“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!