ENDING EXEMPTIONS FOR SMOKING IN GAMBLING AREAS

Briefing paper by ASH Australia and SmokeFree Australia, September 2011

The issue

Reform is urgently needed to end exemptions that allow smoking to damage the health of patrons and staff working in gambling rooms and areas in casinos, pubs and clubs. 

Background

Governments that rely heavily on gambling revenue have for several years delayed ending exemptions for smoking in gambling rooms and areas - contrary to legal obligations under OHS laws, the NOHSC Guidance Note[1] and the Framework Convention on Tobacco Control (art. 8).[2]

Managers of gambling venues are fully aware of the health risks for staff caused by tobacco smoke but are fearful that separating smoking from gambling may have an adverse economic impact on gambling profits in the short term.

Problem Gambling groups support smokefree gambling venues as a measure to reduce problem gambling and to provide a healthier environment for both patrons and staff.

Current exemptions

1.     High Roller Rooms in casinos 
(NSW, NT, Qld, Vic, WA)

• Certain gambling rooms (premium/high roller and ”private”) continue to view smoking as exempt from smokefree workplace laws.

• 3 jurisdictions (ACT, SA, Tas) have ended this exemption; but 5 have not: NSW, NT, Qld, Vic and WA. NSW exempt “private” rooms in 2008 were increased from 3 to 7.

• The Queensland government has urged the Australian Health Ministers' Advisory Council (AHMAC) to set an agreed end-date but so far there has been no agreement. 

2.  Gambling and smoking in “outdoor” pub and club areas 
      (NSW, ACT, SA, Tas, WA)

• In most jurisdictions, smoking is still permitted in many “outdoor” / “unenclosed” areas, which can be as much as 75% enclosed (ACT, NSW, Vic); 70% (SA); or 50% (WA). 

• NT, Qld and Vic have banned gambling machines from smoking-permitted pub and club areas; but others have not, gambling and smoking continuing in mostly-enclosed areas – widespread in NSW; some in Tas and WA (both soon to end) ACT, and most recently SA.

• NSW Health Air Quality survey of 40 venues in 2008 showed not just some but most smoking-permitted areas of licensed venues are a public and workplace health hazard. Thousands of workers in such areas are still denied basic OHS rights other workers take for granted. At particular risk are bar and food service workers, cleaners, machine maintenance technicians, musicians and other entertainers, employees and contractors. Smoky areas also threaten the health of regular patrons, especially problem gamblers.[3]

Ten good reasons to end smokefree gambling exemptions

1. Medical evidence on tobacco smoke harm is overwhelming[4]

• SHS is a toxic workplace hazard with no safe exposure level. Research shows increased risk of heart/vascular disease, cancers, strokes, chronic respiratory disease, much more.  

• Research also shows risk of rapid and significant health harm from exposure in partly enclosed and unenclosed areas - especially when there is repeated/continuous exposure, such as for workers and regular patrons.

2. Consistency with preventive health strategies
Current workplace loopholes undermine smoking reduction measures. Workplace/social smoking is more likely to result in higher smoking rates and higher relapse rates. Need to support National Preventive Health Taskforce/Agency plan to reduce chronic diseases.

3. Consistency with international treaty commitment

All Australian governments are committed under the Framework Convention on Tobacco Control (FCTC) - under Article 8 to protect all people from SHS with comprehensive measures including effective smokefree laws; and under Article 5.3 to prevent tobacco industry interference.[5]  

4. Strong public support for smokefree environments
A 2007 national drug household survey[6] shows 82% public support for totally smokefree workplaces; and 77% for totally smokefree pubs and clubs.  

5. Consistency with OHS laws and rights
OHS laws should protect workers in workplaces. Tolerance of smoking in some working areas leads to anomaly of highly toxic SHS permitted while less hazardous substances eliminated. Exceptions for tobacco smoke compromise and undermine work safety authorities. Relying on individual complaints fails to protect where employees fear employer disfavour for complaining.

6. Consistency with disability discrimination laws and rights
People suffering from heart, respiratory or other relevant conditions (10% of community) are effectively barred from access and employment in smoky working areas by acute SHS risks.

7. Consistency with social equity aims
Employees most affected by SHS are likely to be from lower SES groups, with higher smoking prevalence contributing to further health inequalities. Gamblers, especially low SES, have been shown to have financial problems compounded by smoking.[7]

8. Establish parity between jurisdictions
Relevant laws and regulations differ between states and territories, contributing to health inequities across the country[8]. All jurisdictions should be aligned with best health practice.

9. Reduce costs
To government/taxpayers (health costs), businesses (illness, productivity loss, insurance, risk of expensive health-harm legal actions), individuals. Tobacco’s national cost burden is est. $31b pa.

10. Resist tobacco industry interference
Smokefree laws have been blocked, delayed or weakened under pressure from tobacco interest groups. The tobacco industry has funded smoking areas and rewarded tobacco vending machine installation. Tobacco and gambling industries work together to increase profits from smoking gamblers. Australia is committed under Article 5.3 of the FCTC (see above) to prevent tobacco industry interference in public health policy.

Action needed

While the possibility of addressing this problem through the Australian Health Ministers’ Conference has been raised, nothing has been done in almost a decade. The problem requires co-ordinated action at national level for a unified end to all gambling area exemptions from smokefree laws.

Benefits/outcomes

Ending smoking exemptions in workplaces can save lives, health and costs associated with smoking; protect workers from preventable harm; support Commonwealth initiatives under the Preventive Health Taskforce plan to reduce chronic diseases; decrease discrimination against people with disabilities; ensure consistency with international treaty commitments; allow work safety authorities to consistently enforce OH&S laws; and potentially reduce problem gambling.

Action on Smoking and Health Australia; 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;  Lung Institute of WA;
Media, Entertainment and Arts Alliance; Musicians’ Union of Australia; 
Non-Smokers’ Movement of Australia;

ASH Australia   153 Dowling St  Woolloomooloo    Ph. 9334-1823;  m. 0412-070-194     annej@ashaust.org.au; staffords@ashaust.org.au

Page last updated 10/3/11