What do the smoke free laws mean for employers?
The Ministry of Health is responsible for the laws relating to smoking in the workplace.
With very limited exceptions, the law requires employers to take 'all reasonably practicable steps' to ensure that workplaces are smokefree.
Reasonably practicable steps might include:
display of smokefree signs in the workplace
reference to the smokefree policy in workplace employment agreements and recruitment policies
notifying service contractors of the smokefree policy
training managers and supervisors on what to do if someone smokes in the workplace.
If smoking occurs in a workplace and the employer has failed to take such steps, an employee may lodge a complaint with the Ministry of Health.
More detailed information and guidance on the Smoke-free Environments Amendment Act 2003 can be found on the Ministry of Health's website.
Date Modified: Monday, December 06, 2010
Disclaimer: The content on this website covers common problems. It will not answer every question
and should not be used as a substitute for legislation or legal advice. State sector employers
and employees may be affected by some differences in the laws that apply to them (e.g. State
Sector Act 1988). The Department of Labour takes no responsibility for the results of any actions taken
on the basis of information on this website, nor for any errors or omissions.
