Second-hand Smoke (ETS): Workplace Policy

Traditionally, smoking was not been allowed in situations that involve working with flammable, or explosive products. In these situations, smoking is not restricted to protect people from the health effects of second-hand smoke but rather to protect them from obvious fire and explosion hazards.

In other situations, smoking has been banned as a measure to prevent hand-to-mouth digestion of chemicals. Food, drink, and cigarettes are frequently contaminated by contact with unwashed hands, gloves or clothing, or by being left exposed in the workplace.

Since the early 1990s, however, health concerns about exposure to second-hand smoke have broadened legislation.

This document will cover issues related to smoking restrictions in the workplace including legal obligations and steps to take when instituting a workplace smoking policy. For general information about second-hand smoke (including e-cigarette vapour) and possible related health effects, please see the OSH Answers document Second-hand Smoke: General Information and Health Effects.

All Canadian jurisdictions have a formal law or regulation that restricts smoking and vaping in the workplace. 

Regulations are not the same from province to province so it is important to consult with your local authorities. A list of Canadian governmental occupational health and safety departments is available. 

A list of legislation about smoke free workplaces  is available.

Note: You can view the list of legislation for free.  Access to the actual legislation requires a subscription.

All jurisdictions have banned smoking and vaping inside an enclosed building entirely. Smoking is restricted in public buildings (including provincial government offices, including their outdoor property and parking lots) as well as many public places such as restaurants (including outdoor patios), parks, schools and school grounds, and the like.  Where smoking is permitted in a specific room or area, these areas must meet certain criteria in terms of the use of the room and ventilation.  Outdoor smoking areas must also meet certain criteria, especially in terms of location. 

Designated areas may be available inside some workplaces, such as prisons, group homes, or healthcare residences.  Requirements often include that the room be:

• clearly identified to the workforce by signs or other effective means
• provided with a separate, non-recirculating exhaust ventilation system
• structurally separated from other work or break areas
• equipped with ashtrays or non-combustible covered receptacles for the disposal of waste

Except in an emergency, an employer should not require a worker to enter an indoor area where smoking is permitted.

If outdoors, the area should not be by the entrances to the building where non-smokers have to pass by to enter the building. It should be a separate area which is away from the building's doorways, air intake ventilation, or windows.  A minimum distance of 3 metres or up to 9 metres must be maintained from the door, air intake, or window, depending on the jurisdiction.

To help those persons who wish to stop smoking, companies may offer or f access to cessation programs. 

Common elements of smoking or vapour cessation programs include:

• Self-help
• Professional medical advice
• Individual counselling
• Nicotine replacement therapy (NRT)
• Incentives including contests and special events

There are three basic approaches to cessation support the  in the workplace. The chart below compares the pros and cons of each approach. To achieve the highest success, all three approaches should be introduced with activities incorporated into a broader wellness initiative.

From: Health Canada, 2008. Smoking Cessation in the Workplace: A Guide to Helping Your Employees Quit Smoking.

Policy:

Due to the health and safety concerns from ignition sources (such as lit cigarettes) and exposure to second-hand smoke, ABC Company Inc. has instituted this policy to provide a smoke and vapour-free environment for all employees and visitors.

Definitions:

This policy covers the smoking of any tobacco product, the use of smokeless (spit) tobacco, and all electronic smoking devices.

Smoking or vaping is not allowed within the building at any time. Smoking and vaping is only allowed in designated smoking areas outside the building.

All materials used for smoking or vaping, including cigarette butts and matches, will be extinguished and disposed of in appropriate containers as provided. Supervisors will ensure periodic cleanups of the designated smoking area.

Smoking or vaping is not allowed in company vehicles at any time.

Supervisors will discuss the issue of smoking or vaping breaks with their staff. Together they will develop an effective solution that will not interfere with the productivity of the staff but allow for the wishes of the worker to be met.

Procedure:

Workers are informed of this policy through signs posted in buildings and vehicles, the policy manual, and will receive orientation and training from their supervisors.

Visitors will be informed of this policy through signs and it will be explained by their host.

The company will assist workers who wish to quit smoking by facilitating access to recommended smoking or vaping cessation programs and resources.

Any violations of this policy will be handled through standard disciplinary procedures.

* Adapted from: Making Your Workplace Smoke free: A Decision Maker's Guide by the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention.