It is very important that there is no right anywhere in any law, to smoke. Smoking is not a right. Smoking is a choice. Sometimes that choice is made, not by free will, but by influence of advertising and peer pressure. Sadly, that choice is quickly removed and replaced by an addiction to nicotine. The right which we all have is essentially the right to clean air. Section 24 of our Constitution gives us the right to “An environment that is not harmful to our health or wellbeing . . . . .”
People who smoke have the same rights as all people, but smoking is not one of them. Indeed once they exercise their right to choose to smoke, that right is limited or restricted by an Act of parliament. They are further bound by our Constitution to protect everyone’s right to clean air.
When the Tobacco Products Control Amendment Act (Act no. 12 of 1999) came into force on 1 January 2001, many employers simply banned smoking in the workplace and left it there. Whether you choose to employ smokers or not to employ smokers is a policy matter. You might choose to employ only non-smokers. The policy however has nothing to do with whether or not management or the owner smokes.
Today, employers generally sway between not wanting to employ smokers (usually if management are non-smokers) or wanting to employ smokers (if management are smokers and reluctant to make their environments smoke free).
However, law prohibits smoking in the workplace. Either way, employers do need to consider the effect that the tobacco control laws have on productivity. The reality is that only 22% of adults smoke.
- Productivity increases when there is no smoking in the workplace.
- Smokers smoke fewer cigarettes.
- More people quit smoking.
- Both smokers and non-smokers take fewer sick days.
Non-smokers previously got sick because of their exposure to tobacco smoke pollution. In the past, staff would sit at their desks and have a smoke, or pop outside for a few minutes. Now companies may make designated smoking areas. This is a choice as you can also decide to go totally smoke free and smokers must go outside to smoke. Either way it means that staff have a more “social” place to escape to for a smoke, which in turn means disruption to work and leaves desks and phones unattended. The solution to the problem is two fold.
Companies must have a written policy on smoking and need to build into their Company Policy and Procedures guidelines on how many times a day and how much time an employee may spend on smoke breaks. This is a management decision for policy and is not stipulated in the tobacco control law. Employers pay a salary for labour (time worked). Employees are not paid to smoke.
What is a Policy?
A policy is a formal, written statement of what action is to be taken, why it is being taken, and how it will be taken. The objective of a smoke-free workplace policy is to establish a healthy, smoke-free environment for all employees. The policy should be brief, consistent with the objective and clearly written in specific behavioural terms. The law requires that since 1 April 2001 employers to have a written policy on smoking. The policy should incorporate the disciplinary procedures for failure to comply, as stipulated in the Labour Relations Act and the Basic Conditions of Employment Act. The Act places a binding obligation on employers to protect employees who want to be protected from tobacco smoke and to allow employees to object to tobacco smoke in the workplace “without retaliation of any kind”.It cannot be a condition of employment that an employee will work in a smoking area and an employer cannot require and employee to sign an indemnity.
Benefits of a Smoke-Free Policy
A smoke-free policy has advantages for smoking and non-smoking employees, including: -
- Improved work environment: A healthier, cleaner, safer and more pleasant working environment is created.
- Better health: Non-smokers are no longer exposed to the harmful effects of tobacco smoke pollution. It also provides an opportunity for smokers to cut down or quit smoking.
- Improved morale: Working relationships are improved as there is a reduction or removal of tension between smokers and non-smokers
- Increased health awareness: Awareness of the health risks of smoking is raisen
- Increased productivity
- Less absenteeism
- Lower cleaning costs
- Customer and supplier satisfaction is improved as the vast majority do not smoke and do not like being with you if the are exposed to tobacco smoke pollution