Safety guide created for farmers

A checklist similar to that used by airline pilots has been developed to help farmers improve farm safety.

The pocket-sized guide to safety critical non-technical skills in farming was created by Dr Amy Irwin and the Applied Psychology and Human Factors Group at the University of Aberdeen.  The aim of the guide is to provide guidance on how to enable each farmer to tailor the guide to produce a bespoke handbook that is specific to them and their farm.

The guide condenses the findings from the research group from across the last five years into an easy to read format that encourages farmers to make notes as they go through. The team borrowed protocol usually used in the aviation industry to develop the guide – applying the concept of farming specific non-technical skills and providing practical tips for implementation.

The team are supplying these guides to farmers free of charge, and have sent out over 1000 copies already, both within the UK and internationally, to the US and New Zealand.

Dr Irwin explained the rationale behind the guide: “Farming is a high-risk industry with 39 fatalities recorded within the UK in the past year, making it THE most hazardous occupation with 18 times the average fatality rate across all industries. Despite the high fatality rate, a rate that has not altered by much in the past 10 years, there is very little support for farmers in terms of developing their safety critical non-technical skills (NTS) as a method of improving safety.

“Farmers work hard and work long hours especially during harvest and lambing times. We can't reduce the number of hours worked, or the effort required to feed the rest of us, but we CAN provide farmers with support and guidance to enhance their safety critical skills and make those hours as safe as possible!

“All of our research has been conducted WITH farmers, FOR farmers and this guide presents the main findings of the research in terms of best practice and practical recommendations. Farmers can fit this guide in their pocket, and there is room to personalise it with their own way of working.  The idea is to get farmers thinking about their own safety in a way they perhaps haven't before – thinking about safety, discussing it with others, and making some changes won't cost farmers anything but time and could save a life.

“I am keen to share this guide as widely as possible – if we save even one farmers life the guide will have done its job."

The guide can be found here and can be downloaded for free. 

Scottish Water trial earthworms and water fleas to treat waste water

Scottish Water is using earthworms and water fleas to treat waste water as part of an international study which aims to protect and improve resources across the world.

The EU funded project is currently being trialled in 11 different countries including Scotland, measuring the effectiveness of earthworms, water fleas and microalgae as a potential method to treat waste water.

The year-long pilot, which is being led by the Research and Innovation team, has just got underway in the small rural community of Littlemill in Nairn, after being chosen based on size, remote location and exposure to the Scottish climate – the perfect place to test the reliability and adaptability of the technology.

Two tanks have been installed at an existing treatment works to pilot the technique which aims to reduce the environmental impact from sewage. During the trial, the water will still be treated using conventional methods once it has passed through the new machinery. The clean water will then be released into local rivers.

Project Manager Anna Baran from Scottish Water’s Research and Innovation Team said: “This is a really exciting project for us to be part of and has the potential to have a real impact on the way waste water is dealt with around the world. The technology we are trialling basically replicates a process which happens naturally within soil but we are using it to clean waste water.

“The first stage of treatment involves a tank filled with earthworms – the worms eat the larger particles of organic matter in the waste water, before it is added to a second tank containing water fleas and microalgae which remove the finer bits of organic matter.

“At this stage, the water should be in a condition that would allow it to be returned back to the natural environment.”

She added: “The objective of the project is to provide a decentralised, ecological waste water treatment for use in rural communities like Littlemill, as well as industries such as agriculture and aquaculture.

“It would also have the potential to be used in developing countries – around 2.5 billion people globally are without sanitation facilities, so the development of an accessible method of treating waste water such as this could be very significant in tackling that issue.”

Free guide: 12 ways your office can help tackle the plastic problem

Plastic. It’s a hot topic right now. Kick-started in the mainstream media by the BBC’s Blue Planet 2, hardly a week goes by now without another headline image showing our oceans and beaches being overrun with plastic debris.

It’s never good to see resources being wasted – let alone something that can be widely recycled. It’s worse when you see the damage that our waste can cause to ecosystems and wildlife. But there’s good news. This focus on plastic is having an impact. 

In Scotland, steps are being taken to reduce reliance on single-use products and protect our natural environment. For example, a ban on the manufacture and sale of microbeads came into force in 2018. And we were the first country in the UK to ban plastic-stemmed cotton buds. Other items, including cutlery, plates and food and drink containers made of expanded polystyrene, will be banned or restricted by July 2021.

At a local level, Glasgow City Council will no longer provide plastic drinking straws in its museums, sports centres, offices, schools or city chambers (people who ask for one, will receive an eco-friendly alternative instead). This small change alone will prevent tens of thousands of plastic straws going to landfill every year.

Interestingly, it was campaigning by local primary school children that inspired Glasgow City Council to switch to more eco-friendly options. And these changing consumer attitudes are not being lost on businesses either.  

Iceland has led the big retailers by committing to eliminate plastic packaging from all its own-brand products. Other retailers are now making similar pledges, such as Selfridges, which has stopped selling single-use plastic bottles of carbonated drinks. 

The actions of big businesses are major steps along the way to tackling the plastic problem. But it’s not just the national brands that can make a difference. If you’re passionate about reducing the plastic waste that your business creates, there are lots of things you can do to make an impact too.

To help your business take action Resource Efficient Scotland has written a new guide: ‘12 ways your office can help tackle the plastic problem’. The FREE guide shares a range of no and low-cost actions your business can take now to reduce plastic in your workplace. 

Get started now by downloading your guide here.

Southern Centre Private Water Supplies Event

I was delighted to celebrate my 43rd year in Environmental Health as a delegate at the Southern Centre two-day Private Water Supplies – Undertaking and Reporting Risk Assessments training event in Stirling on 31 October and 1 November. 

The first day was classroom based and Gavin McCulloch of WaterSense Ltd covered the theory of legislation, preparation, hazard identification, writing up reports and enforcement. A potentially dry topic was enlivened with enthusiastic contributions from the ten delegates (delegate numbers were kept low intentionally and the event has been presented at a number of other locations to meet demand) adding to Gavin’s own personal experiences as an expert and Director of his company.

The second day practical session took the form of a walk-through from source to tap at a private water supply in the Ochil Hills between Stirling and Dunblane. It was a dreich day to be out on the hills but all delegates turned-up in warm and waterproof clothing. The hands-on approach really brought the theory of the day one learning to life.

A huge well done to Lynn Crothers, the Southern Centre Management Committee, those local members who prepared the groundwork for this event and, of course, to Gavin McCulloch.

My first major project as a recently qualified Environmental Health Officer in the early 1980s while working with the City of Edinburgh District Council was being given the responsibility of identifying, recording and sampling private water supplies mostly in and below the Pentland Hills ahead of the implementation of the first EC Directive on Private Water Supplies. Refresher training was long overdue – you’re never too old to learn!
 

Tom Bell

Food Update

The annual food update, hosted by Martin Keeley, was held on Wednesday 18 September at the Holiday Inn, Corstorphine Road, Edinburgh and was a great success.

The event included speakers on a range of topical issues which all impact on the day to day work of anyone working in fields of food business inspection, auditing or enforcement as well as those providing training to food handlers.  From the “big picture” sense, Fiona Richmond of Scotland Food & Drink gave an overview of Scotland’s food and drink industry and desired growth in this area.  The growth of the industry is obviously dependant on business acting safely, complying with legislation and delegates at the event ensure this is the case though various lines of work.  

Karen Robertson and Steven Hendry form Food Standards Scotland (FSS) provided an overview of the current status of the Official Control Regulations (OCR) and allergen labelling respectively.  With the postponed Brexit situation the OCR Regulations will enter into force.  The different approach by FSS, to allergen labelling, to our colleagues south of the border was explained.

Col Baird from the Scottish Government provided an update of the progress with Restricting In-Store Promotions of Foods High in Fat, Sugar or Salt, a key public health topic for the Scottish Government and one which aims to address Scotland’s poor diet.

REHIS’s own Jane Bunting talked through the new REHIS Elementary Nutrition course and professionals are encouraged to promote this while visiting/inspecting/auditing business to enable those businesses to increase their knowledge of nutrition and assist to improve the diet and health of the nation.  Jane also highlighted valuable sources of CPD that professionals can complete for their own personal and professional development.

Pat Smyth of FSS and Graeme Corner of the Scottish Food Enforcement Liaison Committee and Highland Council closed the day by talking through the many, many challenges of Brexit in relation to the importing and exporting of foods.  The outcome of Brexit negotiations, in particular should there be ‘no deal’, will clearly have a significant impact on the food industry as a whole including the food enforcement community.

Overall the day was very well received by delegates with feedback indicating the event was varied, interesting and informative.  A copy of the speaker’s presentations are available on the members only section of the REHIS website

Health and Safety Update

The REHIS annual health and safety update, hosted by Lisa McCann, was held on Tuesday 17 September in Edinburgh, offering an ideal opportunity for professionals to increase their knowledge on current topical health and safety at work matters and was a very well received event.

Health and Safety Executive representatives Alex Tsavalos and Frances Kelly started the day providing an update on Local Authority regulatory priorities for the year ahead and the Go Home Healthy initiative from a UK wide perspective.  Roderick Duncan from the Scottish Government provided an update on the Health and Work Review.  There is a clear focus on tackling mental health challenges, including work related stress both in Scotland and UK wide.

There are numerous organisations that offer support to business in relation to health and safety and at the event Robert Atkinson and Andy Cathro shared information on the LOcHER projects to show how they are developing a health and safety culture with young people, which can be maintained through their working lives.  Ian Tasker of Scottish Hazards talked through the support they offer to business to support health and safety improvements.

John Ruddock of ADIPS offered opportunity for questions before the event so these could be built into his presentation and shared beneficial information on the safe operation and use of inflatables.

Brain Auld, former Director of Professional Development with the Institute, now with the Church of Scotland gave a fascinating overview of the challenges working in an organisation with a significant number of older buildings and a non-standard structure of management in the operation of these buildings.

Overall the event provided excellent presentations of health and safety at work challenges and information to assist delegates in their day to day work.  The presentations from speakers are available on the members only section of the REHIS website.

Lyme disease app launched

A demonstration version of the new LymeApp has been launched at an event in Inverness. It has been created to map where ticks bites and Lyme disease have been detected.

The £1.1 million project will allow members of the public to report tick sightings and bites and help scientists monitor cases of Lyme disease.

Developed by International Disease Mapping Apps, a new company formed by Scotland’s Rural College (SRUC), LymeApp uses satellite data to highlight where the disease has been detected across the northern hemisphere.

Data will be monitored by the Scottish Lyme Disease and Tick-borne Infections Reference Laboratory in Inverness, where developers hope to use the information to stop the spread of the infection.

The project has received £555,000 from the UK Space Agency, through a European Space Agency programme.

Lyme disease – also known as Lyme borreliosis – is an infection that can be spread to humans by ticks carrying the Borrelia burgdorferi bacteria.

If not diagnosed and treated promptly, it can lead to a chronic, debilitating condition.

Approximately 3,000 cases of the infection are diagnosed per year in the UK and more than 65,000 each year in Europe.

Morven-May MacCallum, whose life has been dominated by Lyme disease for nine years, was a guest speaker at the launch event. 

She said: "Lyme disease is an illness of unquestionable power and the damage it's had on my life and for thousands like me is immeasurable. 

"It's wonderful to see professionals from across different areas of expertise come together to help advance our knowledge of this disease and, in the process, hopefully find the answers which are so desperately needed."

Please note that this app is currently in the demonstration phase and is not currently available to download. 

Public Health Specialist recruitment

Applications are invited for approximately 70 vacancies in the Public Health training programme across England, Scotland and Wales.

Consultants in Public Health serve the population, whether they are working for a rural community, a large city or the entire national population. The principles remain the same: prevention of ill health, promotion of healthy life styles and provision of good health care services.  

EHOs are part of the core public health workforce in Scotland and as such are eligible to apply for Public Health Specialist Training posts. 

The recruitment for posts starting in August 2020 begins in November 2019 with applications required between 7 and 28 November.  

Details of the person specification, essential guidance and the application process can be found here

If, after reading the guidance you are interested in applying, this can be completed here.  

If you are successful please do let the Institute know!

Preparing for Brexit: an Environmental Health Overview

An initial news article was published by REHIS in March 2019 regarding preparing for Brexit with an environmental overview. This news article aims to provide an update. 

A Brexit deal has been agreed but needs to be ratified. The UK could still leave the EU with no deal on 31 October if the UK and EU do not approve and sign the withdrawal agreement. 

In Scotland food, health and safety, and environmental protection, regulation has been driven by the EU. There are over 50 separate EU Directives and Regulations alone that govern food standards in the UK, whilst more than 40% of all legislation coming out of EU is food related. 

Below is some information and helpful additional sources of information to help prepare for Brexit. 

 

Food Safety

Food Law

The majority of food law currently comes from the EU and has served us well for many years. Food Standards Scotland (FSS) have been working with the Scottish and UK Governments to make sure the same legal standards and regulations apply to food should the UK leave the EU on October 31 without a deal. 

This has involved a lengthy and complex process to implement ‘statutory instruments’ (legislation) bringing existing EU laws over into UK law so that there is a smooth transition, and that standards applied in the EU are carried over to the UK.

This will make sure that food is regulated in the same way as it is at present if we leave without a deal from day one.

If, on the other hand, the UK leaves the EU with a deal in place, it is anticipated  there will be a transitional period during which current EU law will continue to apply.

The Food Standards Scotland website gives more information on what it's been doing to prepare for EU exit.

Importing and Exporting

Importers and exporters of animals and animal products will be subject to new requirements if the UK leaves the EU without a deal. This would include foodstuffs ranging from cuts of meat to cheese, as well as fish and fishery products.

The rules would also apply to the import and export of live animals and other consignments such as animal by-products.

Guidance, published on GOV.UK, sets out the steps businesses will need to take to import or export these goods, and the government is communicating directly with these businesses and individuals to help make sure they are Brexit ready.

There are actions businesses will need to take if they import or export products between the UK and EU.

Businesses will require to get a UK Economic Operator Registration and Identification (EORI) number so they can continue to import or export goods and apply for authorisations.

Importing animals and animal products

While imports of animals and animal products can continue after Brexit, the way that notifications are raised is also changing. Businesses importing certain goods from outside the EU will need to use a new system called Import of Products, Animals, Food and Feed System (IPAFFS) to notify authorities of their imports.

This will be instead of the EU’s TRACES system currently used by businesses. 977 registered users have already signed up for IPAFFS which have undergone a series of improvements during 2019. Users are encouraged to register for IPAFFS from the 30th September, when guidance and user support will be available.

The UK has asked the EU for continued access to TRACES for imports from the EU for a limited time, but importers would still need to notify APHA. However, should that not be granted, businesses importing these consignments from the EU will need to notify authorities using a different process. Details on the import process are available here on GOV.UK.

Businesses who import live animals or animal products, fish, shellfish or fish products from non-EU (third) countries directly or transiting through the EU, your consignment will need to be checked at a Border Inspection Post (BIP).

Businesses who import high-risk food and feed not of animal origin from non-EU (third) countries, directly or transiting through the EU, will need to enter the UK via a Designated Point of Entry (DPE).

For more information, see importing animals, animal products and high-risk food and feed not of animal origin after EU exit.

Exporting animal products to the EU

If the UK leaves the EU without a deal, the EU would need to list the UK as a third country and give us approval to export products of animal origin (POAO) to the EU. 

If the UK does become a third country exporters of animals, animal products, fish and fishery products from the UK to the EU will need to follow a new process if the UK leaves the EU without a deal. 

If the UK is granted listed status for third country exports of animals and animal products, food exporters, in addition to meeting customs requirements, will need to ensure:

·       All consignments are accompanied by Export Health Certificate (EHC) signed by a certifier such as an Official Veterinarian or a Local Authority Environmental Health Officer. EHCs can be downloaded here. A list of authorised officers in Scotland is available here.

·       All consignments travel via a Border Inspection Post (BIP). A list of current BIPs is found here

·       All consignments comply with food labelling requirements which are detailed at here

·       Additional paperwork is required for exporters of fishery products to ensure fish has been caught legally. Further guidance for fish exporters can be found here

The consignment must enter the EU via a Border Inspection Post (BIP) within the EU. It is likely that current trade routes could be affected. There is not currently a BIP at Calais, although French authorities expect these to be operational by the end of March 2019. See a list of EU BIPs

In addition, businesses must follow the EU’s customs processes for third countries.

For more information, see exporting animals, animal products, fish and fishery products to the EU after EU Exit.

Food labelling

The rules for what you must show on food labels will change for some food and drink products if the UK leaves the EU without a deal.

The changes include:

·       Food business operator (FBO) address labelling

·       Country of origin labelling

·       Use of the EU emblem

·       Use of the EU health and identification marks

·       Use of the EU organic logo

·       Use of the geographical indication (GI) logo

Food business operator (FBO) address

Pre-packaged food sold in the EU exported from the UK, must include an EU address for the FBO or EU importer on the packaging or food label.

Country of origin labels

It will be inaccurate to label UK food as origin ‘EU’. UK food should not be labelled as origin ‘EU’.

EU emblem

The EU emblem on goods produced in the UK must not be used unless it has been authorised by the EU to do so.

EU health and identification marks 

If the UK and the EU agree a deal, the current EC health and identification marks applied to POAO produced in the UK would continue to be used for the duration of any agreed implementation period.

If the UK leaves the EU without a negotiated deal, competent authorities and food businesses in the UK will not be able to apply the current ‘EC’ health and identification marks to certain POAO which have been produced in a UK-approved establishment.

This means a revised form of the health and identifications marks will need to be used from day one onwards for certain POAO produced in the UK and placed on the UK, EU and non- EU country markets.

FSS has issued guidance which can be accessed here

EU organic food

You must not use the EU organics logo after exit day unless:

·       your UK control body is authorised by the EU to certify UK goods for export to the EU

·       the UK and the EU agree to recognise each other’s standards (called equivalency)

Contact your control body to stay up to date.

If the UK does not reach an equivalency deal with the EU, you cannot export organic food or feed from the UK to the EU.

You can continue to use your UK organic control body logo.

Read more about trading and labelling organic food if there’s no-deal Brexit.

Geographical Indication (GI) logo

GI-protected food or drink products (except wine or spirits) must use the relevant UK logo. Guidance on the UK schemes, including the new logos, will be released before exit day.

The logo use is optional for GI-protected wine or spirits.

The UK will set up its own GI schemes if there’s a no-deal Brexit. You’ll have 3 years from the launch of the UK schemes to adopt the relevant UK logo on food and agricultural product packaging.

Find out more about protecting food and drink names if there’s no a no-deal Brexit.

Enforcement

From a local authority enforcement perspective, modifications may be needed to include references to new laws on authorisation cards and formal enforcement notices, as well as some new systems put in place to replicate current processes. 

The offence/penalty provisions for contraventions of Scottish food law are for the most part contained within domestic Scottish enforcement regulations, with appropriate cross references to the relevant EU provisions. 

In general, the same law will apply post-Brexit, but this will have become retained EU law to both the domestic and directly applicable EU provision.

It is therefore likely that any offence provisions will have to also cross reference to the amending Statutory Instruments (SIs) in any reports made to the Procurator Fiscal or Enforcement Notices. These SIs are planned to be in force at Exit date, even in the event of a ‘no deal’. 

 

Health and Safety 

Health and safety protections, and business duties to protect the health and safety of people, will not change with Brexit. ​

The EU (Withdrawal) Act 2018 ensures that, whatever the outcome, we can provide certainty on health and safety for dutyholders across the UK. The Act corrects minor inaccuracies, such as changing ‘European Union’ to ‘United Kingdom’.

After Brexit businesses should continue to manage their business and employees in a proportionate way to reduce risk and to protect people and the environment.

Therefore whatever the deal the UK leaves the EU with, or in the event of no-deal, Environmental Health at Local Authorities approach to health and safety regulation will remain the same. 

 

Environment

Scotland has measures in place to protect the environment, and these measures are supported by EU laws and standards. These EU laws and standards may be affected by EU exit.

The Scottish Government is committed to making sure it meets EU environmental standards after EU exit.

Environmental legislation is being corrected to make sure the law keeps working as it has been in key areas. The Scottish Government is working on this with public bodies like the Scottish Environment Protection Agency and Scottish Natural Heritage.

These areas include:

·       air quality

·       chemicals

·       flooding

·       habitat and species protection

·       noise

·       pollution prevention and control

·       statistics and data

·       waste

·       water

·       wildlife management

Environmental laws and principles

The European Commission and the European Court of Justice currently help monitor and enforce environmental laws in Scotland.

The Scottish Government is discussing ways to make sure environmental laws are still monitored and enforced in an effective way after EU exit.

The UK government will establish a new, independent statutory body after Brexit – The Office for Environmental Protection (OEP). The OEP will oversee compliance with environmental law and will be able to bring legal proceedings against government and public authorities if necessary. The OEP will also scrutinise and advise government. Environmental principles will guide future government policy.

The UK government will introduce interim measures before the OEP is set up if there’s a no-deal Brexit. These interim arrangements will continue until the OEP becomes fully operational in early 2021.

EU law is shaped by environmental principles – for example, that pollution should be prevented and dealt with at the source where it takes place, and that the polluter should pay for the cost of this.

These principles influence environmental law and policy in Scotland, and the Scottish Government is discussing ways to make sure this continues after EU exit.

Further advice

Please see the following links for further information. 

PrepareforBrexit.Scot – Brexit planning for businesses in Scotland- this tool helps businesses identify what they can do to prepare their company for business post- Brexit.

MyGov.Scot – Information and guidance to help prepare for EU exit, including a “no deal” situation. 

EU exit has not happened, and many of the details are not yet known or are regularly changing. So please keep checking the additional sources given for updates.

World Environmental Health Day

26 September marked World Environmental Health Day (WEHD) which has been celebrated every year since 2011. 

This year’s theme of “Climate change challenges, time for global Environmental Health to act in unison” aimed to draw attention to the affect’s climate change is having on vulnerable communities and how environmental health professionals play a vital role in protecting communities against the challenges of a variable climate.

Many activities took place around the globe in connection to this big event from Australia to Zimbabwe.

Environmental Health Australia (EHA) organised a competition for environmental health students. In order to enter the competitions students required to create a 2-minute informational video, or an e-poster based on the topics with the winner being announced on the 26th September via the EHA social media pages. You can see the winning submission here.

In Zimbabwe, the Zimbabwe Environmental Health Practitioners Association (ZEHPA) had a very successful celebration event at National University of Science and Technology in Bulawayo.

The event was also honouring the memory of Zimbabweans and those who had their properties damaged and those still missing until as a result of the Tropical Cyclone Idai (March 2019) which affected the Manicaland Province. The Tropical Cyclone Idai is one of the most recent sad examples of the negative impacts of Climate Change and looking at this year's WEHD theme, ZEHPA had gathered all relevant Environmental Health stakeholders to act in unison towards mitigating the effects of climate change.

The Guest of Honour was Mr Victor Nyamandi the Director Environmental Health Services from Ministry of Health and Child Care and the key note speech was prepared by the IFEH President Dr Selva Mudaly.

Various Government, NGO, Local Authorities, Academics and Stakeholders converged and celebrated the event with plenty of local print and media covering the event, it became part of the main news bulletin for the day across various radio and TV stations.

For more information about World Environmental Health Day and also find out how other countries celebrated please see the International Federation of Environmental Health (IFEH) website.

Majority of Scots want tougher control on fireworks

A clear majority of Scots want to see tighter controls on the use and sale of fireworks.

A YouGov survey commissioned by the Scottish Government and involving a representative sample of the Scottish population, showed 71% of adults supported tighter controls on the sale of fireworks to the public, with over half backing a ban.     

And out of more than 16,000 respondents to a Scottish Government consultation on the issue: 

·       94% want to see tighter controls on the sale of fireworks

·       93% want to see stronger regulations to ensure animals are not caused unnecessary suffering as a result of fireworks misuse

·       92% feel there should be tighter controls on fireworks use

·       87% would support an outright ban on the sale of fireworks

Concerns over the impact of fireworks on those with post-traumatic stress disorder (PTSD) and autism were also highlighted.

 Community Safety Minister Ash Denham said:

“The results of our consultation and survey demonstrate overwhelming public support for a change in how fireworks are sold and used.

“While legislation on the sale of fireworks is reserved to Westminster, I will work with stakeholders to look at the powers we have to drive forward action to reduce the damage caused by fireworks misuse.

“The consultation also highlighted the wider harm that can be caused to members of our communities, including our ex-service people and those with underlying mental health issues. The serious distress and occasional injury caused to animals around times of celebration has also been highlighted as a specific concern.  

“I will update Parliament shortly on our intended action to ensure fireworks are used safely and appropriately.”

A consultation on fireworks in Scotland: your experiences, your ideas, your views. Analysis of responses to the public consultation exercise can be found here.

 

Smoking ban proposals

A consultation on the introduction of a legally enforceable no-smoking area around hospital buildings has launched.

Although the introduction of no-smoking areas, fines and penalties for smoking or permitting others to smoke outside hospital buildings are now in law, the size and placing of no-smoking areas and the wording of signs has still to be set out in legislation. The consultation provides an opportunity for those affected to provide their views on the details of these aspects so that legislation can be made on these.

The consultation seeks views on:

  • details around this including the distance from a hospital building which will form the no-smoking area, 
  • whether overhanging structures should be included in that area, 
  • the wording of signs, 
  • whether any buildings should be exempted,
  • if only buildings used wholly or partly as hospitals should be included, if pathways should be included, 
  • whether any particular groups will be disproportionately impacted.

As well as seeking views on the above, the consultation will ask for opinions on the use of Nicotine Vapour Products (NVPs) – including electronic cigarettes – on hospital grounds but outwith no-smoking areas. The answers will have no legal bearing but will provide information on the level of support for a Scotland-wide approach to the use of NVPs as an alternative to smoking on hospital grounds.

Public Health Minister Joe FitzPatrick said:

“The smoke-free grounds policy has had some impact but has not been sufficient to end the practice of smoking around hospitals.

“Smoking remains the most significant cause of ill health in Scotland  – leading to up to 100,000 hospitalisations per year and more than 9,000 premature deaths.

“Our hospitals need to be seen as accessible, open places which promote good health and lifestyle choices. Every aspect of life there should reflect that.”

The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 amended sections of the Smoking, Health and Social Care (Scotland) Act 2005 (“the 2005 Act”) to provide for offences to be introduced in respect of smoking around hospital buildings. 

As a result, the 2005 Act now provides for the introduction of formal no-smoking areas outside hospital buildings and for offences of allowing smoking in these areas and of smoking in these areas.   The Act gives the Scottish Ministers powers to make secondary legislation (“Regulations”) to finalise the details before these provisions can be brought into force.  

Prohibiting smoking outside hospital buildings consultation closes on 10 Jan 2020.