From 11 November 2020, indoor vaping will be prohibited in workplaces and at a number of business locations.
Prohibition on vaping in workplaces
From 11 November 2020, the existing prohibition on smoking inside workplaces is extended to include vaping.
This means employers must take all reasonably practicable steps to ensure that no person vapes inside at any time in a workplace, unless one of the following exemptions applies:
- An employer may permit vaping in a vehicle provided by the employer and normally used by employees and volunteers if:
- the public does not normally have any access to any part of it, and
- all employees and volunteers who use the vehicle regularly or from time to time have jointly or individually given the employer written notice that they do not object to vaping in the vehicle
- Patients and residents (but not employees or visitors) may vape within a dedicated room for vaping located within a hospital care institution, residential disability care institution or rest home if:
- the room is connected to or equipped with a mechanical ventilation system
- the employer has taken all reasonably practicable steps to minimise the escape of emissions from the room, and
- there is an adequate equivalent room available for patients or residents who wish to socialise in an emissions-free atmosphere.
- The following locations are not considered workplaces under the Act:
- a motel, or a bedroom or suite in a hotel; or
- a cabin or suite, for the time being assigned to a passenger or passengers, on a ship; or
- a sleeping compartment, for the time being assigned to a passenger or passengers, on a train; or
- a cabin, for the time being assigned to only 1 employee or volunteer, or to the master or owner, on a ship; or
- a sleeping compartment, for the time being assigned to only 1 employee or volunteer, on a train; or
- a dwellinghouse occupied by the employer.
Other business locations where vaping is prohibited
From 11 November 2020, vaping is prohibited in the following:
- Aircraft carrying passengers domestically for hire or reward
- Passenger service vehicles such as buses, trains, taxis and rideshare services
- Booking areas, passenger queuing areas, passenger waiting rooms, and passenger lounges within any enclosed travel terminal
- Any part of a casino, restaurant or licensed premises that is not an open area
- Gaming machine venues