Smoking in Public Places Regulations, 2004

L.N. 145 of 2004

TOBACCO (SMOKING CONTROL) ACT

(CAP. 315)

Smoking in Public Places Regulations, 2004

IN exercise of the powers conferred by article 9 of the Tobacco

(Smoking Control) Act, the Minister of Health, the Elderly and

Community Care has made the following regulations>-

(1) The title of these regulations is the Smoking in Public Title and

commencement.

Places Regulations, 2004.

(2)

These regulations, shall come into force on the 5th

April, 2004.

Regulation 3(1)

Enclosed Public and Private Establishments

1. Any establishments where services are provided to the public, whether

for a charge or free of charge, including the sale of goods<

2. Hospitals, establishments where health care is given and all other medical

establishments<

3. Establishments where elderly persons are received<

4. Schools and other premises where children or young people are received

or housed.<

5. Enclosed establishments where higher education and vocational training

are given<

6. Establishments used for entertainment, radio and television studios open

to the public and in any television studio during any debate, discussion or other

programme broadcast locally for public viewing whether live or pre-recorded<

7. Establishments where exhibitions are held<

In these regulations>

Interpretation.

“designated smoking area” means an area other than an

enclosed room, that is designated for smoking<

“designated smoking room” means an enclosed room that

is designated for smoking<

“employee” means a person who is employed by an

employer<

“employer” means a person who employs one or more

persons and includes the person who is ultimately in charge of

any place<

“smoking” includes the carrying of any lighted tobacco

product<

“work space” means any indoor or other enclosed space

which employees perform the duties of their employment, and

includes any adjacent corridor, lobby, stairwell, elevator or lift,

cafeteria, washroom or other common area frequented by such

employees during the course of their employment but does not

include closed offices used by a single employee or by

employees who have agreed unanimously and in writing

amongst themselves to allow smoking.

Ban on smoking in

(1) Smoking is hereby banned in enclosed premises open

enclosed premises.

to the public which form part of the public or private establishment

listed in the Schedule hereto.

(2) There shall be made provision for areas to be clearly

defined as being reserved for smokers in any of the establishments

referred to in sub-regulation (1) hereof.

(1) Every employer, and any person acting on behalf of

an employer, shall adopt measures to ensure that persons refrain

from smoking in any work space or public area under the control of

the employer.

(2) An employer shall designate special areas for

smoking, and such areas shall be totally separate from areas normally

occupied by non-smokers.

(3) (a) The employer shall also adopt measures to

ensure that in such areas as are mentioned in sub-regulation(2) hereof>

(i) the exposure of non-smokers to tobacco smoke is

reduced or minimised, in accordance with criteria as established

from time to time by the Superintendent of Public Health< and

(ii) employees shall not be required to enter such rooms

even if in the course of their duties, if these are not in conformity

with the established criteria mentioned under sub-paragraph (i)

of paragraph (a).

(b) (i) In the case of licensed establishments whose

area is less than sixty square meters, the employer shall adopt the

measures mentioned in paragraph (a) hereof within twelve months

from the date of coming into force of these regulations.

(ii) In all other cases, the employer shall adopt

the measures mentioned in paragraph(a) hereof within six months

from the date of coming into force of these regulations.

(c) This does not apply to those establishments

which on the date of coming into force of these regulations are not

covered by a licence.

(1) No person shall smoke in any work space or public

place under the control of an employer except in a designated

smoking room or designated smoking area.

(2) An employer shall clearly inform employees and

members of the public of the prohibition imposed by subregulation

(1) hereof and of the location, if any, of any designated smoking

room or area under the control of the employer by posting clearly

visible signs, as appropriate, or as may be prescribed.

The foregoing provisions of these regulations shall not Marginal Note

please.

affect the operation of any other law, regulation or rule, or penalty

ensuing therefrom, in relation to the further protection of persons

from exposure to tobacco smoke.

The Smoking in Public Places Regulations, 2003 are hereby Repeals L.N.

244 of 2003.

repealed.

Establishments and places where sports are practised<

Premises of ports and airports.