Occupational Safety and Health Amendment Regulations (No. 2) 1997 (WA)

22 July 19971	GOVERNMENT GAZETTE, WA	3839
WOR KSA FE
WS301

OCCUPATIONAL SAFETY AND HEALTH ACT 1984

OCCUPATIONAL SAFETY AND HEALTH AMENDMENT

REGULATIONS (No. 2) 1997

Made by the Lieutenant-Governor and deputy of the Governor in Executive

Council.

Citation

1.     These regulations may be cited as the Occupational Safety and Health

Subdivision 1 — Atmosphere and respiratory protection generally f f

Amendment Regulations (No. 2) 1997.

Commencement

2.      These regulations come into operation on 1 August 1998.

Principal regulations

3. In the se regulations the Occupational Safety and Health

Regulations 1996* are referred to as the principal regulations.

1* Published in Gazette 27 September 1996, p. 4837-5080.

For amendments to 9 July 1997 see Gazette 10 June 1997, p. 2670-1.1

Subdivision heading inserted in Division 3 of Part 3

4.      After the heading to Division 3 of Part 3 of the principal regulations the

following Subdivision heading is inserted —

4t

3840 GOVERNMENT GAZETTE, WA [22 July 1997

Regulation 3.37 amended

5.     Regulation 3.37 of the principal regulations is amended by deleting

"Division" and substituting the following -

Subdivision

Subdivision 2 inserted in Division 3 of Part 3

6.     After regulation 3.44 of the principal regulations the following

Subdivision is inserted -

Subdivision 2 - Protection from tobacco smoke

Definitions

3.44A. In this Subdivision -

"designated smoking area" means an area of a workplace

designated under regulation 3.44C (1) to be an area in "enclosed", in relation to a workplace, means a workplace that has a ceiling or roof and walls or other vertical covering so that when the existing closeable windows and doors and other passageways are closed, the workplace is completely or substantially enclosed; and the fact that an existing closeable window door or passageway is open at any particular time does not determine whether or not the workplace is enclosed for the purposes of this Subdivision; which persons may smoke;

"smoke" means to smoke, hold or otherwise have control of

ignited tobacco, whether by way of -

a cigarette cigar or any other product the main, or a

(a)	substantiaf, ingredient of which is tobacco; or
(b)	an implement containing tobacco or any other product

the main, or a substantial, ingredient of which is

tobacco.

Smoking prohibited in enclosed	workplaces except in
designated smoking areas

3.44B. (1) A person who, at an enclosed workplace, is an employer, a self-employed person or an employee must not smoke in the enclosed workplace.

Penalty: $5000.

(2) A person does not commit an offence under subregulation (1) if,

proof of which is on the person -

(a)	the person smokes in a designated smoking area;
(b)	the person is not working at the time he or she smokes; and
(c)	designated area when the employer is smoking. in the case of an employer, no employee is working in the

Designated smoking areas

3.44C.

employer or a person having control of the workplace may, subject to	(1) A person who, at a workplace which is enclosed, is an
subregulation (2), designate an area of the workplace to be an area in	which persons may smoke.

22 July 19971 GOVERNMENT GAZETTE, WA 3841

or a person having control of the workplace must not designate an area (2) A person who, at a workplace which is enclosed, is an employer of the workplace to be an area in which persons may smoke unless —

(a)	the area is designed or arranged so that tobacco smoke from the area does not enter any other part of the workplace; and
(b)	there is provided an exhaust system that effectively extracts tobacco smoke from the area and which is arranged so as to prevent circulation of the extracted tobacco smoke into any part of the workplace.

Penalty applicable to subregulation (2): $25 000.

Notice to be given as to restrictions on smoking

3.44D. A person who, at a workplace which is enclosed, is an employer or a person having control of the workplace must ensure that notice is given or displayed to persons working in the enclosed workplace to the effect that smoking by those persons is prohibited in the enclosed workplace.

Penalty: $25 000.

Persons not to work in designated smoking areas when persons are smoking in that area

employer must ensure that no employee is required to work in a	3.44E. (1) A person who, at a workplace which is enclosed, is an
designated smoking area when a person is smoking in that area.

Penalty: $25 000.

(2)

A person who, at a workplace which is enclosed, is a

self-employed person must not work in a designated smoking area when
a person is smoking in that area.

Penalty: $25 000.

Inspectors may require persons to stop smoking

3.44F. person is smoking in contravention of regulation 3.44B the inspector (1) If an inspector has reasonable cause to believe that a

may require the person to extinguish the cigarette, cigar or other

tobacco product that the person is smoking.

made under subregulation (1). (2) A person must comply with a requirement of an inspector

Penalty applicable to subregulation (2): $5 000.

•

By Command of the Lieutenant-Governor and deputy of the Governor,

J. PRITCHARD, Clerk of the Executive Council.