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 law prohibits smoking in all enclosed workplaces. However, the law allows hotels to allocate 20% of their room capacity for smokers, provided that these are adjoining rooms. Because hotel rooms are workplaces for some, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all enclosed public places and workplaces, including guest rooms in hotels and other lodging, to 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.
Analysis

The law prohibits smoking in all enclosed public places. However, the law allows hotels to allocate 20% of their room capacity for smokers, provided that these are adjoining rooms. Although guest rooms are not public places, permitting smoking in some guest rooms will result in exposure to tobacco smoke in other areas of the hotel, including public areas.  Therefore, because of this exception, the regulatory status code “Smoking is Restricted” is given rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all enclosed public places and workplaces, including guest rooms in hotels and other lodging, to be 100% 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 law prohibits smoking in all means of public transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to 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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” includes a non-exhaustive list of places that are “public places,” which specifically includes “official departments, offices and centers pertaining thereto, including public institutions. . . .” Therefore, smoking is prohibited in all government facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 law prohibits smoking in all enclosed workplaces. Workplaces is broadly defined to include "any place used collectively by people while performing their remunerated or benevolent duties." This is interpreted to include private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” includes a non-exhaustive list of places that are “public places,” which specifically includes hospitals. Therefore, smoking is prohibited in hospitals

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” specifically includes “all institutions of health,” including their outdoor and enclosed areas. 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 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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” specifically includes “all institutions of health,” including their outdoor and enclosed areas. 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 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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” includes any place “used collectively” and provides an exemplary, non-exhaustive, list of places that are “public places,” which specifically includes “schools.” Under these provisions, smoking is prohibited in childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” provides an exemplary, non-exhaustive, list of places that are “public places,” which specifically includes “schools.” 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 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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” includes any place “used collectively” and provides an exemplary, non-exhaustive, list of places that are “public places,” which specifically includes “schools” and “universities.” 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 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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” includes any place “open to the public” and provides an exemplary, non-exhaustive, list of places that are “public places,” which specifically includes “shopping malls.” Smoking is prohibited in other types of shops under the ban on smoking in “workplaces,” as shops are workplaces. Therefore, smoking is prohibited in all shops and stores.

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

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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” includes any place “open to the public” and provides an exemplary, non-exhaustive, list of places that are “public places,” which specifically includes cinemas and theaters. Smoking in other types of cultural facilities is prohibited as places “open to the public” and “work places.” Therefore, the law is interpreted as prohibiting smoking in all cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” specifically includes “all institutions of . . . sport,” including their outdoor and enclosed areas. Therefore, smoking is prohibited in indoor stadiums and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” includes any place “open to the public” and provides an exemplary, non-exhaustive, list of places that are “public places,” which specifically includes restaurants. Therefore, smoking is prohibited in restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” includes any place “open to the public” and provides an exemplary, non-exhaustive, list of places that are “public places,” which specifically includes nightclubs. Therefore, smoking is prohibited in bars, pubs and nightclubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” includes any place “open to the public.” Therefore, smoking is prohibited in casinos.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” includes any place “open to the public.” Therefore, smoking is prohibited in public areas of hotels and other lodging.

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

Hotels/lodgings - guest rooms

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 law prohibits smoking in all enclosed public places and workplaces. However, the law specifically allows hotels to allocate 20% of their room capacity for smokers, provided that these are adjoining rooms and therefore the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all enclosed public places and workplaces, including guest rooms in hotels and other lodging, to be 100% smoke free.

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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” includes an exemplary, non-exhaustive list of places that are “public places,” which specifically includes “public institutions.” This is interpreted as including prisons and detention facilities. In addition, public areas of prisons and detention facilities are workplaces for some people. Therefore, the law is interpreted as prohibiting smoking in public areas of prison and detention facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prison 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 law prohibits smoking in all means of public transportation. The definition of public transportation includes “every vehicle usually used for public transportation purposes.” Therefore, smoking is prohibited in trains, buses and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to 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 law prohibits smoking in all means of public transportation. The definition of public transportation includes “every vehicle usually used for public transportation purposes.” Therefore, smoking is prohibited in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to 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 law prohibits smoking in all means of public transportation. The definition of public transportation includes “every vehicle usually used for public transportation purposes.” These provisions are interpreted as prohibiting smoking in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to 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 law prohibits smoking in all means of public transportation. The definition of public transportation includes “every vehicle usually used for public transportation purposes.” These provisions are interpreted as prohibiting smoking in commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to 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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” includes any place “open to the public” or “used collectively.” Therefore, smoking is prohibited in public transport facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transport facilities.

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 law prohibits smoking in all enclosed public places and workplaces. The definition of “enclosed public place” specifically includes “elevators.” Therefore, smoking is prohibited in elevators.