OHS Management System: Risk Management |
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Smoking Clients
“…It could be argued that injury from passive smoking is reasonably foreseeable and that consequently such an injury could give rise to action at common law.”
Federal Attorney General, House of Representatives, 13 November, 1986
Staff working with residents who smoke can be exposed to environmental tobacco smoke which can cause serious health problems.
Passive smoking can cause an effect even in healthy people. You may experience irritation to the eyes and the airways. If you already have a breathing problem it can be made much worse. The Department of Health and Ageing states “People who never smoke but live with a smoker have a 30% greater risk of developing lung cancer than people who never smoke and live with a non-smoker.”
What the law says
You need to consider a range of laws when determining your smoking policy:
OHS Act 2000 places a general duty of care on the employer. As passive smoking related illness is foreseeable, you could be prosecuted under this act.
NSW Smoke-free Environment Act 2000 prohibits smoking in enclosed public places (with exemptions).
Enclosed means having a ceiling or roof and being completely or substantially enclosed. This applies to both temporary and permanent enclosures.
A public place is a place entitled to be used or being used by members of the public.
Retirement Villages Act 1999 says that smoking is not allowed in any building other than the resident’s dwelling or in any enclosed common area.
Case Study
From 1974 to 1986, Lisa Scholem worked as a psychologist in a community health centre. Both staff and patients smoked at work until 1984 when it became a smoke-free workplace.
Mrs Scholem’s asthma worsened, and she sued her employer, the NSW Department of Health.
In 1992, the court found in her favour and awarded her $85,000.
WorkCover NSW Health and Safety Guide, Passive Smoking Policy and Control 2000
What you should do
- Always make sure you comply with the requirements of the four acts mentioned above.
- You must have a written non-smoking policy. Consult with your staff when developing this.
- Make sure the policy specifies when the smoking ban comes into place (if it is new), what areas are effected, that new employees will be informed of the policy, and that the policy will be reviewed regularly.
- All indoor areas of the workplace should be smoke-free.
- Non-smoking signs should be displayed.
- Consider including your smoke-free policy in duty statements which must be signed by new staff.
- Consider supplying assistance to quit smoking and including this in your policy.
- Be cautious when considering designated smoking areas.
- Ventilation systems do not prevent passive smoking.
- Some air conditioning systems may even spread the smoke to other areas of the building.
- If you are going to provide a designated smoking area it should be outside, but make sure it is away from the access and egress paths.
- If you decide not to provide a designated smoking area, watch out for people ‘sneaking’ a cigarette. These can be a fire hazard.
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• Determine if new clients are smokers prior to commencing visits. • Clients should be told they may not smoke in the presence of field workers. • Client agreements should specify your non-smoking policy. |
• If a client starts smoking, tell them to stop. • Staff with allergies, asthma or other sensitivities should not be assigned to a smoking client. |
• You must endeavour to provide a safe working environment for your staff. Clients should never smoke in the presence of field workers, even if they themselves smoke. Field workers should also never smoke in the client’s home. |
Templates & References
Passive smoking in the workplace - a good guide to the issues of passive smoking and what to include in policies.
Passive Smoking and Second-hand Smoke
www.quitnow.info.au for resources on quitting smoking