❓ Hon Giz Watson questions the Minister for Consumer and Employment Protection regarding the development of a code of practice to protect workers from passive smoking in venues with exemptions under the Health (Smoking in Enclosed Public Places) Regulations 1999. The Minister outlines the process for developing the code and confirms it will extend to musicians and entertainers.
AnsweredQoN 1179Legislative Council
QuestionView source ↗
The legal obligations under occupational health and safety laws, disability discrimination, workers’ compensation and common law require all workplaces to be safe and without health risks.
Exemptions under the
Health (Smoking in Enclosed Public Places) Regulations 1999
for pubs, clubs, and the Casino, however, place workers and patrons of these venues at considerable risk as passive smoking is unavoidable.
During the very heated debate on these regulations, the ALP expressed strong criticism of the regulations, which it considered to be weak and failing to ‘safeguard the health of workers’. At the time, the Member for Nollamara highlighted that ‘wherever people smoke in public places there will be workers. Those workers, therefore, will be subjected to environmental tobacco smoke.’ The Member also highlighted the risk of litigation for those venues that continued to allow smoking on their premises.
Would the Minister clarify -
(1) The process by which WorkSafe will develop the code of practice on the duty of care and worker health and safety that the previous Minister for Health advised the Parliament will be operational within 12 months?
(2) How the development of the code will protect bar workers who under the Government’s proposed amendments to the regulations will continue to be exposed to environmental tobacco smoke?
(3) Whether the code will extend to people other than bar workers, namely musicians and other entertainers that work in hotels, nightclubs and the casino?
Exemptions under the
Health (Smoking in Enclosed Public Places) Regulations 1999
for pubs, clubs, and the Casino, however, place workers and patrons of these venues at considerable risk as passive smoking is unavoidable.
During the very heated debate on these regulations, the ALP expressed strong criticism of the regulations, which it considered to be weak and failing to ‘safeguard the health of workers’. At the time, the Member for Nollamara highlighted that ‘wherever people smoke in public places there will be workers. Those workers, therefore, will be subjected to environmental tobacco smoke.’ The Member also highlighted the risk of litigation for those venues that continued to allow smoking on their premises.
Would the Minister clarify -
(1) The process by which WorkSafe will develop the code of practice on the duty of care and worker health and safety that the previous Minister for Health advised the Parliament will be operational within 12 months?
(2) How the development of the code will protect bar workers who under the Government’s proposed amendments to the regulations will continue to be exposed to environmental tobacco smoke?
(3) Whether the code will extend to people other than bar workers, namely musicians and other entertainers that work in hotels, nightclubs and the casino?
AnswerView source ↗
Answered
16 September 2003
Responded by
Minister for Housing and Works representing the Minister for Consumer and Employment Protection
Response time
25 days
The WorkSafe Western Australia Commission, the Department of Consumer and Employment Protection (WorkSafe Division) and the Department of Health are working together to implement the Government’s decision. Section 57 of the Occupational Safety and Health Act allows for the issuance of a code of practice by the Minister upon the recommendation of the WorkSafe Commission. The WorkSafe Commission develops and issues codes for the purpose of providing practical guidance to employers, self-employed persons, employees and other persons on whom a duty is imposed under Part III of the OS&H Act to comply with provisions of both the Act and the Regulations. In developing a code of practice, a period of public comment is sought to enhance the process. (3) Yes.
Section 57 of the Occupational Safety and Health Act allows for the issuance of a code of practice by the Minister upon the recommendation of the WorkSafe Commission. The WorkSafe Commission develops and issues codes for the purpose of providing practical guidance to employers, self-employed persons, employees and other persons on whom a duty is imposed under Part III of the OS&H Act to comply with provisions of both the Act and the Regulations. In developing a code of practice, a period of public comment is sought to enhance the process. (3) Yes.
The WorkSafe Commission develops and issues codes for the purpose of providing practical guidance to employers, self-employed persons, employees and other persons on whom a duty is imposed under Part III of the OS&H Act to comply with provisions of both the Act and the Regulations. In developing a code of practice, a period of public comment is sought to enhance the process. (3) Yes.
(3) Yes.
Section 57 of the Occupational Safety and Health Act allows for the issuance of a code of practice by the Minister upon the recommendation of the WorkSafe Commission. The WorkSafe Commission develops and issues codes for the purpose of providing practical guidance to employers, self-employed persons, employees and other persons on whom a duty is imposed under Part III of the OS&H Act to comply with provisions of both the Act and the Regulations. In developing a code of practice, a period of public comment is sought to enhance the process. (3) Yes.
The WorkSafe Commission develops and issues codes for the purpose of providing practical guidance to employers, self-employed persons, employees and other persons on whom a duty is imposed under Part III of the OS&H Act to comply with provisions of both the Act and the Regulations. In developing a code of practice, a period of public comment is sought to enhance the process. (3) Yes.
(3) Yes.
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