Designated smoking areas for employees

Could we face any issues if we elect not to provide a smoking area when developing a smoking policy? The only place far enough from our entrance is adjacent to the public footpath in our carpark.

An employer has a legal obligation to provide a safe workplace for their employees and to protect their employees, customers and clients from the harmful effect of tobacco smoke in the workplace.

In developing a smoking policy, there is no legal obligation for an employer to provide a smoking area for their employees. However, as there may be employees who do smoke, if possible,it is practical to nominate a designated area as this does allow some control over the situation.

Depending on the working environment, it may also be important to considerdefined break times when smoking is permitted, i.e. tea and lunch breaks. Another factor to consider is the distance the designated area is from the workplace. If an employer decides to establish a designated smoking area they need to ensure that:

• tobacco smoke does not pass into non-smoking areas;
• members of the public are not unnecessarily exposed to tobacco smoke; and
• that any requirements under state legislation are met (for example under theSmoke-free Environment Act 2000in NSW smoking is banned within 4 metres of a pedestrian access point to a public building).

If an employer chooses not to have a designated smoking area they should give consideration to the relevant legislation and to how they manage employees who smoke within the vicinity of the building as there may be complaints from neighbouring businesses and residents.

An employer should also give consideration to how their smoking policy is communicated to their employees. This policy could form part of a wider Health and Wellbeing program and/or present an opportunity to provide the contact information for the government Quitnowprogram and Quitline (13 78 48).

The HR Resource Centre contains a sample Smoking in the Workplace Policy and useful information in relation to implementing a smoking policy.

For any additional advice about drafting a Smoking policy, members of Ai Group can call the Workplace Advice Line on
1300 55 66 77.