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Employers have a duty of care at common law and under work health and safety laws to protect employees from the harmful effects of tobacco smoke in the workplace. Reasonable measures should be taken to prevent the risk of passive smoking.
‘Anti-smoking’ legislation exists across most states and territories of Australia. Generally speaking, anti-smoking legislation aims to restrict smoking in public places. In addition, some states have enacted legislation to specifically address smoking in the workplace.
Employers should develop a smoking policy in order to comply with anti-smoking legislation, and to reduce liability for employees potentially developing illnesses due to exposure to environmental tobacco smoke in the workplace.
This policy is a sample only. Employers should seek advice from the Ai Group in tailoring this policy to the particular needs of the organisation.
Guidance notes and instructions are shown italicised.
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