Is your designated smoking area at least 5m away from non-smoking employees?
If not, you better get R50 000 ready to pay a non-compliance penalty
Discover how to avoid fines by being 100% compliant with smoking legislation in the workplace...
Your designated smoking area must comply with five regulations
Regulation #1: The designated smoking area may not exceed 25% of the total floor area of your workplace;
Regulation #2: You must separate the designated smoking area from the rest of the public place by a solid partition and an entrance door on which you display the 'SMOKING AREA' sign. This must be written in black letters, be at least 2cm in height, 1.5cm in breadth, on a white background;
Regulation #3: The ventilation of the designated smoking area must ensure the air from the smoking area is directly exhausted to the outside and isn't re-circulated to any other area within your building;
Regulation #4: You must display the message:
'SMOKING OF TOBACCO PRODUCTS IS HARMFUL TO YOUR HEALTH AND TO THE HEALTH OF CHILDREN, PREGNANT OR BREASTFEEDING WOMEN AND NONSMOKERS. FOR HELP TO QUIT PHONE (011) 720 3145' at the entrance to the designated smoking area, written in black letters, at least 2cm in height, 1.5cm in breadth, on a white background;
Regulation #5: You must permanently display notices and signs indicating areas where smoking is permitted and where it isn't. Signs indicating that smoking isn't permitted must carry the warning: 'ANY PERSON WHO FAILS TO COMPLY WITH THIS NOTICE SHALL BE PROSECUTED AND MAY BE LIABLE TO A FINE'.
You don't have to provide smoke breaks
If you provide smoke breaks during work hours you can insist your employees work in the time after hours, without additional remuneration. Or, you could deduct the cumulative monthly 'smoke break time' from your employees wages at the end of the month.
You're under no legal obligation to facilitate the addiction of the smoker, just as you're under no obligation to facilitate the addiction of any other employee who may be addicted to alcohol, narcotics,
etc. You're entitled to ban smoking altogether in your workplace, or you may restrict both the area where smoking can occur and the duration of the smoke breaks your employees take.
Find out more about your smoking obligations in Section S01 of the Health and Safety Advisor.
Until next time,
Managing Editor: Health and Safety Advisor
P.S. Discover how to avoid fines by being 100% compliant with smoking legislation in the workplace...