Sheffield Hallam University has a statutory duty to ensure that the working environment is healthy, as far as is reasonably practicable. The Health and Safety at Work etc. Act 1974 and the Health Act 2006 provide for a ban in England and Wales on smoking in enclosed places to which the public have access. The University has a duty to protect non-smokers from the risk of passive smoking whilst behaving reasonably towards smokers. It must also seek to discourage furtive smoking, which may constitute a fire risk. Anyone caught flouting the ban either by allowing smoking in the University's premises, by failing to install adequate signage or by smoking themselves, could receive a fixed penalty of between £30 and £200, or even face criminal prosecution, which could result in a fine of up to £2,500, depending on the charge brought.
This policy applies to all employees, contractors, visitors and students of Sheffield Hallam University on all University premises and in all University vehicles.
The Health and Safety at Work etc. Act 1974 places a duty on employers to provide a working environment for employees:
"Provide and maintain a safe working environment which is, so far as is reasonably practical, safe, without risk to health and adequate as regards to facilities and arrangements for welfare at work."
The Workplace (Health, Safety and Welfare) Regulations 1992 requires employers to protect employees from the effects of tobacco smoke. The Health Act 2006 provides for a ban in England and Wales on smoking in enclosed places to which the public have access from the 1st July 2007.
4.1 The right of the non-smoker not to be exposed to second hand tobacco smoke is paramount. This following section defines the standards that Sheffield Hallam University expects of all its employees, students, contractors and visitors:-
4.1.1 All buildings under the control of the University will be smoke free unless noted in the exemptions below in section 4.3.
4.2 Signage as detailed in the Smoke-Free (Signs) Regulations 2007 will be displayed at the required locations across the University's estate.
4.2.1 Smoking is prohibited immediately outside a building and by entrances to buildings where smoke can be drawn into buildings (e.g. through doors, windows, air conditioning systems);
4.2.2 All University owned/leased vehicles will be smoke free at all times
4.3 Smoking is allowed in the following designated external areas, subject to the limitations above:
4.3.1 On the concourse areas between the Norfolk Building and the Adsetts Centre
4.3.2 On the concourse area between the Atrium and the Eric Mensforth Building
4.4 At Collegiate Crescent, smoking is not allowed in areas as outlined in 4.1, however due to the layout, the University is unable to designate an official smoking area.
4.5 Any employee taking time out for smoking can only do so in allocated breaks or with their line manager's permission. It is the responsibility of managers to ensure equity and fairness of treatment between smokers and non-smokers in their team.
5.1 The use of e-cigarettes and the charging of e-cigarettes in University buildings and vehicles is prohibited.
Appropriate signs will be displayed throughout University premises reinforcing the no-smoking policy. Individuals requiring information on the effects of smoking and/or advice on giving up smoking may visit the NHS website or contact the NHS Smoking Helpline on 0800 169 0 169; Smokefree Sheffield provides useful guidance for staff wishing to stop smoking and presents information on local sessions across the city and alternatively staff may contact the University Wellness Clinic, which offers a no-smoking workshop.
This Policy will be communicated to all job applicants in information packs and included within the induction programme given to all new employees.
8.1 As with all aspects of Health and Safety at Work, the PVC/ Director of each Faculty/Directorate is responsible for ensuring that the Policy is observed and all members of the University community have a responsibility to comply.
8.2 The University expects smokers to respect these measures and comply with the Policy and the Health Act 2006. Employees who do not comply with this Policy will be reminded about the serious consequences of their actions (including criminal prosecution) and, if needed, will be offered support through Occupational Health. Continued failure to comply will result in disciplinary action, using the agreed procedures.
8.2.1. All students will be subject to the Student Disciplinary Regulations in respect of non-compliance with this Policy.
8.2.2 All contractors and visitors who do not comply with this Policy will be asked to leave the premises of Sheffield Hallam University and where considered necessary their organisation will be contacted.
8.3 If a member of staff is aware that another person is not adhering to the Policy then they should draw it to the attention of their immediate line manager.
8.4 The Policy will be enforced on a daily basis by University Security Staff with the support of all University staff.
9.1 Twelve weeks notice will be given of any changes made to the policy. Trade unions and health and safety representatives will be consulted in good time about any proposed changes.
9.2 The Policy will be reviewed every 12 months.