Employees who are uncomfortable with exposure to cigarette smoke or become ill because of the smoking of the employer or personnel within the workplace have recourse from lodging a grievance against the culprits to claiming constructive dismissal.
In terms of Section 24 of the Constitution of the Republic of South Africa, every person has the right to an environment that is not harmful to their health.
This must be read along with the Occupational Health and Safety Act and the Tobacco Products Control Amendment Act, which places both a moral and a legal obligation on employers to create and sustain a healthy workplace.
Any employee retains the right to object to unregulated and persistent smoking in the workplace and should object without fear of retaliation by co-workers or the employer.
Employers must ensure that there is a workplace policy that regulates where and when smoking may take place to accommodate smoker personnel.
Smoking in public areas is prohibited by law, and any designated smoking areas should be clearly stipulated and cannot exceed 25% of the total office floor space of the workplace.
It is recommended that the personnel do not smoke within 8 (eight) metres of the main office building, nor in front of the main doors/entrance leading inside the building, nor near open windows or balconies or within covered parking areas.
To find out how SEESA can help your business visit our website for more:
“SMS” the word “SEESA” to 45776 with your query and a professional Legal Advisor will contact you!
#TeamSEESA