Media release: February 10, 2006
The
NSW government, in a deal with the AHA and Clubs, has left bar workers exposed
to secondhand smoke - even beyond the mid-2007 deadline for “total” indoor
smoke bans.
The
SmokeFree Australia* coalition of employee and health groups says it’s
“deeply disappointed” by yesterday’s announcement by Assistant Health
(Cancer) Minister Frank Sartor that pubs and clubs can continue to allow smoking
in rooms up to 75% enclosed indefinitely.
Says
SmokeFree Australia co-ordinator Stafford Sanders: “Mr Sartor’s announcement
will give NSW bar workers, entertainers, musicians and gaming machine
maintenance technicians little joy - providing
them less protection than almost any other state.
“The
announcement of fines of up to $5000 for smoke drift into smokefree areas is
welcome, and may help to ensure venues try to keep smoking areas separate. But
this will depend on individual complaints.
“The
smoking areas themselves can still be up to 75% enclosed – that’s far too
high – and workers will still be expected to work long hours in these
dangerously toxic areas, despite OH&S laws.
“We
appreciate the need for certainty – but a weak percentage-based formula does
not provide that. It’s a recipe for confusion and evasion of the smokefree
laws.
“NSW
could have followed other states like Queensland and Tasmania, and simply banned
smoking from all areas where people have to work. We’ve been urging them to do
this for more than a year. We’re baffled and exasperated that NSW has ignored
this course.
“Why
is NSW putting itself among the slowest and weakest states? Why has the
enclosure allowance been left so high? Why is there no provision for smoking
areas to be unserviced? Who lobbied the government to deny workers protection?
And why did the government agree to that, without ever meeting with us on this?
“Could
this be at the behest of the hotels and clubs associations’ lobbying –
backed by their political donations?
“It
now needs to be spelled out to hospitality employers that this decision does not
let them off the hook – they still have a legal duty to provide a safe
workplace, which means they should not expect anyone to work in areas where
smoking is going on, however enclosed or unenclosed. If they do, they’re in
breach of the Occupational Health and Safety Act, and they risk legal action by
employees and patrons harmed by the proven hazards of passive smoke. There have
been two such actions in recent years, ending in big payouts.
“We
will continue to work hard for proper protection of hospitality workers –
until they enjoy the same protection all employees are entitled to under
existing OH&S laws.”
Comment:
Stafford Sanders, SmokeFree Australia, m. 0412-070-194;
Anne Jones, ASH, m. 0417-227-879
SmokeFree Australia coalition
for clean safe workplaces:
Liquor,
Hospitality and Miscellaneous Workers’ Union; Musicians’ Union of Australia; Media, Entertainment and Arts Alliance; Australian Council of
Trade Unions; Action on Smoking and Health Australia; The Cancer Council
Australia; National Heart Foundation of Australia; Australian Council on Smoking
and Health; Non-Smokers’ Movement of Australia; Australian Medical
Association; Asthma and Allergy Research Institute.