South Africa: Companies are required by law to have a dedicated 'smoking room'

Ricly Mpntalbano explains why it is in fact illegal to smoke in any place other than in a designated smoking area according to The Tobacco Products Control Amendment Act No 83 of 1993.
Source: IOL

A puff in the office is illegal - IOL
February 18, 2009

Ricky Montalbano

Companies are required by law to have a dedicated 'smoking room'

I was on a company visit with our in-house risk assessor and while waiting to see the client, Pieter, a colleague, mentioned that the company we were visiting had a lack of no-smoking signs.

This sparked a conversation on smoking in the workplace. What many people may not know is that it is in fact illegal to smoke in any place other than in a designated smoking area.

The Tobacco Products Control Amendment Act No 83 of 1993 stipulates that smoking may only be allowed in designated smoking areas.

So what is a "smoking area"? A "Smoking area" in terms of the National Building Regulations Act, is a dedicated room for smoking purposes only.

Therefore, it is prohibited to smoke in all office areas, toilets, kitchens, living quarters and other areas within a building.

The act makes specific mention of what a designated smoking area constitutes.

A "smoking area" in terms of the Tobacco Products Control Amendments Act, must be partitioned off with a solid partition from floor to ceiling, and may not exceed 25% of the total floor area of the public place.

Smoking areas must have an entrance door on which a "smoking area" sign is displayed.

The message: "Smoking of tobacco products is harmful to your health and to the health of children, pregnant or breastfeeding women and non-smokers", must be displayed at the entrance to the designated smoking area or smoking room, and must also be written in black letters at least 2cm in height and 1,5cm in width on a white background.

These notices and signs indicating where smoking is permitted must be permanently displayed. Signs indicating that smoking is not permitted must carry the warning: "Any person who fails to comply with this notice shall be prosecuted and may be liable to a fine."

Essentially, a smoking area is a designated area within a building that must remain closed and have an air filtration system.

It is not sufficient to have a designated smoking area in the corner of the company canteen.

Also, having an air conditioning unit blowing fresh air into the room is not adequate. The air in the smoking "room" must be fresh, clean air, and the smoke-polluted air must be extracted out of the room.

The object is to supply fresh air and to extract smoke from a smoking area or room in order to maintain a negative pressure in such smoking area or room (so that air is prevented from passing back into the building).

Employers are also required to supply the necessary signage, in accordance with the National Building Regulations and Standards Act of 1997 and the Tobacco Products Control Amendment Act 83 of 1993.

Artificial ventilation must comply with the above act and the details of what is required can be obtained from the act.

In addition to the no-smoking policy within buildings, smoking is also prohibited outside buildings where there is the likelihood of sidestream smoke being drawn into the building.

Make sure you are complying with the act.

Source: IOL