WORKPLACE SMOKING BAN POLICY
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- Millicent Mosley
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1 WORKPLACE SMOKING BAN POLICY Introduction: How to Use This Tool Having a smoking policy addresses the hazards of secondhand smoke to the health and well-being of your workforce. In most regions, it is legislated that smoking within the workplace is strictly prohibited, and there may be regulations about where and how close to the building people are allowed to smoke when outside, if they are allowed to smoke on company premises at all. Please consult any applicable legislation for details. This policy offers a framework for defining a Smoking policy. To use this template, fill in the blanks indicated by square brackets, and delete the introductory and explanatory text. Policy Title Smoking Policy Owner Human Resources Policy Approver(s) Insert title. Related Policies List related policies.
2 Related Procedures List related enterprise Storage Location Describe physical or digital location of copies of this policy. Effective Date List the date that this policy went into effect. Next Review Date List the date that this policy must undergo review and update. Purpose Secondhand smoke poses a number of health hazards to everyone, not just those who smoke. In consideration of the concerns and sensitivities of our employees, and to comply with [insert relevant legislation], [company name] enforces a no-smoking policy, and is committed to a smoke-free work environment. Scope This policy applies to all employees of [company name]. Governing Laws and Regulations Use this section to list the relevant laws and regulations. This document/template represents best practices only and does not ensure legal compliance. You may have additional obligations pursuant to the federal and/or provincial or territory laws and regulations applicable to your jurisdiction. Consult the applicable laws and legislation and review this policy with your legal counsel before implementation to ensure full legal compliance.
3 Note: Smoking is completely prohibited in workplaces in Ontario, Nova Scotia, Quebec, Manitoba, New Brunswick and British Columbia. Some provinces allow a separately ventilated room to be built in the workplace. Canada: Non-smokers' Health Act R.S.C. 1985, c. 15 (4th Supp.) Non-smokers' Health Regulations SOR /90-21 Provinces and Terriroties Ontario: The Smoke Free Ontario Act, 1994 Alberta: Tobacco Reduction Act (S.A. 2005, c. T-3.8 British Columbia: Workers Compensation Act, R.S.B.C. 1996, c. 492 and Occupational Health and Safety Regulation B.C. Reg. 296/97 Section 4.81, Controlling exposure and Section 4.82, Designated areas Manitoba: Non-smokers Health Protection Act, S.M , c. 41 Non-smokers Health Protection Regulation, Man. Reg. 174/2004 New Brunswick: Smoke-Free Places Act, 2005 S.N.B. 2004, c. S-9.5 General Regulation, N.B. Reg Newfoundland and Labrador: Smoke-free Environment Act, 2005, S.N.L. 2005, c. S-16.2 Smoke-free Environment Regulations, 2005 N.L.R. 54/05 NorthWest Territories: Under the Mine Health and Safety Act, S.N.W.T, 1994, c. 25, Environmental Tobacco Smoke Worksite Regulations, R
4 Nova Scotia: Under the Mine Health and Safety Act, S.N.W.T, 1994, c. 25, Smoke-free Places Act, S.N.S. 2002, c. 12 Smoke-free Places Regulations, N.S. Reg. 144/2002 Prince Edward Island: Smoke-free Places Act, S.P.E.I. 2002, c. S.4.2 General Regulations, EC Quebec: Tobacco Act, R.S.Q., c. T-0.01 Saskatchewan: Under the Occupational Health and Safety Act, 1993, R.S.S. 1993, c. O-1.1 Occupational Health and Safety Regulations, 1996 R.R.S., c. O-1, r. 1 Part VI, General Health Requirements, Section 77, Smoking Yukon: Smoke-free Places Act, S.Y. 2008, c. 8 Smoke-free Places Regulation, 2009, O.I.C. 2009/99 General Policy The use of any tobacco products and e-cigarettes in all [company name] workplaces/worksites is strictly forbidden. Smoking is also restricted in any company-owned equipment and/or vehicles. Employees are responsible for observing this policy, and [managers/supervisors] are responsible for ensuring awareness and compliance. The only places employees can smoke while on company premises are outside, in designated smoking areas. These areas will be indicated by signs and can be found: On the [X] side of the building. In areas that have a sign that states it is a designated smoking area. List any areas/examples of where employees are allowed to smoke on your premises, and any restrictions.
5 Any incidents of smoking in the workplace or other undesignated areas must be reported immediately to [manager/hr department]. Anyone found in violation of this policy will be subject to disciplinary action. Smoking by non-employees including customer, suppliers, patrons and the public is also prohibited on company property except in designated locations open to the public. Employees of [company name] have a right to work in a smoke free environment and as such it is company policy to enforce nonsmoking policies on members of the public who are patronizing [Company name} property. Visitors will be informed of this policy through signs. Visitors who violate this smoking ban policy will have the policy explained and be asked to comply. If they do not comply they will be asked to leave the company premises Signage and Notification Non-smoking signs will be placed at entrances to the company property and buildings and in company bathrooms. Smoking and Company Owned Equipment/Vehicles [If you have any equipment and/or company-owned vehicles for employee use, you may want to incorporate a note about smoking and the company s vehicles]. Smoking is strictly prohibited in any company-owned equipment and/or vehicles. Employees are also responsible for ensuring that passengers abide by the no-smoking policy. Any evidence of smoke or smoking in the vehicle may be grounds for disciplinary action.
6 Designated Smoking Areas: (If applicable) Designated smoking areas are clearly marked as such. Smoking is not allowed within x feet (10 meters) of any entrance to the [Company Name] buildings, windows, worksites, equipment or vehicles. Designated smoking areas are available in the following location(s): All materials used for smoking will be properly disposed of in containers. Smoking Breaks No specific smoking breaks are permitted. If employees require time away from work to smoke arrangements with a supervisor to adjust a work or break schedule may be made. Accommodation: Employees who need to smoke or require smoking breaks to accommodate health or a disability will need to provide supporting evidence in writing from a licensed medical professional. A plan to address these needs will be created on a case-by-case basis. Any plan must not expose other employees to smoking or second-hand smoke. Smoking Cessation Programs
7 [Company name] supports our employees to cease smoking by offering access to a Smoking Cessation programs as part of our employee benefits package. Agreement I have read and understand the Smoking Ban Policy. I understand that if I violate the rules explained herein, I may face legal or disciplinary action according to applicable laws or company policy. Employee Name Employee Signature Date
8
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