Smoking in the Workplace

• Overview
• Code of Practice

Overview

There are a number of legislative provisions in the ACT relating to smoking at the workplace. These take the following forms:

1. direct bans on smoking in certain workplaces or in special circumstances, under specific provisions in various legislation; and
2. general duty of care covering all workplaces, where there is a statutory obligation on persons in control to ensure the workplace safety of workers.

This obligation has four main sources:

• Smoke-Free Public Places Act 2003
• Work Health and Safety Act 2011
• Workers Compensation Act 1951
• Common Law Liability.

Code of Practice

Under the Work Safety Act 2008 the Code of Practice for Smoke-Free Workplaces was approved in the ACT. This Code of Practice was not included in the suite of National Codes of Practice approved by Safe Work Australia for the Work Health and Safety Act 2011. However, information contained within this Code of Practice remains relevant as guidance for work health and safety duties under the WHS Act and you may still refer to it for guidance. Updated guidance material will be made available on the website shortly.

Work Safety (ACT Code of Practice for Smoke Free Workplaces) Code of Practice 2010