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Guidance note

Appendix to the NOHSC guidance note on the elimination of environmental tobacco smoke

  1. Background
  2. Amendment to Section 7
  3. Enclosed public places

1. Background

In December 2003, the Western Australian Commission for Occupational Safety and Health adopted the National Occupational Health and Safety Commission's Guidance Note on the Elimination of Environmental Tobacco Smoke in the Workplace [NOHSC:3019(2003)] (available from Safe Work Australia) subject to a modification to Section 7 so that it complies with the requirements under the Western Australian occupational safety and health legislation.

2. Amendment to Section 7 (on Page 6)

The final sentence in Section 7 on Administrative Controls (in the column on the left hand side on Page 6) should be disregarded as it is incorrect under the requirements of the Western Australian Occupational Safety and Health Regulations 1996. The following sentence should be referred to instead:

Under the Western Australian Occupational Safety and Health Regulations 1996, employers, self-employed people and employees must not smoke in an enclosed workplace. (Regulation 3.44B)

3. Enclosed public places (e.g. hospitality venues)

For information on the legislative requirements for enclosed public places, refer to the Tobacco Products Control Regulations 2006. These regulations are available from the State Law Publisher.

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