Enclosed Workplaces and Public Places

Policy

Category: Tobacco Enforcement
Subject: Enclosed Workplaces and Public Places
Division: N/A
Policy Number: CA.85.01.100
Effective Date: February 15, 2013

POLICY STATEMENT

It is the policy of Wellington-Dufferin-Guelph Public Health (WDGPH), Health Protection Division, to ensure enclosed workplaces and public places are compliant.  The compliance strategy employs a balance of inspection, vendor education and progressive enforcement.  Enforcement activities are guided by the Smoke-Free Ontario Act (SFOA), the Provincial Offences Act, the Tobacco Act, the Ontario Public Health Standards enacted pursuant to the Heath Protection and Promotion Act, the SFOA Tobacco Compliance Protocol (2008) and enforcement directives previously issued by the Ministry of Health and Long-Term Care.

SCOPE

This policy applies to all WDGPH Tobacco Enforcement Officers and Public Health Inspectors in the Health Protection Division.

REFERENCES AND RELATED FORMS, POLICIES AND PROCEDURES

Corresponding Procedure:  CA.85.02.100 Enclosed Workplaces and Public Places
Smoke-Free Ontario Act (SFOA)
Provincial Offences Act
Tobacco Act
Ontario Public Health Standards
Heath Protection and Promotion Act
SFOA Tobacco Compliance Protocol (2008)

APPROVED BY

Rob Thompson 


Procedure

Category: Tobacco Enforcement
Subject: Enclosed Workplaces and Public Places
Division: N/A
Procedure Number: CA.85.02.100
Effective Date: February 15, 2013

PROCEDURE

Inspections will be conducted for the purpose of ensuring enclosed workplaces and public places are compliant.  The Tobacco Enforcement Officer(s) (TEO) will:

  • Maintain a complaint driven system in Wellington-Dufferin-Guelph;
  • Maintain an inventory of inspected workplace and public place premises within PHU boundaries using TIS;
  • Conduct inspections that support the prohibition of smoking in enclosed workplaces in response to complaints of exposure to second-hand smoke as outlined in the Smoke-Free Ontario Act (SFOA) and in accordance with enforcement directives;
  • Provide public education to increase awareness about the SFOA and regulations generally and with specific attention to the prohibition on smoking in workplace vehicles, homes that are licensed day care facilities and where Ministry of Health and Long-term Care (MOHLTC) funded home health care workers must enter;
  • Provide inspection and enforcement data to MOHLTC; and
  • Provide consultation to the public on questions related to the SFOA.

INSPECTIONS

Section 10 (signage)
  1. The following signage section applies to:
  • Enclosed workplaces;
  • Enclosed public places;
  • Bars and restaurant patios;
  • Hotels, motels and inns;
  • Day nurseries and private home daycare;
  • Schools;
  • Condominiums, apartment buildings, college and university; and
  • Residential care facilities.
  1. Upon the initial inspection:
  • An employer or proprietor is educated and provided with explanatory materials and signage where appropriate;
  • If an employer or proprietor is found in non-compliance but takes corrective action and achieves compliance during the course of the inspection, a re-inspection is not required;
  • If an employer or proprietor does not take corrective action during the inspection, the employer or proprietor is issued a verbal warning and re-inspected within 5 working days;
  • If within 5 working days the re-inspection demonstrates non-compliance, the employer or proprietor is charged; and
  • If after an initial charge or conviction the employer or proprietor remains non-compliant, progressive enforcement will be initiated.
 Section 9 (1) (smoking or holding lighted tobacco in a prohibited place)
  1. The following signage section applies to:
  • Enclosed workplaces;
  • Enclosed public places;
  • Bars and restaurant patios;
  • Hotels, motels and inns;
  • Day nurseries and private home daycare;
  • Schools;
  • Condominiums, apartment buildings, college and university; and
  • Residential care facilities.
  1.  Upon the initial inspection:
  • If the employer or proprietor has complied fully with the Act and the Regulation, the person smoking or holding lighted tobacco is charged;
  • If the employer or proprietor has failed to comply fully with the Act and the Regulation, the employer or proprietor is charged; and
  • If after an initial charge or conviction the employer or proprietor remains non-compliant, progressive enforcement will be initiated.
Enclosed Workplaces [Sections 1, 9 (1)(3)]
  1. An enclosed workplace means the inside of a building, structure or vehicle that an employee works in or frequents during the course of their employment and includes common areas such as washrooms, lobbies and parking garages. The ban on smoking in an enclosed workplace is in effect at all times, even during off-hours when people are not typically working
  2. Employers who have built a Designated Smoking Room (DSR) to accommodate those who smoke must ensure the room is no longer used for that purpose.
  3. An employer must comply fully with the Act and the Regulation including the removal of ashtrays or similar devices.
  4. As prescribed in s. 15 of the Regulation, signage shall be posted throughout the enclosed workplace; at all entrances and exits, washrooms and other appropriate locations in sufficient numbers to ensure that employees and the public are aware that smoking is prohibited.
Enclosed Public Places [Sections 1, 9 (1)(3)]
  1. An enclosed public place means the inside of a building or structure to which the public has access, including but not limited to retail shops, indoor shopping malls, casinos, bingo and billiard halls, taxicabs, restaurants and bars.
  2. Proprietors who have built a Designated Smoking Room (DSR) to accommodate those who smoke must ensure the room is no longer used for that purpose.
  3. A proprietor or person in charge must comply fully with the Act and the Regulation including the removal of ashtrays or similar equipment.
  4. As prescribed in s. 17 of the Regulation, signage shall be posted throughout the enclosed public place; at all entrances and exits, washrooms and other appropriate locations in order to ensure that the public are aware that smoking is prohibited.
Bars and Restaurant Patios [Sections 9 (2) and Regulation s. 13]

Smoking is prohibited if a patio:

  • Has a roof (a roof includes an awning, tarp, canvas sheeting or other permanent or temporary covering that is capable of excluding rain or impeding airflow, or both);
  • Is an area or place the public is ordinarily invited or permitted access to;
  • Is worked in or frequented by employees during the course of their employment;
  • Has food or drink served or sold or offered for consumption in the area or place; and
  • Is a place or area that is not primarily a private dwelling.

Upon the initial inspection:

  • An employer or proprietor is educated and provided with explanatory material and signage (even if the employer or proprietor is found in compliance);
  • If an employer or proprietor is found in non-compliance but takes corrective action and achieves compliance during the course of the inspection, a re-inspection is not required;
  • If an employer or proprietor does not take corrective action during the inspection the employer or proprietor is charged; and
  • If after an initial charge or conviction the employer or proprietor remains non-compliant, progressive enforcement must be initiated.
Smoking Shelters [Section 9 (2) and Regulation s. 14]
  1. An operator or employer may choose to accommodate residents and employees who smoke by providing an outdoor smoking shelter.
  2. A smoking shelter needs to meet the following conditions:
  • It cannot have more than two walls and a roof; and
  • It can be worked in or used by employees during the course of their employment.

Upon the initial inspection:

  • An operator or employer educated and provided with explanatory materials (even if the operator or employer is found in compliance);
  • If an operator or employer is found in non-compliance, a verbal warning is issued which will indicate that smoking is prohibited in the site in question until compliance is achieved - re-inspect in 5 days;
  • If in 5 days the re-inspection demonstrates continued non-compliance, the operator or employer is charged;
  • If after an initial charge or conviction the operator or employer remains non-compliant, progressive enforcement must be initiated.
 Hotels, Motels and Inns [Section 9 (10)]
  1. Smoking is prohibited in hotels, motels and inns – except in guest rooms designated as smoking rooms.  These designated rooms must meet the physical requirements in the Act and Regulation, specifically:
  • The guest room is fully enclosed by floor to ceiling walls;
  • A ceiling and doors that separate it physically from any adjacent area in which smoking is prohibited by the Act.
  1. Only registered guests and their invited guests can smoke in designated guest rooms.
  2. As prescribed in s. 22 of the Regulation, signage shall be posted in every non-smoking guest room and attached washroom.  In all other areas of the enclosed workplace, no smoking signs shall be posted at all entrances, exits, common washrooms and other appropriate locations in sufficient numbers to ensure that employees and the public are aware that smoking is prohibited.
Day Nurseries and Private Home Day Care [Section 9 (2)]
  1. Smoking is prohibited in a licensed day nursery under the Day Nurseries Act.  Places where licensed private home day care under the Day Nurseries Act is provided must be smoke-free at all times, whether children are present or not.
  2. An enforcement officer will conduct inspections during regular business hours.
  3. Upon the initial inspection:
  • The person in charge, operator or owner is educated and provided with explanatory materials (even if the operator is found in compliance);
  • If the person in charge, operator or owner has complied fully with the Act and the Regulation, the person smoking or holding light tobacco is charged;
  • If the person in charge, operator or owner has failed to comply fully with the Act and the Regulation, the person in charge, operator or owner is charged; and
  • If after an initial charge or conviction the person in charge, operator or owner remains non-compliant, progressive enforcement must be initiated.
Schools [Section 9 (2)]
  1. Smoking is prohibited in a building or the grounds surrounding the building of a public and private school.  An enforcement officer will conduct inspections during regular school hours at least twice a year.
  2. As prescribed in s. 15 and 17 of the Regulation, signage shall be posted throughout the enclosed workplace and enclosed public place; at all entrances and exits, washrooms and other appropriate locations in sufficient numbers to ensure that employees and the public are aware that smoking is prohibited.
  3. If an inspection finds non-compliance under Section 9 (1) the person smoking or holding lighted tobacco is charged.
Memorandum of Understanding (2012)
  1. The Memorandum of Understanding (MOU) is an agreement between Wellington-Dufferin-Guelph Public Health and the Upper Grand and Wellington Catholic District School Boards that outlines responsibilities and violation protocol for enforcement of the Smoke-Free Ontario Act.
  2. As agreed upon in the MOU, all student-to-student sharing of tobacco products will be reported to WDGPH and a charge may be laid at the school, left to the discretion of the Tobacco Enforcement Officer.  ‘Tobacco Enforcement Report – Selling/Supplying tobacco to a person under 19 years old’ is attached.
  3. As agreed upon in the MOU, smoking on school property will be reported to WDGPH when school violation procedures are unsuccessful.  A Tobacco Enforcement Officer will lay a charge at the school.  ‘Tobacco Enforcement Report – Smoking/Holding Lighted Tobacco on School Property’ is attached.
  4. Fine amounts are $305 for smoking on school property and $365 for selling or supplying cigarettes to anyone under the age of 19 years.
Condominiums, Apartment Buildings, College and University [Residences  Section 9 (2)]
  1. Smoking is prohibited in the common areas of condominiums, apartment buildings, college and university residences.  Examples of common areas include elevators, stairwells, hallways, parking garages, laundry facilities, lobbies, exercise areas and party or entertainment rooms.
  2. As prescribed in s. 17 of the Regulation, signage shall be posted throughout the enclosed public place; at all entrances and exits, washrooms and other appropriate locations in sufficient numbers to ensure that the public are aware that smoking is prohibited.
Residential Care Facilities [Section 9 (7) and Regulation s. 18]
  1. An operator is required pursuant to s. 15 of the Regulation, to post signage throughout the enclosed workplace; at all entrances and exits, washrooms and other appropriate locations in sufficient numbers to ensure that employees and the public are aware that smoking is prohibited.
  2. Residential care facilities may open and operate a controlled smoking area that meets all the requirements of the Act. 
  3. An operator is required to designate a specific area as a controlled smoking area if the operator chooses to accommodate residents that smoke. The designated room may only be used by facility residents.  Signage is required that identifies the room as a controlled smoking area. Ventilation requirements are contained in the Regulation.  A facility resident must be able to use the room without a facility employee’s assistance and employees are not required to enter the room unless they wish to do so.
  4. An enforcement officer is responsible for ensuring that all residential care facilities which have an approved controlled smoking area, operate and maintain the area to the standards as prescribed by the Smoke-Free Ontario Act, specifically Section 18 (1) of the Regulation. 
  5. Upon arrival to the site of the residential care facility, an enforcement officer may demand and examine the quarterly maintenance records required by Section 18 (Schedule A) of the Regulation, to determine whether the controlled smoking area is in compliance with the Act and Regulation.
  6. The enforcement officer will conduct a physical examination of a controlled smoking area to determine if there are any obvious violations with respect to maintenance, ventilation, upkeep, operation or signage requirements.
  7. If in the opinion of the enforcement officer there appears to be a violation under the Act or Regulation:
  • The operator is educated and provided explanatory materials and signage;
  • If the operator takes corrective action and achieves compliance during the course of the inspection,  a re-inspection is not required;
  • If the operator cannot correct the violation during the inspection, the operator is issued a verbal warning.  A re-inspection should be scheduled within 5 working days or on a date to be fixed between the operator and the enforcement officer;
  • If within 5 working days or on the fixed agreed date the re-inspection demonstrates non-compliance the operator is charged; and
  • If after an initial charge or conviction the operator remains non-compliant, progressive enforcement must be initiated.

REPORTING, DATA COLLECTION AND EVALUATION

  1. WDGPH will collect and maintain a record of every compliance and enforcement check conducted, in addition to the Tobacco Enforcement Officer’s notes.  The data will be maintained in accordance with privacy laws and Public Health will hold a record of every inspection activity conducted for the purpose of determining compliance with the Smoke-Free Ontario Act, including education visits, inspections, warnings issued and charges laid.
  2. WDGPH will:
  • Provide required inspection and enforcement data using the mobile and/or web-base applications provided by the TIS synchronizing daily; and
  • Respond to MOHLTC data collection requests within the specified time lines.

REFERENCES AND RELATED FORMS, POLICIES AND PROCEDURES

Corresponding Policy:  CA.85.01.100 Enclosed Workplaces and Public Places
Smoke-Free Ontario Act (SFOA)
Provincial Offences Act
Tobacco Act
Ontario Public Health Standards
Heath Protection and Promotion Act
SFOA Tobacco Compliance Protocol (2008)

APPROVED BY

Rob Thompson