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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Smoking Policy

1. Purpose

The purpose of this policy is to set out clear guidance on managing smoking within {{org_field_name}} in a way that respects individual rights while protecting the health, safety, and well-being of staff, visitors, and the people we support. It ensures compliance with the Health Act 2006 and associated smoke-free requirements, and with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, including (but not limited to) Regulation 10 (Dignity and respect), Regulation 12 (Safe care and treatment), Regulation 15 (Premises and equipment), Regulation 17 (Good governance), Regulation 18 (Staffing), and Regulation 20 (Duty of candour).

2. Scope

This policy applies to all staff, agency workers, volunteers, contractors, and individuals supported by {{org_field_name}}. It applies during care delivery in people’s homes, in any premises controlled by the organisation (e.g. offices or training venues), and during any work-related activity or transportation involving staff and service users.

Where the organisation controls premises (including any office, training venue, or care setting), this policy applies to all indoor areas, shared areas, bedrooms, bathrooms, corridors, staff rooms, offices, and any vehicles used for work. It also applies to visitors and contractors while on the premises. Where the service operates across both community and premises-based settings, the stricter requirement applies where there is any conflict.

3. Related Policies

• CH11 – Safe Care and Treatment Policy
• CH16 – Health and Safety at Work Policy
• CH18 – Risk Management and Assessment Policy
• CH24 – Management of Accidents, Incidents, and Near Misses Policy
• CH27 – Staff Supervision, Training, and Development Policy
• CH28 – Staff Conduct and Code of Ethics Policy

4. Policy Statement and Responsibilities

Organisational Commitment

{{org_field_name}} supports a smoke-free working environment and promotes healthy lifestyle choices among staff and the people we support. We recognise that smoking is a personal choice but are committed to ensuring that it does not compromise health, safety, or dignity. We balance the rights of individuals to smoke with our duty to protect others from second-hand smoke exposure.

Smoke-free premises, signage and prevention of exposure

All indoor areas of premises controlled by {{org_field_name}} are smoke-free. We will display ‘No Smoking’ signage at entrances and other appropriate locations and will take reasonable steps to prevent smoking in smoke-free areas.

If smoking occurs in a smoke-free area, staff must:

• ask the person to stop and explain the smoke-free requirement and fire safety risk;
• direct the person to the designated outdoor smoking area (if applicable);
• report the incident to the manager and record it in the person’s records and the incident/concern reporting system; and
• trigger a review of the individual risk assessment and care plan the same day (or as soon as practicable).

Staff must not put themselves at risk. Where a person persistently refuses to comply and this creates an ongoing risk, the Registered Manager will convene a risk review and agree proportionate actions, balancing individual rights with the duty to protect others from second-hand smoke and fire risk.

Smoking in People’s Homes

While we respect that the people we support have the right to smoke in their own homes, we also have a responsibility to protect staff from the harmful effects of passive smoking.

Therefore:

• Service users are asked not to smoke for at least one hour before a scheduled visit
• Staff may request ventilation if smoke levels are high upon entry
• If the person chooses to smoke during a visit, staff may politely ask them to refrain until care tasks are completed
• If the environment poses a health risk, a risk assessment will be carried out and alternative arrangements considered
• Smoking-related risks must be recorded in the care plan and reviewed regularly

This approach is intended to reduce exposure to second-hand smoke and is managed through risk assessment, agreed care planning and staff safety controls, in line with our duties under health and safety and CQC Fundamental Standards.

Staff Smoking During Working Hours

Staff are not permitted to smoke:

• In uniform or when wearing any item that identifies them with {{org_field_name}}
• Inside service users’ homes, at entrances, or within sight of the person being supported
• During working hours, except on designated breaks and in permitted outdoor areas
• In any work vehicle (including pooled cars) at any time;
• within the organisation’s grounds except in the designated smoking area (where provided);
• within at least 5 metres of entrances, windows, ventilation intakes, or anywhere smoke could re-enter the building;
• where it may compromise infection prevention and control (for example immediately before providing personal care without completing hand hygiene and changing PPE as required).

Staff who smoke during breaks must ensure they return freshened and smoke-free to maintain professionalism and comfort for those they support. Breaches of this policy may lead to disciplinary action under CH28 – Staff Conduct and Code of Ethics Policy.

Breaches will be managed consistently through supervision and HR processes and recorded where they indicate a wider safety, conduct, or governance concern.

Use of E-Cigarettes and Vaping Devices

The use of e-cigarettes and vaping devices is treated in the same way as smoking tobacco. Although these products are used by some as a smoking cessation aid, staff must:

• Only use vaping devices during authorised breaks and in designated areas
• Not vape inside service users’ homes, vehicles, or while on duty

Service users who use vaping devices will be supported with the same dignity and risk assessment process as tobacco smokers. Vaping devices and batteries must be charged only using manufacturer-approved chargers and must not be charged unattended, on beds, or near soft furnishings. Damaged devices or batteries must be removed from use immediately and reported to the manager for safe disposal.

Fire Safety and Environmental Risk

Smoking presents a known fire hazard. Therefore:

• No smoking is permitted near oxygen equipment, flammable products, or medical devices
• Smoking-related fire risks must be included in the home risk assessment
• Ashtrays must be used appropriately, and staff must never assist in unsafe smoking practices
• Any observed hazards (e.g. burn marks, improper disposal of cigarettes) must be reported to the Registered Manager

Additional controls include:

• an individual fire risk assessment for any person who smokes (considering cognition, dexterity, vision, continence, mobility, alcohol use, and night-time smoking risk);
• safe storage and controlled access to smoking materials where required by risk assessment;
• safe disposal arrangements (fire-retardant receptacles, routine emptying, and no disposal into clinical waste);
• an explicit prohibition of smoking in bed or bedrooms unless a lawful exception applies and it is explicitly risk assessed and authorised by the Registered Manager; and
• seeking advice from the local fire service where risks are complex or high.

This supports compliance with CH16 – Health and Safety Policy and ensures all environments are risk-assessed for fire hazards related to smoking.

Care planning, capacity, consent and person-centred risk management

Smoking status, preferences (including vaping), and associated risks must be documented in the individual’s care plan. Where restrictions are needed to protect the person or others, these must be the least restrictive option and clearly justified by risk assessment.

If the person has fluctuating or impaired capacity affecting smoking safety decisions, staff must follow the service’s consent/capacity procedures and record best-interest decisions where applicable. Any restrictions (for example supervised smoking or controlled access to smoking materials) must be reviewed at least monthly and sooner after any incident or change in need.

Support for Smoking Cessation

{{org_field_name}} supports staff and service users who wish to stop smoking. We will:

• Provide information about local smoking cessation services
• Encourage GPs and community health professionals to be involved in smoking reduction plans
• Include smoking status and support preferences in care planning discussions where appropriate
  We aim to promote well-being without judgement and in line with the individual’s capacity and personal goals.

Training and Staff Awareness

All staff will receive training on:

• The organisation’s Smoking Policy and their responsibilities
• Risks associated with second-hand smoke
• Communicating respectfully about smoking restrictions
• Risk assessing environments where smoking occurs
  This training is included in induction and refreshed annually or as required by changes in legislation or guidance.

Monitoring and Review

The Registered Manager is responsible for:

• Monitoring adherence to this policy
• Reviewing smoking-related incidents or concerns
• Ensuring individual risk assessments are completed where relevant
• Updating procedures based on changes in public health guidance or legislation

This will include: routine audit of care plans and risk assessments for people who smoke; review of incident trends (fire/near misses, refusals, complaints); checks that signage and any designated smoking areas remain safe; and documented action plans with named leads and timescales. Learning will be shared through team meetings, supervision and updates to individual risk assessments.

Any issues arising will be addressed through governance procedures under Regulation 17 – Good Governance​.

5. Policy Review

This policy will be reviewed at least annually and sooner where there are: changes to smoke-free legislation or enforcement guidance; updated CQC guidance or inspection frameworks; serious incidents or near misses; repeated non-compliance; or learning from audits and complaints. All updates will be communicated to staff and embedded through training and supervision.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.