Smoking is known to cause cancer and is a significant risk to health.
In addition passive smoking or second-hand smoke (breathing other people’s tobacco smoke) is medically proven to increase the risk of lung cancer, heart disease and many other illnesses and minor conditions in non-smokers.
Translink's Duty
Translink has a duty in both criminal and common law to take reasonable care to protect the health of employees.
Therefore, the following No Smoking Policy has been made to protect Translink’s operating companies and their employees.
No Smoking Policy Objectives
To:-
- Ensure compliance with the Health and Safety (Northern Ireland) Order 1978.
- Ensure compliance with the Smoking (Northern Ireland) Order 2006.
- Protect the health of employees by providing smoke free premises.
No Smoking Areas
Smoking is not permitted in the following areas:
- In or on Translink premises including any buildings, structures (whether moveable or not) or bus and rail platforms and railway halts and within 5 meters of Translink buildings.
- On all Company vehicles and rolling stock.
- While there are no guidelines under the legislation in relation to bus shelters, we would ask passengers waiting at bus shelters to refrain from smoking around other waiting passengers.
Designated Smoking Areas
Smoking is only permitted in:
- Designated, safe locations as identified by local managers.
Staff
Staff may only smoke during official breaks within working hours.
Visitors, Contractors & Temporary Staff
Visitors, contractors and temporary staff are required to abide by the terms of this policy. Translink Managers are responsible for ensuring such people are informed of and conform to the policy.
Recruitment
Job advertisements, job descriptions and interviews will include reference to this policy. On appointment, new staff will be given a copy of the policy.
Enforcing the Policy
It is recognised, and the company appreciates that some individuals may find it difficult dealing with working in a non smoking environment; however, breaches of this policy may be subject to normal disciplinary procedures.
Requirements of Smoke-Free Legislation
To comply with the legislation the following is required:
- Operators/drivers/designated persons – must not ‘knowingly permit’ smoking on public transport and if necessary must take reasonable steps to stop people smoking.
- Individuals must not smoke on public transport.
- Signage – all public transport should display the appropriate no-smoking symbol in a prominent position in each compartment of the vehicle used by operators, crew members or passengers. The signage must be the international no-smoking symbol and be at least 75mm in diameter.
- Authorised officers must be provided with any facilities, assistance or information which is reasonably required in order to exercise their functions under the smoke-free legislation e.g. should they request the name and address of a person who has committed an offence, this must be provided.
Intervention & Safety
In relation to Translink premises, buses and coaches, it is acknowledged that some employees will be on the ‘front-line’ when dealing with potential problems of individuals smoking and dealing with complaints from fellow passengers. Train staff, particularly those concerned with safety and order, will have a similar role.
- The driver is not expected to leave the driver’s compartment/cab.
- Where there is the potential for conflict between road/rail safety and discharge of smoke-free duties, safety must prevail.
- If a passenger tries to board the vehicle and is smoking the driver and/or other relevant person should ask the boarder to extinguish the cigarette and refuse boarding if necessary.
- Any incidents on the vehicle may be resolved informally. The driver and/or other relevant person should take reasonable steps to require the passenger to stop smoking or leave the vehicle, in line with the company’s procedure for dealing with unruly or antisocial behaviour.
- Any incident on Translink premises may also be resolved informally. Employees should take reasonable steps to require members of the public/passengers to stop smoking or leave the premises.
- All incidents should be recorded and forwarded to their line manager for logging.
- Line managers should record such incidents and inform their superiors for further action.
- All incidents are to be logged on TSMIS.
Complaints made to Translink/Incidents Recorded
- If Depots log a number of incidents/complaints about a particular service, then an ‘inspector’ should be assigned to the service to monitor and resolve the problem.
- If this fails to resolve the matter, the local district council should be contacted via the Corporate HSE manager.
- If the incidents follow a pattern i.e. certain routes at the same time of day, then the district council may arrange for surveillance on the route to try and identify the alleged offender. The bus driver/relevant person would be expected to note where the alleged offender boards the bus/train. The matter would then fall to the district council in this area.
- CCTV footage may assist in this.
- If there is a risk of violence, authorised officers will ensure that details of any such planned operations are provided in advance to their local police districts.
Union/Heath & Safety Representatives
This policy has been devised in consultation with trade union representatives within Translink.
Implementation & Review
Responsibility for implementing and monitoring this policy rests with senior managers.