- employees may object to smoking
in the workplace in contravention of the Act without retaliation
of any kind;
- employees who do not want to be
exposed to tobacco smoke in the workplace are not so exposed;
- it is not a condition of
employment, expressly or implied, that any employee is required to
work in any portion of the workplace where smoking is permitted;
- employees are not required
to sign any indemnity for working in any portion of the workplace
where smoking is permitted;
- no person under the age of 18
years is present in any portion of the workplace where smoking is
permitted;
- prescribed signs are displayed
and shall make the prescribed public announcements in order to
inform any person who enters or is in such place or area of any
prohibition on smoking. The prescribed messages designating the
smoking and non-smoking areas must include the message,
SMOKING OF
TOBACCO PRODUCTS IS HARMFUL TO YOUR HEALTH AND TO THE HEALTH OF
CHILDREN, PREGNANT OR BREASTFEEDING WOMEN AND NON-SMOKERS. FOR
HELP TO QUIT PHONE (011) 720 3145
and the warning,
ANY PERSON WHO
FAILS TO COMPLY WITH THIS NOTICE SHALL BE PROSECUTED AND MAY BE
LIABLE TO A FINE
- employers must have a written
policy on smoking in the workplace and are also free to totally
prohibit smoking in the workplace; and
- any employee convicted of failing
to comply with the obligations imposed by the Act or its
regulations may be liable to a fine not exceeding R50 000.
Similarly, any employer so convicted is liable to a fine not
exceeding R100 000.
Employers should ensure compliance
with these provisions in order to avoid prosecution. Section 2(7)
of the Act incorporates into Section 2 of the Act, Sections 80 to
89 of the National Health Act, 2003 ("the NHA"). These sections
provide for the appointment of health officers whose duty it is to
monitor and enforce compliance with the NHA and, by its
incorporation, the Act.
Sections 80 - 89 of the NHA give
inspectors wide-ranging powers to, inter alia, inspect
premises, question any person that may have information relevant
to the inspection and request documentation. They are,
accordingly, entitled to request a copy of the smoking policy/ies
of the employer. Any person who unlawfully prevents entry into a
premises, obstructs or hinders a health officer, refuses to
provide a health officer with information, knowingly gives false
or misleading information to the health officer or fails to comply
with a compliance notice issued to him or her commits an offence
and is liable, on conviction, to a fine and/or to imprisonment not
exceeding 5 years.
