Impact of Smoking Ban in Ireland: Legislation, Compliance, and Advantages in Healthcare Settings

1. How the “Smoking Ban” has changed the situation in Ireland Miriam Gunning SFHI Co-ordinator

2. Overview • Legislation • Exemptions • Guidance • Smoke Free Policy • Findings/Compliance

3. 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

4. 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

5. Office of Tobacco Control Guidance Documents • Employers / Managers Seeks to clarify ‘all reasonable efforts’ requirement to avail of the statutory defence

6. Department of Health & ChildrenGuidance For 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

7. National Compliance Data

8. Managing compliance • 12 premises were prosecuted for non-compliance – “ALL” were successful. • Smoke-free compliance line set up • 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

9. 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

10. 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 non enclosed area for staff. Smoking in a designated area that minimises exposure to ETS for clients who consider the premises their dwelling • Clear signage where smoking is permitted

11. 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

12. 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

13. Advantages in healthcare settings • Major boost to those actively working @ becoming smoke-free • National awareness campaign – time to incorporate resources in budgets & service plans. • Hospitals were no longer unique! Society accepted smoke-free as the norm!

14. Difficulties arising • Conflict /Agression • Noise Pollution • Litter • Security