❓ A parliamentary question regarding the protection of hospitality workers from environmental tobacco smoke, prompted by potential litigation risks and a recent study. The Minister acknowledges the issue and refers to ongoing reviews and existing regulations.
AnsweredQoN 844Legislative Assembly
QuestionView source ↗
The report on the front page of The West Australian today suggests that litigation by individuals suffering from smoking-inflicted diseases will be a frequent occurrence from now on with the obvious targets being both the tobacco industry and employers who expose their workers to tobacco smoke. In the minister’s response to my question last week, he indicated that the exemptions under the health regulations which purport to allow smoking in some hospitality venues do not override the provisions in the Occupational Safety and Health Act which require employers to protect employees from the hazards of environmental tobacco smoke. In the light of Professor Musk’s study at the Burswood Casino that demonstrates the risks to workers, and given the risk of litigation, will the minister now ask WorkSafe to act to protect workers in hospitality venues, such as pubs, clubs and nightclubs? The SPEAKER: I know it is difficult for Independent members who do not have the resources of parties to support them, but the question was far too long. I am sure that with a little bit of assistance from either the Clerks or her associates and colleagues, the member may be able to ask a more defined question. Even though it is question time, we want some time for answers. Mr KOBELKE
AnswerView source ↗
The protection of people from the very clear hazards of smoking, whether they be from smoking or from passive smoking, is a very important issue. The question went to the role of WorkSafe in enforcing the regulations. WorkSafe takes its role very seriously. It sets about educating people in hotels, bars and the casino where there are exemptions under the regulations put in place by the former Government. When people fail to comply, WorkSafe institutes full regulatory processes. That has happened on quite a number of occasions with prohibition notices and the like. All employers have a duty of care. The article on the front page of The West Australian very clearly points out that a whole range of cases have placed a very considerable liability on employers and companies who have not met their duty of care. Those companies should be aware that the opportunities exist. They should make sure that they take all the required precautions to look after people who are on their premises, whether they be patrons or employees. There is no internationally recognised exposure standard. There are certainly levels of risk. On the question of how we work that through the regulatory regime put in place by the former Government, the Minister for Health has established a health regulations review, which is under way. I understand that in the near future a discussion paper will be issued as part of that review process. We will not seek at this stage to pre-judge what the outcomes of that review will be. I hope that all interested parties will become involved in the review and make submissions to it. On that basis, we hope that we can take steps forward to protect people from the effects of smoking.
The SPEAKER: I know it is difficult for Independent members who do not have the resources of parties to support them, but the question was far too long. I am sure that with a little bit of assistance from either the Clerks or her associates and colleagues, the member may be able to ask a more defined question. Even though it is question time, we want some time for answers. Mr KOBELKE replied: The protection of people from the very clear hazards of smoking, whether they be from smoking or from passive smoking, is a very important issue. The question went to the role of WorkSafe in enforcing the regulations. WorkSafe takes its role very seriously. It sets about educating people in hotels, bars and the casino where there are exemptions under the regulations put in place by the former Government. When people fail to comply, WorkSafe institutes full regulatory processes. That has happened on quite a number of occasions with prohibition notices and the like. All employers have a duty of care. The article on the front page of The West Australian very clearly points out that a whole range of cases have placed a very considerable liability on employers and companies who have not met their duty of care. Those companies should be aware that the opportunities exist. They should make sure that they take all the required precautions to look after people who are on their premises, whether they be patrons or employees. There is no internationally recognised exposure standard. There are certainly levels of risk. On the question of how we work that through the regulatory regime put in place by the former Government, the Minister for Health has established a health regulations review, which is under way. I understand that in the near future a discussion paper will be issued as part of that review process. We will not seek at this stage to pre-judge what the outcomes of that review will be. I hope that all interested parties will become involved in the review and make submissions to it. On that basis, we hope that we can take steps forward to protect people from the effects of smoking.
Mr KOBELKE replied: The protection of people from the very clear hazards of smoking, whether they be from smoking or from passive smoking, is a very important issue. The question went to the role of WorkSafe in enforcing the regulations. WorkSafe takes its role very seriously. It sets about educating people in hotels, bars and the casino where there are exemptions under the regulations put in place by the former Government. When people fail to comply, WorkSafe institutes full regulatory processes. That has happened on quite a number of occasions with prohibition notices and the like. All employers have a duty of care. The article on the front page of The West Australian very clearly points out that a whole range of cases have placed a very considerable liability on employers and companies who have not met their duty of care. Those companies should be aware that the opportunities exist. They should make sure that they take all the required precautions to look after people who are on their premises, whether they be patrons or employees. There is no internationally recognised exposure standard. There are certainly levels of risk. On the question of how we work that through the regulatory regime put in place by the former Government, the Minister for Health has established a health regulations review, which is under way. I understand that in the near future a discussion paper will be issued as part of that review process. We will not seek at this stage to pre-judge what the outcomes of that review will be. I hope that all interested parties will become involved in the review and make submissions to it. On that basis, we hope that we can take steps forward to protect people from the effects of smoking.
The protection of people from the very clear hazards of smoking, whether they be from smoking or from passive smoking, is a very important issue. The question went to the role of WorkSafe in enforcing the regulations. WorkSafe takes its role very seriously. It sets about educating people in hotels, bars and the casino where there are exemptions under the regulations put in place by the former Government. When people fail to comply, WorkSafe institutes full regulatory processes. That has happened on quite a number of occasions with prohibition notices and the like. All employers have a duty of care. The article on the front page of The West Australian very clearly points out that a whole range of cases have placed a very considerable liability on employers and companies who have not met their duty of care. Those companies should be aware that the opportunities exist. They should make sure that they take all the required precautions to look after people who are on their premises, whether they be patrons or employees. There is no internationally recognised exposure standard. There are certainly levels of risk. On the question of how we work that through the regulatory regime put in place by the former Government, the Minister for Health has established a health regulations review, which is under way. I understand that in the near future a discussion paper will be issued as part of that review process. We will not seek at this stage to pre-judge what the outcomes of that review will be. I hope that all interested parties will become involved in the review and make submissions to it. On that basis, we hope that we can take steps forward to protect people from the effects of smoking.
There is no internationally recognised exposure standard. There are certainly levels of risk. On the question of how we work that through the regulatory regime put in place by the former Government, the Minister for Health has established a health regulations review, which is under way. I understand that in the near future a discussion paper will be issued as part of that review process. We will not seek at this stage to pre-judge what the outcomes of that review will be. I hope that all interested parties will become involved in the review and make submissions to it. On that basis, we hope that we can take steps forward to protect people from the effects of smoking.
The SPEAKER: I know it is difficult for Independent members who do not have the resources of parties to support them, but the question was far too long. I am sure that with a little bit of assistance from either the Clerks or her associates and colleagues, the member may be able to ask a more defined question. Even though it is question time, we want some time for answers. Mr KOBELKE replied: The protection of people from the very clear hazards of smoking, whether they be from smoking or from passive smoking, is a very important issue. The question went to the role of WorkSafe in enforcing the regulations. WorkSafe takes its role very seriously. It sets about educating people in hotels, bars and the casino where there are exemptions under the regulations put in place by the former Government. When people fail to comply, WorkSafe institutes full regulatory processes. That has happened on quite a number of occasions with prohibition notices and the like. All employers have a duty of care. The article on the front page of The West Australian very clearly points out that a whole range of cases have placed a very considerable liability on employers and companies who have not met their duty of care. Those companies should be aware that the opportunities exist. They should make sure that they take all the required precautions to look after people who are on their premises, whether they be patrons or employees. There is no internationally recognised exposure standard. There are certainly levels of risk. On the question of how we work that through the regulatory regime put in place by the former Government, the Minister for Health has established a health regulations review, which is under way. I understand that in the near future a discussion paper will be issued as part of that review process. We will not seek at this stage to pre-judge what the outcomes of that review will be. I hope that all interested parties will become involved in the review and make submissions to it. On that basis, we hope that we can take steps forward to protect people from the effects of smoking.
Mr KOBELKE replied: The protection of people from the very clear hazards of smoking, whether they be from smoking or from passive smoking, is a very important issue. The question went to the role of WorkSafe in enforcing the regulations. WorkSafe takes its role very seriously. It sets about educating people in hotels, bars and the casino where there are exemptions under the regulations put in place by the former Government. When people fail to comply, WorkSafe institutes full regulatory processes. That has happened on quite a number of occasions with prohibition notices and the like. All employers have a duty of care. The article on the front page of The West Australian very clearly points out that a whole range of cases have placed a very considerable liability on employers and companies who have not met their duty of care. Those companies should be aware that the opportunities exist. They should make sure that they take all the required precautions to look after people who are on their premises, whether they be patrons or employees. There is no internationally recognised exposure standard. There are certainly levels of risk. On the question of how we work that through the regulatory regime put in place by the former Government, the Minister for Health has established a health regulations review, which is under way. I understand that in the near future a discussion paper will be issued as part of that review process. We will not seek at this stage to pre-judge what the outcomes of that review will be. I hope that all interested parties will become involved in the review and make submissions to it. On that basis, we hope that we can take steps forward to protect people from the effects of smoking.
The protection of people from the very clear hazards of smoking, whether they be from smoking or from passive smoking, is a very important issue. The question went to the role of WorkSafe in enforcing the regulations. WorkSafe takes its role very seriously. It sets about educating people in hotels, bars and the casino where there are exemptions under the regulations put in place by the former Government. When people fail to comply, WorkSafe institutes full regulatory processes. That has happened on quite a number of occasions with prohibition notices and the like. All employers have a duty of care. The article on the front page of The West Australian very clearly points out that a whole range of cases have placed a very considerable liability on employers and companies who have not met their duty of care. Those companies should be aware that the opportunities exist. They should make sure that they take all the required precautions to look after people who are on their premises, whether they be patrons or employees. There is no internationally recognised exposure standard. There are certainly levels of risk. On the question of how we work that through the regulatory regime put in place by the former Government, the Minister for Health has established a health regulations review, which is under way. I understand that in the near future a discussion paper will be issued as part of that review process. We will not seek at this stage to pre-judge what the outcomes of that review will be. I hope that all interested parties will become involved in the review and make submissions to it. On that basis, we hope that we can take steps forward to protect people from the effects of smoking.
There is no internationally recognised exposure standard. There are certainly levels of risk. On the question of how we work that through the regulatory regime put in place by the former Government, the Minister for Health has established a health regulations review, which is under way. I understand that in the near future a discussion paper will be issued as part of that review process. We will not seek at this stage to pre-judge what the outcomes of that review will be. I hope that all interested parties will become involved in the review and make submissions to it. On that basis, we hope that we can take steps forward to protect people from the effects of smoking.
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