Smoke-Free Areas Minimum Standard May, 2015 Contents 1 Executive Summary... 2 2 More Information... 2 3 Smoke-Free Area... 2 3.1 Public Health Act... 2 3.2 University by-laws... 2 3.3 Minimum Standard... 3 3.4 Designation of Smoke-free areas... 3 3.5 Designated smoking zones... 3 3.6 Penalties... 3 4 Responsibilities... 4 5 Glossary... 4 6 Versioning... 5 7 Appendices... 5 Responsible Officer Executive Director Human Resources Approved by Executive Director Human Resources Approved and commenced May, 2015 Review by May, 2017 Relevant Legislation, Ordinance, Rule and/or Governance Level Principle the Standard supports Responsible Organisational Unit University By-laws Public Health Act 1997 Work Health and Safety Act 2012 Work Health and Safety Smoke-Free Areas Minimum Standard (May, 2015) Page 1
1 Executive Summary This Minimum Standard applies to all University premises and workplaces including authorised vehicles, ships and vessels. 2 More Information For further information, contact the Work Health and Safety Unit Email: health.safety@utas.edu.au 3 Smoke-Free Area 3.1 Public Health Act Smoking is prohibited in accordance with the Public Health Act 1997 Tas (the Act) in the following areas: all smoke-free areas as defined in section 67B of the Act and all vehicles in accordance with the restrictions on smoking in vehicles as defined in Section 67(H) of the Act and any area occupied or controlled by the University and designated by the University as a smoke-free area in accordance with section 67B(1)c) of the Act. Smoke-free areas covered by the Act and applicable to University premises and activities include, but are not limited to: an enclosed workplace any area not within private premises designated by the occupier of the area as a smoke-free area at an outdoor sporting venue during an organised sporting event being held at that venue anywhere within 3 metres of an entrance to or exit from any non-domestic building or multiple-use building anywhere within 10 metres of any air intake for ventilation equipment on or in a multiple-use building or a non-domestic building anywhere in an outdoor dining area anywhere within 3 metres of an outdoor dining area that is not surrounded by a screen, or other barrier, that is at least 2.1 metres high and impervious to smoke anywhere within 3 metres of a bus shelter on a public street. Additional information is available from Department of Health and Human Services (DHHS) Tobacco Control 3.2 University by-laws In accordance with the University By-laws 1993 Part II (General Provisions Relating to the Management of University Land) Section 8 Part 1, smoking is prohibited in the following areas: Smoke-Free Areas Minimum Standard (May, 2015) Page 2
1). all smoke free areas as defined in section 67B of the Public Health Act 1997 (Tas) and 2). all University vehicles and 3). the Medical Science Precinct bounded by Liverpool Street, Campbell Street, Bathurst Street and the Brooker Highway in Hobart, including car parks servicing the Medical Science Precinct and 4). those areas occupied or controlled by the University and designated by the University as smoke free areas. 3.3 Minimum Standard In accordance with the Act and the University By-laws, any other area designated by the University as a non-smoking area are those areas occupied or controlled by the University and designated by the University in this Minimum Standard as smoke free areas and include any area where smoking is prohibited. These areas include (without limitation): all University campuses, precincts or properties owned or controlled by the University, including all buildings occupied by the University and their grounds; all University vehicles any area within 10 metres of any window, entrance to or exit from any University building, or air intake for ventilation equipment on or in a University building any area within 3 metres of any window, entrance to or exit from any University Accommodation Services building, or air intake for ventilation equipment on or in a University Accommodation Services building any personal living area of any University place providing accommodation for a fee all University ships and vessels, including any open deck area, unless otherwise designated outdoor sports grounds while a sporting event is being conducted any other area designated by the University as a non-smoking area. 3.4 Designation of Smoke-free areas In accordance with the Public Health Act 1997 additional areas may be made smokefree voluntarily by the University. Smoke free areas are designated in accordance with the University By-laws Changes to the designation of smoke free areas will be considered by the Work Health and Safety Committee and reported to the University s senior management for approval. Approved changes are recorded in Smoke-Free Area Minimum Standard. 3.5 Designated smoking zones The University may establish designated smoking zones within a smoke-free campus. 3.6 Penalties The University prohibits smoking in all smoke free areas. The University By-laws provide for a fine to be issued to a person who contravenes a provision of the By-laws. Smoke-Free Areas Minimum Standard (May, 2015) Page 3
One penalty unit equates to $120. The relevant clauses from the by-laws are as follows; 4 Responsibilities 20 A person who contravenes or fails to comply with a provision of these bylaws that is applicable to that person, or who contravenes or fails to comply with any direction to that person given pursuant to these by-laws, is guilty of an offence. 21 A person who commits an offence against these by-laws is liable on summary conviction to a fine not exceeding five penalty units. Managers/Supervisors are responsible for: Inform workers under their control, management or direction of this Minimum Standard and of relevant smoke-free areas Inform any person smoking in a smoke-free area that they are committing an offence in accordance with the Public Health Act 1997 and are in breach of the University s by-laws. They are to be requested to cease smoking Any person failing to cease smoking in a smoke-free area when requested to do so, report to Security as soon as practicable. In the case of incidents involving staff members disciplinary action may be taken in accordance with the University s Academic and Professional Staff Agreements Workers are not to smoke in smoke-free areas. Drivers of authorised vehicles are not to permit any smoking in an authorised vehicle at any time. Infrastructure Services Development (ISD) provide signage for designated smoke free areas where appropriate. 5 Glossary Term/Acronym Academic Unit College Definition Means the secondary organisational unit in the academic structure of the University, reporting directly to the College Executive Deans, as per Ordinance 14 Academic Structure. Means (a) the primary organisational unit in the academic structure of the University, as per Ordinance 14 Academic Structure (b) the University College Executive Dean Means: (a) the Executive Dean of the relevant College, or Smoke-Free Areas Minimum Standard (May, 2015) Page 4
(b) in relation to the University College, the Principal of the University College Head of Academic Unit Means the head of the relevant Academic Unit Manager/Supervisor Worker Authorised Vehicle Officer Other person An individual, who assumes responsibility for the health or safety of any other person in a workplace by providing instruction, direction, assistance, advice or service, (which includes those with responsibility for students). This includes any person who is responsible for the management or control of the relevant place at which work is undertaken. A staff member, student, contractor or volunteer. A vehicle that is supplied by the University to a worker from the University s car pool, vehicles hired from agencies external to the University or private vehicles authorised for use for official University business. Members of Council, Executive Deans, Heads of Academic Units,Heads of Divisions and Sections and Members of Boards having strategic management responsibility are considered to be Officers pursuant to Section 27 of the WHS Act 2012. A person who is not a worker under the Act; typically a member of the public or a visitor on a University owned or controlled site. 6 Versioning Former Version Version 1 Version 2 Smoke Free Area Policy; Approved September, 2002 ; by WHS Committee Smoke-Free Area Minimum Standard; approved May 2015 Current Version Version 3 Smoke Free Area Minimum Standard; approved May 2015, amended December 2017 to incorporate the finalisation of academic structures and the change of nomenclature for Commercial Services and Development. 7 Appendices Appendix 1: Public Health Act 1997 and Work Health and Safety Act 2012 Smoke-Free Areas Minimum Standard (May, 2015) Page 5
Appendix 1: Public Health Act and Work Health and Safety Act 1997 In Tasmania, the Public Health Act 1997 requires enclosed public places to be smoke-free. The definition of smoke-free areas can be found in Section 67B of the Act. Smoke-Free Areas in Tasmania Public buildings inside workplaces and public places within three metres of an entry or exit to a public building within 10 metres of air intakes for ventilation equipment for public buildings. Outdoor dining areas Cars in an outdoor dining area, at times when food can be eaten (ie during meal times) within three metres of an outdoor dining area, unless it is surrounded by a tall barrier. with a child (under 18 years of age) in a car in a work car when two or more people are present. Bus malls and shelters in bus malls and within three metres of a bus shelter. Pedestrians malls in pedestrian malls. Recreational facilities within 20 metres of competition and seating areas at organised sporting events between the flags at patrolled beaches at public swimming pools within 10 metres of equipment at children s playgrounds. Additional areas may be made smoke-free voluntarily by their occupiers. The Director of Public Health may also declare some public events as smoke-free. Penalties Apply Offenders risk an on-the-spot fine or prosecution if they smoke in a smoke-free area. Tobacco Control Officers enforce smoke-free areas, monitor compliance with tobacco laws and will respond to all complaints and enquiries. Signage Signage approved by the Director of Public Health must be displayed to ensure members of the public are aware an area is smoke-free. Signage must be clearly legible and adequately convey the smoke-free requirements. Further information is available from department of Health and Human Services at: http://www.dhhs.tas.gov.au/peh/tobacco_control Work Health and Safety Act 2012 Smoke-Free Areas Minimum Standard (May, 2015) Page 6
A main objective of the Work Health and Safety Act 2012 is protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks. In order to comply with the Act, the University is to ensure that staff, students, volunteers and other persons are not exposed to passive smoking. Further information is available from WorkSafe Tasmania at: http://worksafe.tas.gov.au/industry_and_safety/advisors/wellbeing_advisors/wellbeing_resour ces/simple_guide_resources Smoke-Free Areas Minimum Standard (May, 2015) Page 7