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Date added ~ Monday 29th June 2009

The smoking ban and its effect on care homes

There are however exemptions in the legislation which apply to care homes. Designated bedrooms and smoking rooms provided for adults in care homes can be an exception to the ban; this is provided that management policy permits it and the conditions listed in Regulation 2 of the Smoke-free (Premises and Enforcement) Regulations 2006 are complied with.

Although the legislation allows a smoking room to be designated for residents, it does not allow for such a facility for staff, and staff may not smoke in a residents' smoking room.



This creates a couple of issues; firstly for staff who smoke. There is no duty on employers to provide smoking areas or breaks for staff. They may do so but this is a matter of discretion for the individual care home.



The second issue concerns staff having to enter designated bedrooms or smoking rooms to tend to residents in need of assistance. There is no way to avoid this in establishments where these rooms are permitted, nevertheless management are under a duty to carry out risk assessments to reduce risks to staff and non-smoking residents as far as possible.










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