smoking ban in nursing home?

Question

I work in a nursing home on nights and a carer I work with smokes. She says that when the smoking ban comes into force she intends to ignore it and continue smoking in the nursing home. The matron says she has to go outside but she is saying no as it;s a security risk. How can i enforce this....

yes Harley but we all have the right to clean smoke-free air.

Answer 1

Having looked at your profile you seem a caring sort of person so naturally I'll assume you'll try loads of diplomacy first.
Starting point is that management will have put in place all the legal requirements of signs, and must also do practical enforcement backup such as reminding employees of legislation, removing ash trays, provide stub it out containers & similar.
Then, albeit there are practical evidential issues with it being night time, the premises will be subject to local council enforcement. Offenders, because that is what smokers will be when the law commences, are liable to a fixed penalty £30 if paid within 15 days, goes up to £50 if not paid within 29 days and after that if it ends up as a court case up to £200. Fixed penalty tickets could be issued by the council on the credible evidence of an informant so they could come round to visit your colleague even after the event.
To encourage enforcement, failing to enforce the law by any one who manages or controls a non smoking place, is a potential max £2,500 court fine.
Regardless of ones views on smoking you and the matron are between a rock and a hard place, you have no option but to enforce the law.
There will be a telephone 'help line' 0800 587 1667 to report possible breaches of the law.

Answer 2

Many people are unaware that it is not only the person smoking that gets fined. Their bosses actually face a fine of £2500 for allowing an employee to break this law.
Tell her superior every time she does it. Ask them to do spot checks & catch her smoking. These rules are for the good of everyone's health & have to be obeyed.
If she doesn't want to go outside then tell her to stop smoking or at least do without until her shift is over.
I feel that it is unfair that smokers are allowed to go out for smoke breaks while others remain working.
I live in Scotland where the smoking ban has been in place for a year already. The only down side appears to be that every pub & restaurant now has a carpet of cigarette ends on the pavement outside.

Answer 3

The all England smoking ban comes into effect on 1st July 2007.

The smoking ban will be enforced in all public places including places of work. The nursing home where you work is 'a place of work' and therefore subject to the ban.

The simple way to enforce the smoking ban is to explain to the person who thinks she can ignore it, that not only will she be fined but also a very heavy fine will be placed upon her employer. We're looking at the word SACK, in respect of this.

Hospitals in UK do not allow smoking anywhere, even in their grounds. This rule may also apply to the nursing home where you work.

Answer 4

No smoking isn't banned in prisons. It wasn't banned in prisons when it came in in Ireland or Scotland either. I was in prison when they announced the ban and people were talking about it but because prison is your 'home' you will still be able to smoke there like in hotel bedrooms and stuff like that. You are allowed smoke in your cell and outside. When I was there it was allowed in a couple of other places officially but I'm guessing that's changed now. If you don't smoke you can ask for a non smoking cell and they are meant to give that to you if you want that. Most people in prison do smoke anyway. When you go in you get tobacco in your pack as you don't normally have money in your account for canteen for the first few days. It wouldn't really work in a prison anyway because as I said nearly everybody smokes. It's bad enough being in prison but when you're banged up for 22 hours a day (especially at the weekend) you do smoke more out of boredom. Don't agree that you should be made to give up just because you're in prison. If I have to go back in I couldn't imagine being able to cope without being able to smoke. Some of the people who don't smoke before start to smoke when they are locked up.

Answer 5

Smokers think it's a God given right for them to smoke any where they like and to take time off to do it. If she ignores the ban, you must report her or your authority will be undermined, and so will the home's. If she can ignore this directive, she will think she can do it with others. She sounds like she needs to be watched carefully as she is likely to do harm to the patients and property. If she does not care about harming them with smoke, she may not be too carefully with other things, like burning the place down with stubs. You don't want someone like that working for you.

Answer 6

Harley is SO wrong - this is not some petty 'rule' the home has brought in to annoy people, it is ENGLISH LAW! I certainly think you are within your rights to report this, and report every time she smkes inside after the law comes into effect. If your boss won't do anything, keep going up the chain until someone does. Above that, then the council perhaps?

Answer 7

Why not ask the matron to issue guidelines on smoking and make it quite clear that anyone who disobeys the law in this way will be subject to instant dismissal? In this way, if and when you have to report her you will be doing so not of your own initiative but on behalf of the establishment.

Answer 8

You can have her arrested. Bring the cops in.

Beyond that, in a nursing home, with oxygen it is actually a safety concern.

You could also have her fired. If she chooses to ignore policy, why should she be employed?

Answer 9

Easy enough....report any violations of the smoking ban to your supervisor in charge!

Best wishes.

Answer 10

First I'll say I'm not a smoker. This doesn't sound fair to the smoker, you tell her she can not smoke in the building but you will not take her somewhere where she can smoke. It is a nursing home not a prison. If I was the her I would get a lawyer and sue the nursing home. Smokers have rights too.