Michael Healy-Rae (Kerry South, Independent)
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To ask the Minister for Health if a psychiatric nurse is entitled to a smoke-free work place; and if he will make a statement on the matter. [14190/13]

James Reilly (Dublin North, Fine Gael)
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As the Deputy is aware smoking is prohibited in most enclosed workplaces under Section 47 of the Public Health (Tobacco) Acts 2002 and 2004. It should be noted that the exemption in the case of psychiatric hospitals was intended to cover cases that might arise with persons with serious mental health issues who require constant observation and where staff/client safety would be an issue if the client had to go outside to smoke. In the case of the majority of clients there should be no need to avail of this exemption and nothing in the legislation obliges employers in exempted premises to permit smoking. In any event, the Safety, Health and Welfare at Work Act, 2005 provides that 'every employer shall ensure so far as is reasonably practicable, the safety, health and welfare at work of all employees'. Therefore, while psychiatric hospitals are exempt from the smoking ban, employers continue to have a duty of care to their employees and a statutory responsibility to provide a reasonably safe working environment.

The 'HSE Best Practice Guidelines for Tobacco Management in the Mental Health Setting' were drafted to assist employers in the management of tobacco use in the mental health setting, taking into account the exemption from legislation and the continuing duty of care to health care workers to ensure minimum exposure to environmental tobacco smoke. The Guidelines state that: Smoking is prohibited in all work areas, common areas and facilities used by staff, clients and visitors in the organisation, including transport; if smoking areas are designated, they should be completely separate from non-smoking areas and all efforts should be made to reduce time spent there by smokers; the designation of indoor smoking facilities may only be provided, if appropriate, in extreme circumstances and the decision to do so has been recorded and reviewed by a senior manager; management is responsible for ensuring that every effort is made to provide staff with a smoke free working environment; mental health services staff may only smoke at official break times, in external designated smoking areas or facilities, away from entrances.