PERSONNEL −P O L I C Y

− WORK HEALTH & SAFETY− No Smoking

R e s p o n s i b l e Officer: −−−−A d v i s o r − Authosedby:Councfl−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−

DateApproved:26M2.20181NextReviewDate:By262.2O21

ITRIM Reference: INT−3937/18 I

Date endorsed byWHS Committee:

CSP Key Focus Area Link: I Upper Hunter Shire Council is an effective and efficient organisation focusing onIcommunity engagement, action and response.

Policy

Council is committed to providing a safe and healthy working environment for all workers, and other persons asfar as reasonably practicable. Council has an obligation under the Smoke−Free Environment Act 2000, theTobacco Legislation Amendment Bill 2012 and the Work Health and Safety Act 2011 to control exposure toenvironmental tobacco smoke.

Council is committed to meeting both the legislative duty of care and providing an environment where the healthand wellbeing of our workers is considered a priority.

Background

Smoking is a leading cause of preventable disease and death in Australia. Workplace exposure to passivesmoking is a significant work health and safety hazard. There is no recognised safe level of exposure tosmoking.

Objective

Council is committed to ensure that the effects of smoking are controlled and workers are not placed at risk andto provide guidelines for effective protection for all Council workers from the effects of smoking in the workplace.

Scope

This policy applies to:

• All workers of the Council, which is to include all persons performing work under the direction of, or on behalfof Council (for example, full time, part time, casual and temporary employees, apprentices, trainees, workexperience, volunteers, contractors, subcontractors and their employees, agents and consultants).

• All Council work sites and where work is carried out or where Council is represented.• Others are to include Councillors whilst acting in their official capacity and all other visitors to Council work

sites (as above).

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Procedure

Smoke Free Work Place

Council defines smoking as the inhalation and exhalation of smoke or vapour from tobacco, herbs,drugs or other substance by using any apparatus including cigarettes, pipes, cigars, vapourisers,e−cigarettes or any other product.

Smoking is prohibited at all times and without exception under the following conditions:

• Inside all Council owned, leased and controlled buildings.• Within any sporting grounds and parks, including swimming pools.• Outside any designated smoking areas in depots or offices.• Inside any plant or vehicles owned or leased by Council.• While operating any plant or equipment including open cabin plant items, even if the smoker is the only

person in the vehicle/plant at the time.• On−site vans and toilets.• Within any confined spaces.• Within 8 metres of any highly flammable, volatile or explosive substances.• Within 4 metres of any person, doorway, vehicle or worksite.• Within 10 metres of any commercial food preparation or consumption area.

Workers who work in isolation from all other workers are also prohibited from smoking. They are still able to affectothers who come into their area or through the air−conditioning system.New workers are to be advised when applying for a job that the workplace encourages non−smoking within theworkforce. All new workers are to be advised of Council's No Smoking and Outdoor Smoking Policies and it is tobe a condition of employment that the No Smoking Policy is to be observed. Current workers will be provided witha copy of this policy.

Designated Smoking Areas

Designated smoking areas located around Council's buildings, facilities and worksites under the control ofCouncil are as follows:

Worksite Location of− 'JHI111 areaMerriwa

back−of

−ho−Administrat ion Bui lding Behind the Council offices at least 4 metres away from any windows and

Works Depot Signposted area to the right of the truck loading ramp. Not to be usedwhilst trucks are being loaded.

Worksites 4 metres away from any worksite or 8 metres away from any highlyflammable, volatile or explosive substances on the worksite e.g. gas, fueletc.

Mu rru rundiAdministrat ion Bui lding Grassed area adjacent to the Male Toilet at rear of Administration Building

and/or under cover area frontingMen's toilet(in adverse weather).Works Depot Grassed area adjacent to the Male Toilet at rear of Administration Building

and/or under cover area frontingMen's toilet(in adverse− weather) −−−−−−−−−−−−−Worksites 4 metres away from any worksite or 8 metres away from any highlyflammable, volatile or explosive substances on the worksite e.g. gas, fueletc.

−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−SconeAdministrat ion Bui lding Paved area behind hedge at rear of Administration Building (picnic table)Saleyards Cement slab located between canteen and amenities building.Wor D e p t T o p y a m e t r e y from− taireadingthebott9myard−−−−−−−−−−−−−−−Works−it es 4 metres away from any worksite or 8 metres away from any highly

flammable, volatile or explosive substances on the worksite e.g. gas, fueletc.

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Smoking can only occur in the designated areas before the employee commences work, morning tea, lunchbreak and at the completion of the work day.Smokers are entitled to smoke in the designated areas during the nominated times only, and not permitted tosmoke outside these areas, even if staff in a particular area all want to smoke as this would contravene theobligation on an employer to provide a safe place of work and may affect people in other parts of the buildingand/or other work areas including job sites.

Workers and others must dispose of their cigarette butts in rubbish bins. Workers and others are liable for finesunder the Protection of the Environment Operations Act 1997 and the Protection of the Environment OperationsAmendment Act 2000 for littering.

Assistance

Professional advice about coping without cigarettes and quitting smoking will be made available to all workers onrequest. Council will also offer assistance to the worker through Council's Employee Assistance Program (EAP)and any designated Quit Smoking programs.Council may also provide on application, by workers who are currently being treated by a medical practitioner, asubsidy of up to $200. This is to assist with the costs associated with quitting smoking such as patches, tabletsetc. Applications must be made in writing and a certification from a medical practitioner will be required to verifythe treatment. Receipts must also be provided prior to any re−imbursement being made.

Consequences or Penalties

In the first instance that an employee is found in breach of Council's Work Health and Safety − No Smoking Policy,they will be cautioned and offered counselling on available options for quitting smoking.

Breaches of the Council's policy on smoking will also be breaches of the Work Health and Safety Act (2011), andSmoke —Free Environment Act 2000 No. 69.

Subsequent breaches of this policy will be dealt with under Council's disciplinary procedures.

Complaints arising from staff smoking in non−smoking areas should be directed to their respective Supervisor inthe first instance. Supervisors must follow the disciplinary procedures contained in the Local Government StateAward and should contact the Human Resources Manager and WHS Coordinator for assistance.

Workers who fail to look after the safety of other people at work by not complying with any of the previously listedlegislation can be personally liable to be prosecuted or disciplinary procedures may follow if there is evidence thatan employee continues to smoke at the workplace.

Responsibilities

Officers

• Ensure that Council develops ongoing appropriate No Smoking Policies in relation to smoking and the use oftobacco products an the workplace and on all Council premises.

• Ensure the effective implementation of this policy.

Managers/Supervisors

• Implement this policy and ensure all workers and others follow the intent of this policy.• Take necessary action to enforce this policy.• Act on reported breaches of this policy.• Ensure that correct signage is in place in relation to smoking.• Provide information to workers who enquire on quit smoking programs.

Workers

• Follow and abide by this policy.• Report to supervisor/managers any breaches of this policy.

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References

• This policy was adopted by Council at its meeting on 26 February 2018, and replaces that of the same titleadopted by Council on 29 March 2016.

• Work Health and Safety Act 2011• Work Health and Safety Regulation 2011• Smoke−free Environment Act 2000• Public Health (Tobacco) Act 2008• Tobacco Legislation Amendment Bill 2012• The Cancer Council NSW• WorkCover NSW Health and Safety Guide 2000: Passive Smoking Policy and Control No. 353• Council Property −

P o l i c y

− Outdoor Smoking

Review Date

February 2018 by Hu n Resources

Authorised b y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................Steve yor, interim General Manager Date

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