Workers face smoking ban while in NHS uniform … even at home

Published on Monday 2 February 2009 21:07

HOSPITAL staff are facing a blanket ban on smoking at any time while they are in uniform – or even wearing an NHS badge – under a crackdown proposed by officials at one of Scotland's largest health boards.

The zero-tolerance policy will apply to all 18,000 staff employed by NHS Grampian.

Patients and hospital visitors could also be prevented from taking packets of cigarettes on to hospital grounds under the move, which aims to completely outlaw smoking on every site operated by the North-east health authority.

Details of the controversial changes were due to be presented to members of the board of NHS Grampian today.

However, the proposals were condemned yesterday by a pro-smoking campaigner as "health fascism", and one of Scotland's leading civil rights lawyers predicted that the ban was almost certain to be challenged in the courts under human rights legislation.

The changes in the board's anti-smoking policy are being recommended by Gordon Stephen, the employee director of NHS Grampian.

Under the current rules, smoking is strictly prohibited in all enclosed hospital areas, but smoking shelters are available on some hospital sites.

Mr Stephen is proposing that a blanket smoking ban should be imposed at every NHS facility in the North-east.

He states in his report to the board: "The aim of the initial tobacco policy was to ensure that 'all NHS Grampian premises become smoke-free within a very few years' and that the provision of smoking areas was only an interim measure."

Mr Stephen admits: "The removal of smoking areas and smoking rooms and perception of a complete ban may be seen as contentious, particularly on humanitarian (sic] grounds." But the policy should apply to "all staff wearing NHS Grampian uniform or NHS Grampian badge at any time, or representing NHS Grampian on or off NHS Grampian premises during their working hours".

Neil Rafferty, a spokesman for the pro-smoking organisation Forest, said: "To suggest that a member of staff cannot smoke during what is effectively their own time, during breaks, is tantamount to health fascism. They shouldn't be bullying workers into trying to change their lifestyle."

Cameron Fyfe, one of Scotland's leading lawyers, said: "I can see that there are arguments on both sides, but I am quite sure someone will challenge this rule under the Human Rights Act.

"To say that you can't smoke in your back garden, just because you happen to be wearing an NHS uniform, is going to be challenged. A member of staff would say, 'My human rights are being violated here and that, outwith the premises of my employment, I am entitled to do anything I like so long as it is legal'."

WHAT NEXT

MEMBERS of the board of NHS Grampian are not expected to vote on controversial changes to the anti-smoking policy at today's meeting in Aberdeen.

The board is instead expected to approve a recommendation that the proposals be put to wider consultation before any decision is taken. Officials are recommending consultation on the draft tobacco policy should run until 31 March, with a view to the final policy going to the board for approval in June.