Warning: Anyone who comes to your office has the right to demand a smoke-free environment, and you must comply!
You read right - even if you're the owner of the business and you're a chain-smoker yourself, anyone who comes to your office is within their legal rights to DEMAND a smoke-free environment! Here's how to navigate around this weird Health and Safety rule and come out on top...
Smoking is always a hot topic when it comes to the workplace – you must create a balance between accommodating smokers and protecting non-smoker's rights.
In fact, you don't only have to worry about your full-time employees' need to work in a smoke-free environment – almost anyone can demand your business make a smoke-free environment for them! The Health and Safety Training Manual
reveals the details of this strange rule…
Who can demand a smoke-free environment?
Your employees of course, but who else?
What technically constitutes as smoking?
Visitors such as clients
Temps, freelancers and contract workers
Anyone who is allowed on your premises for business reasons
Whether it's a cigarette, cigar, pipe or hookah (water pipe), when tobacco is in the mix, you must comply with the Tobacco Product Controls Act (TPCA).
The TPCA is always on the non-smoker's side…
The TCPA governs smoking at work, not the OHSA. The TPCA explicitly protects the rights of non-smokers to be free of second-hand smoke.
If somebody in your workplace, from the cleaner to a major client, doesn't want to expose themselves to tobacco smoke, you MUST by law accommodate them.
The TCPA also states you must have a written policy for smoking in the workplace (TPCA 1999 amendment) and you must give anyone on your business premises the right to object to smoking in the workplace. In fact, if you don't provide this right, the TCPA can fine you up to R100 000!
to discover how to avoid fines by being 100% compliant with smoking legislation in the workplace...