Lesson 3 – Guiding Principle

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
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