Move to restrict smoking in enclosed workplaces

22/7/97

The State Government has moved to restrict smoking in enclosed workplaces, Labour Relations Minister Graham Kierath said.

The restrictions come into effect in August 1998.

Mr Kierath said the 'Protection from Tobacco Smoke' regulations would work together with the general duty provisions of the Occupational Safety and Health Act to effectively ban smoking in enclosed workplaces.

"The Government's objective is that Western Australian workplaces be the safest in the world by the year 2000," he said.

"They cannot be the safest if thousands of Western Australians at work do not have the basic right of clean air.

"What these regulations will do is protect workers from harmful pollutants in their workplace.

"There are provisions for setting aside a special smokers' room so that non-smokers will not be affected by environmental tobacco smoke.

"While many workplaces have done the right thing and become smoke-free, there are still many people at workplaces who are exposed to environmental tobacco smoke every day.

"Employers and people with management control in these workplaces have had plenty of time to address the issue of passive smoking. However, they will be given a further 12 months before smoking will be restricted in enclosed workplaces."

Mr Kierath said protecting workers from environmental tobacco smoke was important because its effects took many years to become evident, like asbestos and mesothelioma.

He said it was also difficult to pinpoint where and when exposure had occurred.

That was why he had begun a register of smoke-free workplaces back in April 1994, which was still open, to act as a useful guide to eliminate some possibilities.

"The register aimed to improve the working environment as well as give employers a certain degree of protection against possible future compensation and damages claims for smoke-related illnesses," he said.

"The first organisation to register as a smoke-free workplace was TVW Channel 7."

The 'Protection from Tobacco Smoke' regulations address smoking in enclosed workplaces where there is a ceiling or a roof and walls by:

·      prohibiting smoking by employers, employees and self-employed persons in enclosed workplaces, with penalties of up to $5,000;

·      provision for designated smoking areas. However, employees cannot work in such areas when a person is smoking; and -

·      a penalty of up to $25,000 for employers or persons with control of the workplace if they fail to prevent smoke from designated smoking areas penetrating enclosed workplaces where smoking is prohibited.

The new regulations, which have to go before Parliament, are directed at specific parties at workplaces. Visitors to workplaces will be prevented from smoking in other than designated areas through the Occupational Safety and Health Act duty of care obligations on employers and people who control workplaces to ensure protection from hazards. There are potential $100,000 penalties for breach of these duties of care.

Mr Kierath said WorkSafe Western Australia would enforce these new regulations, in conjunction with the general duty of care provisions of the Occupational Safety and Health Act, which came into effect in 1988.

"In addition to protecting non-smoking employees, employers and self-employed persons in enclosed workplaces, these regulations will also protect the public who visit enclosed workplaces," the Minister said.

"These regulations are not aimed at stripping smokers of their rights but to uphold the rights of everyone to work in a smoke-free environment.

"I am sure most smokers will understand the need for these regulations and many already are very considerate towards non-smokers."

Mr Kierath said he was making the announcement now to give employers and employees 12 months' notice before the regulations come into effect.

Media contact: Steve Manchee 9481 2133