This document is an internal policy of YAPA. Use it to help develop your own agency's internal policies. You will have to make changes to suit your own context and any legal requirements which apply to you.
Policy
YAPA is obliged under the NSW Occupational Health & Safety Act 2000 to provide systems of work that are safe and without risks to health and to ensure the health and safety of visitors to the workplace.
Under the NSW Smoke Free Environment Act 2000, YAPA must not allow smoking in an enclosed public space which it has control over. This applies to business premises, community centres, eating areas or vehicles carrying members of the public.
* In this policy the word cigarette also includes roll-your-own, herbal cigarettes etc. The word smoking means smoking any of these products.
** This policy applies to the YAPA premises and all YAPA activities including forums, training events and conferences.
Aims
This policy aims to balance these competing concerns:
- Smoking is a very serious health issue, especially for young people, and YAPA aims to reduce active smoking by young people generally, and to eliminate passive smoking by everyone during YAPA activities and programs and on YAPA premises.
- While young people of all ages can legally smoke, and YAPA does not want young people who smoke to stop using YAPA because of our approach to smoking.
- Where possible, we apply the same rules to young people regardless of whether they are under 18 or over 18.
- Staff can legally smoke in most outdoor locations, and YAPA does not want to intrude excessively into the personal choices of its staff.
No smoking inside buildings and vehicles
Staff members, Board members, participants and others must not smoke:
- inside vehicles, including at an open window, if more than one person is in the car.
- inside YAPA premises, including at an open window
- on a verandah or other semi-outdoor area if it has a roof and is substantially enclosed,
- even if everyone there is a smoker or consents.
Staff may smoke in their own vehicle or a hire car if there are no passengers in the car.
Smoking outdoors
Staff, and anyone at a YAPA event and premises can smoke:
- in a designated outdoor smoking area
- outdoors, off the premises (if it is allowed where they are),
but not:
- if it is inappropriate for the activity or service taking place
- anywhere where it might cause discomfort to someone else
- in a vehicle carrying members of the public
- in a bush area when there is a high fire danger
At YAPA events
In situations where YAPA is in control or in charge of premises or a section of premises, YAPA must not allow smoking in a smoke-free area.
In accordance with the Smoke-free Environment Act 2000, a smoke free area is:
- inside vehicles, including at an open window, if more than one person is in the car.
- inside YAPA premises, including at an open window
- on a verandah or other semi-outdoor area if it has a roof and is substantially enclosed,
even if everyone there is a smoker or consents.
If a YAPA representative who is in charge of premises or a section of premises becomes aware that a person is smoking in a smoke free area they are legally obliged to ask them to leave the area. If they refuse YAPA representatives can ask them to leave the YAPA activity.
YAPA may designate areas suitable for smoking, depending on the event being held and the participants attending, however the area must not be an enclosed public space under the definition of the Smoke-free Environment Act.
Participants at YAPA events are to be informed of this policy and smoking areas are to be clearly defined.
Smoke breaks for staff
As per the YAPA Enterprise Agreement
12.3 - Periods of ten minutes shall be allowed for morning and afternoon tea and such periods shall be included in the ordinary hours of work.
Smoking during morning or afternoon tea breaks is included in the ordinary hours of work.
All other smoke breaks are unpaid breaks. Staff must record these breaks in their time sheets.
Professional behaviour at work and at events
Staff who smoke should always be professional, while also being honest and genuine, in their interactions with young people in relation to smoking.
Possession of cigarettes
Young people (of any age), staff and others can have cigarettes with them (eg. in their pocket or bag) while they are at YAPA or participating in YAPA activities.
Providing cigarettes to young people
Staff must not buy cigarettes for, or sell cigarettes to young people under 18 (an offence under the NSW Public Health Act 1991)
Staff must not buy, sell or give a cigarette to a young person aged 18 to 25 years except in exceptional circumstances. In this instance a young person does not include persons aged 18 to 25 years who are also staff members, Board members or youth and welfare workers.
