Can employer ban smoking outside????

[poppynurse]

My employer is bringing in a total ban on smoking. We are not even going to be allowed to smoke in our own vehicles in the car park. They have said we can change out of uniform, walk up to the public highway, have a cig, come back and change again - all in 15 minutes??? Up to now we have been able to smoke outside in the fresh air but on the premises.

 

Is this complete ban legal (particularly in my own vehicle). I know smoking is bad for me but what harm am I doing anyone else out in the fresh air! Further it is custom and practice for us to be 'on-call' during our breaks and I work 13 1/2 hr shifts........can't go that long without a fag!

 

Is there anything we can do about this?

[Surfer01]

They are probably within their rights as you are on their property. If you went off the premises for a cigarette at a lunch time or a break I doubt very much if there is anything they can do about it.

[barracad]

I don't think they can force you to change out of your uniform, but they are quite entitled to make you leave the premises completely and go on to the public highway.

 

Now might be a good time to quit smoking if this is an otion you have previously considered. You can get free help and support from the NHS. Just a thought.

[cadencealex]

I am sorry to say but I think that's a great idea - my old employer used to do the same. We had to walk away from the building and didn't have long at all.

 

Hopefully people will be able to cut down altogether - I am a smoker btw, and I HATE it. It's depressing.

[poppynurse]

I keep trying to give up but failing. And it is the NHS I work for! I used their smoking service but the lady kept forgetting to turn up so I started smoking again

Can they stop me smoking in my car?

And there is an expectation that we will either not have a break or be available to come back at a moments notice if things 'hot up' - not sure how they are going to get hold of me if I'm stood on the main road!!

[barracad]

Can they stop me smoking in my car?

 

If you are parked on their property, yes.

 

And there is an expectation that we will either not have a break or be available to come back at a moments notice if things 'hot up' - not sure how they are going to get hold of me if I'm stood on the main road!!

 

If you are working 13 hour shifts you need to have regular, uninterrupted breaks. If this is not happening then you need to speak to your union rep.

[ozzywizard]

Yeah speak to Unison or your own union. They can stop you smoking in your uniform as a hygiene thing. Depends on what department you work for. And they can ban you from smoking on their premises also so these combined I would say they can do as they are doing. However as a smoker myself this is real unfair and they are not being sympathetic to your habit etc.

Seriously speak to the union . Dont the patients (cleints) have a smoke room or smoke sheds etc ? If so surely you can take uniform off and go there in break.

[barracad]

They can stop you smoking in your uniform as a hygiene thing.

 

But how could they prove it if she is off premises? If she is a smoker and smokes in her house, her uniform will more than likely smell of tobacco anyway - there is no way of proving that she was actually wearing the uniform whilst she was smoking.

 

 

 

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[poppynurse]

I work in critical care so having a fag is a way of releasing the pressure so to speak.

Patients/relatives are also being banned from smoking completely from December 1st.

[ozzywizard]

But how could they prove it if she is off premises? If she is a smoker and smokes in her house, her uniform will more than likely smell of tobacco anyway - there is no way of proving that she was actually wearing the uniform whilst she was smoking.

 

Only time they could do this is when the uniform is to be kept on site and then not allowed out in uniform anyway. Such as working in theatre etc or my bro in law works in a food factory etc.

 

I work in critical care so having a fag is a way of releasing the pressure so to speak.

Patients/relatives are also being banned from smoking completely from December 1st.

 

This is really bad, I know when I worked for the NHS in mental health we used to encourage clients to smoke (if they were a smoker) to calm them down and relax.

[poppynurse]

Not to mention that the only place to get changed is the toilet and there is no where to store clothes....

[patdavies]

But how could they prove it if she is off premises? If she is a smoker and smokes in her house, her uniform will more than likely smell of tobacco anyway - there is no way of proving that she was actually wearing the uniform whilst she was smoking.

 

Presumably if someone is seen smoking in uniform.

 

My company doesn't even allow smoking in company cars - wherever they are.

[breadline]

I think the none smoking in uniform comes under them classing it as causing bed views to there company and if they dont want a habit that kills being connected to there company or for any other reason then they can do it.

 

They would say ,you dont care about your apperance.

 

The companies that are hot on it now are holiday companies.

 

Was this the terms in your contract when you joined, i dont know if you can refuse on those grounds.

 

BL:)

[ukaviator]

The smoking in uniform is prohibited because you are likely to contaminate your uniform with small particles of your saliva from the smoke all around you. Simular rules apply in areas where Food Hygiene laws are in place. Prevents Cross Contamination to other people,especially people in Hospital.

 

Uk...

[chesham]

The age old debate - smokers vs non-smokers.

 

There are so many of these going round, people are getting more and more confused. One of the most popular arguments is that smokers get more 'free time' than non smokers. However, in the majority, smoker's subconciously take shorter lunch breaks and guidance given to non smoker's is that once an hour (the average time from one cigarette to another) get up from your desk and go and make a cup of tea or have a walk round the building for 5 minutes. You don't want to? Ok, well then don't say you weren't given the chance!!

 

Do you think the above is rude, arrogant or unfair? It's actually not, and it's what a lot of HR departments are now advising, because it's getting closer and closer to someone being discriminated against and only a matter of time before a case like this ends up at a tribunal.

 

At the end of the day, no one has a legal right to smoke. If you go to a friends house, who doesn't smoke, you don't hang out the window to have a cigarette do you? Most people I know will either go outside a distance from the house or wait until they are on the way home.

 

However, employers cannot afford to have a riot of smokers angry with them; what if the MD or a director smokes? Shooting themselves in the foot!

 

My local hospital now has no smoking on the premises at all; however, if you are able to leave site, then they cannot stop you from smoking. But my advice would be is to (if you are allowed) to leave site, walk a short distance away, make sure your uniform is not visible (i.e. large coat or similar), have a smoke and go back to work. Making the effort to not smell like an ashtray is also showing you are proactive and trying to accomodate your employer's wishes. Carry some polo's or breath mints with you, and by wearing an overlayer you are preventing the smell from penetrating your uniform too much. A quick wash of the hands (as I'm sure you already do, working in the NHS?!?!) and you'll be good to go.

 

In conclusion, if they say no smoking on the premises, then there is no smoking on the premises. No getting round it, no unfairness and no legal obligation to let people smoke.

 

P.S. I am a smoker. :o

[avlasc]

I work for BT and they have done it .... being an ex smoker I think its great ;o)

 

Joking aside BT have erected smoking shelters that look like bus shelters, yet people still do it by the entrances, which is horrible if you happen to walk by and get a whif of their smoke .. so face up to it ... smoking is nasty, if you want to smoke go somewhere that doesnt affect others ....

[ozzywizard]

smoking is nasty, if you want to smoke go somewhere that doesnt affect others ....

 

Thats right, agreed . . like go to the designated area that the company supplies.

[gizmo111]

Thats right, agreed . . like go to the designated area that the company supplies.

 

Except they aren't supplying any designated areas.

[ozzywizard]

Well exactly, so people who have an habbit to smoke will go were they shouldnt. It is far better for companies to provide designated places so this does not happen.

[gizmo111]

Well exactly, so people who have an habbit to smoke will go were they shouldnt. It is far better for companies to provide designated places so this does not happen.

 

Until about a year ago we had a very nice but smelly smoing room - now we have bto go outside and that is going to eb abnned soon.

[alvinlwh]

Let me guess, you are from one of the Health Trust in Northen Manchester? Pennie Acult Trust I think? A pain for me too when working there.

[poppynurse]

Let me guess, you are from one of the Health Trust in Northen Manchester? Pennie Acult Trust I think? A pain for me too when working there.

NO!!! Lincolnshire, looks like they're at it all over!

[dom2599]

North East aswell, personally i think it's good, nothing worse than having to walk past 20 people puffing away around the door of the building.

 

Anyway, the latest from my lot:

 

Going smoke free

The trust has a responsibility to protect the health of its service users, staff and visitors and will become a smoke-free organisation on 1 January 2007.

All NHS organisations have made a commitment to be smoke free by the end of 2006. The reasons for doing this have been widely publicised across the country and the dangers of smoking and second hand smoking have been well documented.

Smoking is far more common in the field of mental health (almost three times higher than across the general population) and we have a responsibility to support our service users and our staff to stop smoking.

Being smoke free means that, as a principle, smoking will not be permitted in any of our buildings, grounds or vehicles. This applies to all staff, service users and anyone entering or visiting our premises.

There will be some limited exemptions to these regulations, for instance places that are classed as a person’s home and, in exceptional cases, where a person’s care plan allows them to smoke. In these instances, designated smoking areas will be provided (in the grounds, wherever possible). These arrangements are still being discussed locally at individual hospitals and units and will be in place by the end of December. We will also monitor and review the use of exemptions on an ongoing basis.

We will encourage and provide support to service users and staff who want to stop smoking. Service users will also be offered support to cope with the restrictions if they do not wish to stop smoking (this will include offering nicotine replacement therapy).

Information about the smoke free policy will be widely publicised both before and after 1 January 2007 to ensure that everyone entering our premises understands that we are a smoke free organisation:

[alvinlwh]

North East aswell, personally i think it's good, nothing worse than having to walk past 20 people puffing away around the door of the building.

 

There is no need to walk past the 20 people if they would provide a smoking room.

[poppynurse]

I normally hide outside in a little spot where no-one can see me - can't see what harm I'm doing there