Smokefree Policy
From the 1st July 2007 it will be illegal to smoke or allow smoking in enclosed public areas of properties. The Health Act 2006 which bans smoking imposes obligations to take action to implement the ban and creates a number of criminal offences for those who choose to ignore or break the law.
This Unipol policy has been developed to protect employees, tenants, customers and visitors from exposure to second hand smoke and to assist compliance with the Health Act 2006.
The Unipol policy itself has been developed from the policy of University of Leeds Residential and Commercial Services and the Board is asked to THANK them for their help in this matter.
Smokefree Policy (as revised 10th July 2008)
1. Purpose
a. From the 1st July 2007 it is illegal to smoke or allow smoking in enclosed public areas of properties. The Health Act 2006, which bans smoking, imposes obligations on Unipol to take action to implement the ban and creates criminal offences for those who choose to ignore the legislation.
b. This policy is designed to protect employees, tenants, customers and visitors from exposure to second hand smoke and to assist compliance with the Health Act 2006.
2. Policy
a. It is policy that all public areas in developments and in Unipol's offices will be smoke free. Smoking is only permitted in bedrooms for the tenant of that bedroom and their guests. This will be reflected in any new tenancies printed after 1st August 2008.
b. The policy shall come in to effect on Sunday 1st July 2008. Smoking is to be prohibited in all enclosed and substantially enclosed premises. This includes company vehicles. This policy applies to all employees, consultants, contractors, students, tenants, customers and visitors.
3. Implementation
a. Responsibility for policy implementation and its future review rests with the Assistant Chief Executive - Development & IT who is also responsible for informing Unipol staff. All new staff are to be given a copy of the policy on recruitment/induction.
All staff are obliged to adhere to and support the implementation of the policy and are responsible for informing consultants, contractors, students, tenants, customers and visitors of the policy and their role in the implementation and monitoring of the policy.
b. Tenants of individually let dwellings and their guests will only be permitted to smoke in bedrooms with the door closed. Certain flats will be designated smoking flats to assist smokers and non-smokers to live apart.
c. Smoking is not permitted in kitchens/living rooms, corridors or shared toilets or bath/shower rooms in individually let dwellings.
d. Staff who wish to smoke outside of buildings should not smoke in areas where they will cause others to walk through their smoke or cause smoke to enter the building through windows. Care should be taken to ensure that ‘outside’ smokers do not congregate in areas where they might be exposed to any health and safety risks (e.g. traffic, building works, deliveries etc).
e. Appropriate ‘no smoking’ signs are to be clearly displayed at the entrances to and within premises in required areas, and in all smoke free vehicles. These signs must be displayed in a prominent position at every entrance to a smoke free building/premises. Signs must be durable and properly fixed by contractors. Signs must meet the following minimum requirements;
• is at least A5 size
• displays the no-smoking symbol
• contains, in characters that can be easily read by persons using the entrance, the words " No smoking. It is against the law to smoke in these premises"
• inside buildings, for example at an entrance to smoke-free premises from other smoke-free premises, signs can simply show the no-smoking symbol.
4. Enforcement
a. People smoking tobacco products in prohibited areas should be politely asked to desist.
b. Refusal to desist will be unacceptable and should be reported to the Housing Management Officer.
c. Visitors who refuse to desist should be politely asked to leave buildings (with the assistance of security staff if necessary).
d. Staff who refuse to desist from smoking may be subject to disciplinary action.
e. Tenants who refuse to desist from smoking after being asked politely to do so, should be provided with a letter by their Housing Management Officer advising them that their failure to adhere to this policy potentially puts Unipol in breach of legislation and unless they comply with the policy action will be taken against them. The letter will refer the student to their student advice service for support for smoking cessation.
f. Following a written warning, if the tenant continues to smoke in a banned area then the Tenancy Support Officer will arrange a meeting with them.
g. If they continue to smoke after this meeting then they should be sent a standard solicitors' letter.
h. If no positive response is received to the solicitor's letter Unipol will move towards possession proceedings.