LANGUAGE
Last updated: September 26th 2017

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

In private workplaces, smoking areas may be designated except in places enumerated where smoking is prohibited like gas stations, elevators, food preparation areas, hospitals, health centers, dispensaries, laboratories, schools, playgrounds, centers of youth activity, recreational facilities, and places frequented by minors.

In government workplaces, all indoor workplaces are smoke free. Smoking areas may be designated in outdoor spaces.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and, therefore, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces be 100% smoke free.

All indoor public places

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in only specific enumerated public places like gas stations, elevators, food preparation areas, hospitals, health centers, dispensaries, laboratories, schools, playgrounds, centers of youth activity, recreational facilities, and places frequented by minors. Other public places are permitted to establish designated smoking areas.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places and, therefore, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces be 100% smoke free.

All public transport

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Government facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Pursuant to Civil Service Commission Memorandum Circular No. 17, series of 2009, all government workplaces are now smoke free (effective May 29, 2009). The Circular prohibits smoking in or on the premises, buildings, and grounds of government agencies providing health education and/or social welfare and development services such as hospitals, health centers, schools and universities, colleges, and others (applies to indoor and outdoor areas of these agencies).

Where government facilities would not be considered to fall under one of these places, smoking is prohibited except in outdoor designated smoking areas that have specific restrictions as to size, location, and number.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor government facilities.

Hospitals

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in public places except in designated smoking areas. However, certain types of public places are not permitted to have designated smoking areas, including "buildings and premises of public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories." Therefore, smoking is prohibited in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hospitals.

Residential healthcare facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in public places except in designated smoking areas. However, certain types of public places are not permitted to have designated smoking areas, including "buildings and premises of public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories." Therefore, smoking is prohibited in public areas of residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of residential healthcare facilities.

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in public places except in designated smoking areas. However, certain types of public places are not permitted to have designated smoking areas, including "buildings and premises of public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories." Therefore, smoking is prohibited in non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in non-residential healthcare facilities.

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in public places except in designated smoking areas. However, certain types of public places are not permitted to have designated smoking areas, including "playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for minors." "Playschools" are interpreted as including childcare facilities and preschools. Therefore, smoking is prohibited in childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in childcare facilities and preschools.

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in public places except in designated smoking areas. However, certain types of public places are not permitted to have designated smoking areas, including "playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for minors." Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in primary and secondary schools.

Universities/vocational facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in public places except in designated smoking areas. However, certain types of public places are not permitted to have designated smoking areas, including "playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for minors." Therefore, smoking is prohibited in universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in universities and vocational facilities.

Shops

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). Certain types of public places are not permitted to have DSAs; however, shops are not among those places. Therefore, DSAs are allowed. A DSA must meet location and design specifications set out in Section 4 of E.O. No. 26.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and, therefore, does not provide effective or universal protection against tobacco smoke exposure in stores. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including shops.

Cultural facilities

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). Certain types of public places are not permitted to have DSAs; however, cultural facilities are not among those places. Therefore, DSAs are allowed. A DSA must meet location and design specifications set out in Section 4 of E.O. No. 26.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and, therefore, does not provide effective or universal protection against tobacco smoke exposure in stores. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including cultural facilities.

Indoor stadium/arenas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). Certain types of public places are not permitted to have DSAs; however, indoor stadiums and arenas are not among those places. Therefore, DSAs are allowed. A DSA must meet location and design specifications set out in Section 4 of E.O. No. 26.

Recreational facilities for minors, however, must be 100% smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and, therefore, does not provide effective or universal protection against tobacco smoke exposure in stores. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including indoor stadiums and arenas.

Restaurants

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). However, certain types of public places are not permitted to have DSAs, including "food preparation areas." Therefore, food preparation areas of restaurants must be smoke free, but other areas of a restaurant may have a DSA. A DSA must meet location and design specifications set out in Section 4 of E.O. No. 26.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and, therefore, does not provide effective or universal protection against tobacco smoke exposure in stores. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including restaurants.

Bars/pubs/nightclubs

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). However, certain types of public places are not permitted to have DSAs, including "food preparation areas." Therefore, food preparation areas of a bar, pub, or nightclub must be smoke free, but other areas of a bar, pub, or nightclub may have a DSA. A DSA must meet location and design specifications set out in Section 4 of E.O. No. 26.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and therefore does not provide effective or universal protection against tobacco smoke exposure in stores. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including bars, pubs, and nightclubs.

Casinos

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). However, certain types of public places are not permitted to have DSAs, including "food preparation areas." Therefore, food preparation areas of a casino must be smoke free, but other areas of a casino may have a DSA. A DSA must meet location and design specifications set out in Section 4 of E.O. No. 26.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and therefore does not provide effective or universal protection against tobacco smoke exposure in stores. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including casinos.

Hotels/lodging - public areas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). Certain types of public places are not permitted to have DSAs; however, hotels and other lodging are not among those places. Therefore, DSAs are allowed in public areas of hotels and lodging. A DSA must meet location and design specifications set out in Section 4 of E.O. No. 26.

Youth hostels, however, must be 100% smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and therefore does not provide effective or universal protection against tobacco smoke exposure in stores. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including public areas of hotels.

Hotels/lodgings - guest rooms

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). While certain types of public places are not permitted to have DSAs, hotels and other lodging are not among those places. Therefore, a hotel may have a DSA. However, a DSA must meet location and design specifications set out in Section 4 of E.O. No. 26 including: 1) no building may have more than one DSA, 2) the ventilation system must be separate from the ventilation system for the rest of the building, and 3) there must be a smoke free buffer zone between the DSA and the smoke free area. These standards likely could not be met for a guest room; and if a hotel chose to make a guest room a DSA it could have no other DSA in any other area of the hotel. Therefore, these provisions effectively prohibit smoking in guest rooms of hotels.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hotel guest rooms.

Prisons/detention facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Pursuant to Civil Service Commission Memorandum Circular No. 17, series of 2009, all government workplaces are smoke free. The Circular prohibits smoking in or on the premises, buildings, and grounds of government agencies providing health education and/or social welfare and development services such as hospitals, health centers, schools and universities, colleges, and others (applies to indoor and outdoor areas of these agencies). Other types of government facilities are allowed to have an outdoor smoking area. Prisons are considered to be government facilities covered by the CSC Memorandum Circular.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor government facilities such as prisons.

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.

Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in all public utility vehicles including taxis. The law aligns FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis by requiring that all means of public land transport are 100% smoke free.

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

E.O. No. 26 prohibits smoking in public places and public conveyances except in designated smoking areas (DSAs). While certain types of places are not permitted to have DSAs, public conveyances are not among those places listed. Moreover, a DSA must meet location and design specifications set out in Section 4 of E.O. No. 26 including: 1) no conveyance may have more than one DSA, 2) the ventilation system for the DSA must be separate from the ventilation system for the rest of the conveyance, and 3) there must be a smoke free buffer zone between the DSA and the smoke free area. These standards could not be met on a commercial aircraft. Therefore, these provisions effectively prohibit smoking in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft.

Commercial watercraft

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

E.O. No. 26 prohibits smoking in public places and public conveyances except in designated smoking areas (DSAs). While certain types of places are not permitted to have DSAs, public conveyances are not among those places listed. Therefore, commercial watercraft may have a DSA. In addition, the Inter-Agency Committee Tobacco Implementing Rules specifically allow designated smoking areas in inter-island vessels, provided it meets DSA requirements. DSA location and design specifications, set out in Section 4 of E.O. No. 26, include: 1) no conveyance may have more than one DSA, 2) the ventilation system for the DSA must be separate from the ventilation system for the rest of the conveyance, and 3) there must be a smoke free buffer zone between the DSA and the smoke free area.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable laws should consistently prohibit smoking on all means of public transportation, including watercraft.

Public transport facilities (waiting areas for mass transit)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Private offices

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). Certain types of public places are not permitted to have DSAs, including educational facilities and other facilities for youth, healthcare facilities, locations where a fire hazard is present, and food preparation areas. Therefore, private offices in these types of premises must be smoke free.

Other types of premises may have a DSA, which in theory could be a private office. However, a DSA must meet location and design specifications set out in Section 4 of E.O. No. 26 including: 1) no building may have more than one DSA, 2) the ventilation system must be separate from the ventilation system for the rest of the building, and 3) there must be a smoke free buffer zone between the DSA and the smoke free area. These standards likely could not be met for a private office; and if a business chose to make a private office a DSA it could have no other DSA in any other area of the business. Therefore, these provisions effectively prohibit smoking in private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in private offices.