Work Health and Safety Regulations Amendment (E-cigarettes) Regulations 2025 (WA)

Western Australia

Work Health and Safety Act 2020

Work Health and Safety Regulations Amendment (E-cigarettes) Regulations 2025

Western Australia

Work Health and Safety Regulations Amendment (E-cigarettes) Regulations 2025 Contents Work Health and Safety Act 2020

Work Health and Safety Act 2020

Work Health and Safety Regulations Amendment (E‑cigarettes) Regulations 2025

Made by the Governor in Executive Council.

Part 1 – Preliminary1.Citation

These regulations are the Work Health and Safety Regulations Amendment (E‑cigarettes) Regulations 2025.

2.Commencement

These regulations come into operation as follows —

• (a)

  Part 1 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on the day after that day.

Part 2 – Work Health and Safety (General) Regulations 2022 amended3.Regulations amended

This Part amends the Work Health and Safety (General) Regulations 2022.

4.Part 3.2 Division 7A heading replaced

Delete the heading to Part 3.2 Division 7A and insert:

Division 7A — Tobacco products and e‑cigarettes

5.Regulation 50A amended

• (1)

  In regulation 50A delete the definition of smoke.

• (2)

  In regulation 50A insert in alphabetical order:

   

e‑cigarette means a device that is designed to generate or release smoke, vapour or other aerosol (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product;

smoke means to consume, hold or otherwise have control over —

• (a)

  an ignited or heated tobacco product; or

• (b)

  an e‑cigarette that is generating or releasing (whether or not by burning) smoke, vapour or other aerosol;

   

6.Regulation 50H amended

Delete regulation 50H(1) and insert:

• (1)

  If an inspector has reasonable cause to believe that an individual is smoking in contravention of regulation 50D(1), the inspector may require the individual to —

  • (a)

    in the case of an individual smoking an ignited or heated tobacco product —

    • (i)

      extinguish the tobacco product; or

    • (ii)

      extinguish or turn off the heat source that is heating the tobacco product;

  or

  • (b)

    in the case of an individual smoking an e‑cigarette — stop smoking the e‑cigarette.

     

Note: The heading to amended regulation 50H is to read:

Inspectors may require individuals to stop smoking

7.Regulation 50I replaced

Delete regulation 50I and insert:

50I. Exposure to second‑hand smoke

• (1)

  In this regulation —

second‑hand smoke means smoke, vapour or other aerosol that is —

• (a)

  exhaled by an individual smoking a tobacco product or e‑cigarette; or

• (b)

  created by a tobacco product or e‑cigarette.

• (2)

  A person conducting a business or undertaking at, or a person with management or control of, an enclosed workplace must ensure, so far as is reasonably practicable, that persons at the workplace are not exposed to either or both of the following —

  • (a)

    second‑hand smoke;

  • (b)

    a tobacco or nicotine by‑product.

Penalty for this subregulation:

• (a)

  for an individual, a fine of $7 000;

• (b)

  for a body corporate, a fine of $35 000.

   

Part 3 – Work Health and Safety (Mines) Regulations 2022 amended8.Regulations amended

This Part amends the Work Health and Safety (Mines) Regulations 2022.

9.Part 3.2 Division 7A heading replaced

Delete the heading to Part 3.2 Division 7A and insert:

Division 7A — Tobacco products and e‑cigarettes

10.Regulation 50A amended

• (1)

  In regulation 50A delete the definition of smoke.

• (2)

  In regulation 50A insert in alphabetical order:

   

e‑cigarette means a device that is designed to generate or release smoke, vapour or other aerosol (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product;

smoke means to consume, hold or otherwise have control over —

• (a)

  an ignited or heated tobacco product; or

• (b)

  an e‑cigarette that is generating or releasing (whether or not by burning) smoke, vapour or other aerosol;

   

11.Regulation 50H amended

Delete regulation 50H(1) and insert:

• (1)

  If an inspector has reasonable cause to believe that an individual is smoking in contravention of regulation 50D(1), the inspector may require the individual to —

  • (a)

    in the case of an individual smoking an ignited or heated tobacco product —

    • (i)

      extinguish the tobacco product; or

    • (ii)

      extinguish or turn off the heat source that is heating the tobacco product;

  or

  • (b)

    in the case of an individual smoking an e‑cigarette — stop smoking the e‑cigarette.

     

Note: The heading to amended regulation 50H is to read:

Inspectors may require individuals to stop smoking

12.Regulation 50I replaced

Delete regulation 50I and insert:

50I. Exposure to second‑hand smoke

• (1)

  In this regulation —

second‑hand smoke means the smoke, vapour or other aerosol that is —

• (a)

  exhaled by an individual smoking a tobacco product or e‑cigarette; or

• (b)

  created by a tobacco product or e‑cigarette.

• (2)

  A person conducting a business or undertaking at, or a person with management or control of, an enclosed workplace must ensure, so far as is reasonably practicable, that persons at the workplace are not exposed to either or both of the following —

  • (a)

    second‑hand smoke;

  • (b)

    a tobacco or nicotine by‑product.

Penalty for this subregulation:

• (a)

  for an individual, a fine of $7 000;

• (b)

  for a body corporate, a fine of $35 000.

   

N. HAGLEY, Clerk of the Executive Council