Workers can refuse to enter smoking area

Employees may refuse to enter a smoking area once the smoking ban comes into force, Occupational Health and Safety Authority (OHSA) chairman Joanna Drake said yesterday.

Speaking to The Times, Dr Drake said the regulations oblige employers to provide separate areas for smoking.

A blanket smoking ban in public places was due to come into force on April 5. However, in the wake of protests from businessmen, Health Minister Louis Deguara last week announced that the government was giving bars and restaurants measuring more than 60 square metres up to six months to come in line with the law and designate specific smoking areas. Establishments under 60 square metres are being given until April next year to install air purification equipment.

Other public places, including government departments and offices, are however bound by the regulations as from April 5.

Dr Drake said the local regulations were modelled on EU ones. But it was left to member states to choose the method by which to reach the objective, which was to prohibit smoking in dangerous places and to prevent non-smokers suffering from discomfort caused by second-hand smoke.

When contacted, OHSA chief executive Mark Gauci said the regulation lays down that an employee may refuse to work in places where there is imminent danger. However, it is not clear whether smoking would be classified as an imminent danger.

Dr Gauci explained that section 28 of the workplace regulations obliges employers to identify "physically separate" areas where smoking is allowed, in a bid to protect non-smokers from tobacco smoke.

Asked what employees who feel their rights are being breached should do, Dr Gauci said the authority recommends an attempt to reach an arrangement between the employer and the employee. However, he said, if this does not happen, the OHSA can take up the issue.

Dr Gauci said the OHSA tried to raise awareness about all health and safety issues, including smoking, exposure to chemicals, muscular problems and stress. Its officials also carried out random checks in workplaces and spoke to employees, not in the presence of the employer.

Dr Drake stressed the importance of raising awareness. "It is a priority of the OHSA to increase awareness about health and safety issues," she said.

Employers should appoint a health and safety representative, whose duty would be to gather complaints, give advice and also report to the OHSA, she said.