While it's up to employers to decide if they'll allow smoking during work time, they can also lawfully enforce a smoke … It is responsible for killing 19,000 Australians a year and nine per cent of deaths resulting from a related disease. Smokers are people too! There is no specific entitlement to take smoke breaks under the Fair If an employee’s substance addiction is classified as a disability, an employee may be successful in an unfair dismissal claim for any dismissal based on that disability. Information related to coronavirus can be outdated very quickly. First of all, it’s important to remember that laws regulating smoking will vary from state to state. Smokers are banned by law from lighting up in the workplace, in pubs, at bus stops, on beaches, in taxis, in many publicly shared spaces and possibly even in their back garden or on their balconies if their smoke drifts into a neighbour’s home. I'm an Employer. Smokers have a right to smoke if that's what they choose to do, up to the point where their rights infringe on my right to not inhale deadly toxic chemicals. Phone: 1300 656 419 (local call) or 02 9284 9888 E-mail: infoservice@humanrights.gov.au. Because the law does not protect the right to smoke in the workplace, an employer may ban workplace smoking. WorkSafe Additionally, it’s against the law to toss a cigarette butt out of the car window in case it starts a fire and also because it’s classified as littering. We collect and store information about you. If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below. How Can Employers Comply with Contractors Obligations? What should you do if you think an indoor or outdoor smoking ban has been broken? Although this may not be considered fair or reasonable, it is not unlawful. The Bureau of Statistics says tobacco is the largest preventable cause of death and disease in Australia. Legally, people don’t have a right to take a smoke break at work, even outside the building. It is possible to lawfully dismiss an employee on the basis that they have breached your workplace’s smoking policy. Modern employment awards may also prescribe smoking breaks for particular industries or occupations. However, the lawfulness of such a dismissal depends on the facts and circumstances of the particular case. I'm an Employer. Your obligation as an employer to offer an employee rest or smoking breaks may arise on one of several grounds. Smokers working in smokefree workplaces were more likely to have smokefree homes than those in workplaces where smoking was allowed indoors, and smokers who lived in smokefree homes were more likely to have attempted to quit or want to quit. For example, some states impose outright bans on smoking at work, while others restrict smoking to certain areas in the workplace or a certain distance from work. NOTICE: This article is accurate as at the time of publication and does not constitute legal advice. In fact, courts have ruled that workers can be sacked for breaking no-smoking rules. It’s also illegal to smoke within four metres of the entrance to a public building. Your obligation as an employer to offer your employees smoking or rest breaks may arise under: However, a separate smoking break is not a specific entitlement at law. However, if an employee’s smoking habits can be classified as a disability, they may be successful in an unfair dismissal claim against their dismissal. However, most states take this a step further and actively require them to do so. Provider breached our Contract public transport cent over the phone, by email and through our website your... Extending its smoking ban and you ’ re in a world where one can! The issue of smokers rights at work never seems to go away, laws prohibit employers from employees. 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