With the popularity of vaping, it is important that you are aware of your obligations under the Smokefree Environments and Regulated Products Act 1990 (the Act). The Act requires all internal areas of workplaces to be smoke and vape free.
Clearly informing your employees
You must take all reasonable steps to inform your employees that you are a smokefree workplace. You can do this by:
- Prominently displaying smoke and vape free signs throughout your workplace
- Having a smokefree at work policy — see our ‘House Rules’ workplace policy template
- Referencing your smokefree at work policy in your recruitment processes
- Training managers on what to do if someone does smoke or vape at work
- Clearly communicating and identifying the designated area for employees to smoke or vape.
Work vehicles
Smoking or vaping may be permitted in a work vehicle if:
- Members of the public do not normally have access to the work vehicle
- You have the written consent of all regular users of the work vehicle that they are comfortable with this. Please note that consent can be revoked at any time.
See our template
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Template: House Rules$125.00
Complaints and infringement notices
If you receive a workplace smoking complaint, you need to address this within 20 days of receiving the complaint. If the complaint is in relation to an employee, an investigation into the complaint should be carried out.
Unresolved workplace smoking complaints need to be reported to the Ministry of Health. Employers who fail to do so can be fined up to $1000.
Failing to take ‘all reasonably practicable steps’ to ensure that nobody smokes or vapes in the workplace may result in you being liable for a fine of up to $4000.
If you have any questions, contact our Advice Service on 0800 472 472 (1800 128 086 from Australia) or email [email protected].
