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DHL International (UK) Limited Smoke Free Policy

Annual leave & Bank Holiday Policy


Smoke Free Policy
DHL Express UK Ltd
DHL International (UK) Limited

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Version: 1.3
Issue Date: 1st July 2007; Version update: May 2014
Policy owner: John Findlay, HRBP
DHL International (UK) Limited Smoke Free Policy

Contents

Point Description Page


Number
1 Purpose 2
2 Scope 2
3 Policy Statement 2
4 Summary of Legal Position 2
5 Designated smoking areas 3
6 Company Vehicles 3
7 Electronic cigarettes 3
8 Breaches 4
9 Help for those who smoke 4
10 Responsibilities 4

1. Purpose

DHL International (UK) Limited as an employer has a duty to ensure, so far as is reasonably
practicable, the health, safety and welfare at work of all its employees. It has a duty to do
all that is reasonably practicable to provide and maintain a working environment that is
safe, without risk to health and is adequate as regards facilities and arrangements for their
welfare at work. The company shall protect non-smokers from the risks of passive smoking
and protect all users of company property from increased risk of fire.

2. Scope

All employees, visitors, contractors, temporary staff and self-employed workers are
required to abide by its terms.

3. Policy Statement

As part of the Company’s commitment to the Health and Safety of its workforce it has
established a policy for providing a smoke-free working environment. The smoking
legislation makes it unlawful to smoke in almost all public spaces and workplaces so this
meets the minimum standards of The Smoke-Free (Premises & Enforcement) Regulations
2006 and the Health Act 2006.

For the basis of clarity, e-cigarettes or any other similar product are treated the same as
tobacco products and all employees are expected to adhere to this policy.

Please note that should you be required to travel from your home country to another one
covered by smoke-free legislation you will be required to abide by the particular regulations
that apply in that country.

4. Summary of Legal Position

There are very few exceptions to the smoking ban and failure to comply with the law is a
Criminal offence, as outlined in the Health Act 2006. Penalties and fines are set by the
Government.

Individuals and/or persons responsible for managing smoke-free premises can be personally
liable to receive a fixed penalty and/or criminal prosecution.

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Version: 1.3
Issue Date: 1st July 2007; Version update: May 2014
Policy owner: John Findlay, HRBP
DHL International (UK) Limited Smoke Free Policy

On this basis, the Company does not permit any employee, customer, visitor or contractor
to smoke or use e-cigarettes in or within the vicinity of the Company premises (including
entrances and car parks that are sheltered/covered) unless within agreed designated areas.

Consequently any penalties incurred by an employee, customer, visitor or contractor in


relation to this legislation will be the sole responsibility and liability of the individual
employee. In addition, the employee, customer, visitor or contractor should be made aware
of this policy to ensure that they are complying with the law.

Further information on the Smoke-Free (Premises and Enforcement) Regulations 2006 are
available from one of the following websites:

 www.clearingtheairscotland.com
 www.smokingbanwales.co.uk
 www.smokingbannorthernireland.com
 www.smokefreeengland.co.uk

5. Designated smoking areas

Any designated smoking area, including access routes will be subject to periodic risk
assessment so that hazards such as fire (e.g. fuel pumps) and work activities (e.g.
reversing vehicles) can be identified and the appropriate risk control measures
implemented. Also any provision or use of an external shelter as a designated smoking
area must have an opening which is greater than half of the area of its walls in order
to avoid the shelter from becoming "substantially enclosed" and thereby resulting in a
breach of the regulations. The policy of non smoking will also apply to company car parks
except for any part of a car park that has been officially designated as a smoking area.
Employees may smoke in privately owned vehicles unless carrying passengers on company
business.

6. Company Vehicles

To effectively comply with differing legislative requirements in the UK, DHL International
has prohibited smoking in all company vehicles: company cars (including Fuel N Go
vehicles), delivery vans, heavy goods vehicles and pool cars. This also includes private
vehicles being used to convey passengers on business matters. (Travel and Expenses policy
section 13.3.2) To ensure compliance with the no smoking regulations signs must also
be placed within company vehicles that are visible to all passengers and displays the
international no smoking symbol, states that it is an offence to smoke within the vehicle
and whom to report breaches to e.g. manager of site should an individual observe
someone smoking in a company vehicle.

7. Electronic cigarettes

Electronic cigarettes ("e-cigarettes") are battery-powered products that release a visible


vapour that contains liquid nicotine that is inhaled by the user.

The British Medical Association (BMA) has published a briefing (on the BMA website). It
states that the BMA believes that existing smoke-free legislation should be extended to e-
cigarettes. While admitting that electronic cigarettes may help some smokers to give up,
the BMA points to the lack of evidence on the health risks that they pose to the individual
using them and those in close proximity.

DHL International has chosen to ban e-cigarettes because some models can, particularly
from a distance, look like real cigarettes, making a smoking ban difficult to police, and
creating an impression for visitors, customers or the general public (if viewing a Courier in
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Version: 1.3
Issue Date: 1st July 2007; Version update: May 2014
Policy owner: John Findlay, HRBP
DHL International (UK) Limited Smoke Free Policy

a van) and other employees that it is acceptable to smoke. Anyone smoking Electronic
cigarettes on company property (apart from designated smoking areas, or in Company
vehicles as covered by the smoking policy paragraph 6) will be subject to the Company’s
Disciplinary procedure.

8. Breaches

Any employee who is reported for smoking or found to be smoking in non smoking areas
on company premises or in a company vehicle will be subject to the company’s disciplinary
procedure. If a contractor, temporary worker or self employed member of staff
beaches this policy then they may be required to leave the premises.

9. Help for those who smoke

This policy is not concerned with whether anyone smokes but where they smoke and the
affect smoking may have on fire risks and the health of non-smoking colleagues.
However it is recognised that the smoking policy may impact the working lives of smokers.

To help individuals to adjust to the change, they may find it useful to contact one of the
support groups below:

 www.ash.org.uk
 The NHS at www.smokefree.nhs.uk or call Smokefree: 0800 022 4 332 for free advice
 www.quit.org.uk - QUIT is the UK charity that helps smokers to stop and young
people to never start.

10. Responsibilities

All those persons referred to within the Scope of this policy are required to be familiar
with and abide by the terms of this policy.

Individual managers are responsible for ensuring that this policy is applied within their own
area. Any queries on the application or interpretation of this policy may be discussed with
the Human Resources or Health & Safety function prior to any action being taken.

The Human Resources function has the responsibility for ensuring the maintenance,
regular review and updating of this policy. Revisions, amendments or alterations to the
policy can only be implemented following consideration and approval by the Executive
Management Team.

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Version: 1.3
Issue Date: 1st July 2007; Version update: May 2014
Policy owner: John Findlay, HRBP

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