DRAFT SABC SMOKING POLICY | YOUR INPUT IS REQUIRED!

Here follows a copy of the SABC’s proposed Smoking Policy. We require your input, either by email to headoffice@bemawu.org.za or by commenting on this page.

We prefer your comments, as other members will have the benefit of seeing it, and build on those comments. If you do not wish to have your comment published, please state so at the end of your submission/comment.

We think this Policy is overly legalistic, too complicated and formalistic  and  drafted by a consultant who has nothing else to do and must justify his salary.

A copy of the policy can be downloaded here Smoking policy Policy Draft REVIEW_20160921_C

 PLEASE COMMENT AND RESPOND AS THIS POLICY WILL APPLY TO YOU!                    

 

SABC POLICY No. HR/005/16/R
POLICY TITLE: SABC SMOKING POLICY
CUSTODIAN AREA: ORGANISATIONAL DEVELOPMENT (HR)
PREPARED BY: NOMUSA KWEYAMA
DATE APPROVED:
EFFECTIVE DATE:
APPROVED BY:

Table of Contents:

  1. Preamble ………………………………………………………………        3
  2. Purpose of this Policy ………………………………………………        3
  3. Definition and concepts …………………………………………….    3
  4. Scope and application ………………………………………………    5
  5. Legislative framework and policy mandate………………………    5
  6. Guiding Principles…………………………………………………….    6
  7. Objectives……………………….……………………………………..    6
  8. Designated Smoking Areas…………………………………….……    7
  9. Work related functions..………………………………………………. 8
  10. Smoking break………………………………………………………… 8
  11. Selling tobacco product………………………………………………. 8
  12. Offences and Penalties………………………………………………     9
  13. Disciplinary Action…………………………………..………………..     9
  14. Roles and Responsibilities…………………………………………..     9
  15. Deviation………………………………………………………………..    10
  16. Policy Review…. ……………………………………………………..        10
  17. Policy Monitoring……………………………………………………..    11
    1. PREAMBLE

    The South African Broadcast Corporation (SABC) has an obligation to provide and maintain a healthy and safe environment for its employees and visitors. The Occupational Health and Safety Act, No 85 of 1993, requires that in accordance with section 8 “every employer shall provide and maintain as far as reasonably practicable, a working environment that is safe and without risk to the health of his employees”. The duty of employees under Occupational Health and Safety Act is to take reasonable care for the health and safety of themselves and others and to cooperate with SABC to enable the employer to comply with the requirements of the Tobacco Product Control Amendment Act, No 12 of 1999.

    The SABC, as employer, acknowledges that its human resources are its most important asset. SABC is also committed to the provision and maintenance of a healthy work environment.

    1.     PURPOSE
    1. To provide a framework for the prohibition of smoking to comply with the Tobacco

          Control Amendment Act no 12 of 1999 and to create a healthy work environment in the SABC.

    2. To ensure that SABC, as a responsible employer, complies with the statutory requirements regulating smoking in the workplace such as Occupational Health and Safety Act and the Tobacco Product Control Amendment Act.
    1. Definitions

    “Smoking” means inhaling and exhaling any tobacco product or tobacco derivatives which include the burning or carrying of any lighted pipe, cigar or cigarette, electronic cigarette or any other utensil containing tobacco or tobacco derivatives.

    “Smoker” means a person who lights tobacco products in any way and inhales the smoke.

    “Environmental Tobacco Smoke (ETS)” means a combination of “drift” smoke from burning end of a cigarette and the smoke exhaled by a smoker. The inhalation of ETS is called passive, involuntary, or second-hand smoking.

    An electronic cigarette, also known as an e-cigarette or personal vaporiser: is a battery-powered device that provides inhaled doses of nicotine by way of vaporised solution. It is an alternative to smoking certain tobacco products such as cigarettes, cigars, or pipes.

    Smoke-free Zone” means an area in which smoking is prohibited. The Zones shall be indicated by smoking prohibited signs as identified: Halls and other venues regularly used for meetings, seminars, lectures, conferences and similar gatherings. This includes all official interviews, consultations in which SABC staff, visitors and contractors are involved.

    Shared working area” means an area serviced by a central air-conditioning unit, open-plan offices and auditoria.

    “Smoking room/area” means a room/area designated for smoking.

    “Premises” as defined by OHSA include any building, vehicle, vessel, train, or aircraft in which a person performs work in the course of his/her employment.

    “Public” space means any indoor, enclosed, or partially enclosed area, which is open to the public, and includes a workplace and a public conveyance.

    “Public conveyance” refers to the means of transporting people on or in any commercial or public aircraft or ship.

    “Workplace” means:

    1. Any indoor, enclosed, or partially enclosed area in which employees perform their duties in the course of their employment.
    2. Any corridor, lobby, stairway, elevator, cafeteria, washroom, or other common area frequented by such employees during the course and scope of their employment; and.
    3. Excludes any private dwelling and portion of an area mentioned in paragraph (a) specifically designated SABC as a smoking area and that complies with the prescribed requirements of the Tobacco Products Control Act, 1993, as amended.
    4. All rooms and buildings which contain SABC property and those which are susceptible to fire hazards, for example libraries, computer centres, archives, telephone exchanges, studios (radio and TV), control rooms, and areas containing electronic equipment.
    5. Lifts, passages, stairwells, reception areas, tearooms, mail rooms, secretaries offices and other areas used by staff, visitors and contractors waiting for appointments.
    6. All areas used for SABC health services for example doctor’s room and First Aid rooms.
    7. All toilets and rest rooms.
    8. Cafeterias, coffee shops, kiosk and areas where food is prepared, served and eaten unless special smoking areas are demarcated.
    9. A shared working area.
    10. Buildings, offices and rooms with central air conditioning unless smoking rooms are demarcated that comply with legislation.
    1. SCOPE OF APPLICATION
      1. This policy will apply to all SABC employees, it’s divisions, provincial offices in which SABC has a controlling interest including independent contractors, security company, cleaners and visitors.
    2. LEGISLATIVE, REGULATORY AND POLICY FRAMEWORK
  • Occupational Health and Safety Act No. 130 of 1993
  • Compensation for Occupational Injuries and Diseases Act (COID Act) No.130 of 1993
  • Tobacco Product Control Act 83, 1993 as amended
  • Tobacco Product Control Amendment Act, No. 12 of 1999
  • Tobacco Product Control Amendment Act, No. 23 of 2007
  • Tobacco Product Control Amendment Act, No. 63 of 2008
  • The National Health Act No. 61 of 2003
  • The Constitution of the Republic of SA, 1996
  • The Labour Relations Act No.66 of 1995
  • Basic Conditions of Employment Act No 11 of 2002
  • SABC Draft Employee Health and Wellness Policy 2015
  1. GUIDING PRINCIPLES
    1. Rights and desire: The policy will guarantee all the employees the right to smoke in a smoke-free environment. In addition, inhalation of Environmental Tobacco Smoke (ETS) has been proven to be a major health hazard, the desire to have a smoke-free environment will take precedence over the desire of smokers to smoke.
  1. Professionalism: All parties must act professionally and must adhere to the policy provision.
  1. Training: To encourage a healthy and responsible smoking that does not cause harm and health hazard to others by providing awareness and education on tobacco and smoking.
  1. Responsibility: Every employer shall provide and maintain as far as reasonably practicable, a working environment that is safe and without risk to the health of his employees.
  1. OBJECTIVES

  2. Raise awareness on the health risk of smoking.
    1. Promote the health and wellbeing of employees through the elimination of Environmental Tobacco Smoke (ETS) by:
      1. Set precincts on smoking areas whilst accommodating the rights of smokers and non-smokers.
      2. Reduce the health risk associated with passive smoking.
      3. Prevent employees and visitors from the harmful effects of smoking while using SABC facilities.
      4. Guarantee all employees the right to work in air free of tobacco smoke.

  3. DESIGNATED SMOKING AREA
    1. Smoking is prohibited in the workplace, unless that area is a designated “smoking area”
    2. Designated smoking rooms that must be separated from the rest of the working area and shall be ventilated so that air from the smoking area is directly extracted to the outside.
    3. The SABC building, facilities where work activities take place and SABC vehicles are

        designated smoke free zones whether occupied or not. In this regards:

  • No smoking is permitted within the workplace.
  • No smoking is permitted within the prescribed distance of any entrance/ exit to the SABC buildings/ workplaces and transportation and company vehicles.
  • No smoking is permitted in “partially enclosed” public places such as covered patios, verandas, balconies, walkways and parking areas.
  • All designated smoking areas must be separated by a solid partition and an entrance door on which the sign “SMOKING AREA” is displayed in letters that must be at least two (2) centimeters in height and one and a half (1.5) centimeters in width, appearing as black and white only. The ventilation of the area is such that air from the smoking room is directly exhausted to the outside where possible. The prescribed health message and/or warning must also be displayed at the entrance to the designated smoking room or area, in black lettering on a white background that must be at least two (2) centimeters in height and one and a half (1.5) centimeters in width, as follows: “SMOKING OF TOBACCO PRODUCTS IS HARMFUL TO YOUR HEALTH AND TO THE HEALTH OF CHILDREN, PREGNANT OR BREASTFEEDING WOMEN AND NON SMOKERS. FOR HELP TO QUIT PLEASE PHONE (011) 720 3145”. SABC staff will be consulted before the designation of smoking rooms.

  1. Notices and signs indicating areas where smoking is permitted and where it is not permitted must be permanently displayed and signs indicating that smoking is not permitted must carry the warning: “ANY PERSON WHO FAILS TO COMPLY WITH THIS NOTICE SHALL BE PROSECUTED AND MAY BE LIABLE TO A FINE”.
  1. Smoking zone – areas that have been set aside for smoking:
    1. Outside the SABC buildings; and
    2. Designated smoking areas must not exceed 25% of the total floor area of a workplace.
    3. No smoking will be allowed in SABC fleet vehicles. It is the prerogative of each Regional Manager to declare the SABC building as smoke free after consultation with the employees.
    4. No person under the age of 18 may be allowed into a designated smoking area.
    5. Smoking is prohibited within 20 meters or any other distance as prescribed by the Department of Health from time to time from any entrance of SABC building.
    6. Smoking outdoor is regulated. Where possible, designated outdoor smoking areas shall be clearly marked with signs and places to dispose of cigarette butts.
    7. Employees who do not smoke should avoid the marked designated smoking areas, including outside marked smoking areas, to prevent exposure to second-hand smoke.
  1. WORK RELATED FUNCTIONS

It is a responsibility of the conveners of the events or work related function to ensure compliance with the non-smoking policy by employees, visitors and guest who might not be aware of the SABC smoking policy.

  1. SMOKE BREAKS

Smoke break are not a right and should not interfere with the employees work. It is therefore advised that SABC employees and their immediate supervisor/ line manager should negotiate smoke breaks.

  1. SELLING TOBACCO PRODUCTS

The sale of tobacco products from vending machines on SABC property (where applicable) shall be restricted to places in which purchases from such machines are inaccessible to persons under the age of sixteen (16) years.

It shall be the responsibility of any person (canteens, coffee shop, kiosk and SABC) during such time as he or she is responsible for or has control of the premises in which any vending machine is kept to ensure that no person under the age of sixteen years makes use of any such machine.

  1. OFFENCES AND PENALTIES

Failure to smoke within the designated areas may lead to a fine or fines being imposed against SABC. It is recommended that smokers should comply and adhere to smoking within the designated smoking areas, not only to avoid fines, but also to respect the health of non-smokers.

Any person who contravenes or fails to comply with the provisions of the Act shall be guilty of an offence and liable of conviction to a fine that can range from R200 to R200 000 or to such imprisonment as may be determined by law.

  1. DISCIPLINARY ACTION

SABC adopts a ZERO TOLERANCE stance on health and safety related risks therefore corrective action in the form of counseling, verbal warnings and formal disciplinary action may be taken against any person who does not comply with the policy.

Persons who feel aggrieved in any way about the non-compliance of any person, or with the non or insufficient enforcement of the policy may follow the SABC internal grievance procedure as per the SABC Disciplinary Procedure and Code of Conduct.


  1. ROLES AND RESPONSIBILITIES
  2. EMPLOYEES SHALL:
    1. Comply with the provisions of this policy.
    2. Assist management with enforcement of the policy.
    3. Be aware of the penalties and disciplinary action that may be taken against them.
  1. LINE MANAGER SHALL:
    1. Monitor the smoking breaks to ensure that there is no loss of productivity.
    2. Inform an employee who have been found to contravene the policy.
    3. If there is no improvement, manager must initiate the disciplinary process.

14.4.     HUMAN RESOURCES SHALL:

  1. Enforce the policy with the assistance from Occupational Health and Safety, Employee wellness and Real Estate.
  1. OCUPATIONAL HALTH AND SAFETY SHALL:WS
  2. Conduct routine audit of the designated smoking areas.
  3. Ensure that smokers comply with the policy provisions.
  4. Support Line Manager and Human Resources in managing those who contravene the policy.
  1. REAL ESTATE/ LANDLORD SHALL:
  2. Implement the policy and enforce it with the help of Protective Services.

  • EXECUTIVES SHALL:
  • Encourage and support the policy in order to create a healthy work environment.

 

  1. SECURITY SHALL:
  2. Assist in identifying those who does not comply with this policy.
  3. Ensure that designated smoking areas are appropriately.

  1. DEVIATIONS

    1. No deviations from this policy will be allowed.
  1. POLICY REVIEW
    1. This policy will be reviewed on a two-year basis
  2. POLICY MONITORING
Monitoring = continuous.

POLICY REVIEW HISTORY

Date

01 August 2016

Reviewed by

GM: Group OD

Nature of change

Updates


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