New Smoking Regulations Pending for South Africans
New smoking laws are set to impact South Africans as the government seeks to implement tighter control over both the cigarette and vaping sectors.
The OHS industry must be prepared to implement and adapt to these new changes in regulation once they have become finalized.
According to the draft thus far, the bill will attempt to address the following concerns:
As quoted from businesstech.co.za:
“ According to the explanatory summary, the bill provides for:
100% smoke-free for indoor public places and certain outdoor areas as the minister may prescribe;
The ban on the sale of cigarettes through vending machines;
Plain packaging with graphic health warnings or pictorials;
Ban on display at point-of-sale; and
The regulation and control of electronic nicotine delivery systems and non-nicotine delivery systems and to provide for matters connected therewith.
Other implications of the laws include:
A ban on smoking in the workplace – is defined in the bill as ‘any place in or on which one or more persons are employed and perform their work, whether for compensation or voluntary’. This would mean homeowners may be banned from smoking in the presence of domestic workers or gardeners on the premises.
Smoking would also be banned if a home is used for teaching, tutoring or commercial childcare.
A ban on smoking in any motor vehicle when a child under 18 years is present and there is more than one person in that vehicle.
An extension of the laws to cigarettes and any devices used in connection with tobacco products and electronic delivery systems such as pipes, water pipes and electronic devices.
A ban on smoking in any enclosed common areas of a multi-unit residence.
The Minister may prohibit smoking in any outdoor public place or workplace if they believe it would be in the public interest.
Stricter rules on the depiction of any tobacco products – including a ban on the sale of any confectionery or toy that resembles or is intended to represent a tobacco product.
Harsh jail time or a fine depending on the severity of the offence. For example, those caught smoking in banned areas will receive a fine or prison time up to 3 months, while those found guilty of manufacturing or importing tobacco products which do not meet the new requirements and existing standards could face a fine and imprisonment of up to 10 years.
The current smoking laws ban smoking in public places but allow for designated smoking areas in places like bars, taverns and restaurants, provided that they do not take up more than 25% of the venue.
The new laws, once passed, would change this to a 100% prohibition of smoking in public areas.”
This new proposal has been met with severe backlash due to lack of government communication and involvement with the vaping/tobacco sector before attempting to enforce these new, stricter regulations.
In terms of the OHS sector, it is important to be aware of these new changes and to adapt your safety management systems accordingly and in line with the correct legislation.
