Smoking and
Schools
Smoke free England 1st July 2007
What it means for schools
A law requiring smokefree environments in workplaces and
public places comes into effect at 06.00hrs Sunday 1st July 2007.
This legislation ensures that workers, including those in schools, are protected
from the risks to health from tobacco smoke and are guaranteed their right to
work in a smokefree environment.
(NOTE: Regulations will clear the parliamentary process
in March. Whilst we do not expect any changes, this guidance should be regarded
as interim and may be subject to alteration)
Which schools are covered by the legislation?
The legislation
covers all schools. It means that indoor smoking rooms and smoking in works
vehicles used by more than one
person will no longer be allowed. Smoking will
not be allowed in ‘substantially enclosed’ structures.
What do ‘enclosed’ and ‘substantially enclosed’
mean?
Enclosed: the
premises has a roof and is wholly enclosed by walls. It includes temporary
structures such as tents and marquees.
Substantially
enclosed: the structure has a ceiling or roof and openings in the walls
represent less than 50% total wall area. (Doors and windows are regarded as
closed) This is called the ‘50% rule’. For more detailed information click onto
www.smokefreeengland.co.uk.
What will the legislation mean in
practice?
It requires head
teachers and schools governors to:
·
- Ensure
all enclosed and substantially enclosed premises and work vehicles used by more
than one person are smokefree
-
Display
required ‘No-smoking’ signage at all public entrances of the school and in work
vehicles. The required signage will be available free by registering at www.smokefreeengland.co.uk.
- Take
reasonable steps to ensure that staff, students and visitors are aware that the
premises is legally required to be smokefree and that everyone complies with the
law.
Does the legislation cover grounds?
The legislation does
not include outdoor areas. However, the site may already be designated ‘smoke
free’. In addition, if you have been awarded National Healthy School Status or
are working towards it, the Status requires outdoor areas to be smokefree. All
local authorities were notified of the following minimum requirement through the
National Healthy Schools Status audit: for the Standard in December
2006:
·
-
The
school is a smokefree site or plans are in place for it to be so by summer 2007
(exception: caretaker’s house)
-
Children/young
people, staff, parent/carers and governors have helped in the development of the
smokefree site.
- The
school is proactive in providing information and support for smokers to quit.
There is help
available to assist you in complying with the legislation and the smoke free
requirements of the Healthy School Status from your NHS Primary Care Trust’s
local tobacco control lead. For more information on Smoke Free Warwickshire's projects on
smoking and young people,
please contact the Tobacco Team on 0800 085
2917.
Why make school grounds smoke free when it is not required by
legislation?
- It
gives a powerful message to children and young people that smoking is socially
unacceptable
- It
contributes to the development of a health promoting school
- It
strongly reinforces the school’s health education programme
·
- It
means that young people may not be exposed to smoking behaviour for most of the
day
·
- It
encourages young people not to start smoking and helps smokers to quit and stay
stopped
- It
makes your school eligible for the National Clean Air Gold Award
The legislation does
include potential powers for the government to make outdoor places smoke free,
however it currently is focussing on ensuring enclosed and substantially
enclosed places are smoke free. If there is significant risk that people are
exposed to tobacco smoke outdoors it may review its policy regarding these
areas. Many organisations are already making their sites smoke free, including
many hospitals and Football League sports stadia.
Do schools have to provide smoking breaks or outside smoking
areas?
No on both counts.
By law, employers must give staff an uninterrupted rest break of 20 minutes when
their daily working time is more than six hours. (For staff under 18 this is a
half hour break after four and a half hours.) Staff can, of course, smoke
during their rest period, if they choose, but they must not smoke in an enclosed
or substantially enclosed area. As an employer you must decide whether or not to
permit smoking elsewhere on your premises e.g. in open car parks, grounds, or
shelters and you should indicate where smoking is allowed in your smoking
policy. (If you have the National Healthy School Standard, smoking will not be
allowed on the school site, with exception of caretaker’s house) Most schools
and colleges adopt a ‘whole site’ approach and do not allow staff to smoke on
the premises. Any existing smoking rooms will have to close.
What should be included in a smoke free policy?
A
successful policy does the following:
-
Acknowledges the
right of employees to work in a smoke free environment
- Consults with all
those affected by the policy
- Identifies
management and staff with responsibility for implementation of the policy
- Provides
information for staff and students on help to quit smoking
- Communicated to
all staff and students that from 1st July 2007 it will be illegal to
smoke in enclosed and substantially enclosed premises
- Identifies outside
areas for people who choose to smoke
- Describes how to
deal with non-compliance
- Indicates how it
fits within the schools’ existing health and safety and disciplinary
policies.
What are the penalties for non-compliance?
Responsibility for
compliance rests with school personnel accountable for complying with
legislation:
·
- Failure
to display required no smoking signs a £200 fixed penalty notice
- Smoking
in a no-smoking place a fixed penalty notice of £50
- Failure
to prevent smoking in an enclosed or substantially enclosed place: up to £2500
and a court case.
What help is there help
for people to stop smoking?
The NHS offers a
wide range of excellent, free and easily accessible support for smokers
including local NHS Stop Smoking Services, the Together Programme, the NHS
Smoking Helpline, 0800 169 0 169, and nicotine replacement therapy (NRT) and
other pharmaceuticals on prescription.
Where can I get signage and
resources?
Log onto
SmokeFree England or phone the Smoke free England Information Line 0800 169
1697 and register for the latest updates including FREE signage and
resources.