Smoking at Work Draft Regulations

Three sets of draft regulations on smoke-free premises and vehicles, to be made under powers in the Health Bill, have been published for consultation. These are the:

  • Smoke-free (General Provisions) Regulations;
  • Smoke-free (Exemptions and Vehicles) Regulations; and
  • Smoke-free (Penalties and Discounted Amounts) Regulations.

Under the regulations, 50 per cent of an outside smoking area must be open. The consultation includes definitions of ‘enclosed’ and ‘substantially enclosed’, for the purposes of the legislation, and what constitutes a ‘roof’, as well as signage requirements for premises and vehicles and the intended level of penalties for offences.

Details are included of the operation of the law with regard to private dwellings that are also a workplace, hotels and other residential accommodation.

It is proposed that work vehicles that are used as a workplace by more than one person, regardless of whether they are in the vehicle at the same time, must be smoke-free at all times.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
  • Make an enquiry