ban
• 73 thought law successful or very successful
• 30 of those employed had a dedicated area
  outside workplace to smoke (up from 22)
• 67 of those employed not allowed to smoke in
  workplace (up from 39)

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Compliance phone-line
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Compliance phone-line
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Key findings from evaluation of smoke free bars
and restaurants in Norway

• Ban commenced in June 2004
• www.globalink.org/documents/2005smokefreebarsandre
  staurantsinNorway.pdf

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With regard to enforcement compliance

• Staff believe that
• after total ban, customer compliance has
  generally increased, compared with former
  legislation with separate smoking areas
• after total ban, staff compliance has increased,
  compared with former legislation with separate
  smoking areas

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With regard to enforcement compliance

• Customer testimony
• found it easier to comply than expected
• Testimony from smokers
• general willingness to comply

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Attitudes towards the ban

• Staff believe that
• No change in attitudes towards the smoking ban
  before and after implementation
• Less fear of difficulties with smokers on the
  premises
• The ban an acceptable way to reduce passive
  smoking (70 agreed in 2004)
• Work conditions improved after the ban (57
  agreed in 2004)

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Attitudes towards the ban

• General public
• Increasingly likely to support the smoking ban
• Testimony from smokers
• No change in support before and after the ban

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What do we want!

• Substantial and sustained national publicity
  campaign
• National Office of Tobacco Control
• National Freephone reporting line
• Review and consideration of further regulatory
  controls

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When do we want it!

• NOW!
• or failing that 31 May 2007

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Contact details

• Helen Casstles
• Centre for Public Health
• Liverpool John Moores University
• www.cph.org.uk
• h.casstles_at_ljmu.ac.uk
• 0151 231 4516