Smoke-free Environment Policy

Document Number	000329

1. Commitment

The University of Newcastle is committed to ensuring the health, safety and welfare of its employees whilst at work and its students and visitors while on campus.

The University has adopted the following principles:

all employees and students are entitled to a smoke free workplace;
smoking is prohibited, at all times and without exception in all University buildings and vehicles;
the prohibition on smoking on premises specifically includes all offices irrespective of the number of occupants or the wishes of the occupant(s).

2. Objective

The objective of this policy is to establish a healthy environment at the University of Newcastle by eliminating exposure to smoke or passive smoke on University occupied premises. The University has an obligation to comply with the requirements of the Occupational Health and Safety Act, 2000 and the New South Wales Smoke-free Environment Act, 2000 (See The University of Newcastle, Smoke-free Environment Policy, Appendix 1, Legislative Framework).

3. Scope

3.1. Smoke Free Workplace

Smoking in any outdoor area of the University, including all locations leased or controlled by the University is subject to the following restrictions:

it must not be adjacent to the entrances and exits of buildings;
it must not be adjacent to any windows or intakes for air-conditioning plant;
it must not be on any balconies which are part of a University building;
it must not be on any structures that form part of a building or connects buildings;
smoking by-products such as cigarettes, butts and matches are not to be discarded as litter in any area on the campus.

3.2. Adjacent to Building

Adjacent to a building means the smoking activity is not carried on within three metres of the walls of the building or of any overhanging part of the building or in the physical proximity of the building which:

may require people using the entrance to pass through the smoke emission;
may result in the smoke entering the building through doors, windows or ventilation systems.

3.3. Fire Hazard

Smoking in premises is recognised to be a serious fire hazard. Smoking is not permitted in or adjacent to any outdoor area where there are combustibles or flammable liquids stored.

3.4. Buildings

The University’s Smoke–free Environment Policy applies to the Halls of Residence. University of Newcastle organisational units which occupy, in part, buildings which are owned or operated by another organisation need to comply with the non-smoking policy of that organisation. In the absence of such a policy or if it is less stringent than the University of Newcastle policy then the latter shall apply.

4. Responsibilities

4.1. Employees

Each employee on accepting an offer of employment is subject to the rules and
regulations of the University of Newcastle. The University therefore has an expectation
that employees will comply with this policy.

4.2. Supervisor

The University has an expectation of its supervisors that they will ensure

employees are aware of this policy;
employees comply with this policy; and
appropriate action is taken if non compliance with the policy occurs.

Employers have a responsibility under Section 8 of the Occupational Health and Safety Act, 2000 to ensure the health, safety and welfare of employees under their supervision whilst at work. They, therefore, have the authority under this Act to promote compliance with this policy within their workplace.

4.3. Student

Each student as part of the enrolment procedure, agrees (by means of a signed undertaking) to comply with the Rules and Regulations of the University of Newcastle.

4.4. Visitors

The right of the visitor to enter and remain on University premises or in University vehicles is qualified by the obligation to abide by relevant University rules and policies and lawful directions of authorised University officials.

4.5. Health and Safety Team

The Health and Safety Team will monitor the effectiveness of this policy.

5. 0 Enforcement of the Policy

5.1. Particular attention will be given to ensure that:

all employees and students are fully aware of the policy;
all employees, students and visitors adhere to the policy;
management is aware of its responsibility to ensure the policy is enforced;
complaints with regard to alleged breaches of the policy are dealt with in an expeditious and effective manner;
it is, in the first instance, the responsibility of managers to seek to resolve any breaches of the policy;
any breach of the smoking policy will be dealt with in accordance with the the student disciplinary process or misconduct/serious misconduct processes.

5.2. In enforcing the policy it is recognised that there are particular sensitivities reflecting a wide range of individual attitudes towards smoking.

5.3. While recognising the need for sensitivity with regard to the enforcement of a smoke free workplace policy the University is obligated in law to protect employees, students and visitors from the hazards associated with involuntary passive smoking.

6. Compliance

Those supervisors who are entrusted with the implementation of this policy are encouraged to refer to the Guidelines for Implementation which are attached.

6.1. Employees

The University has an expectation that employees will comply with this policy. Wilful disregard of this policy will be dealt with in the following way:

On the first occasion of disregard of this policy by an employee the matter will be referred to the employee's supervisor who will counsel the employee.
The second occasion of disregard of this policy by an employee will be dealt with in accordance with the misconduct/serious misconduct processes.

6.2. Students

The University expects that students will comply with this policy. Disregard of this policy will be dealt with in the following way:

On the first occasion of disregard of this policy by a student the matter will be referred to the Pro Vice-Chancellor of the Faculty who will counsel the student.
On the second occasion of disregard of this policy by a student, the student will be subject to appropriate disciplinary action.

6.3. Contractors and Visitors

The University has an expectation that all contractors and visitors will comply with this policy.

Disregard of this policy will be dealt with in the following way:

On the first occasion of disregard of this policy by a contractor or visitor the matter will be referred to the person supervising the contractor or visitor who will counsel the contractor or visitor.
On the second occasion of disregard of this policy by the contractor or visitor, the supervisor will direct the person to leave the University premises.

6.4. External Inspectors

Under the NSW Smoke-free Environment Act, 2000 external inspectors have been appointed by the Director-General who have the authority to enter premises and collect information on breaches of the Act and Regulations and can also require any person smoking in a smoke-free area to stop smoking. Under the Act monetary penalties are enforceable by the external inspectors for:

individuals smoking in a smoke-free area
occupiers who allow a person to smoke in a smoke-free area and failure to display adequate signage
occupiers who fail to prevent the spread of smoke from a smoking to a smoke-free area.

External inspectors, appointed by the Director-General have the authority under the Smoke-free Environment Act to enter the University and prosecute individuals and occupiers who breach the Act.

7. Non-Compliance with the Policy

Employees who are concerned about non-compliance with the policy should approach their supervisor in the first instance. If this does not result in resolution of the problem employees may contact the Human Resource Management Branch or Risk Management Office who can advise the relevant supervisor of the requirements of the policy.

8. Assistance to Smokers Adjusting to the Policy

8.1. Smoking Cessation Programs

The University will sponsor smoking cessation courses for any employee and provide information on courses available outside working hours.

8.2. Counselling

It is recognised that changes being made may create substantial difficulty for some smokers. Any employee can see a counsellor from the University Counselling Service for assistance in coping with adjusting their smoking habits to meet the University policy.

9. Information Dissemination

A copy of the smoke-free environment policy will be distributed to all employees and made available to students through student publications.
Advertisements for vacant positions will carry advice as to the University's Smoke-free Environment Policy and such advice will be included with other information sent to job applicants.
Contracts let for work at the University are to refer to the University's Smoke-free Environment Policy.

10.0. Health and Safety Team's Role

The role of the Health and Safety Team with regard to the Smoke Free-Environment Policy is to:

liaise with management and employees to promote a smoke-free workplace environment;
on request from the Head of Unit, provide advice on the resolution of complaints;
to advise the Heads of Units of any complaints made alleging breaches of the policy;
as part of the Occupational Health and Safety Training and Development Program to present, subject to demand, ‘QUIT’ programs for employees;
liaise with the student body representatives to promote 'QUIT' programs targeted at students.

11. Review

The policy is to be reviewed at the Occupational Health and Safety Committee meeting in March 2002.

Appendix 1 - Smoke-free Environment Policy

Legislative Framework

The University has certain obligations and responsibilities to its employees and to other persons on its premises under State law, in particular, the Occupational Health and Safety Act 2000 (Assented to 26 June 2000), and the Smoke-free Environment Act 2000 (Assented to 31 August 2000).

The Objects of the Occupational Health and Safety Act 2000 (Section 3, Objects) include:

to secure and promote the health, safety and welfare of people at work,
to protect people at a place of work against risks to health or safety arising out of the activities of persons at work,
to promote a safe and healthy work environment for people at work that protects them from injury and illness and that is adapted to their physiological and psychological needs,

The general duties of employers under the Act (Section 8, Duties of Employers) include:

An employer must ensure the health, safety and welfare at work of all the employees of the employer.

That duty extends (without limitation) to the following:

ensuring that any premises controlled by the employer where the employees work (and the means of access to or exit from the premises) are safe and without risks to health,
ensuring that any plant or substance provided for use by the employees at work is safe and without risks to health when properly used,
ensuring that systems of work and the working environment of the employees are safe and without risks to health,
providing such information, instruction, training and supervision as may be necessary to ensure the employees' health and safety at work,
providing adequate facilities for the welfare of the employees at work.

In relation to other persons in the workplace(Section 8.2):

An employer must ensure that people (other than the employees of the employer) are not exposed to risks to their health or safety arising from the conduct of the employer's undertaking while they are at the employer's place of work.

The Act defines premises thus:

premises includes any place, and in particular includes:

any land, building or part of any building, or
any vehicle, vessel or aircraft, or
any installation on land, on the bed of any waters or floating on any waters, or
any tent or movable structure.

The Smoke-free Environment Act 2000 is an Act to regulate smoking in enclosed public places. The

Act defines the following:

enclosed, in relation to a public place, means having a ceiling or roof and, except for doors and passageways, completely or substantially enclosed, whether permanently or temporarily.

public place means a place or vehicle that the public, or a section of the public, is entitled to use or that is open to, or is being used by, the public or a section of the public (whether on payment of money, by virtue of membership of a club or other body, or otherwise)
smoke means smoke, hold or otherwise have control over, an ignited smoking product.
smoke-free area has the meaning given by section 6 (of the Act).
smoking product means any tobacco or other product that is intended to be smoked.
vehicle means a train, bus, tram, aeroplane, taxi or hire car, or ferry or other vessel.

The Act, Part 2, provides for a prohibition on smoking in smoke-free areas.

6. Smoke-free area

In this Act, smoke-free area means any enclosed public place, but does not include
exempt premises.
Without limiting the generality of subsection (1), smoke-free area includes any place, or
part of a place, of a kind described in Schedule 1 that is an enclosed public place (irrespective of the name by which the particular place is known).

Schedule 1 Examples of places that are smoke-free if they are enclosed public places (Section 6)

Shopping centres, malls and plazas
Restaurants, cafes, cafeterias, dining areas and other eating places
Schools, colleges and universities
Professional, trade, commercial and other business premises
Community centres or halls and places of public worship
Theatres, cinemas, libraries and galleries
Trains, buses, trams, aeroplanes, taxis and hire cars, and ferries and other vessels
Common areas in hostels
Common areas in motels
Fitness centres, bowling alleys and other sporting and recreational facilities
Childcare facilities
Hospitals

7. Offence of smoking in smoke-free area

A person must not smoke in a smoke-free area.

8. Occupier not to allow smoking in smoke-free area

If a person smokes in a smoke-free area in contravention of section 7, the occupier of the smoke-free area is guilty of an offence.

9. Occupier to display signs

The occupier of a smoke-free area must not fail to display within that area the signs (if any) prescribed by the regulations, in the manner (if any) prescribed by the regulations.

Smoke-free Environment Regulation 2000

4. Signs displayed in smoke-free zones

For the purposes of section 9 (1) of the Act, signs that are clearly legible and contain:
1. the smoking prohibited symbol with a diameter of at least 90 mm, and
2. the words ``NO SMOKING'' in letters of at least 20 mm in height, and
3. a reference to the name of the Act, and
4. the words ``Penalties may apply'', are prescribed.
For the purposes of section 9 (1) of the Act, the prescribed manner of displaying signs within a smoke-free area is:
1. in such numbers, and
2. in positions of such prominence, that they are likely to be seen by a person at a public entrance to, or within, the area.
In this clause:
1. smoking prohibited symbol means the symbol designated in Australian Standard
  2899.1—1986 to indicate where smoking is prohibited.

10. Duty to prevent spread of smoke

If a smoke-free area forms a part of premises in which smoking is elsewhere allowed, the
occupier of the smoke-free area must take reasonable steps to prevent smoke caused by
smoking in the other parts of those premises from penetrating the smoke-free area.

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