Media release:                                                                         August 27, 2009

Call to end tobacco smoke’s “de facto OHS exemption”

 Workplace Safety Summit urged to protect workers from deadly hazard

The National Workplace Safety Summit in Brisbane has been told today (August 27) that thousands of Australian workers are still being exposed to toxic and carcinogenic tobacco smoke hazards - under “de facto exemption” from Occupational Health and Safety laws.

The Summit has been urged to seek stronger measures to protect workers and patrons from “ Australia ’s protected workplace killer”, secondhand smoke (SHS).

The SmokeFree Australia coalition of employee and health organisations has told the summit SHS is at least partly exempted in practice from OHS rights and duties in all Australian jurisdictions.

Presenting the session, SmokeFree Australia co-ordinator Stafford Sanders said: “Decades after adoption of OHS laws, thousands of Australian workers – food and drink service and gaming workers, entertainers, cleaners and more – are exposed daily to tobacco’s 250-plus toxics, including 43 carcinogenic to humans.

“This exposure is happening every day in gaming rooms, pubs, clubs, dining areas and other workplaces – with the tacit blessing of work safety authorities who require only the ‘management’, not the elimination, of this preventable workplace hazard.

“This situation conflicts with Australia ’s commitment to an international treaty, as well as with OHS and disability discrimination legislation. It contrasts strikingly with our banishment of other toxics.

“While some jurisdictions – notably Queensland and most recently ACT – have almost eliminated SHS from working areas, others have turned a blind eye to it because of revenue arguments mounted by powerful employers claiming a right to compromise employees’ and patrons’ health.

“Many of the workers most at risk are low-paid and low-security - casuals and contractors who don’t dare complain about the unhealthy conditions for fear of losing shifts or gigs.

“The consequence of this situation is increased risk of heart attacks, strokes, cancers, respiratory disease and much more. This risk is entirely preventable.

“It’s time for all governments – with federal co-ordination as necessary in line with our international treaty obligations – to legislate to ensure that all working areas are 100% smokefree, with no-one working in any smoky area, whether it’s enclosed, partly enclosed or unenclosed.

“This has gone on for far too long. A safe workplace is a basic right for all - it should not be compromised for anyone’s profit.”

Comment:             Stafford Sanders, SmokeFree Australia             ph. (02) 9334-1823    m. 0412-070-194

* SmokeFree Australia coalition for clean safe workplaces:
Action on Smoking and Health Australia; Asthma and Allergy Research Institute; Australian Council of Trade Unions;
Australian Council on Smoking and Health; Australian Medical Association; Cancer Council Australia; Heart Foundation;
Liquor, Hospitality and Miscellaneous Workers’ Union;  Media, Entertainment and Arts Alliance; Musicians’ Union of Australia; 
Non-Smokers’ Movement of Australia

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