Barberton Mines is committed in providing a safe and healthy working environment for all employees and visitors to it premises, surroundings and underground environment
According to the World Health Organization, scientific evidence has firmly established that there is no safe level of exposure to second-hand tobacco smoke, a pollutant that causes serious illness in adults and children, and that implementing 100% smoke free environments is the only effective way to protect the population from harmful effects of exposure to second-hand smoke
E- cigarettes produce a vapor of undetermined and potentially harmful substances, which may appear similar to smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products id prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. In South Africa, smoking in the workplace is regulated by the Tobacco Products Control Act (Act 12 of 1993) and the Tobacco Products Amendment Act (Act 12 of 1999)
BML as an employer is obligated to take steps to protect its non-smoking employees frorn the smoke of smokers.
Section 6,7,8,9: Tobacco Control Act
Section 6: An employer, owner, licensee, lessee or person in control of a public place must ensure that no person smokes anywhere other than in the designated smoking area in that public place.
Section 7: An employer must ensure that:-
(a) Employees who do not want to be exposed to tobacco smoke in the workplace are protected from tobacco smoke in that workplace; and
(b) employees may object to tobacco smoke in the workplace without retaliation of any kind
Section 8: Employers must have a written policy on smoking in the workplace, and the policy must n three months form the date of coming in operation of the Tobacco Products Control Amendment Act,
1999 (Act No. 12 of 1999)
Section 9: Any employer, owner, licensee, lessee or person in control of any public place or part of an public place may totally prohibit smoking in that place
BML /owner is entitled to ban smoking completely in his building or in the underground workplace if he wishes to, and he can designate any area of his chaise to be a smoking area should he feel like it. The employer is under no obligation to provide alternative smoking area in the event of inclement weather. In short the Employer is under no obligation to facilitate the addiction of the smoker to the drug nicotine source labourguide.co.za
THE INDIVIDUAL: CESSATION OF SMOKING
Barberton Mines acknowledge that smoking is addictive and smokers can find it difficult to stop (Refer to Annexure 1)
ROLES AND RESPONSIBILITIES
All underground employees/contractors/sub-contractors/visitors regardless for their visits underground share in the responsibility for adhering to and enforce this procedure.
LEGISLATIVE AND REGULATORY FRAMEWORK
- Tobacco Products Control Act, 1993 (Act 83 of 1993)
- Tobacco Products Control Amendment Act (Act 12 of 1999)
- Occupational Health and Safety Act, 1993 (Act 85 of 1993)
- Constitution of the Republic of South Africa, Section 24