Protecting non-smokers - The Irish Experience Miriam Gunning SFHI 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 TypeInspectionsCompliance Hotel1,45493% Restaurant6,87399% Licenced Premises 14,40090% Other12,23097% Total34,95794%

Public support March 2005 The 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: Information calls, queries & complaints about managing compliance From 29 th March – 31 st 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!