UNOFFICIAL OHS DATABASE
While there is no specific legislative reference bannng smoking in workplaces in NSW a combination of legislation and case law effectively makes for that prohibition. Employers who smoke, or allow workers to smoke, in the workplace risk heavy legal costs or fines.
Section 8 of the Occupational Health & Safety Act 2000 requires employers to ensure the health, safety and welfare of employees in the workplace. Exposure to passive smoking could be seen as coming under this section of the Act. Employers are expected to conduct risk assessments in all areas of their operations to ensure that employees are not exposed to health hazards in that workplace.
Resources:
· Passive smoking in the workplace (WorkCover NSW)
· Strategies to reduce the harmful consequences of passive smoking (Commonwealth Dept of Health)