Frequently asked questions on the Smoke Free University
- Why do we have a Smoke Free University Policy and procedures?
The main aims of the policy and procedure are:
To protect all members of the University from the harmful effects of second-hand tobacco smoke;
To ensure that all member of the University are aware of their responsibilities;
To ensure that the University complies with the Law.
- What is the law in relation to smoking in public places?
The Smoke – Free Premises etc (Wales) Regulations 2007 will come into force on the 2 April 2007. Similar legislation came into force in Scotland in March 2006 and will take effect in England and Northern Ireland during 2007.
From the 2 April 2007 smoking will no longer be allowed in ‘enclosed’ or ‘substantially enclosed’ public places. There are very few exemptions to the smoking ban. The new law will affect most public premises, including workplaces and work vehicles.
- What does ‘enclosed’ mean and ‘substantially’ enclosed?
Premises will be considered ‘enclosed’ if they have a ceiling or roof (either a fixed or moveable structure or device), and except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis.
Premises will be considered ‘substantially enclosed’ if they have a ceiling or roof (either a fixed or moveable structure or device), but there are openings in the walls, which are less than half of the total area of walls.
- Does the legislation cover vehicles?
The Smoke Free legislation covers vehicles which are used to transport the public or which are used by more than one employee in carrying out work duties – even if this use is at different times or only intermittently.
Private vehicles (i.e. vehicles which are used primarily for private purposes by persons who own them or have a right to use them in an unrestricted way) are not required to be smoke-free.
- How will the law be enforced?
Failure to comply with the law will be a criminal offence, as set out in the Health Act 2006. Penalties and fines are being set in regulations to be made by the Department of Health;
Individuals may be liable to a fixed penalty of £50 for smoking in smoke – free premises. In cases of prosecution and conviction, the maximum fine is £200.
The manager or person in control of any smoke – free premises could be fined a fixed penalty of £200 for failing to display ‘No smoking’ signs. In cases of prosecution and conviction, the maximum fine is £1000.
The manager or person in control of any smoke free premises could be fined up to £2500 for failing to prevent others from smoking in those premises.
Authorised officers within each local authority will enforce the new law.
- Where is smoking prohibited in the University?
The University is committed to making its premises completely smoking free for the protection of all its staff and students. Smoking is not permitted in or on any University premises. This includes all communal work areas, individual rooms, stairwells, lifts, rest areas, toilets, car parks and grounds. Smoking is also prohibited within vehicles owned or operated by the University or vehicles hired or leased for University business
Smoking is not allowed on any part of the University’s residences including all private rooms, bars, communal areas.
University Union Building
This Building is subject to a separate policy on smoking introduced by the Cardiff Student’s Union
- Who will monitor the application of this procedure?
Heads of Schools/Directorate are responsible for ensuring compliance with this policy and procedure with assistance and advise from the relevant Administrative Directorate. All members of the University are obliged to adhere to, and facilitate the implementation of this procedure.
Process for dealing with someone who is smoking in a no smoking zone
Step One: Approach the person and draw their attention to the No Smoking signs and politely ask them to stop;
Advise them that smoking in this area is in contravention of the Smoke Free University policy and procedures and potentially an offence in law which they as individuals and the University may be liable to prosecution for;
Explain that the purpose of the procedures is to ensure that there is a safe and healthy working environment for all;
Advise them to leave the premises and where relevant, inform them of where they can smoke
Step Two: If the individual fails to stop smoking you should follow the normal procedures for non compliance with University procedures and report the incident to your Head of School/Directorate or their representative.
Step Three: The Head of School/Directorate or their nominee will inform the relevant Head of School/Directorate of the individual concerned of the incident for appropriate action to be taken. Advice and Support will be provided from the relevant Administrative Directorate as appropriate to the circumstances.
Step Four: Maintain a record of all such incidents and outcomes.