HLS-PR-001: Creating Smoke-Free Environments

• Public Service Act 2008 (Qld) Part 3 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PublicServA08.pdf
• Tobacco and Other Smoking Products Act 1998 (Qld) Part 2B, Part 2BA, Part 2C http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TobacoPrPrSuA98.pdf
• Workplace Health and Safety Act 1995 (Qld) Part 1 Section 7, Part 3 Section 28 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkplHSaA95.pdf

• Queensland Government Smoking Policy http://www.psc.qld.gov.au/library/document/policy/smoking.pdf
• Code of Conduct http://education.qld.gov.au/corporate/codeofconduct/index.html
• Code of School Behaviour http://education.qld.gov.au/studentservices/behaviour/bm-codebehav.html
• TAFE Queensland Student Rules 2007 http://www.tafe.qld.gov.au/resources/pdf/Student%20Rules%20Jan%2007.pdf
• Toward Q2 - Tomorrow's Queensland http://www.thepremier.qld.gov.au/tomorrow/introduction.aspx

• FLM-PR-001: Fleet Management /strategic/eppr/fleet/flmpr001/
• HRM-PR-047: Managing Unsatisfactory Performance (excluding school based teachers and principals) /strategic/eppr/hr/hrmpr047/
• SMS-PR-012: Student Protection /strategic/eppr/students/smspr012/
• SCM-PR-006: Hostile People of School Premises, Wilful Disturbance and Trespass /strategic/eppr/schools/scmpr012/
• Managing Performance - Teaching Staff and School Leaders /strategic/eppr/health/hlspr001/mpteachers.html
• Manual for the Management of Minor Breaches of the Code of Conduct /strategic/eppr/health/hlspr001/conductbreach.html

Statement of intent

Smoking is prohibited at all times in any of the following locations or situations relating to DET workplaces:

• In the grounds of all schools, outdoor/environmental education centres and TAFE institutes except where permitted in a smoking policy developed by the TAFE institute;
• In shared accommodation (except residential housing such as teacher or Public Service housing);
• In any departmental vehicles including cars, buses, boats or tractors (except private-plated vehicles);
• In all non-residential enclosed spaces either owned or leased by the Queensland Government including but not limited to office spaces, car parks, basement areas, stairwells, fire escapes, lifts and lunch rooms/cafeterias;
• In related outdoor spaces including but not limited to thoroughfares to government buildings specifically within four metres of any part of an entrance or exit to a building, on rooftops, balconies, external fire escapes, access ramps and loading bays;
• Within 4m of any part of an entrance or air conditioner intakes to an enclosed or substantially enclosed place (including the footpath outside a workplace, if that falls within 4m of the entrance to a workplace);
• Within 10m of any part of children's playground equipment (including the footpath outside a school, if that falls within 10m of any part of children's playground equipment).
• In the presence of students on school camps or school/TAFE excursions or other activities.

The smoking prohibitions apply to all persons including all employees of the Queensland Government, students, family members, visitors, volunteers, contractors and employees of any other organisation.

Permanent signage relevant to the individual requirements of the workplace and\or at specific locations as outlined above should be erected, as appropriate. 

Staff may smoke at locations other than the prohibited places specified above but as smoking breaks do not constitute recognised paid work, smoking breaks should only be taken in accordance with work unit meal breaks and rest pauses.

These restrictions support the intent of the Tobacco and Other Smoking Products Act 1998 (Qld) and the Workplace Health and Safety Act 1995 (Qld) to ensure a healthier physical environment for employees, students and all those visiting or conducting business on DET premises and the Toward Q2 - Tomorrow's Queensland ambition to make Queenslanders Australia's healthiest people.

This procedure should be read in conjunction with the Queensland Government Smoking Policy .

Responsibilities

• develop a smoking policy specific to the local environment and needs of the TAFE institute. The policy should specify whether or not smoking is permitted in the grounds and, if so, where it is allowed.

• communicate the provisions of the institute's smoking policy to institute employees and other stakeholders on a regular basis
• ensure all new employees are informed at induction of the institute's smoking policy, the locations where smoking is permitted and the requirements that smoking breaks should be taken in accordance with work meal breaks and rest pauses
• ensure appropriate signage is fixed at nominated smoking places if specified by the institute's smoking policy.

• communicate the prohibitions on smoking on school/institute premises and in other work-related situations as specified above to school/institute employees and other stakeholders on a regular basis
• ensure all new employees are informed at induction of the prohibition on smoking on school/institute premises and in other work-related situations as specified above and the requirement that any breaks taken for smoking outside the workplace should be taken in accordance with work unit meal breaks and rest pauses.
  

• communicate the provisions of this policy prohibiting smoking at workplace locations and in other work-related situations as specified above to employees and other stakeholders on a regular basis
• ensure all new employees are informed at induction of the restrictions on smoking on departmental premises and in other work-related situations as specified above and the requirement that any breaks taken for smoking should be taken in accordance with work unit meal breaks and rest pauses.
  

• ensure all role descriptions for positions at the workplace reference the departmental smoking policy with the following wording:
  Smoking is prohibited in all Queensland Government buildings, offices and motor vehicles and in the grounds of all schools, outdoor\environmental education centres and TAFE institutes except those institutes where smoking is permitted in the grounds as authorised by the institute's smoking policy.
• ensure information about the smoking policy applicable to the workplace is included in all contractual arrangements with contractors
• raise awareness and promote medically endorsed messages that reinforce the benefits to staff of ceasing or reducing smoking. Within the workplace, visibly support quit smoking messages and strategies to reduce smoking by:
  • displaying in appropriate staff common areas materials and information that encourage staff to cease or reduce smoking. Examples of this material can be found at Cancer Council Queensland Tobacco and Smoking Resource or National Tobacco Campaign - Quitters Page
  • participating in campaigns and initiatives either sponsored by the department, Queensland Health or other organisations as appropriate, that aim to reduce smoking. A current quit smoking program can be found at Creating Healthier Workplaces
  • supporting and referring employees and others who want to quit smoking to appropriate information and resources such as the National Tobacco Campaign or the Cancer Council Queensland .
• ensure that the smoking policy implemented in shared premises is consistent with the smoking policies of other departments within the building
• negotiate, in consultation with Infrastructure Services representatives as necessary, with the building owner or landlord of leased departmental buildings and offices regarding the implementation of this policy including the placement of signs;
• ensure, in consultation with Infrastructure Services representatives as necessary, permanent signage outlining the smoking policy for the workplace is fixed at all entrances to the grounds of schools, outdoor/environmental education centres and TAFE institutes, all prohibited locations as specified above and, as required, any locations where unauthorised smoking is likely to occur
• ensure No Smoking signage is erected and a smoking ban strictly enforced near any locations where gas cylinders or other flammable materials are stored
• place at least one permanent internal wall sign  stating the smoke-free policy for the building in the ground floor foyer of any departmental building where lifts are installed
• ensure employees are aware that failure to adhere to the requirements outlined in this procedure could constitute a possible breach of the department's Code of Conduct and refer to the Code of Conduct where an employee's work performance is adversely affected by smoking
• apply disciplinary processes as a response to breaches of this policy only where all other action fails and at a level proportionate to the nature of the breach
• manage any reported breach of this procedure by departmental staff through usual management processes including:
  • informal counselling and guidance
  • HRM-PR-047: Managing Unsatisfactory Performance (excluding school based teachers and principals) or Managing Performance - Teaching Staff and School Leaders if the smoking is affecting an employee's performance
  • SMS-PR-012: Student Protection where the smoking occurred in close proximity to students
  • the Manual for the Management of Minor Breaches of the Code of Conduct in the case of repeated instances of a staff member smoking in a prohibited location.
• ensure any reported breach of this procedure by students is managed in accordance with the school's Responsible Behaviour Plan for Students or the TAFE Queensland Student Rules as appropriate
• manage, in consultation with Infrastructure Services representatives if necessary, any reported breach of this procedure by contractors in accordance with the process applicable under the relevant contractual arrangements
• manage situations involving persons visiting school or other departmental facilities, who when requested, refuse to cease smoking and/or use threatening, abusive or insulting language, in accordance with the provisions of the procedure SCM-PR-006: Hostile People on School Premises, Wilful Disturbance and Trespass or other relevant procedure or arrangements applicable to the workplace
• notify Queensland Health to report behaviour of persons refusing to cease smoking if they are outside departmental grounds or buildings and:
  • within 4m of a building entrance; or
  • within 10m of any part of children's playground equipment.

• inform any students, visitors, parents, clients or contractors found smoking in smoking-prohibited locations or situations of the restrictions on smoking and request that they cease immediately
• immediately notify the principal, director, person-in-charge or relevant senior staff member if a client, visitor, parent or contractor refuses to cease smoking and/or becomes threatening, abusive or insulting
• manage any breach of this procedure by students in accordance with the school's Responsible Behaviour Plan for Students or the TAFE Queensland Student Rules as appropriate
• notify, in writing, the principal, director, relevant person-in-charge or delegated person of instances of staff members or other persons sighted smoking in smoking - prohibited locations or situations and the relevant circumstances (ie. identity - if known, location, proximity to students).
  

Forms

• Not Applicable

• Not Applicable

Other relevant documents

• Signage/strategic/eppr/health/hlspr001/signage.html
• Managing Performance - Teaching Staff and School Leaders/strategic/eppr/health/hlspr001/mpteachers.html
• Manual for the Management of Minor Breaches of the Code of Conduct/strategic/eppr/health/hlspr001/conductbreach.html
• Creating Healthier Workplaces http://education.qld.gov.au/health/working-well/index.html
• National Tobacco Campaign http://www.quitnow.info.au/
• Cancer Council Queensland http://www.cancerqld.org.au/page/prevention/smoking_and_tobacco

Contacts

For further information, please contact:

• HS-04: Total Ban on Smoking in Government Buildings and Offices - Version: 1.0
• HLS-PR-001: Creating Smoke-Free Environments - Version: 1.0, 2.0