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New Smoke-free Perimeter – Information for Staff

It is now an offence for anyone to smoke within 15 metres of an NHS hospital building.  The law applies to everyone, including staff, patients and visitors to our NHS hospital sites.

FAQs

What areas are covered by the new smokefree NHS hospital grounds legislation?

The new law applies to all NHS hospital buildings in Scotland and includes all awnings, canopies, or other overhanging structures connected to an NHS hospital building (even if they extend further than 15 metres from a hospital building).

What happens if someone is smoking within 15 metres of an NHS hospital building?

Anyone found smoking within the 15 metre perimeter should be asked to stop smoking right away or they could receive: 

  • A fixed penalty notice of £50 (reduced to £30 if paid within 15 days)
  • £1,000 fine if taken to court.

Where you feel safe to do so, please remind anyone smoking within the perimeter of the new no-smoking law.

“Excuse me, I am not sure if you are aware but the Scottish Government have introduced a new no smoking law making it an offence to smoke within 15 metres of an NHS hospital building. Can I ask that you extinguish your cigarette or leave the grounds. Thank You”.

*If you have a ‘No Smoking – Please move away from this area business card’ available please offer this.

Why has this legislation been brought in?

NHS Boards have had voluntary smokefree grounds policies in place since 2015, however there have been significant issues around compliance with people continuing to smoke on hospital grounds, in some instances congregating near entrance doorways and windows creating a nuisance and hazard for others.

Setting a 15 metre perimeter around buildings focusses on the areas with the highest traffic of people entering and leaving the hospital and where there is a risk of smoke entering the hospital buildings as a result of people smoking. Furthermore, it protects patients, visitors and staff from the exposure of second-hand smoke.  

Can e-cigarettes be used on NHSGGC grounds?

E-cigarettes can be used on NHSGGC grounds by patients, visitors and staff. However, they are not permitted within NHS buildings or at building entrances and exits. 

How can I support the legislation?

By politely reminding smokers of the legislation and asking them to go off the grounds if they wish to smoke.

Please remind smokers of our policy and smokefree message when carrying out your duties on the wards or in the grounds.

Offer all smokers nicotine replacement therapy (NRT) to help them manage their cravings during their stay in hospital. This should initially be offered at point of admission and revisited at regular intervals during the patients stay.

If they wish to stop smoking they should be referred to the Quit Your Way Hospital Service (refer through TrakCare). Alternatively, if you are a member of staff who smokes you are required to go off site to have a cigarette. If you smoke within the grounds you could be subject to disciplinary action.

Is it my job to ask someone not to smoke within the 15 meter no smoking perimeter?

Yes, within our current Smokefree Policy, we ask that all staff be ambassadors in promoting our smokefree grounds message. The new legislation does not change this. As an employee of NHSGGC we are required to support all NHSGGC policies and procedures, and follow required government legislation. Patients and visitors can also be influenced by our own behaviour and may smoke if they see staff smoking in areas they should not.

Many patients or visitors may not have the information or ability to communicate their feelings about others smoking around them therefore it is our role to ensure visitors to our sites are free from tobacco smoke.

What if I ask someone not to smoke and they become angry?

Your safety is paramount, if someone does not respond well to your request please walk away. 

However remember to be sensitive about why they may be visiting our premises and if they become angry it is important not to take their reactions personally. 

What happens if a patient asks to be taken outside to smoke?

Knowingly permitting someone to smoke within the 15 metre no smoking perimeter outside of a hospital building could make NHSGGC liable to a fixed penalty or a fine. If an NHS staff member assists a patient to smoke (physically taking a patient outside to smoke) within the 15 metre no smoking perimeter, they may be subject to fixed penalty notice as it is illegal to ‘knowingly permit’ someone to smoke within the prohibited areas.

Staff should strongly advise patients not to leave the ward to smoke. If a patient still insists on leaving against the advice of staff, then they should be reminded that they are responsible for anything that may occurs as a result of their action and this should be documented in the patients’ notes/EMIS.  

Our smokefree policy is clear that smoking is not allowed on hospital grounds. Patients can be offered Nicotine Replacement Therapy (NRT) to help with any withdrawal discomfort that they may experience during their hospital stay. Alternatively, they can visit Quit Your Way or call our team on 0800 916 8858 to find out more about Quit Your Way.

I work in mental health, does this apply to me and my patients?

Since 2015 mental health sites have been brought into alignment with all other NHSGGC sites in terms of our Smokefree Policy. In practice, this means that mental health staff and patients cannot smoke within our grounds and premises. However, there is an exemption from enforcement within fixed boundary areas until 5th September, 2023.

What do I do if someone is smoking inside a building?

Ask them to extinguish their cigarette immediately, advise them of the risk of fire, legislation etc. and report it to your line manager who will complete a DATIX form.

Is going smokefree an infringement on people’s right to smoke?

No, the legislation is not banning people from smoking, but to support compliance with NHS smoke free grounds policies, does prohibit the use of tobacco within 15 metres of an NHS hospital building.

What help is available to help me stop smoking?

All NHS Greater Glasgow and Clyde employees can access stop smoking support and free stop smoking medications via the Quit Your Way staff service. You can refer yourself to this service by emailing smokefree.staff@ggc.scot.nhs.uk. Alternatively, you can access support in your local area by calling 0800 84 84 84 or visiting quityourway.scot.

What do I do if someone wants to make a complaint?

Complainants should be directed to the NHSGGC Complaints Team:

Further information can be found on our complaints page.

Smokefree Zone Resources

Image of Smokefree Zone business card

Business cards can be ordered by Acute teams via the Public Health Resource Directory (Search for code: C00058).

Hospital Smokefree Zones