New rules regarding smoking in public places come into effect tomorrow
28/3/99
Two new sets of regulations regarding smoking in enclosed places will come into effect from tomorrow (Monday).
Changes to the Occupational Safety and Health Regulations will prohibit smoking by employers, employees and self-employed persons in enclosed workplaces, while new Health Regulations will ban smoking in most enclosed public places.
A workplace is considered to be enclosed if it has walls and a ceiling or roof and can be completely or substantially enclosed.
Labour Relations Minister Cheryl Edwardes said the new Occupational Safety and Health Regulations covering workplaces had been amended so they were consistent with the new health regulations.
"The two sets of regulations complement one another to provide laws covering smoking in most areas of the State," Mrs Edwardes said.
"However, the new laws do provide for some exemptions from the smoking ban.
"Under certain conditions, employers, employees and self-employed persons may smoke in a designated smoking area.
"These designated smoking areas must have an effective exhaust system, and smoke must not be able to enter any other part of the workplace.
"Some enclosed workplaces such as shops, hotels and restaurants are also public places under the health regulations."
Health Minister John Day said the State Government had adopted a sensible, realistic and balanced approach to the phasing-out of environmental tobacco smoke in enclosed public places.
"The Government is acting with widespread community support and WA will have the toughest smoking restrictions in enclosed places of any Australian State," Mr Day said.
"The new legislation reinforces WA's position as a leader nationally and internationally in regard to smoking control.
"I expect that the combination of public and industry education, appropriate signage and community support will assist in ensuring widespread support for the regulations."
Under the regulations:
- shopping centres, indoor sporting venues, food halls and restaurants will generally be smoke-free from March 29;
- smoking in all indoor bars adjoining dining areas will cease from January 1, 2000 (except where that bar is the only bar area in a particular premises);
- where a hotel has two or more bar or lounge areas, a non-smoking area will be required;
- smoking is permitted in no more than two bar or lounge areas that do not adjoin the dining area of a hotel, provided these areas are adequately ventilated. All other areas are required to be non-smoking;
- at least 50 per cent of enclosed areas in cabarets and nightclubs must be smoke-free from January 1, 2000;
- at least 50 per cent of the gaming floor of the Burswood Casino must be smoke-free from January 1, 2000;
- smoking in licensed restaurants will only be permitted in a single enclosed room in which meals are neither served nor consumed. Such a room cannot form part of the main accessway to a restaurant, and must be adequately ventilated.
Media contact: Hugh Ryan 9213 6700