Regulations and enforcement – frequently asked questions
Does the smoke free policy supersede the government policy that bans smoking within 5 metres of doorways and 10 metres of air intake vents of government buildings?
No, the policy continues to apply. The smoke free policy further extends these limits by banning smoking throughout all WA Health premises and grounds.
Who is responsible for enforcing the smoke free policy?
The policy is a WA Health directive of the Minister for Health and is upheld within the responsibility of the directors of all statewide health services.
Respectful enforcement of the policy is everyone’s responsibility. The issue should be addressed in a non-confrontational manner, and people informed that we are smoke free and that people can only smoke off site.
- Contact your local smoke free coordinators for more information
- Smoke free resources are available to assist with enforcement of the policy
What do you do if staff are reluctant to approach some patients who are smoking on site as they fear a negative reaction?
Prevention is the most effective way to address this issue - clear communication to family and patients about the Smoke Free Policy prior to admission and prompt and adequate management of nicotine withdrawals as per the Clinical Guidelines and Procedures for the Management of Nicotine Dependent Inpatients (PDF 312KB).
Where possible, security can be called to manage aggressive individuals. Anti-aggression training provided to staff should include reference to managing these situations.
At some campuses, people are smoking besides busy roads and there are concerns they may fall onto the road. Who is responsible for this issue?
The hospital has a duty of care and law to provide a safe working environment under the Occupational Safety and Health Act 1984 (external site) (i.e. it has to provide a smoke free environment). The hospital also has a duty of care to assess patients for nicotine dependence and ensure they are given appropriate support to manage their withdrawals. If the hospital has provided support (ie. Nicotine replacement therapy) as per the Clinical Guidelines and Procedures for the Management of Nicotine Dependent Inpatients (PDF 312KB). then it is the choice of the individual to go off the grounds to smoke and is therefore their personal responsibility.
Some people argue that the Smoke Free Policy has just shifted the problem as people smoke off WA Health premises but still close to entries. In some cases there is no alternative.
As highlighted above, WA Health has a duty of care to provide a smoke free environment on the grounds that it has jurisdiction over. Hospitals can work with local governments to try to improve the situation if people are smoking off grounds but in areas close to entrances e.g place butt bins away from entries
What is the best place for butt bins?
Working with local government to develop solutions is recommended. Where possible, bins should be placed away from entrances or other areas where people frequently pass through.
Have there been any successful worker compensation claims/law suits around exposure to environmental tobacco smoke (ETS) in Australia or elsewhere?
There are several examples from Australia and overseas and more information can be accessed at:
- Tobacco in Australia (Chapter 16) (external site)
- Action on Smoking and Health Australia (external site)
File Formats
Some documents for download on this website are in a Portable Document Format (PDF). To read these files you might need to download Adobe® Acrobat Reader.