Protecting non-smokers - The Irish Experience Miriam Gunning SFHI Co-ordinator.
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Transcript of Protecting non-smokers - The Irish Experience Miriam Gunning SFHI Co-ordinator.
“Protecting non-smokers - The Irish Experience”
Miriam GunningSFHI Co-ordinator
Overview
The Primary Aim ‘The Workplace BAN’ - Legislation,
Exemptions & Guidance Smoke Free Policy – Healthcare
facilities Compliance, Public support & Health
benefits Lessons learned
What was the goal?
Clean air in the workplace
Health and Safety
Protection of workers health
Public Health (Tobacco) Acts - Section 47
Offence for a person to contravene 47(1)
Owner, manager or other person in charge each guilty of an offence where there is a contravention of law
Defence if a person can show they made all reasonable efforts to ensure compliance
Section 47 Public Health (Tobacco) Acts
Prohibits smoking in places of work
Exempts certain premises e.g. dwellings, prisons, certain outdoor places or premises, psychiatric hospitals and nursing homes
OTC Guidance Documents
Employers / Managers
Seeks to clarify ‘all reasonable efforts’ requirement to avail of the statutory defence
Legislation
Enforcement
Policing
Exemptions
International experience
DOH&C Guidance - ‘Exempted’ Premises
Exemption does not absolve employers of their duty of care obligations Eliminate or minimise exposure
Need not avail of an exemption Exemption does not confer a right to
smoke Employer not obliged to provide
smoking facilities Exemptions should not apply to staff
under any circumstances
National Compliance Data
Business Type
Inspections
Compliance
Hotel 1,454 93%
Restaurant 6,873 99%
Licenced Premises
14,400 90%
Other 12,230 97%
Total 34,957 94%
Public supportMarch 2005The law was a good idea 93% inc. 80% of smokers
The law is successful 96% inc. 89% of smokers
Workplaces are now healthier – smoke-free law 98% inc. 94% of smokers
The Irish Workplace Smoking Ban Study
The workplace exposure of bar staff and customers to: Particulate pollution has decreased by over 83%, and
Benzene pollution has decreased by over 80%
ETS was the major contributor to particulate exposure and benzene exposure.
Conclusion: The workplace smoking ban has been effective!
Managing compliance 12 premises were prosecuted for non-
compliance – “ALL” were successful.
Smoke-free compliance locall no: 1890 333 100 Information calls, queries & complaints
about managing compliance
From 29th March – 31st Dec 3,121 calls made inc 1,881 complaints Majority in April From May 40-50/week
Requirements for Health Board Premises - Statutory
Take all reasonable steps to prevent smoking of tobacco in any enclosed workplace if not exempt from the legislation
Display no smoking sign in prescribed format
Signage for all workplaces
Requirements for Health Board Premises - Policy
All – no sales or advertising of tobacco
If not exempt – smoking only permitted in a designated non enclosed area and only for staff and clients
If exempt – Smoking in a designated area that minimises exposure to ETS for clients who consider the premises their dwelling
Clear signage where smoking is permitted
Acute & Maternity Hospitals
Legislation applies to acute & maternity hospitals
Smoke free policy in place
Clients advised of the smoke free policy on admission
Appropriate signage / voiceover
Staff and patients use outdoor smoking shelters
Psychiatric Hospitals, Nursing Homes & Hospices
Designated smoking area within the facility for patients
Staff smoke outside the building - some organisations provide shelters
Many organisations did not use exemption
CONCLUSION
The workplace ban on smoking has been a success.
It has resulted in an improvement in symptoms and lung function in bar workers.
It has helped to safeguard workers by reducing their exposure to the harmful effects of environmental tobacco smoke.
Lessons to be learned
Awareness Campaigns +
Engage all players +
Smoking Cessation Services -
Smoking shelters -
Creative smoking facility!
Thank you for your attention!