Home›Questions on Notice›QoN 1356

❓ Question regarding conflict between occupational health and safety regulations protecting employees from passive smoke and exemptions for staff in hotel bars and casinos. The Minister refers to a previously tabled report addressing difficulties in proving breaches related to environmental tobacco smoke exposure.

AnsweredQoN 1356Legislative Assembly

Asked

19 February 2002

Member

Dr Woollard

Portfolio

Consumer and Employment Protection

QuestionView source ↗

(1) Has the Department of Consumer and Employment Protection ever sought legal advice about the conflict between the requirement that employers protect employees from the hazard of passive smoke in the
Occupational Health and Safety Regulations 1996
and the exemption for staff working in hotel bars and the casino in the
Health (Smoking in Enclosed Public Places) Regulations 1999?
(2) If so, will the Minister table a copy of the advice?

AnswerView source ↗

Answered

13 March 2002

Responded by

Minister for Consumer and Employment Protection

Response time

22 days

The issue of employee exposure to environmental tobacco smoke was also discussed by lawyer Jeremy Allanson in his report on the statutory review of the OSH Act. Mr Allanson examined the difficulties associated with establishing a breach of the general duty of care provisions of the OSH Act, in relation to such exposure. These difficulties relate to the need to identify levels of exposure, to prove the harm to health associated with a particular level, and to consider practicability, in each and every case. Mr Allanson’s report was tabled in both houses of Parliament in November 1998, by the then Minister for Labour Relations. (2) Not applicable.
Mr Allanson’s report was tabled in both houses of Parliament in November 1998, by the then Minister for Labour Relations. (2) Not applicable.
(2) Not applicable.

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