Workplace Smoking Policy | South African OHS Requirements

What Is a Smoking Policy?

A Smoking Policy is a workplace policy that establishes clear rules for the use of cigarettes, cigars, tobacco products, e-cigarettes, vape devices, and other nicotine products in the workplace. The purpose of the policy is to protect employees, contractors, visitors, and clients from the health risks associated with smoking and second-hand smoke exposure while promoting a safe, healthy, and professional working environment.

A Workplace Smoking Policy should identify where smoking is permitted, where it is prohibited, and the responsibilities of employees who choose to smoke. It should also consider the wellbeing of vulnerable persons, including pregnant and breastfeeding employees, who may be more sensitive to the effects of tobacco smoke and vaping products.

In addition to protecting health, a Smoking Policy helps reduce fire risks, support legal compliance, and maintain a positive company image. By setting clear expectations, businesses can create a healthier workplace and ensure that smoking activities do not negatively impact workplace safety, productivity, or client perceptions.

Why Is a Smoking Policy Important?

A Workplace Smoking Policy is important because it helps protect employees, contractors, visitors, and clients from the health and safety risks associated with smoking, vaping, tobacco products, nicotine products, and second-hand smoke exposure. The policy provides clear workplace rules on where smoking is permitted, where it is prohibited, and the responsibilities of employees who choose to smoke or vape during working hours.

A Smoking Policy is not only a workplace health and safety requirement—it is also a legal compliance requirement. South African employers have a duty to protect employees from exposure to tobacco smoke in the workplace and are required to implement and maintain a written workplace smoking policy. Employers must also ensure that employees who do not wish to be exposed to tobacco smoke are protected and may raise concerns about smoking in the workplace without fear of retaliation.

In addition, employers have a general duty under the Occupational Health and Safety Act (OHS Act 85 of 1993) to provide and maintain a working environment that is safe and without risk to the health of employees, as far as reasonably practicable. A Workplace Smoking Policy helps employers fulfil this responsibility by controlling smoking-related hazards, reducing fire risks, and protecting employee health.

Smoking and vaping can affect more than just the person using the product. Exposure to second-hand smoke may negatively impact other employees, visitors, contractors, and clients, particularly individuals with respiratory conditions, asthma, allergies, and pregnant or breastfeeding employees who may be more sensitive to tobacco smoke and vaping products. The policy helps create a healthier and more respectful workplace for everyone.

A clear Smoking Policy also helps improve workplace air quality, maintain a professional company image, reduce workplace fire hazards, and ensure that smoking does not negatively impact productivity, client relationships, or workplace safety. Employees smoking near entrances, customer areas, company vehicles, or client premises can create a poor impression and may affect how clients view the organisation.

Ultimately, a Workplace Smoking Policy helps businesses comply with the Tobacco Products Control Act, support Occupational Health & Safety compliance, reduce workplace risks, protect employee wellbeing, and create a safer, healthier, and more professional working environment.

How does Smoking Affect Others?

Protecting Others from Second-Hand Smoke

Smoking does not only affect the person who smokes. Tobacco smoke, vape aerosols, and other smoking-related products can impact the health, comfort, and wellbeing of employees, contractors, visitors, and clients who share the workplace. People who are exposed to second-hand smoke may inhale harmful chemicals and irritants, even if they do not smoke themselves.

Second-hand smoke can be particularly problematic for individuals with asthma, allergies, respiratory conditions, heart conditions, and other underlying health concerns. It may also affect pregnant and breastfeeding employees, as exposure to tobacco smoke can pose additional health risks to both mother and child.

Beyond health concerns, smoking can affect the overall workplace environment. Cigarette smoke and vaping residues may create unpleasant odours, reduce comfort in shared spaces, and contribute to a less professional atmosphere. Smoking near entrances, walkways, company vehicles, or client-facing areas can also create a negative impression and impact how customers, visitors, and business partners perceive the organisation.

Smoking-related activities may also increase workplace fire risks, particularly in areas where flammable materials, chemicals, fuels, packaging, or waste are present. For this reason, employers should ensure that smoking only takes place in designated smoking areas and that workplace smoking rules are clearly communicated and enforced.

Did You Know?

Smoking near entrances, walkways, company vehicles, and client-facing areas can affect your company's professional image and create an unpleasant experience for employees and visitors.

What Are Designated Smoking Areas?

Understanding Designated Smoking Areas

A designated smoking area is a specific area identified by an employer where employees may smoke tobacco products, cigarettes, or other permitted smoking products. These areas must comply with the requirements of the Tobacco Products Control Act and related regulations and must be clearly separated from non-smoking areas to protect employees from exposure to tobacco smoke.

Where an employer does provide a designated smoking area, it must meet specific legal requirements. Employers must ensure that employees who do not wish to be exposed to tobacco smoke are protected, appropriate signage is displayed, and smoking only takes place within approved smoking areas. The employer must also have a written workplace smoking policy that explains the rules and requirements relating to smoking in the workplace.

Before creating a designated smoking area, employers should consider workplace health and safety risks, fire hazards, employee wellbeing, client perceptions, and the overall workplace environment.

Many businesses choose to restrict smoking to specific outdoor areas away from entrances, exits, walkways, company vehicles, and customer-facing locations to reduce health risks and maintain a professional image.

What Needs to Be Included in a Smoking Policy?

Turning Policies Into Action

A Workplace Smoking Policy should clearly explain the organisation's rules regarding smoking, vaping, tobacco products, nicotine products, and e-cigarettes in the workplace. The policy should provide practical guidance to employees, contractors, visitors, and clients while helping the business comply with health and safety requirements.

A comprehensive Smoking Policy should include:

The purpose and scope of the policy
Definitions of smoking, vaping, tobacco products, e-cigarettes, and nicotine products
Designated smoking areas and restricted areas
Prohibited smoking locations, including entrances, exits, company vehicles, and indoor workplaces
Employee responsibilities and expected workplace behaviour
Contractor, visitor, and client requirements
Protection of non-smokers from second-hand smoke exposure
Considerations for pregnant and breastfeeding employees
Fire prevention and safe disposal of cigarette butts and smoking materials
Rules regarding smoking breaks and working hours
Reporting of policy violations and workplace concerns
Disciplinary procedures for non-compliance
Management responsibilities for monitoring and enforcing the policy
References to applicable health and safety legislation and workplace rules
Policy review and update requirements

A well-written Workplace Smoking Policy should be clear, practical, and easy to understand. It should help protect employee health, reduce fire risks, support Occupational Health & Safety compliance, and ensure that smoking activities do not negatively impact workplace safety, productivity, or the organisation's professional image.

What Does the Tobacco Products Control Act Say?

Workplace Smoking Requirements Under South African Law

The Tobacco Products Control Act 83 of 1993 and its regulations are designed to protect people from the harmful effects of tobacco smoke and second-hand smoke exposure. For employers, the Act places a responsibility on businesses to protect employees from tobacco smoke in the workplace and to manage smoking in a way that supports health and safety.

Key workplace requirements include:

Employees who do not wish to be exposed to tobacco smoke must be protected from exposure in the workplace.
Employees may object to smoking-related concerns without fear of retaliation or victimisation.
Employers must ensure that smoking only takes place in permitted areas where applicable.
Appropriate no-smoking and smoking-area signage must be displayed.
Employers must have a written workplace smoking policy that is communicated and implemented within the organisation.
Employers may choose to designate a smoking area, but they are not legally required to provide one.
Employers may prohibit smoking entirely on company premises if they choose to do so.

The Act also recognises that tobacco smoke can be harmful to non-smokers and aims to protect employees, visitors, clients, pregnant and breastfeeding women, and other vulnerable persons from unnecessary exposure to second-hand smoke. Smoking is generally prohibited in public places and workplaces unless a designated smoking area meeting specific legal requirements has been provided.

For businesses, compliance with the Tobacco Products Control Act should form part of a broader Occupational Health & Safety (OHS) programme. A clear Smoking Policy helps employers meet their legal obligations, reduce workplace health risks, improve employee wellbeing, and create a safer and healthier working environment for everyone.

Compliance Tip

A Workplace Smoking Policy is a legal requirement. Clear smoking rules help protect non-smokers from second-hand smoke, support compliance with the Tobacco Products Control Act, and promote a safer and healthier workplace.

Request Compliance Support

Frequently Asked Questions

Is a Workplace Smoking Policy required for South African businesses?

Yes. South African businesses must comply with applicable tobacco control legislation, including the Tobacco Products Control Act 83 of 1993, as amended, and its regulations. Employers should establish clear workplace smoking rules to protect employees and visitors from exposure to second-hand smoke.

Can employees smoke inside the workplace?

Smoking is generally prohibited in enclosed public places and workplaces, subject to limited legal exceptions. Employers must ensure that designated smoking areas, where permitted, comply with applicable legal requirements. Smoking should never take place in prohibited areas or locations where it creates additional fire or safety risks.

Can an employer designate a smoking area for employees?

Yes, where permitted by applicable legislation. Designated smoking areas must meet the relevant legal requirements, including restrictions on their size, ventilation, signage and location. Employers should also consider nearby entrances, windows, air intakes and areas where flammable materials are stored.

Can an employer prohibit smoking during working hours?

Yes. Employers may introduce reasonable workplace rules regulating smoking breaks, smoking locations and the use of tobacco products during working hours. These rules should be clearly communicated to employees and applied consistently.

What should a Workplace Smoking Policy include?

A comprehensive policy should cover prohibited smoking areas, designated smoking areas where legally permitted, employee responsibilities, smoking breaks, signage, disposal of cigarette waste, fire prevention measures and procedures for addressing policy violations.

Workplace Smoking Policy for South African Businesses

What Is a Smoking Policy?

Why Is a Smoking Policy Important?

How does Smoking Affect Others?

Protecting Others from Second-Hand Smoke

Did You Know?

What Are Designated Smoking Areas?

Understanding Designated Smoking Areas

What Needs to Be Included in a Smoking Policy?

Turning Policies Into Action

What Does the Tobacco Products Control Act Say?

Workplace Smoking Requirements Under South African Law

Compliance Tip

Frequently Asked Questions

Need Help Developing Workplace Policies?

Workplace Smoking Policy for South African Businesses

What Is a Smoking Policy?

Why Is a Smoking Policy Important?

How does Smoking Affect Others?

Protecting Others from Second-Hand Smoke

Did You Know?

What Are Designated Smoking Areas?

Understanding Designated Smoking Areas

What Needs to Be Included in a Smoking Policy?

Turning Policies Into Action

What Does the Tobacco Products Control Act Say?

Workplace Smoking Requirements Under South African Law

Compliance Tip

Frequently Asked Questions

Need Help Developing Workplace Policies?

This website uses cookies.