Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
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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.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 | |
| Occupational Safety and Health Act 2005 | Art. 14(e) |
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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 Public Health Regulations prohibit smoking in “public places,” which is defined as “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. Thus, indoor workplaces, which are also public places, are not required to be 100% smoke free. Accordingly, the regulatory status "Smoking is Restricted" is given.
In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings.
The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to indoor public places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all public places, including all workplaces, to be 100% smoke free.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
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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 “public places,” which includes by definition all public transport. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transport.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
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Government 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.
Analysis:Smoking is restricted to designated smoking areas in government office facilities and prohibited in other government facilities that are public places (e.g., government-run libraries or cultural facilities). This is because the Public Health Regulations prohibit smoking in “public places,” which by definition includes workplaces, “but excludes an area demarcated for” smoking in the workplace. Likewise, OSHA prohibits smoking in the workplace, except for areas demarcated for smoking.
Although all public places are workplaces for someone, in practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, not those workplaces that are open to the general public. Thus, if the government facility falls under the category of a “workplace,” smoking is restricted to demarcated areas. If the government facility falls under the category of an “indoor area which is open to the public,” smoking is prohibited.
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 workplaces to be 100% smoke free.
Although all public places are workplaces for someone, in practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, not those workplaces that are open to the general public. Thus, if the government facility falls under the category of a “workplace,” smoking is restricted to demarcated areas. If the government facility falls under the category of an “indoor area which is open to the public,” smoking is prohibited.
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 workplaces to be 100% smoke free.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 | |
| Occupational Safety and Health Act 2005 | Art. 14(e) |
Close
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 Public Health Regulations prohibit smoking in “public places,” which is defined as “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as hospitals.
Under the Regulations, as implemented in practice, hospitals are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.
Under the Regulations, as implemented in practice, hospitals are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
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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 Public Health Regulations prohibit smoking in “public places,” which is defined as “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as public areas of residential healthcare facilities.
Under the Regulations, as implemented in practice, public areas of residential healthcare facilities are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas in residential healthcare facilities.
Under the Regulations, as implemented in practice, public areas of residential healthcare facilities are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas in residential healthcare facilities.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
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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 Public Health Regulations prohibit smoking in “public places,” which is defined as “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as non-residential healthcare facilities.
Under the Regulations, as implemented in practice, non-residential healthcare facilities are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.
Under the Regulations, as implemented in practice, non-residential healthcare facilities are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Close
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 Public Health Regulations prohibit smoking in “public places,” which is defined as “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as childcare facilities and preschools.
Under the Regulations, as implemented in practice, childcare facilities and preschools are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.
Under the Regulations, as implemented in practice, childcare facilities and preschools are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
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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 Public Health Regulations prohibit smoking in “public places,” which is defined as “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as primary and secondary schools.
Under the Regulations, as implemented in practice, primary and secondary schools are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.
Under the Regulations, as implemented in practice, primary and secondary schools are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Close
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 Public Health Regulations prohibit smoking in “public places,” which is defined as “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as universities and vocational facilities.
Under the Regulations, as implemented in practice, universities and vocational facilities are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.
Under the Regulations, as implemented in practice, universities and vocational facilities are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Close
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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as shops.
Under the Regulations, as implemented in practice, shops are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.
Under the Regulations, as implemented in practice, shops are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Close
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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such cultural facilities
Under the Regulations, as implemented in practice, cultural facilities are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.
Under the Regulations, as implemented in practice, cultural facilities are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Close
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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as indoor stadiums and arenas.
Under the Regulations, as implemented in practice, indoor stadiums and arenas are considered “public places” and therefore smoking is prohibited. In addition, under the First Schedule of the Public Health Regulations smoking is prohibited in outdoor areas of stadiums and arenas. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.
Under the Regulations, as implemented in practice, indoor stadiums and arenas are considered “public places” and therefore smoking is prohibited. In addition, under the First Schedule of the Public Health Regulations smoking is prohibited in outdoor areas of stadiums and arenas. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3, First Schedule |
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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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public” and any “place specified in the First Schedule.” The First Schedule includes “cafes, bars, nightclubs and restaurants.” Thus, smoking is prohibited in restaurants.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3, First Schedule |
Close
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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public” and any “place specified in the First Schedule.” The First Schedule includes “cafes, bars, nightclubs and restaurants.” Thus, 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.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3, First Schedule |
Close
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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such casinos.
Under the Regulations, as implemented in practice, casinos are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.
Under the Regulations, as implemented in practice, casinos are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Close
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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as public areas of hotels.
Under the Regulations, as implemented in practice, public areas of hotels are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas in hotels.
Under the Regulations, as implemented in practice, public areas of hotels are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas in hotels.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
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Hotels/lodgings - guest rooms
Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
Analysis:Smoking is prohibited in hotels as a “public place.” The law, however, does not specifically address guest rooms in hotels. Therefore, the regulatory status of smoking in hotel guest rooms is “Uncertain.”
The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all 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 to be 100% smoke free, including hotel guest rooms.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Close
Prisons/detention facilities - public areas
Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
Analysis:The law does not specifically address prisons and detention facilities. Under the law, public areas in prisons could be considered public places in which smoking is prohibited, or they could be considered workplaces in which smoking is restricted to demarcated areas.
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 to be 100% smoke free.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 | |
| Occupational Safety and Health Act 2005 | Art. 14(e) |
Close
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:Article 3 of the Public Health Regulations prohibits smoking in a “public place,” which by definition includes “a public conveyance.” The broad definition of “public conveyance” (any means of transport carrying passengers for reward or hire) encompasses trains, buses, and other ground transportation. Thus, smoking is prohibited on all ground transportation.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation including trains, buses, and other shared ground transportation.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Close
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:Article 3 of the Public Health Regulations prohibits smoking in a “public place,” which by definition includes “a public conveyance.” The broad definition of “public conveyance” (any means of transport carrying passengers for reward or hire) encompasses taxis. Thus, smoking is prohibited in taxis.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation including taxis.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Close
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:Article 3 of the Public Health Regulations prohibits smoking in a “public place,” which by definition includes “a public conveyance.” The broad definition of “public conveyance” (any means of transport carrying passengers for reward or hire) encompasses commercial aircraft. Thus, smoking is prohibited in commercial aircraft.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation including commercial aircraft.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Close
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:Article 3 of the Public Health Regulations prohibits smoking in a “public place,” which by definition includes “a public conveyance.” The broad definition of “public conveyance” (any means of transport carrying passengers for reward or hire) encompasses commercial watercraft. Thus, smoking is prohibited in commercial watercraft.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation including commercial watercraft.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Close
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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as public transport facilities.
Under the Regulations, as implemented in practice, public transport facilities are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.
Under the Regulations, as implemented in practice, public transport facilities are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Close
Private vehicle carrying passengers
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 Public Health Regulations prohibit smoking “while driving or traveling in a private vehicle carrying passengers.” This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines provisions that parties shall provide protection from exposure to tobacco smoking in indoor workplaces, public transport, in public places, and “as appropriate, other places.”
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Art. 3(1)(c) |
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While preparing, serving, or selling food on any premises where the public has access
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 Public Health Regulations prohibit smoking “while preparing, serving, or selling food on any premises where the public has access.” This provision is interpreted to include both indoor and outdoor food preparation, sales, and service. This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines provisions that parties shall provide protection from exposure to tobacco smoking in indoor workplaces, public transport, in public places, and “as appropriate, other places.”
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Art. 3(1)(b) |
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Private offices
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:Smoking is restricted to designated smoking areas in indoor private offices. This is because the Public Health Regulations prohibit smoking in “public places,” which by definition includes workplaces, “but excludes an area demarcated for” smoking in the workplace. Likewise, OSHA prohibits smoking in the workplace, except for areas demarcated for smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, which would include private offices.
,br> 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 workplaces, including private offices, to be 100% smoke free.
,br> 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 workplaces, including private offices, to be 100% smoke free.
| Law Source | Article Number | |
|---|---|---|
| Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 | |
| Occupational Safety and Health Act 2005 | Art. 14(e) |
Smoking is restricted to designated smoking areas in workplaces. This is because the Public Health Regulations prohibit smoking in “public places,” which by definition includes workplaces, “but excludes an area demarcated for” smoking in the workplace. Likewise, OSHA prohibits smoking in the workplace, except for areas demarcated for smoking. Although all public places are workplaces for someone, in practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, not those workplaces that are open to the general public.
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 workplaces to be 100% smoke free.