LANGUAGE
Last updated: September 17th 2019

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.
Analysis

The Tobacco Control Law and Tobacco Control Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Work places,” as well as numerous types of public places that are workplaces for some, are included on the lists. However, the definition of “work place” in the Law and the substantive provision (Art. 5) of the Regulations make clear that “houses intended exclusively for family residence” are exempted from the smoking ban. Therefore, the regulatory status “Smoking is Restricted” is given.

FCTC Art. 8 Guidelines para. 21 states: “careful consideration should be given to workplaces that are individuals’ homes” as these places “constitute a workplace for others, who should be protected from exposure to tobacco smoke.” To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider including workplaces that are individuals’ homes and hotel guestrooms within the smoking ban. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

All indoor public places

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. The lists include virtually all types of indoor public places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor public places. For greater clarity, the law should specifically prohibit smoking in all indoor public places instead of listing those indoor public places that are smoke free.

All public transport

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Vehicles or means of transport paid for by passengers, ambulances and aerial tramways” and “rail and maritime means of transportation, as well as aircraft with point of origin and destination within the national territory” are on this list in the Law and Regulations. This is interpreted as encompassing all public transport and therefore the regulatory status “100% Smoke Free” is given.

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

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Government centers and facilities and public institutions” are on this list. Therefore, government facilities are smoke free.

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

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.
Analysis

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Workplaces” is on this list. The Law defines workplace as “a place that uses one or more workers who are employees or volunteers during working hours. It includes all connected or attached premises, as well as vehicles used by workers in the performance of their job.” The Regulations contain a similar definition. Private offices fall under this definition and therefore, private offices are smoke free.

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

Hospitals

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Health care and hospital centers or establishments” are on this list. Therefore, hospitals are smoke free.

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.
Analysis

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Health care and hospital centers or establishments” are on this list, which includes residential healthcare centers. Therefore, public areas of residential healthcare facilities are smoke free.

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.
Analysis

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Health care and hospital centers or establishments” are on this list, which includes non-residential healthcare centers. Therefore, non- residential healthcare facilities are smoke free.

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.
Analysis

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Public and private educational and training centers”, “centers for social service”, and “recreational or amusement centers for minors” are on this list. The law is interpreted as prohibiting smoking in childcare facilities and preschools under these provisions. Therefore, childcare facilities and preschools are smoke free.

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.
Analysis

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Public and private educational and training centers” are on this list. Therefore, primary and secondary schools are smoke free.

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.
Analysis

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Public and private educational and training centers” are on this list. Therefore, universities and vocational facilities are smoke free.

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

Shops

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Shopping centers” are on this list. Therefore, shops are smoke free.

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

Cultural 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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Cultural centers, cinemas, theaters, lecture halls, exhibits, libraries . . . auditoriums and museums” are on this list. Therefore, cultural facilities are smoke free.

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

Indoor stadium/arenas

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Athletic facilities and places where spectacles and recreational activities of any kind occur” are on this list in the Law. The Regulations provide further explanation, stating: “Included are all areas involved in activities with massive concentrations of people, holiday gatherings, parties, and the like, and parks in general.” Because in indoor stadiums and arenas are places where athletic events, spectacles (defined in the Regulations), recreational activities, and activities with massive concentrations (defined in the Regulations) of people occur, indoor stadiums and arenas are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor stadiums and arenas.

Restaurants

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Restaurants” and “areas or establishments where food is prepared, processed, tasted or sold, such as restaurants, bars and cafeterias” are on this list. Therefore, restaurants are smoke free.

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

Bars/pubs/nightclubs

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Night clubs, discotheques, bars” and “areas or establishments where food is prepared, processed, tasted or sold, such as restaurants, bars and cafeterias” are on this list. Therefore, bars, pubs, and nightclubs are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in bars, pubs, and nightclubs.

Casinos

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Casinos” are on this list. Therefore, casinos are smoke free.

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

Hotels/lodging - 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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Workplaces” are on this list, and are defined as “a place that uses one or more workers who are employees or volunteers during working hours. . . .” Public areas of hotels and other lodging fall within the definition of “work place”; therefore, public areas of hotels and other lodging are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of hotels and other lodging.

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.
Analysis

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Workplaces” are on this list, and are defined as “a place that uses one or more workers who are employees or volunteers during working hours. . . .” Hotel guestrooms are considered workplaces under the law and, therefore, are 100% smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hotel guestrooms. For greater clarity, the law should specifically prohibit smoking in hotel guestrooms.

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Centers for social service, except for open spaces in correctional institutions” are on this list in the Law and Regulations. The Regulations provide further explanation, stating: “It should be understood that this exception is applicable solely to adults deprived of their liberty, not to visitors and public officials.” Therefore, public areas in prisons and detention facilities – which are open to the general public, visitors, and public officials – are smoke free.

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

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.
Analysis

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Vehicles or means of transport paid for by passengers, ambulances and aerial tramways” and “rail and maritime means of transportation, as well as aircraft with point of origin and destination within the national territory” are on this list in the Law and Regulations. Therefore, trains, buses, and other shared ground transportation are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in trains, buses, and other shared ground transportation.

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Vehicles or means of transport paid for by passengers, ambulances and aerial tramways” and “rail and maritime means of transportation, as well as aircraft with point of origin and destination within the national territory” are on this list in the Law and Regulations. Therefore, taxis are smoke free.

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

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.
Analysis

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Vehicles or means of transport paid for by passengers, ambulances and aerial tramways” and “rail and maritime means of transportation, as well as aircraft with point of origin and destination within the national territory” are on this list in the Law and Regulations. Therefore, commercial aircraft are smoke free.

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

Commercial watercraft

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Vehicles or means of transport paid for by passengers, ambulances and aerial tramways” and “rail and maritime means of transportation, as well as aircraft with point of origin and destination within the national territory” are on this list in the Law and Regulations. Therefore, commercial watercraft are smoke free.

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “All areas belonging to ports or airports” and “bus terminals, bus stops, taxi stops, railways stations and stops, as well as any means of transport paid for by passengers that is duly authorized by the Council of Public Transportation” are on this list in the Law and Regulations. Therefore, public transport facilities are smoke free.

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

Escalators and elevators

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Escalators and elevators” are on this list. Therefore, escalators and elevators are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on escalators and in elevators.

Phone booths, ATMs and other places of small dimensions

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. The list includes: “Phone booths and ATM machine areas, as well as other spaces for public use of small dimensions. A space for public use of small dimensions is understood to refer to a space that does not occupy a surface area greater than five square meters” and these are therefore smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in phone booths, ATMs, and other places of small dimensions.

Centers for amusement, leisure, or recreation for minors

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

The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Centers for amusement, leisure or recreation for minors” are on this list. Therefore, these places are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in centers for amusement, leisure, or recreation for minors.