Smoking Policy
Medical tests have proven that by being a second-hand smoker (or passive smoker) you equally run the risk of getting lung cancer or heart related diseases as the active smoker just by inhaling the tobacco. Tests have also indicated that tobacco smoke causes migraine and asthma attacks amongst both the active and passive smoker. Consequently, the National Department of Health places a duty on all employers to provide (as far as practically possible) a safe and healthy environment to all their employees.
South Africa’s smoking policy seeks to provide all employees a work environment air free of tobacco smoke and prohibits smoking in all types working environments including the office whether it is occupied by one person or more. If an employer does not abide to this smoking policy by ignoring an employee’s health related complaint due to the effects of smoke in the working environment, the employer may be sued for any resultant damage to the employee’s health. However the employee is also responsible to take care of their health for both their sakes and those of others, and cooperate with the employer as best as possible to comply with Health and Safety legislation set by the government.
Other common non-smoking areas in and around the office that is subject to the smoking policy:
- Entrances
- Car parks
- Restrooms
- Reception
- Lifts
- Stairways
- Corridors
- Entrances
- Toilets
It is important to inform clients, visitors and temporary staff of your workplace’s smoking policy. Designated signage can be posted at main traffic areas urging them to abide to the policy. The smoking policy can be communicated internally by sending permanent staff members a copy of the smoking policy.
Please note that this information is supplied for general information and does not constitute legal advice. It is advisable for you to contact a legal practitioner for guidance in respect of your unique requirements.