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.
Analysis

Article 5 of the Protection of Health Act lists places in which smoking is prohibited. However, Art. 5a exempts some of these places from a complete smoking ban, allowing designed smoking rooms in many of these places. The Act permits smoking rooms in “workplace rooms” and in other indoor places that are workplaces for some people, including dining and entertainment establishments, hotels, facilities serving travelers, social services institutions and nursing homes, and higher education institutions. For dining and entertainment establishments with at least two rooms designated for consumption, the owner/manager may designate an enclosed consumption room, equipped with ventilation that ensures that tobacco smoke does not permeate into other rooms, as a smoking room. Some types of indoor workplaces are smoke free, including non-residential healthcare facilities, education facilities (primary and secondary), cultural and recreational facilities, and sports facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces. To clarify the scope of the ban and aid in implementation and enforcement, the law should contain a definition of “workplace” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Article 5 of the Protection of Health Act lists places in which smoking is prohibited. However, Art. 5a exempts some of these places from a complete smoking ban, allowing designed smoking rooms in many of these places. The Act permits smoking rooms in many indoor public places including dining and entertainment establishments, hotels, facilities serving travelers, social services institutions and nursing homes, and higher education institutions. For dining and entertainment establishments with at least two rooms designated for consumption, the owner/manager may designate an enclosed consumption room, equipped with ventilation that ensures that tobacco smoke does not permeate into other rooms, as a smoking room. Some types of indoor public places are smoke free, including non-residential healthcare facilities, education facilities (primary and secondary), cultural and recreational facilities, and sports facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places.

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 Protection of Health Act prohibits smoking in means of “passenger public transportation,” including shared ground transportation, taxis, and aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport. However, to clarify the scope of the ban and to aid in implementation and enforcement, the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

The Protection of Health Act does not specifically address smoking in all “government facilities.” However, the Act mandates the Minister of National Defense, the Minister responsible for internal affairs, and the Minister of Justice to issue regulations regulating the use of tobacco products in facilities operated by those ministries. The regulations permit smoking rooms in government facilities operated under those ministries.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it permits designated smoking rooms in some government facilities. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including 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.
Analysis

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of healthcare establishments, and other, where healthcare services are provided.” Hospitals are not included in the list of places where designated smoking rooms are allowed (Art. 5a). 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

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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of healthcare establishments, and other, where healthcare services are provided.” However, Art. 5a(3) specifically permits a designated smoking area in “assisted living and nursing homes.” Because designated smoking rooms are permitted in public areas of certain residential healthcare facilities, the regulatory status “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including 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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of healthcare establishments, and other, where healthcare services are provided.” Non-residential healthcare facilities are not included in the list of places where designated smoking rooms are allowed (Art. 5a). 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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of the education system organizational units, which are described in the education system regulations, and on the social assistance program units described in social assistance regulations.” Childcare and day care are included in social assistance programs and preschools are included in educational system facilities. Social assistance (day care) and educational system facilities are not included in the list of places where designated smoking rooms are allowed (Art. 5a). 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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of the education system organizational units, which are described in the education system regulations.” Educational system facilities included primary and secondary schools. Educational system facilities are not included in the list of places where designated smoking rooms are allowed (Art. 5a). Therefore, educational system facilities, including 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

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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “higher education institution premises.” However, Art. 5a specifically permits a designated smoking area on “higher education institution premises.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including 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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “other premises designated for public use.” This phrase is interpreted as including shops, shopping centers, and malls. “Other premises designated for public use” is not included in the list of places where designated smoking rooms are allowed (Art. 5a). 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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of public cultural and recreational establishments.” Cultural facilities are not included in the list of places where designated smoking rooms are allowed (Art. 5a). 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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including in “public recreational establishments,” “[o]n the premises of sports establishments,” and “[o]n other premises designated for public use.” The law is interpreted as covering “indoor stadiums and arenas” under these three categories. None of these three categories is included in the list of places where designated smoking rooms are allowed (Art. 5a). Therefore, 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

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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of the food and entertainment establishments.” However, Art. 5a specifically permits a designated smoking area on “the premises of the food and entertainment establishments.” Article 5a further states that “An owner or administrator of a food and entertainment establishment, with at least two rooms intended for food consumption, can exclude from the ban described in Article 5 a closed room with proper ventilation system, which will ensure that tobacco smoke would not penetrate other rooms.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, 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.
Analysis

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of the food and entertainment establishments,” which includes bars, pubs, and nightclubs. However, Art. 5a specifically permits a designated smoking area on “the premises of the food and entertainment establishments.” Article 5a further states that “An owner or administrator of a food and entertainment establishment, with at least two rooms intended for food consumption, can exclude from the ban described in Article 5 a closed room with proper ventilation system, which will ensure that tobacco smoke would not penetrate other rooms.” Therefore, smoking is restricted in bars, pubs, and nightclubs.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, 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.
Analysis

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including “on the premises of the food and entertainment establishments,” which includes casinos. However, Art. 5a specifically permits a designated smoking area “on the premises of the food and entertainment establishments.” Article 5a further states that “An owner or administrator of a food and entertainment establishment, with at least two rooms intended for food consumption, can exclude from the ban described in Article 5 a closed room with proper ventilation system, which will ensure that tobacco smoke would not penetrate other rooms.” Therefore, smoking is restricted in casinos.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, 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.
Analysis

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places and “on other premises designated for public use.” This is interpreted as including hotels and other lodging. However, Art. 5a specifically permits a designated smoking area in hotels. Therefore, the law is interpreted as allowing designated smoking rooms in public areas of hotels.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including hotels.

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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places and “on other premises designated for public use.” This is interpreted as including hotels and other lodging. However, Art. 5a specifically permits a designated smoking area in hotels. Article 5a further states that, “the owner or manager may exempt individual rooms in facilities serving residential purposes from the ban.” This is interpreted as permitting smoking in designated guest rooms.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including guest rooms of hotels.

Prisons/detention facilities - 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.
Analysis

Smoking in prisons is regulated under the Ministry of Justice regulations and smoking in detention facilities is regulated under the Ministry of Internal Affairs regulations. Both regulations permit smoking in prison and detention cells. In addition, both regulations permit smoking in times and places as designated by the head of the facility. Thus, heads of facilities may permit smoking in public areas of prisons and detention facilities. Therefore, the regulatory status “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including 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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including “means of passenger public transportation.” “Means of passenger public transportation” is not included in the list of places where designated smoking rooms are allowed (Art. 5a). Therefore, trans, 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. However, to clarify the scope of the ban and to aid in implementation and enforcement, the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including “means of passenger public transportation.” “Means of passenger public transportation” is not included in the list of places where designated smoking rooms are allowed (Art. 5a). Therefore, taxis are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis. However, to clarify the scope of the ban and to aid in implementation and enforcement, the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including “means of passenger public transportation.” “Means of passenger public transportation” is not included in the list of places where designated smoking rooms are allowed (Art. 5a). 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. However, to clarify the scope of the ban and to aid in implementation and enforcement, the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including “means of passenger public transportation.” “Means of passenger public transportation” is not included in the list of places where designated smoking rooms are allowed (Art. 5a). 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. However, to clarify the scope of the ban and to aid in implementation and enforcement, the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Public transport facilities (waiting areas for mass transit)

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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including “means of passenger public transportation and establishments servicing travelers.” However, Art. 5a specifically permits a designated smoking area in “establishments serving travelers.” “Establishments serving travelers” is not defined in the law; however, this term is interpreted to include public transport facilities, such as train stations, bus terminals, and airports. Therefore, smoking is restricted in these facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including public transport facilities.

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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including “on the premises of work places.” However, Art. 5a specifically permits a designated smoking area “on the premises of work places.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces. To clarify the scope of the ban and aid in implementation and enforcement, the law should contain a definition of “workplace” in accordance with the definition provided in the FCTC Art. 8 Guidelines.