A Guide On How To Create A Smoke-Free Workplace

The Rights of Non-Smokers

• Section 29 of the new Constitution states: "Every person has the right to an environment which is not detrimental to his or her health or well-being".
  
  
• The Tobacco Products Control Act enshrines the principle that every citizen has the right to tobacco smoke free air in public places. The Act defines public places as any indoor or enclosed areas and includes the workplace.
  
  
• The Occupational Health and Safety Act No. 85 of 1993 compels employers to provide a safe and healthy workplace, namely, to make the workplace smoke-free.
  
  
• If employers fail to take reasonable steps to remove hazardous conditions, such as tobacco smoke in the workplace, after they have been warned of the dangers to the health of their employees; employees have the right to demand compensation for resultant disease or disability.
  
  
• Passive or involuntary smokers have the right to sue tobacco manufacturers; if it can be shown on a balance of probabilities that exposure to tobacco smoke caused them harm.

^ top