NHSScotland 'Once for Scotland' Workforce Policies - Managing Health at Work - Public Consultation

4. Smoking and Vaping

4.1. Aim

4.1.1. The policy aims to provide a framework to:

• improve employee health by offering support to those who smoke or vape and would like to stop
• provide details about employees’ legal rights to be protected from exposure to tobacco smoke.

4.2. Scope

4.2.1. This policy applies to all employees. It also applies to bank, secondees, agency, sessional workers, volunteers, contractors, and those on placement, such as trainees, students, or individuals undertaking work experience.

4.2.2. Reference to employees applies to all these groups unless otherwise stated.

4.2.3. This policy complies with current legislation and meets the aims of the Public Sector Equality Duty of the Equality Act 2010

4.3. Definitions

4.3.1. Nicotine

Nicotine is a chemical found in all tobacco products and some e-cigarette liquids. It is a highly addictive substance that is naturally present in the tobacco plant. Laboratories can also produce nicotine synthetically.

4.3.2. Smoke

“Smoke” means smoke from tobacco or any substance or mixture which includes nicotine; and a person is taken to be smoking, if the person is holding or is in possession or control of a substance or mixture which includes nicotine.

4.3.3. Vape

Vapes are electronic devices that let you inhale nicotine in an aerosol, or vapour, instead of smoke.

4.4. Roles and responsibilities

4.4.1. There is a range of standard expectations which underpin all policies. Read more about standard roles and responsibilities. In addition, the following specific responsibilities apply to this policy.

4.4.2. Employer

4.4.3. The employer must:

• Comply with all legislation relating to smoking and vaping.

4.4.4. Manager

4.4.5. The manager should:

• Make sure that policy is implemented within their work area
• Support employees who wish to stop smoking
• the employee to return to work as soon as possible

4.4.6. Employee

4.4.7. The employee should:

• Comply with this policy and the Uniform policy regarding smoking
• Seek assistance to stop smoking should they wish to do so

4.4.8. Manager

4.4.9. The manager should:

• Make sure that policy is implemented within their work area
• Support employees who wish to stop smoking
• the employee to return to work as soon as possible

4.5. Commitment to a smoke-free environment

4.5.1. Smoking or vaping is not permitted:

• Within 15 metres of any NHS hospital building.
• Within NHS premises and grounds which are not hospital buildings, except in designated smoking areas (where applicable)
• In an NHS vehicle
• In any vehicle on health service grounds

4.5.2. If employees are found smoking or vaping in areas where it is not permitted, may be regarded as misconduct and will be managed under the NHS Scotland Conduct Policy.

4.6. Support to stop smoking

4.6.1. Where an employee advises that they wish to stop smoking, support is via Quit Your Way, the stop smoking service. Employees will be supported through this journey.

4.7. Useful links

4.7.1. Quit Your Way Scotland 0800 84 84 84 or www.QuitYourWay.scot

The Prohibition of Smoking Outside Hospital Buildings (Scotland) Regulations 2022 (legislation.gov.uk)

4.8. Supporting documentation

It is proposed that the supporting documents listed below will be developed to support the policy. Supporting documents are not part of the consultation. These will be drafted following the consultation when responses have been analysed and the policy is developed in a final draft.

• Employee guide
  Descriptor: guide to help employees use and understand the Smoking and Vaping Policy.

• Manager guide
  Descriptor: guide to help managers use and understand the Smoking and Vaping Policy.

4.9. Consultation questions

We are inviting responses to this consultation using the Scottish Government’s consultation hub. The following questions are set.

In your response, all questions have the option to answer yes or no. You are invited to provide further comment in a free text box. If you wish to make specific reference to a section of the policy, please quote the relevant numbered line in this consultation document.

1. Do you feel there are any gaps in the policy?

2. Do you feel there are any gaps in the proposed list of supporting documents?

3. Do you have any other comments to make on the policy?

4. Do you have any views on the potential impacts of this policy on equalities groups?

It is against the law to discriminate against someone because of: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. These are protected characteristics under the Equality Act, 2010.