The Tobacco Products and Electronic Delivery Systems Control Bill represents a significant milestone in South Africa's public health strategy, introducing comprehensive regulations designed to protect workers from the harmful effects of tobacco and electronic nicotine delivery systems.
Scope of Smoking Restrictions
The Bill establishes extensive smoking prohibitions across various workplace and public settings:
Prohibited Smoking Areas
Enclosed workplaces (including corridors, lobbies, stairwells, elevators, cafeterias, washrooms, and common areas)
Areas within prescribed distances from windows, ventilation inlets, entrances, and exits
Public transportation
Company and work-related vehicles
Shared common areas of multi-unit residential buildings
Private residences used for work purposes
Employer Responsibilities
Employers have critical obligations to ensure a smoke-free workplace:
Non-Smoking Zone Management
Designate and clearly mark outdoor spaces where smoking is prohibited
Ensure no smoking occurs in restricted areas
Display clear, visible signage outlining smoking restrictions
Employee Protection
Cannot make working in smoking-permitted areas a condition of employment
Protect employees who object to smoking violations from retaliation
Prevent smoke exposure for all workers
Policy Implementation
Review and update workplace policies
Train management on new regulations
Create designated outdoor smoking areas if necessary
Develop clear communication about smoking restrictions
Employee Rights and Protections
Employees are granted significant protections under the new legislation:
Right to Object
Can raise concerns about smoking without fear of retaliation
Cannot be required to work in areas with smoke exposure
Workplace Safety
Protections extend to both permanent and temporary workers
Employers must ensure a smoke-free work environment
Implications for Different Workplace Settings
Multi-Unit Residential Workplaces
Shared spaces in residential buildings used for work are now subject to strict smoking controls, protecting both residents and workers.
Vehicles and Mobile Workspaces
Work-related transportation, including pool vehicles, must maintain smoke-free environments during work hours.
Creating a Culture of Health and Respect
The Bill aims to foster:
Improved workplace air quality
Reduced health risks for non-smokers
A more inclusive and health-conscious work environment
Penalties and Enforcement
The Bill wants a total ban on the display of tobacco products at points of sale, like shopping counters, and a ban on the sale of vaping or e-cigarettes at vending machines.
Tobacco products will also no longer be sold or distributed online through postal services or couriers. Packaging for products like cigarettes will be managed and regulated to include graphic health warnings and pictorials.
Public places and workplaces will introduce 100% smoke-free areas, with smokers also banned from smoking in the presence of children or disturbing neighbours with tobacco products in their private dwellings, according to the Bill.
Currently, designated smoking areas are limited to 25% of an establishment and should include a solid partition between the area and proper ventilation.
Penalties would be subject to regulations published by the Minister of Health.
According to the Bill, however, the proposals include the following:
People smoking in non-smoking areas, including public places, near windows or in private dwellings where smoke interferes with their neighbours, could face a fine and/ or three months in prison.
People smoking in the presence of a non-smoker or child in a public area or a car, could face a fine and/or imprisonment of up to three months.
Businesses allowing a child to buy or sell any tobacco product could face a fine and/or up to 15 years of imprisonment.
Employers whose employees are forced to be subjected to smoke and cannot work due to the exposure could face a fine and/or up to 10 years behind bars.
Businesses who offend any tobacco advertisement laws could also face a fine and/or up to 10 years of imprisonment.
Last, manufacturers and importers of tobacco products who do not comply with any regulations related to tobacco products or manufacturing standards could also face fines and/or a maximum of 20 years' imprisonment.
In conclusion, the Tobacco Products and Electronic Delivery Systems Control Bill is more than a set of restrictions—it's a progressive step towards creating healthier, safer workplaces that prioritize employee well-being.
Key Recommendations:
Proactively communicate new policies
Provide support for employees wishing to quit smoking
Collaborate to maintain a smoke-free workplace
Businesses and employees must work together to understand and implement these regulations, ensuring compliance and fostering a culture of health and mutual respect.
Draft Workplace Tobacco and Electronic Delivery Systems Policy
1. Purpose
This policy is designed to:
Protect the health and well-being of all employees
Comply with the Tobacco Products and Electronic Delivery Systems Control Bill
Create a safe and healthy work environment
Promote a culture of wellness and respect
2. Scope
This policy applies to:
All employees, contractors, visitors, and temporary workers
All company-owned or leased properties
Company vehicles
Work-related events and activities
3. Smoking and Tobacco Use Restrictions
3.1 Prohibited Areas
Smoking and the use of tobacco or electronic nicotine delivery systems are strictly prohibited in:
All indoor work areas
Corridors, lobbies, stairwells, and elevators
Cafeterias, break rooms, and common areas
Restrooms and washroom facilities
Within 5 meters of windows, ventilation inlets, entrances, and exits
Company vehicles
During work-related travel or meetings
Outdoor areas designated as non-smoking
3.2 Designated Smoking Areas
Limited outdoor areas may be designated for smoking
These areas must be:
Located away from building entrances, windows, and ventilation systems
Clearly marked and separated from non-smoking areas
Not interfere with work activities or employee movements
4. Employee Rights and Responsibilities
4.1 Employee Rights
Right to a smoke-free work environment
Protection from retaliation when reporting smoking violations
Cannot be compelled to work in areas with smoke exposure
4.2 Employee Responsibilities
Comply with smoking restrictions
Respect designated smoking and non-smoking areas
Support colleagues in maintaining a healthy work environment
Dispose of smoking materials properly
5. Employer Obligations
5.1 Policy Implementation
Display clear signage about smoking restrictions
Provide training on policy requirements
Ensure consistent enforcement
Maintain designated smoking areas (if applicable)
5.2 Support for Tobacco Cessation
Provide information about smoking cessation resources
Offer or facilitate access to:
Counselling services
Nicotine replacement therapy information
Wellness program support
6. Enforcement and Consequences
6.1 First Violation
Verbal warning
Written explanation of policy
Mandatory review of smoking restrictions
6.2 Subsequent Violations
Written warning
Potential disciplinary action
Mandatory participation in cessation support program
6.3 Repeated Non-Compliance
Final written warning
Potential suspension
Disciplinary hearing
7. Visitors and Contractors
All visitors and contractors must adhere to this policy
Hosts are responsible for communicating policy requirements
Repeat violations may result in restricted access to company premises
8. Policy Review and Updates
Policy will be reviewed annually
Employees will be notified of any changes
Feedback and suggestions are welcome
9. Acknowledgment
All employees must:
Read the entire policy
Sign an acknowledgment form
Commit to maintaining a healthy workplace
10. Contact Information
For questions or concerns:
Management
[Insert Contact Name]
[Insert Phone Number]
[Insert Email Address]
Employee Acknowledgment
I, ________________________ (print name), have read, understood, and agree to comply with the Workplace Tobacco and Electronic Delivery Systems Policy.
Signature: ________________ Date: ____________________
