February 24,

Tobacco

Tobacco

Smoke-Free Ontario Act

Summary for Workplace Vehicles

The Smoke-Free Ontario Act prohibits smoking in enclosed public places and workplaces.  An “enclosed workplace” is defined as “the inside of any place, building or structure or vehicle or conveyance or a part of any of them, that is covered by a roof and that employees work in or frequent during the course of their employment”.

Smoking is not permitted – by employees or non-employees – inside workplace vehicles, regardless of whether or not the employee is acting in the course of their employment at the time, or of how many persons are in the vehicle.  Smoking in a workplace vehicle is illegal 24 hours a day, seven days a week.

EMPLOYERS MUST ensure compliance with the Smoke-Free Ontario Act by:

•  Posting no smoking signs in workplace vehicles

•  Giving notice to each employee that smoking is prohibited in all work vehicles

•  Ensuring no ashtrays or similar equipment remains in workplace vehicles

•  Ensuring employees or other persons who do not comply do not remain in the workplace.
EMPLOYEES MUST ensure compliance with the Smoke-Free Ontario Act by:

•  Not smoking or holding lighted tobacco in any enclosed public place or workplace including workplace vehicles.

Charges are laid and fines are issued toward individuals who smoke in workplace vehicles and/or the workplace responsible for that vehicle.  Fines start at $250 for individuals who are not in compliance with the Smoke-Free Ontario Act.  Tobacco Enforcement Officers employed by Public Healths enforce this legislation in their jurisdiction.  Officers conduct random inspections of workplaces, including workplace vehicles, and are designated to lay charges under the Act.

Employers may not dismiss, threaten to dismiss, discipline, suspend, penalize, intimidate or coerce an employee who obeys or seeks compliance with the Smoke-Free Ontario Act.  If an employee experiences any of the above-noted actions by his or her employer, they may contact the Ministry of Labour or Peterborough Public Health.

If you have questions about the Smoke-Free Ontario Act, contact Peterborough Public Health at 705-743-1000 to speak with the Tobacco Enforcement Officer.

Last modified on Aug 27, 2012