Smoking in LTCF

Specialties Geriatric

Published

I need to know if there is a law in Indiana about non smoking personnel having to supervise residents on their smoke breaks.

This is becoming an issue at our facility and if we knew if there IS a law or ISN'T, it would help a great deal.

If you find it, please let me know where.

Thanks!

Hi,

I just wanted to say, it should be under your "rights" as a human being.. because its hurting your health ESPECIALLY since a non-smoker does not smoke. Why hurt your lungs, when there is probably plenty of personnel that DO smoke that can smoke them.

I work at a LTCF in MS. We try to deligate our smoke times to people that smoke.. but there are just those times that they are busy and we have to have a non-smoker do it (like me) sooo, I do it.. but i stay FAR away from the smokers-- and just keep a hawk eye on them ( they have aprons for the ones that drop their cigerattes alot..)

Lata.!

Specializes in LTC.

well, indiana is an at will employer, so refusal would probably get people fired...employers can require anything they want of you, if you don't like it, you can quit or get canned. it's crappy because employees aren't protected at all...and i don't think there is any way that the sbon will step in and back an employee for refusing to take someone to smoke b/c it's the patient's right and we have to respect it and protect the patient, it sucks but i really doubt that this would be anything the state would get involved in in any way that would be favorable to the non smoker..

many, many counties in indiana have developed smoking bans for work places and public places, but have put in ordinance provisions to allow nursing home facilities to continue to allow the residents to smoke there because it is technically 'their home and their right'

the only laws i have seen/found are that employees are required to supervise the smokers at all times d/t risk of catching themselves on fire, not being allowed to have smoking paraphenilia, etc. there were no stipulations found to protect non smokers...

there are plenty of ltcs in central indiana that are completely non smoking and the only way a resident can be admitted is by signing an understanding that he/she will not be allowed to smoke unless they are signed out by a family member and taken off facility grounds...the facility i work at now and the one previous both have the no smoking rule for staff/residents..my grandmother was at a ltc for rehab after a fall...she went there instead of to my facility where i could watch over her simply because she could smoke there....

it's a shame that the non smokers have to take out the smoking residents...i can't believe that the smoker employees don't jump at the chance for an extra smoke break...i would probably quit if i were pregnant and had to take out smoking residents....

i hope you find a resolution...interested to hear what others have to say, too...

Specializes in LTC.

Hello!

Well, I live in Michigan, and I have never heard of any rules about watching residents smoke in LTC. But we have the same problems where I work. We have some residents that want to smoke, and I have recently quit smoking February) and I don't want to sit with them! So far it hasn't been a problem, the nurses that smoke sit with them.

We had a problem with this and the only reason it was resolved is because the resident shifted floors.

Aside from the smoke fumes, I was infuriated that anyone thought I had 20 minutes twice a shift for one patient who wanted to smoke bearing in mind I had about four minutes per patient per hour.

Our facility held firm that we had to take this individual out twice a shift.

Res rights seem to trump everything.

Specializes in Gerontology, Med surg, Home Health.

In my old facility we did a 'safe smoking assessment' to determine if the resident is okay to smoke unsupervised. Only a few people ever passed the test and they were short termers. My building now doesn't allow smoking. The case managers at the hospital know this and tell the patients BEFORE they come that they will NOT be allowed to smoke.

I currently work in LTC in Indiana. I don't know what the "Law" is. But I'm fairly certain OSHA has some rules about exposure. We have residents who need supervision as well. Our admin does respect the wishes of non smoking staff and does not expect them to take Residents out to smoke. However, even though I smoke, I have refused to take patients to smoke. I tell the patient it is a conflict of interest for the nurse (who is supposed to be manageing the patient's health) to put a cigarette in a patients mouth and light it for them and sit there and make sure they don't burn themselves. I think if a resident developed Lung Ca while in an LTC, who's medical staff actually assisted the resident to smoke, that the family would have no problems getting a lawyer to take that case if they wanted some money. I know it's their "right" to smoke. But, I figure if they can't do it alone then they better quit. We have a 28 YO male paraplegic who smokes. He is in his W/C, because he tried to kill himself and screwed it up and broke his neck instead. He demands somone take him to smoke. I figure if someone has an injury, self inflicted or not, and the injury is life changeing, and they can't wipe their own butt anymore, then guess what? They can't smoke either. Some people tell me I'm just plain old mean, too bad.

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