Smoking in the workplace - the best approach

Despite what some of your staff might think there is no right to smoke and, as we become a more health conscious nation, lighting up while at work is becoming more and more of an issue. Naj Dehlavi, researcher at ASH (Action on Smoking and Health) outlines the best way to stub out the problem.

Despite what some of your staff might think there is no right to smoke and, as we become a more health conscious nation, lighting up while at work is becoming more and more of an issue. Naj Dehlavi, researcher at ASH (Action on Smoking and Health) outlines the best way to stub out the problem.

There is now consensus in the medical profession that second hand smoke, or SHS, is harmful to health. This is underlined by the recent call by the Chief Medical Officer and the British Medical Association for a ban on smoking in public places and research has clearly demonstrated those exposed can suffer serious negative health effects. It exacerbates asthma and angina and can lead to heart disease and cancer in those subjected to prolonged exposure. As workers spend a substantial part of their time in the workplace it is here that they are most vulnerable to such exposure.

So far it is fortunate for employers that the UK does not mirror the litigation culture in the US but it does not take too much of a stretch of the imagination that it will take only a single test case to open the floodgates. This year casino worker Michael Dunn settled a passive smoking case against his employer out of court. Had the trial gone the full distance and he’d won it would have set a precedent for some three million workers in this country who are not protected from SHS to challenge their employers. In light of this and the existing evidence on health risks larger companies are already cautious that it may be negligent for them not introduce measures to protect workers. In areas such as cafes or canteens, if it is not large enough to be effectively segregated into smoking and non-smoking sections, then it has to be designated as a non-smoking environment by law.

In line with obligations of employers laid out in the Health and Safety at Work Act 1974, employers must take measures to eliminate or at the very least minimise workplace risks. The law is especially specific about the responsibility you have to protect pregnant workers or those who with underlying medical conditions such as asthma .

Though many workers may have become accustomed to a smoking environment and may consider it their right to smoke under employment law, such an assessment is incorrect. In fact, there are no legal constraints if you want to implement a change in existing policy or introduce a new one.

Banning smoking at work remains the most reasonably practicable and cost efficient way of addressing the SHS issue. However, you should be aware that introducing such a measure is likely to an impact on those workers who do smoke.

To deal with this many employers tend to opt for a number of alternatives, a common one being providing designated smoking rooms. However such rooms introduce grey areas into a smoking policy, by and give rise to their own set of problems. For instance, some employees will end up working in proximity to smoking rooms and will be affected by drifting smoke. In addition the room often becomes a social focal point and regulating the number of times and when an employee can make use of it can also create friction between the smoking and non-smoking workers.

Another option considered by many as a solution to second hand smoke is installing a better ventilation system, but this is also fraught with complications. Ventilation can be prohibitively expensive to install and maintain and is ineffective in removing the smallest harmful smoke particles from the air offering only a cosmetic improvement. Implementing any policy that gives rise to problems at a later stage is simply bad management practice and should be avoided.

In terms of offering ‘fag breaks’ our advice to employers is to limit them to official breaks such as lunchtimes and tea breaks. Remember, a break from the computer screen is just that, not an excuse for a fag. In a recent case non-smoking employees have come forward and demanded extra time off to redress the disparity in break allowances.

Getting it right

Overall the best approach you can take is to behave responsibly and treat your workers equally. A good smoking policy will include some consultation with your employees. Though there have been cases of workers being sacked for smoking – this is just draconian, what it comes down to is drawing up and implementing a smoking policy which, not only deals with problems of passive smoking, but also takes into consideration the feelings of all your members of staff.

Such changes to policy would constitute a change in the employees’ terms and conditions and would require the usual period of consultation and you ought also to be mindful that a change in smoking policy will lead to a change in the working culture in the workplace. You should, therefore, be clear about the reasons for bringing in a policy change, giving enough notice so that workers can adjust to working in a smoke-free environment.

However you decide to address the issue remember nicotine has been deemed as addictive as heroin and cocaine so you should try and offer as much support, advice and literature on giving up smoking as possible during any transitory phase. At the very least it is worth having a bit of sympathy for the usually complaint and helpful member of staff who is all of a suddenly biting everybody’s’ head off! You might be public enemy number one in the short term, but, on the other hand, if your smoking policy leads to them kicking the habit once and for all then they might just end up being eternally grateful.