Advocates for smoking laws covering the workplace argue that the laws are necessary to protect both the public and employees from second-hand smoke. But what about a workplace that there are no other employees and there is no interaction with the public? A trucker in Ontario, Canada just found out.
A trucker in Ontario is facing a hefty fine because he was caught smoking in his truck, the Toronto Star reports. That's because the Smoke-Free Ontario Act prohibits smoking “in any enclosed public place or enclosed workplace.” In the text of the law, the definition of “enclosed workplace” includes any vehicle:
- That is covered by a roof,
- That employees work in or frequent during the course of their employment whether or not they are acting in the course of their employment at the time, and
- That is not primarily a private dwelling
On a website devoted to explaining the law to the public, Ontario's Ministry of Health Promotion states: “Examples of an enclosed workplace include the inside of a trailer office on a construction site, the inside of a loading dock, or the inside of a delivery truck. The ban on smoking in an enclosed workplace is in effect at all times, even during off-hours when people are not working.
The law created responsibilities for employers
- Ensure that employees are aware that smoking is prohibited in enclosed workplaces.
- Remove ashtrays and any object that serves as one.
- Ensure that no one smokes in the workplace.
- Ensure a person who does not comply does not remain in the enclosed workplace.
- Post No Smoking signs at all entrances, exits, washrooms and other appropriate locations in order to ensure that everyone knows that smoking is prohibited.
Sources: Toronto Star and Smoke-Free Ontario