All indoor workplaces
Law Source | Article Number | |
---|---|---|
Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 | |
Occupational Safety and Health Act 2005 | Art. 14(e) |
All indoor public places
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 |
All public transport
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 |
Government facilities
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) |
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 |
Residential healthcare facilities - public areas
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 |
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 |
Childcare facilities/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 |
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 |
Universities/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 |
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 |
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 |
Indoor stadium/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 |
Restaurants
Law Source | Article Number | |
---|---|---|
Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3, First Schedule |
Bars/pubs/nightclubs
Law Source | Article Number | |
---|---|---|
Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3, First Schedule |
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 |
Hotels/lodging - public areas
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 |
Hotels/lodgings - guest rooms
Law Source | Article Number | |
---|---|---|
Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Prisons/detention facilities - public areas
Law Source | Article Number | |
---|---|---|
Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 | |
Occupational Safety and Health Act 2005 | Art. 14(e) |
Trains, buses and other shared ground transportation other than taxis
Law Source | Article Number | |
---|---|---|
Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Taxis (for-hire vehicle)
Law Source | Article Number | |
---|---|---|
Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Commercial aircraft
Law Source | Article Number | |
---|---|---|
Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Commercial watercraft
Law Source | Article Number | |
---|---|---|
Public Health (Restrictions on Tobacco Products) Regulations 2008 | Arts. 2, 3 |
Public transport facilities (waiting areas for mass transit)
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 |
Private vehicle carrying passengers
Law Source | Article Number | |
---|---|---|
Public Health (Restrictions on Tobacco Products) Regulations 2008 | Art. 3(1)(c) |
While preparing, serving, or selling food on any premises where the public has access
Law Source | Article Number | |
---|---|---|
Public Health (Restrictions on Tobacco Products) Regulations 2008 | Art. 3(1)(b) |
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.
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.