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“
Health
and employee organisations have slammed a proposed ACT regulation
which would allow mostly-enclosed areas to avoid the “total”
indoor smoking ban in licensed venues. The
regulation under the Smoke Free Areas (Public Places) Act, tabled on
October 18, would allow areas almost 75% enclosed to avoid the
definition of “enclosed” areas – and continue to allow smoking
even beyond the end of 2006. Action
on Smoking and Health (ASH) Australia says the regulation would be a
backward step for the ACT, compromising the health of workers and
patrons. Says
ASH CEO Anne Jones: “This
regulation would leave ACT bar workers, musicians, entertainers and
gaming machine technicians exposed to proven harmful levels of
secondhand smoke. It
would undermine and conflict with the Occupational Health and Safety
Act, which is supposed to protect all workers from unsafe workplaces. “It
would not be a health regulation at all – in that it would not be
based on any credible health evidence. There is no evidence that
secondhand smoke in mostly-enclosed spaces is safe – on the
contrary, significant and dangerous levels of exposure have been
recorded in even crowded outdoor places adjacent to smoking areas. “All
reputable health authorities, from the World Health Organisation down,
agree that the only way to deal safely with secondhand smoke is to
eliminate it from workplaces. “The
regulation would also continue the discrimination against people with
smoke-affected disabilities, including heart and respiratory
conditions, who can neither work in nor patronise smoky venues. “Weakening
the law in this way would leave venues open to legal action, and would
create public confusion and widespread evasion of the smoke ban.
Business would suffer as a result. “It’s
disappointing and disturbing that the ACT government is persisting
with this discredited course, when far better models are available. In
Queensland for example, from mid-2006 any remaining smoking areas will
be outdoors, separate from main buildings and unserviced by any staff
while smoking is continuing. There is no good reason why the ACT
can’t adopt similar legislation. “Public
opinion in the ACT, measured by recent polls, supports quick and total
smoke bans in licensed venues, and is opposed to weakening the
legislation in this way. “We
call on all ACT Assembly members to reject this regulation in support
of public health, occupational safety, health evidence, legal
consistency, and public opinion.” See
75%
enclosed loophole regulation Comment: |
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Page last updated 25/10/05 |
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