DISCLAIMER: All the information or advice on this page aims to be as accurate as we can reasonably make it. However, the information and advice is general and not necessarily applicable to your specific business or workplace. If a topic relates to your business or workplace, you should make sure you do your own research on how applicable and relevant the information or advice is to your particular situation.

Frequently Asked Questions

1. Will the smoke-free legislation affect my business?
2. When will this new legislation come into force?
3. Should I be taking any action to prepare to meet the legislation?
4. What is meant by enclosed and substantially enclosed?
5. Will I be legally obliged to provide external smoking shelters or areas for smoking?
6. Will there be any signage requirements for smoke-free premises?
7. Will my business lose money if I go Smoke-free?
8. Why do we need a smoke-free legislation?
9. How is the tobacco smoke damaging my business?
10. Second-hand smoke and your workforce
11. Smoking and your workforce
12. Is ventilation an alternative to a smoke-free workplace?

Answers

1. Will the smoke-free legislation affect my business?
A simple answer to the question is ‘Yes’. All enclosed or substantially enclosed area within workplaces, public areas or licensed premises will be completely Smoke Free by November 1, 2007 (with the exception of NT). The intricate details of the various regional bans are specified in local legislation. View our legislation page which outlines the basics to the different policies.

It will be up to the occupier of the premises to enforce the ban. This means erecting the appropriate signage, implementing training programs for staff so that they are aware of your workplace policy, and ensuring that people who infringe on your policy and dealt with promptly.
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2. When will this new legislation come into force?
Once again this literally depends on your state's policy. You can view our legislation page that outlines the different policies.
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3. Should I be taking any action to prepare to meet the legislation?
Yes, definitely! A few months of preparation will help make the smoke-free legislation easier to manage. Make sure you understand what your obligations are so that you meet the requirements of your State/Territory.
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4. What is meant by enclosed and substantially enclosed?
Enclosed: Premises will be considered enclosed if they have a ceiling or roof and, except for doors, windows or passageways are wholly enclosed whether on a temporary or permanent basis.

Substantially enclosed: Premises will be considered substantially enclosed if they have a ceiling or roof, but where there are openings in the wall which are less than half of the total area of the walls, including structures that serve the purpose of the walls and constitute the perimeter of the premises. When determining the area of an opening, no account can be taken of opening in which doors, windows or other fittings can be opened or shut. The definitions of ‘substantially enclosed’ and the legal requirements vary between the States and Territories, so we recommend viewing your local legislation to see what applies to you and your organisation.

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5. Will I be legally obliged to provide external smoking shelters or areas for smoking?
No, you have no legal obligation to provide facilities or opportunities for smoking.
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6. Will there be any signage requirements for smoke-free premises?
Yes, in most instances signage will be required both at entry points to smoke-free areas as well as within the area itself. A licensed premises, for example, must have enough signage in place so that a ‘reasonable person’ would see signage within a smoke-free area, as well as signage on the main entrances to the premises. Different States/Territories will have different requirements, so it’s important to understand your local obligations.

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7. Will my business lose money if I go Smoke-free?
A report published in 2004 concluded that the workplace smoking ban would be unlikely to have an adverse economic effect on the hospitality business and may, in fact, have a positive effect.

As a result of complying with the smoke-free legislation, your business would benefit with non-smokers visiting regularly and smokers do adjust to a smoke-free environment. Likewise non-smoking staff would be much happier with their work environment. The costs of cleaning and maintenance would be reduced and the employee absenteeism due to respiratory illnesses would also reduce.  
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8. Why do we need a smoke-free legislation?
Tobacco smoke is a serious risk to health and productivity. To keep your workforce fit, healthy and productive would be in the best interest for the business and themselves. The health of the business would grow to a better productivity outcome and it would also enhance the corporate image.

A few facts:

• An average smoker would take six 10 minute breaks each day, which results in a loss of 1 hour a day per smoker – This results in 5 hours a week!
• Non-smokers may resent the fact that smokers are taking more breaks and then take either more breaks or longer breaks themselves - this conflicting may result in the suffering of productivity and moral.
• Those who are exposed to smoke (smokers/non-smokers) are more likely to be ill more frequently and also may take longer to recover.
• Smoke increases risks of fire and so insurance premiums may be higher.

There are many advantages of having a smoke-free policy, as the outcomes would benefit your productivity development, workforce moral and corporate image.
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9. How is the tobacco smoke damaging my business?
Tobacco is a major cause of ill health for both smokers and non-smokers. You could be loosing your most valuable assets, your workforce, to an early retirement caused by smoke related illnesses. A regular smoker has a one in four chance of dying before they pick up their pension. Smokers who are taking regular smoke breaks effects the moral, communication and relationships within the company. Regular costs are set aside for the maintenance of the smoking areas.
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10. Second-hand smoke and your workforce
Second-hand smoke (passive smoking) causes short-term illnesses such as headache, sore throats, dizziness, increased coughs, wheezing, eye irritation and foul smelling clothes and hair, unfortunately the list doesn't end there. Long-term exposure increases the risk of non-smokers developing vascular and heart diseases, lung cancer and respiratory disease.

Employers have a legal obligation to protect the health of their business and employees.

A survey from the UK found three million employees in the UK are regularly being exposed to second-hand smoke and as a result 700 workers are dying each year. This figure is three times the number of people who are killed through work related accidents (UK). The average number of workplace accidents is 230 per year. The hospitality trade, in which employees are regularly being exposed to vast amounts of second-hand smoke, has a worker die almost every week. This has been regarded a more dangerous trade the being either a police or fire officer.

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11. Smoking and your workforce
Smoking is the single greatest preventable risk to health and is responsible for more than 19,000 deaths in Australia each year, which is 1 in 7 of all adult deaths. More than 140,000 Australians are hospitalised because of smoking, and over 980,000 hospital patient bed days are occupied by smoking-related patients. This translates into heavy costs to businesses from the loss of productivity. Smoking is clearly bad for the workforce and costs the country $21 billion a year. That’s a significant proportion of taxation revenue. (source: http://www.ashaust.org.au) .
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12. Is ventilation an alternative to a smoke-free workplace?
Unfortunately installing ventilation systems do not remove all the harmful chemicals that are found in second-hand smoking. Increasing ventilation can dilute the smoke in a room, but will not make it safe since there is no known safe level of exposure to the carcinogens in cigarette smoke. Because there is no acceptable level of second-hand smoke, removing the source, the smoke, is the only solution.
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