Passive smoking

"Passive smoking" describes the involuntary inhalation of other peoples' tobacco smoke.

It may take the form of either "mainstream smoke" inhaled and exhaled by the smoker, or "sidestream smoke" emitted directly from burning tobacco.

The term "environmental tobacco smoke" refers to the combination of sidestream and exhaled mainstream smoke in the atmosphere.

Smoke inhalation by people who are not themselves smoking is, therefore, unintended or involuntary. They may be at risk of developing diseases caused by environmental tobacco smoke without smoking tobacco themselves. Employers may be held liable for diseases caused by an employee’s passive smoking in the workplace if the employer has done nothing to control the exposure.

Under occupational health and safety legislation, employers are required to take all measures that are reasonably practicable to protect employees and others in the workplace in relation to their health, safety and welfare. This means that employers must identify potential hazards, assess the risks, and take steps to eliminate or control them.

Environmental tobacco smoke may be one of a number of major airborne contaminants; employers are required to take preventive steps to ensure that overall air quality at a workplace does not endanger the health, safety or welfare of any employee.

The Public Health Amendment (Smoke-free Areas) Act 2001 means it is now unlawful to smoke in enclosed workplaces and many public places. Vehicles used for work are regarded as the workplace. If another person is in the vehicle, it must be smoke-free.

Further information on the requirements of the new legislation is available from the Department of Health & Human Services.