How the draft Control of Tobacco Products and Electronic Delivery Systems Bill may impact you as the Employer
The legislation plans to introduce a number of changes to South African smoking laws, including:
- A zero-tolerance policy on in-door smoking in public places (including the removal of designated smoking areas in restaurants).
- A ban on outdoor smoking in public places.
- When smoking outside, smokers must be at least 10 meters away from public entrances.
- The removal of all signage on cigarette packaging aside from the brand name and warning stickers.
- Cigarettes may no longer be publicly displayed by retailers.
What does this mean for the Employer:
In terms of section 6 of the draft Bill, an employer must ensure that;
- Employees may object to smoking in the workplace in contravention of this Act without retaliation of any kind.
- Employees who do not want to be exposed to tobacco smoke at the workplace are not so exposed.
- It is not a condition of employment, expressly or implied, that any employee is required to work in any portion of the workplace where smoking is permitted by law.
- Employees are not required to sign any indemnity for working in any portion of the workplace where smoking is permitted by law.
Employers may be jailed up for up to 1 year if employees are unwillingly exposed to smoking. The draft Bill bans smoking in all enclosed public spaces and enclosed workplaces.
Other key provisions in the draft Bill include:
- Smoking will also be banned in vehicles where there is more than one person in that vehicle, and specifically children under the age of 18.
- Manufacturers of cigarettes and electronic tobacco devices will be forced to remove all branding on package, with an exception to the company’s logo – or risk a five-year prison sentence.
- If appropriate signage banning smoking are not placed in public spaces and workplaces, the person in charge of the area can be jailed up to five years.
- A one-year maximum prison sentence for placing an automated vending machine containing tobacco products.
- A five-year maximum prison term for tobacco companies sponsoring events with corporate branding, or advertising and promoting products.
- A person can be jailed for up to five years for offering a financial or other incentive to a retailer to encourage the sale of the tobacco products.
South Africans have until August 9 to comment on the bill. To view the full Bill, follow this link.