The permissibility of smoking in work vehicles remains a contentious issue, particularly in industries such as transport and construction. This article aims to shed light on the subject, considering both employer rights and safety regulations.
Employers maintain the right to establish a smoke-free environment, either through direct policies or the placement of no-smoking signs. It is crucial to recognize that violating such policies can result in termination, as emphasized in the case of Mr. Victor Bajada v Trend Windows and Doors Pty Limited [2018] FWC5937.
Public Transport and Taxi Ranks strictly prohibit smoking, thereby excluding bus, train, and taxi drivers from smoking in work vehicles. Additionally, smoking is illegal in a work vehicle if a person under the age of 16 is present, impacting professions like social workers and private school bus drivers.
Guidance Note on Environmental Tobacco Smoke
The National Occupational Health and Safety Commission (NOHSC), a predecessor to SafeWork Australia, issued a guidance note advocating for the elimination of smoking in company vehicles. While companies can choose to permit smoking, failure to address concerns such as colleague exposure leading to discomfort or health issues may constitute a breach of Section 19 duties.
In summary, there is no explicit law prohibiting smoking in company vehicles, with a few exceptions. However, a workplace permitting smoking in work vehicles may face scrutiny from safety inspectors, potentially being deemed negligent, especially if Section 19 duties are not fulfilled. Employers should carefully balance their policies to create a safe and healthy working environment.