This section aims to help workplaces to implement smoke-free policies effectively, by providing information that focuses on the health risks of smoking in the workplace. The new tobacco regulations are included.
The workplace is a major source of exposure to the harmful effects of environmental tobacco smoke.
According to the World Health Organisation (WHO) there are two global causes of death on the increase: HIV/AIDS and tobacco smoking. For many years it has been common knowledge that smoking is detrimental to the health of the smoker. Smoking is the major cause of heart disease, the cause of 30% of all cancers, and the cause of 80% of all chronic lung diseases. The new tobacco regulations guarantee non-smokers the right to clean air. A smoker does not have the right to endanger the life of another human being. Employers thus have a moral, ethical and legal responsibility to protect the environment of all persons in the workplace by establishing a smoke-free workplace.
Tobacco use is harmful to the health of smokers and non-smokers and thus warrants restrictive laws in the public's interest.
The new regulations that were gazetted (No 21610) on Friday, 29 September 2000 by the Department of Health were enacted to protect the rights of all South Africans to breathe clean air. Controlling smoking in public places ensures a clean, healthy environment for activities of daily living, public events, travel and work.
NOTICE RELATING TO SMOKING OF TOBACCO PRODUCTS IN PUBLIC PLACES
The Minister of Health has, in terms of section 2 of the Tobacco Products Control Act, 1993 (Act No. 83 of 1993), as amended, declared the public places specified in the Schedule as permissible smoking areas, subject to the conditions also specified in the Schedule.
SCHEDULE
Definitions
"pub", "bar" or "tavern" means a public place where the primary business of the place is to sell alcoholic beverages to the general public, for consumption on the premises;
"restaurant" means a public place where the primary business of the place is the sale of prepared food to the general public, for consumption on or off the premises; and
"smoking establishment" means an establishment where the primary business is to sell tobacco products to the general public for consumption on or off the premises, and to provide for related business activities.
Smoking areas
- Smoking establishments;
- bars, pubs, taverns or any other public place where the primary business is the sale of alcohol beverages, subject to clause 3;
- night clubs, casinos or any other public place where the primary business is the provision of entertainment, subject to clause 3;
- restaurants, subject to clause 3;
- hotels, guest houses, bed and breakfast places, game lodges and other places where accommodation is offered for sale, subject to clause 3;
- passenger ships registered in the Republic, subject to clause 4;
- passenger trains operating in the Republic, subject to clause 5;
- work places, subject to clauses 3, 6, 7; and 8
- airports, subject to clause 3.
- the designated smoking area does not exceed 25% of the total floor area of the public place;
- the designated smoking area is separated from the rest of the public place by a solid partition and an entrance door on which the sign "SMOKING AREA" is displayed, written in black letters, at least 2cm in height and 1,5 cm in breadth, on a white background;
- the ventilation of the designated smoking area is such that air from the smoking area is directly exhausted to the outside and is not re-circulated to any other area within the public place;
- the message: "SMOKING OF TOBACCO PRODUCTS IS HARMFUL TO YOUR HEALTH AND TO THE HEALTH OF CHILDREN, PREGNANT OR BREASTFEEDING WOMEN AND NON-SMOKERS. FOR HELP TO QUIT PHONE (011) 720 3145" is displayed at the entrance to the designated smoking area, written in black letters, at least 2cm in height and 1,5 cm in breadth, on a white background; and
- notices and signs indicating areas where smoking is permitted and where it is not permitted must be permanently displayed and signs indicating that smoking is not permitted must carry the warning:
"ANY PERSON WHO FAILS TO COMPLY WITH THIS NOTICE SHALL BE PROSECUTED AND MAY BE LIABLE TO A FINE";
- employees who do not want to be exposed to tobacco smoke in the workplace are protected from tobacco smoke in that workplace; and
- employees may object to tobacco smoke in the workplace without retaliation of any kind.
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