Smokefree Environments and Regulated Products Act 1990
Employee Rights
To insist on no smoking, vaping or use of e-cigarettes in their workplace, including in vehicles.
To complain to the employer or to the Director-General of Health, giving details, where there are reasonable grounds for believing that the Act has been breached.
Employee Obligations
To not smoke, vape or use an e-cigarette at any time in a workplace, other than in a vehicle in which smoking, vaping or use of e-cigarettes is permitted (by written agreement of those persons travelling in the vehicle).
Employer Rights
To insist on a workplace completely free from smoking, vaping or the use of e-cigarettes.
Employer Obligations
To take all reasonably practicable steps to ensure that no person smokes, vapes or uses e-cigarettes at any time in a workplace that is not:
A vehicle in which smoking, vaping or the use of e-cigarettes is permitted (by written agreement of those persons travelling in the vehicle)
A dedicated smoking room in which smoking, vaping or the use of e-cigarettes is permitted (only applicable to hospital care institutions, residential disability care institutions, and rest homes).
To display prominent notices indicating where smoking, vaping or the use of e-cigarettes is and is not permitted.
To investigate, within 20 working days of receiving it, any complaint that the Act has been breached and try to resolve it.
To allow the employees’ representative (if any) to be present at any meeting called to resolve a complaint and to determine how to avoid such complaints in the future.
To refer any unresolved complaint to the Director-General of Health.