Your clinic, your rules: Clearing the smoke on employees who light up

You counsel patients regularly about the dangers of smoking and have helped more than a few kick their nicotine habit. But you can’t seem to do anything about the smoker in your midst: a staff member who lights up regularly. “Employees who smoke can present a few challenges in many workplace settings, but in a healthcare setting it can be a real problem,” said Nancy M. Shapiro, an employment lawyer with Koskie Minsky LLP in Toronto. “It looks bad to your patients because you’re supposed to be promoting healthy habits but it can also present actual health risks for your patients and other employees.” Yet many healthcare employers today don’t have formal workplace policies on smoking. Among Shapiro’s clients who are medical employers, only about 10% have policies that define what is and is not acceptable when it comes to smoking. “In my experience with medical professionals, it’s common to see such a policy get introduced only after they’ve encountered a problem with an employee who smokes,” said Shapiro. “Better late than never is good, I suppose, but it’s always better to be proactive.” Read: Why are we still smoking? Darn right, it’s a human right Any workplace policy on smoking needs to start with the understanding that what is viewed widely as an unhealthy habit is actually recognized as a disability under the country’s human rights laws. “Which means you can’t ask job applicants if they smoke because you can’t discriminate during the hiring process,” said Shapiro. “The same is true during employment—you can’t reprimand or terminate an employee because they smoke.” But as an employer, you’ve got rights too As an employer, you’re in a position to put in place policies that outline your expectations from employees. While you do need to accommodate workers who smoke, you don’t have to acquiesce to requests that might disadvantage your clinic or your patients. For example, said Shapiro, you’re not obligated to allow your smoking employees to step out every hour so they can light up. Instead, you could schedule a couple of times during the day—in addition to their lunch break—when your staff can step away from their desk. Read: Embracing complexity: Challenges and opportunities of treating those with substance misuse and mental illness Crafting a workplace smoking policy: Set clear parameters As you develop your workplace policy on smoking, consider what you’re trying to achieve for your business, your patients and your staff. For healthcare settings, it makes sense to set rules intended to ensure your employees’ smoking does not harm your patients or staff. These rules might include: Restrictions on where in the workplace your employees can smoke—or not. If you’re concerned that your patients might see your employees smoking, you may want to designate certain spots, such as the outside front entrance to your clinic, as off-limits for cigarette breaks. A requirement that employees brush their teeth and wash their hands thoroughly after they smoke. For employees whose roles put them in close contact with patients, you might also require a change of clothes or scrubs after a ciggy. A time limit on smoking breaks. This is especially important if the break means a patient might be kept waiting. Read: Clinical pearls: Cessation tips Meet, explain, end of story Once you’ve created your workplace policy on smoking, present it to your staff and invite them to ask questions. The point of this meeting, said Shapiro, is not to get consensus but rather to ensure everyone understands the policy. “Be clear that this is a policy that applies to everybody,” she said. “Make sure everyone gets a policy of the policy, be it a physical or electronic copy, and walk them through your expectations.” It’s critical to ensure that every employee understands the intention of the policy and the rules within it. Shapiro discourages employers from opening the door to feedback on the new policy. “Invite questions but don’t ask your staff ‘what do you think?” she said. “This is a workplace policy you’re implementing, it’s not up for discussion.” Read: Hang on, my employees have kids! What to know about accommodating staff returning from parental leave

Your clinic, your rules: Clearing the smoke on employees who light up

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