Employee Rights
- To insist on no smoking in their workplace, including in vehicles.
- To complain to the employer or to the Director-General of Health, giving details, where there are reasonable grounds for believing that the Act has been breached.
Employee Obligations
- To not smoke at any time in a workplace, other than in a vehicle in which smoking is permitted (by written agreement of those persons travelling in the vehicle).
Employer Right
- To insist on a completely smoke-free workplace.
Employer Obligations
- To take all reasonably practicable steps to ensure that no person smokes at any time in a workplace that is not—
- A vehicle in which smoking is permitted (by written agreement of those persons travelling in the vehicle)
- A dedicated smoking room in which smoking is permitted (only applicable to hospital care institutions, residential disability care institutions, and rest homes).
- To display prominent notices indicating where smoking is and is not permitted.
- To investigate, within 20 working days of receiving it, any complaint that the Act has been breached and try to resolve it.
- To allow the employees’ representative (if any) to be present at any meeting called to resolve a complaint and to determine how to avoid such complaints in the future.
- To refer any unresolved complaint to the Director-General of Health.
To access the complete Act click here