Smoking in the workplace : a health & safety issue

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Northern Territory Department of Health Library Services Historical Collection

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DEPARTMENT OF HEAL TH AND COMMUNITY SERVICES

SMOKING IN THE WORKPLACE A HEAL TH & SAFETY ISSUE

Prepared by the Alcohol and Drugs Program NT Department of Health and Community Services

OCTOB-ER 1992

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CONTENTS PART 1

PASSrvE SMOKING 1. Introduction

2. Rationale For The Introduction Of A Smoke-free Workplace Policy 2.1 Health Issues

2.2 Legal Issues 2.3 Economic Issues 2.4 Union Issues

2.5 Public Support For Restrictions 2.6 Effects Of Workplace Smoking Bans 3. Statutory Obligations

4. Policy

4.1 Policy Statement

5. Aim

6. Smoking Restrictions PART 2

IMPLEMENTATION STRATEGY

1 . Implementation 2. Adjustment Breaks 3. Rol-e of Supervisors

4. Procedures for breach of poiicy

5. Other elements with regard to smoking 6. General education strategies to

implement the policy 6.1 Visitors and Clients 7. Assistance for smokers

8. Exemptions and flexible application of this policy

9. Identified potential problem areas

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ORGANISATIONS WHICH OFFER INFORMATION AND QUIT COURSES REFERENCES

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PASSIVE SMOKING

Passive smoking occurs when a person has no option other than to breath tobacco smoke from other people's cigarettes, both unfiltered smoke (the burning end of a cigarette - sidestream) and exhaled smoke (mainstream). ·

Sidestream smoke is more concentrated than mainstream smoke. Mainstream smoke is filtered by the tobacco as it is drawn through the cigarette, the filter and the

smokers lungs. Unfiltered sidestream smoke has higher concentrations of to>dns such as nicotine, carbon mono>dde, ammonia and benzopyrene (cancer causing agent).

The term "environmental tobacco smoke" (ETS) refers to the combination of

sidestream smoke and the fraction of exhaled mainstream smoke not retained by the smoker.

1. INTRODUCTION

A non-smoking working environment was initiated following advice from the Office of the Public Service Board, Canberra in 1984. A draft 'Smoking in the Workplace Policy' was issued in 1985 to all Northern Territory Public Service Departments by the Public Service Commissioner prescribing minimum requirements for departments to limit smoking in office areas.

The former Department of Community Development and Department of Health commenced discussions on a local policy. The first policy was introduced by the Department of Health in April, 1986. This was not eHectively implemented and an amended policy was introduced on 31 August 1987. During 1989 policies within central and regional oHices were at various stages of implementation. On 31 May 1990 a policy statement was issued by the Minister for Health and Community Services declaring a smokefree work environment within all buildings, offices and vehicles within the Department of Health and Community Services.

2. RATIONALE FOR INTRODUCTION OF A SMOKE-FREE WORKPLACE POLICY Although passive smoking has been recognised as harmful for some time, the issue has been given new impetus following the decision by Justice Trevor Morling.

This decision heard in the Federal Court in February 1991 concluded that there was more than a little evidence and, in fact, scientific proof that exposure to cigarette smoke by non-smokers causes lung cancer, asthma and respiratory disease in young children.

In May 1992, a jury in the NSW District Court, set precedence in its decision to award an employee of the NSW Department of Health $85 000 for damages to her health from passive smoking during her time of employment.

2.1 Health Issues

The National Health and Medical Research Council published in 1987, a document titled "The Effects of Passive Smoking on ,Health". It s findings, that non-smokers face increased health risks from other people s smoking, resulted in the Council

recommending the following policies be considered by the Health Authorities in Australia as a means of protecting the health of employees, smokers and non- smokers:

Development of procedures, regulations or laws facilitating or requiring the restriction or prohlibition of smoking within the work environment and in enclosed public places, hospitals, restaurants and transport; and

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Explicit inclulsion in smoking-related health education malterial of information about the known or suspected effects of passive smoking upon health.

2.2 Legal Issues

There are three legal bases on which employers face problems in relation to passive smoking in the workplace:

The first is at common law where an employer is obliQed to provide a safe workplace and can be sued for negligence for failing 1n this respect.

The second is the breach of the occupational health and safety legislation in the respective State{f erritory.

The third is workers' compensation, as distinct from damages. The test is not to whether work caused the injury but whether work contributed to a

recognisable degree.

In respect of an employer failing to provide a safe workplace in the Northern Territory, an employee is unable to sue for negligence under common law. Under Section 34 of the Work Health Act the right of action in a civil proceeding is removed. This clause is in place in order to give everyone an equitable form of compensation.

In previous years an employer was not liable for negligence in failing to guard against a workplace risk not recognised as a risk at the time. However, in recent times, and in particular following the Morling Case in the Federal Court of Australia and the Scholem case in the NSW District Court, the evidence that smoking is linked with cancer and other diseases is overwhelming. ,~n employer permitting passive smoking to continue in the workplace could risk litigation claiming employer negligence. In light of Justice Morling's judgement, injury from passive smoking is reasonably foreseeable and it would be difficult to claim "reasonable mistake of fact"

in defence.

Many individuals in Australia have taken action against employers for compensation for diseases in these circumstances. In each case the worker has been successful and the employer has paid workers' compensation or out-of-court settlements.

In the Northern Territory emp!oyers have a responsibility for passive smoking by the general duty of care provision in the Work Health Act 1988 as amended in 1991.

Under Section 29(1) of the Act an employer has an obligation to provide, so far as is practicable, a safe working environment and to protect the health of all employees from illness or injury arising from the workplace.

2.3 Economic Issues

In light of Justice Morling's decision on passive smoking, based on the medical evidence presented, insurance claims may increase against employers. These may range from small claims such as asthmatics and allergy sufferers to high cost claims from those suffering from serious long term illnesses.

Lung cancer compensation payouts pose a major economic threat to employers.

The more serious problems employers face, however, are compensation claims for less serious illnesses such as aggravation of asthma and obstructive airways disease such as emphysema and more minor ailments which can lead to an accumulation of lost time and compensation claims.

The cost of absenteeism includes an average of 4.2 working days per smoker per year for smoking related illnesses. This has been estimated as 1.3 working days per year more than the non-smoker.

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Cigarettes and discarded matches are the greatest single cause of fires that result in loss of property. Costs incurred through burnt carpets, desks, upholstery and cleaning expenses add to the economic costs of smoking in the workplace.

Benefits to the Employer

Increased productivity Absenteeism will decrease.

Personnel costs will decline as on-the-job time lost decreases.

Lower maintenance costs.

Property damage and depreciation will slow substantially.

Insurance rates can be reduced through negotiation for new fire, health, accident and disability coverage.

Accidents decrease as do workers compensation claims.

Non-smoking employees will no longer be exposed to passive smoking.

The possibility of litigation arising from passive smoking will be eliminated.

Morbidity and early mortality rates will decrease.

Employee morale will improve.

2.4 Union Issues

In November 1990 the National Occupational Health and Safety Commission which comprises of the Commonwealth Government and all State and Territory

Governments, the Australian Council of Trade Unions and the Confederation of

Australian Industry issued a National Policy Statement on Smoking in The Workplace.

This statement resolves that given the scientifically proven health risks of smoking, a smoke-free work environment should be the objective for Australian workplaces (Worksafe Australia, 1990). In the National Policy Statement on Smoking in The Workplace it states:

"The introduction of a policy for a smokefree work environment will benefit all who work there .... implementation of a workplace program combined with

access to skilled counselling programs is of great benefit in helping people to give up smoking."

2.5 Public Support for Restrictions

There is mounting evidence that substantial majorities of both smokers and non- smokers agree that passive smoking can damage the health of non-smokers and approve of restrictions on smoking in enclosed places, including workplaces.

In a study of smoking bans in the workplace in Australia, 95 per cent of never-

smokers, 90 per cent of ex-smokers, and 57 per cent of smokers agreed or strongly agreed that "overall, the ban was a good thing" six months after mandated bans were implemented (Borland, R. et al. 1990).

2.6 Effects of Workplace Smoking Bans .

Borland et al. (1990), in a survey of Australian Public Service staff in 1989, found that the workplace smoking bans were associated with reduced rates of smoking,

particularly among heavier smokers where the reduction in consumption was over 25 per cent. It was also shown that relatively little compensatory smoking occurred.

3. STATUTORY OBLIGATIONS

The Department, public hospitals and regional health services have an obligation under Section 29(1) of the Northern Territory Work Health Act, 1988, to provide a safe working environment and to protect the health of all employees from illness or injury arising from the workplace. Section 29(2c) of the Act states that an employer

contravenes Section 29(1) if he fails to maintain, as far as practicable, a workplace under his control and management in a condition that is safe and without risk to

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health. The regulations to Section 29(3d) of this Act requires that a prescribed employer or a member of a prescribed class of employers shall monitor conditions likely to affect the health and safety of his workers at a workplace under his control and management.

Section 31 (2) requires a worker, as far as practicable, to follow all reasonable

directions given to him by his employer or his employer's representative in relation to his own or any other person's health and safety at the worker's workplace. Section 31 (3b) states a worker shall not wilfully place at risk the health or safety of a person at the worker's workplace.

4. POLICY

4.1 Policy Statement

The Department has adopted the policy that the "passive inhalation of other people's exhaled and sidestream smoke is a cause for serious concern. Smoking is now widely regarded as a major pollutant of the indoor environment" (NT Public Service Commissioner 1988).

The Public Service Commissioner declared in memorandum 1992/6, issued on 27 July 1992 that there is to be no smoking in Public Service Departmental and Authority buildings or in buildings leased or rented by Departments and Authorities.

As of 31 May 1990 all office space, buildings, vehicles and associated working

en'.(ironments of the Department of Health and Community Services were designated as Non-Smoking'; this includes the after-hours period (Attachment A).

The policy is based on the responsibility of employers concerning the health and safety of employees and should not be compromised.

5. AIM

To ensure that a safe working environment be provided so that all statt, clients, patients and visitors are protected from the health hazards and discomforts associated with the exposure to tobacco smoke in all public health facilities in the Northern Territory.

6. SMOKING RESTRICTIONS

Smoking is prohibited in all offices, buildings, vehicles and associated work environments. Employees and visitors are expected to honour the policy.

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Memorandum 1992/6 from the Public Service Commisioner has directed that frequency and duration of any absence from .the workplace is at the discretion of management. He further directed that supervisors ought be encouraged to discuss openly with staff, frequency and duration of adjustment breaks.

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STRATEGIES FOR IMPLEMENTATION OF THE

SMOKING IN THE WORKPLACE POLICY

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1. IMPLEMENTATION

A policy for a smoke free workplace has been designed to foster the health and safety of all employees, staff, patients, clients, visitors of the NT Department of Health and Community Services, public hospitals, district health services and associated organisations.

The NT Work Health Act requires employees while at work to take care of the health and safety of other persons in the workplace and to co-operate in the interest of health, safety and welfare.

The key elements to success include:

Executive Commitment

Demonstrated support at the highest level so that the policy is taken seriously by managers and staff.

Consultation

During development and implementation of a workplace program consultation with employees is essential for employee acceptance. It also assists management in resolving issues such as the need for changes to the layout of the workplace or nature of work, ventilation needs, guide-lines for smoke breaks and smoking areas, what to do about visitors or clients to the workplace.

Phased Implementation

When implementing the policy there is an agreed timetable in introducing the policy over a reasonable length of time.

Education

Information should be supplied to all staff on the reasons for the policy, the timetable for its introduction and availability of guide-lines on smoke-breaks and no-smoking areas.

Personnel Support

There are two important areas in which support should be provided to staff.

Managers and supervisors need to be briefed about their role in implementing the policy (e.g. smoke-breaks, how to deal with employees who repeatedly breach the policy, consideration for smokers who experience difficultieSi). Staff should also be made aware of the health incentives for not smoking and the availability of counselling or QUIT courses to assist them.

Provisions by Employers

There are a range of special provisions employers can implement. These include:- Quit courses for smokers;

Job recruitment advertisements should clearly state that employees will be workinQ in a smokefree environment. However, smokers should not be discriminated against in the offer of employment;

Pre-employment medicals;

Re-organisation of canteens;

Counselling services; and

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Grievance procedures for breaches of the organisations policy.

2. Adjustment breaks

Memorandum 1992/6 from the Public Service Commisioner has directed that frequency and duration of any absence from the workplace is at the discretion of management.

3. Role of Supervisors

Senior Management will need to give guidance to supervisors and staff, encourage support, listen to concerns and, if necessary, counsel.

SupeNisors will have responsibility to:-

promote the policy in a positive and sensitive manner;

conduct education campaigns;

provide support and assistance to smokers, as appropriate;

serve as a contact officer for supervisors/staff; and monitor implementation.

Both managers and supervisors may face a personal conflict of interest because:- 1 . they are a smoker;

2. they don't believe the organisation has the right to interfere with another person's right to smoke; and

3. they believe the policy will lead to conflict in the workplace.

The response to these attitudes are:-

passive smoking is a health hazard and is therefore a occupational health and safety issue for which supervisors have responsibility;

smoking in the workplace is itself disruptive of the comfort of others and costly in terms of sick leave, cleaning/maintenance costs and compensation; and smoking may lead to conflict in the workplace in view of evidence of the dangers of passive smoking and increasing community unwillingness to accept smoking as a 'socially acceptable' behaviour.

The bottom line is that supervisors will have to accept that the goal of a smoke free workplace is a legitimate policy which they have the respon~ibility for implementing.

4. Procedures for breach of policy

Non-compliance with the smoke free policy is no different to non-compliance with any other policy of the organisation.

Usually non-compliance can be overcome through informal means and friendly discussions. People who smoke want to be helpful to colleagues and workmates, and problems can usually· be worked out without disciplinary measures. Emphasise that the employer is responsible for the health and welfare of all employees.

Positive and timely intervention will help to resolve issues before they escalate out of proportion. For instance, if an employee is having trouble restricting smoking to non- work times, an adjustment break might be arranged, with the lost work time being made up each day.

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Persistent non-compliance with the smokefree workplace policy will be viewed as a serious matter. Any disregard for the policy will be viewed in the same way as any breach of occupational health and safety policy, and standard disciplinary

procedures will apply.

5. Other elements with regard to smoking include:

Job advertisements should clearly state that employees will be working in a smokefree environment;

If you share premises with other agencies, try to get their cooperation for a similar policy;

Encourage clients and the public to observe the policy in public access areas;

Ensure that information and education sessions are provided to staff, clients and visitors on the policy and on the dangers of active and passive smoking; and The sale of tobacco products should be prohibited on the premises.

6. General Education Strategies To Implement The Policy

Education and information programs should be developed and provided to all staff about:

. the effects of smoking on health; and . the reasons for the workplace policy;

Display posters, notices, stickers and signs in strategic places such as lifts, foyers, reception areas, cafeteria and toilets. Information should be available in a form

readily understandable to all staff. This may mean that it will need to be in community languages for those of non-English speaking background, and in plain language for workers with a low level of literacy.

Arrange for sessions where staff can discuss smoking issues and cessation opportunities.

6.1. Visitors and Clients

The public, clients and visitors need to be informed of the policy. Most people are prepared to respect smokefree areas for the short time they are visiting.

Prominently displayed signs will draw attention to the smokefree policy. Sometimes it may be necessary for receptionists or others to indicate the policy by pointing to a smokefree sign and saying something like 'We have a smokefree workplace here". It may be helpful for managers to discuss this approach with staff who frequently meet clients and visitors.

7. Assistance For Smokers

Employers who adopt non-smoking policies should consider providing

encouragement and assistance to employees to adjust to the new situation through incentives. Options include paid time-off to attend smoking cessation courses or provision of in-service programs run by Non-Government Organisations or financial reward.

8. Exemptions And Flexible Application Of This Policy No exemptions are considered necessary for staff and visitors.

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Exemptions and flexible application of the policy may be required for certain

categories of patients and clients. Prior to the introduction of any exemptions to this policy discussions should take place between management, employees or their representatives with advice from heads of clinical services. Where appropriate, a patient representative should be included in these discussions.

9. Identified Potential Problem Areas

It is recognised that there will be difficulty in persuading long-term mentally ill or developmentally disabled patients to accept a ban on smoking inside the building.

Nevertheless the Department has equal responsibility to patients and staff in Hospitals as it has in other establishments and the policy applies equally in all hospitals and community services.

The education of some patients will present special problems to which staff in

hospitals and other long stay areas will need to give special attention. Consideration ought be given to bed-bound or long-term patients. These need to be considered on an individual basis. One option may be the use of a chemical substitute in a

monitored withdrawal program.

Hospital Executives and Unit Managers should identify areas outside of buildings where patients who wish to smoke can do so.

District Executive Staff will need to develop specific policies to cover agencies within their administration ie: Rural Health Centres.

ORGANISATIONS WHICH OFFER INFORMATION AND QUIT COURSES National Heart Foundation (NT Branch), Unit 3, 6 Lindsay St, Darwin, NT 0801;

Telephone (089) 811 966.

NT Anti-Cancer Foundation, PO Box 42719, Casuarina, NT 0811, Telephone (089) 274 888.

QUIT NOW, Seventh Day Adventist Church, 80 Cavenagh St, Darwin, 0801, Telephone (089) 819 572.

Early Intervention Unit, Royal Darwin Hospital, Rocklands Dr;ive Tiwi, Telephone (089) 228 399.

Dependency Resource Services, Alice Springs Hospital, Gap Rd, Telephone (089) 502 478.

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REFERENCES

Chapman, S., Borland, R., Hill, D. Owen, N. and Woodward, S. (1990). Why the Tobacco Industry Fears the Passive Smoking Issue. International Journal of Health Services. Vol. 20, No. 3, pp 417-427.

Borland, R., Owen, N., Hill, D. and Chapman, S. (1990). Changes in Acceptance of Workplace Smoking Bans Followtng Their Implementation: A Prospective Study.

Centre for Behavioural Research in Cancer, Anti-Cancer Council of Victoria, Melbourne.

Action on Smoking and Health. (1991 ). Australian Federation of Consumer Organisations Inc.

v.

Tobacco Institute of Australia Limited. Judgement by Justice Trevor Marling, 7 February 1991. Federal Court of Australia No. NG 253 of 1987.

Chapman, S. and Woodward, S. (1991). Australian court rules that passive smoking causes lung cancer1 asthma attacks, and respiratory disease. British Medical Journal. Vol 302, pp 943-945.

Colquhoun, L. (1989). Smoking a health risk for employers. Australian Business pp 82-83.

Health Promotion Branch, (1987). Smoking in the Workplace, South Australian Health Commission.

National Health and Medical Research Council. (1987). Effects of Passive Smoking on Health, AGPS, Canberra.

NT Public Service Commissioner Circular Number 88/14 NT Public Service Commissioner Circular Number 92/6

Policy on Smokefree Working Environment, (1988). Department of Health, NSW.

Price H.H. (1986). The litigation -passive smoking link. Media Monitor.

Smokefree Vlorkpiace, ( 1989). Department of Health , New Zealand.

Smoke in the Workplace, ( 1988). An evaluation of smoking restrictions 1 Health and Welfare, Canada.

Woodward, S. and Evering ham, R. (1991 ). Tobacco Litigation. The Case Against Passive Smoking; AFCO v TIA. Legal Books, Redfern.

Workcover Authority (1991 ). Passive Smoking in the Workplace. A discussion paper, July 1991.

Worksafe Australia, (1990). National Policy Statement on Smoking and the Workplace.

Working Smokefree, Victorian Smoking and Health Program.

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These pages have been removed as they

contravene copyright legislation.

Pages 14 to 15 of 19

Article: Passive Smoking Author: Trish Cotter

Source: Substance, March 1992

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removed as it contravenes copyright legislation.

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Article: CM rejects pub beer sale figures Author: Frank Alcorta

Source: N.T. News

January 28 1992 Page 1

Article: Govt gets it wrong Author: Editor

Source: N.T. News

January 25 1992

Editorial - page unknown

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Article: Cabinet approve $240m for black deaths response

Author: Lenore Taylor Source: Australian

March 11 1992 Page 1

Article: Licence to drink Author: Frank Alcorta Source: N.T. News

March 4 1992

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Article: Majority favors smoking bans Author: unknown

Source: Border Mail (NSW) January 29 1992 Page 20

Article: Jailers in huff over cell puff Author: Nick Cater

Source: Advertiser (SA) January 21 1992 Page 1

Article: Smoking out in survey Author: unknown

Source: NT News

January 22 1992

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Article: Healthy payout on passive lung injury Author: unknown

Source: unknown – National News section May 28 1992

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