Vaping is now officially banned from the workplace.
Since the 11th November 2020 the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 has come into force which now includes vaping and vape type products including e-cigarettes under the same restrictions as tobacco products.
Therefore the Employer now has a duty of care to ensure nobody vapes indoors at work. This includes all workers and visitors.
The workplace also covers any company cars too. However, smoking and vaping may be permitted in the vehicle provided no member of the public has normal access to the vehicle, and all normal drivers of the vehicle provide written consent to allow it.
In restaurants, cafés, bars and pubs, Employers must take reasonable steps to make sure people only vape in outside open areas. All schools and early childhood centres have a blanket ban on smoking/vaping in and out of buildings.
Some locations are exempt from 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.