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Environmental Tobacco Smoke (smoking) FAQs
What authority does WorkSafeBC have to enforce health and safety regulations to manage workers' exposure to Environmental Tobacco Smoke (ETS)?
WorkSafeBC is a regulatory agency that administers the Workers Compensation Act, which is an act of the B.C. Legislature. Under the Act, the Board has the authority to make and enforce regulations to protect workers from known workplace hazards such as ETS and to ensure that the workplace parties comply.
What has occurred since the March 2001 WCB ETS announcement that new amendments would become effective September 10, 2001?
On January 16th, 2002, the provincial government announced revised health and safety regulations to manage workers' exposure to ETS in B.C.'s hospitality industry. This announcement followed a decision by the Minister of Skills Development and Labour to delay implementation pending further consultation and review.
What does the Occupational Health and Safety Regulation require for controlling environmental tobacco smoke in hospitality establishments as of May 1, 2002?
The Regulation requires employers in public entertainment facilities to control workers' exposure to environmental tobacco smoke through one of the following options:
- Prohibiting smoking at the worksite
- Restricting smoking to a designated smoking area such as a safe outdoor location, or a designated smoking room (DSR) that is structurally separate from other areas
Under the revised Regulation, workers in the hospitality industry have the right to choose whether to enter a designated smoking room and may not be discriminated against for choosing not to enter a designated smoking room. Where workers do choose to enter the designated smoking room, the Regulation requires there be only intermittent exposure - not to exceed 20% of their work period.
What options are available for an employer who chooses to allow smoking at the workplace?
There are a number of ways hospitality employers can comply with the ETS requirements to manage workers' exposure. Smoking can occur in:
- A separately ventilated, structurally separated room which workers may choose to enter for a period of time not to exceed 20% of their work period. Entry must be intermittent.
- Patios or outdoor areas that have free movement of air. This usually means an area with a floor, a roof, and obstructions on no more than two sides. Adjacent buildings and objects must be taken into consideration.
Smoke should not enter the indoor work area. Employers are responsible for demonstrating that ETS does not accumulate.
Compliance options developed by employers in the hospitality industry must also comply with the Liquor Control Act of B.C. and applicable municipal bylaws.
If a worker chooses not to enter a designated smoking room, are there exceptions?
Workers may be required to enter under restricted circumstances such as when the smoke has been effectively removed, in an emergency, or to investigate for illegal activity.
What compliance options are available while designated smoking areas are being constructed in a hospitality establishment?
Hospitality employers who demonstrated a plan to build a designated smoking area in the facility, but were not ready by May 1st 2002, still have an obligation to manage worker exposure to ETS while construction is being completed using all reasonable and practicable administrative controls, which could include a safe outdoor location or prohibition.
What is the enforcement process?
Leading up to May 1, 2002 Prevention staff provided information on the amended requirements. This was a period of education and consultation with affected stakeholders. After the effective date of May 1, 2002 employers were expected to be in compliance with the amended environmental tobacco smoke requirements. Non-compliance can result in enforcement action.
Would penalties be imposed for non-compliance?
WorkSafeBC has the authority to levy administrative penalties for repeated or wilful non-compliance of the health and safety requirements. Basic penalty amounts are determined by formulas based upon assessable payroll and risk, and can range from $1,000 to $75,000. Increased penalties may result from continued and/or willful noncompliance.
What else do employers need to consider?
Employers may wish to contact WorkSafeBC to obtain information on specific requirements for controlling worker exposure to ETS, the ventilation requirements for a DSR, and other exposure control options. Additional contacts include:
- Local government bylaw departments to learn about any smoking-related bylaws in existence that restrict your ability to operate a DSR
- Architects (and/or ventilation engineers) and contractors to consult and initiate the development of DSR construction plans
- Your local building department to determine whether a development or building permit is required to construct a DSR in your area
- Your local fire department or fire authority to determine whether a development or building permit is required to construct a DSR in your area and to determine the occupant load allowed within each DSR
- Liquor Control and Licensing Branch to obtain information on applying for approval to alter the structure of your licensed establishment