How does the regulation of smoking in public places impact on workers at construction sites in New South Wales? 

Smoking in public spaces has been banned for years, but how does that affect smoking on government and private construction sites?  

 

Smoking in public places

In NSW, the Smoke-free Environment Act 2000, Smoke-free Environment Amendment Regulation 2009, and the Smoke-free Environment Regulation 2007 ban and regulate smoking and vaping in enclosed public places.  
If a construction site were located within an enclosed public place such as a shopping centre, the site should be a non-smoking workplace.  

The Smoke-free Environment Act also bans smoking in the following outdoor public places: 

  • within ten metres of children’s play equipment in outdoor public places 

  • at public swimming pools 

  • in spectator areas at sports grounds or other recreational areas used for organised sporting events 

  • at public transport stops and platforms, including ferry wharves and taxi ranks 

  • within four metres of a pedestrian access point to a public building. 

Since 6 July 2015, commercial outdoor dining areas have also been smoke-free. 

Construction sites at locations in any of these categories (eg at public swimming pools) should therefore be non-smoking sites.  

Under the Act, Local Health Districts and Statutory Health Corporations can make by-laws banning smoking on NSW Health grounds, such as hospitals, community health services and ambulance stations.  

Accordingly, a construction site on the grounds of a health facility should also be smoke-free where such by-laws apply. 

 

General duty of care

While smoke-free environment legislation does not explicitly ban smoking on all construction sites in New South Wales (whether Government or private), employers and other persons conducting a business or undertaking are obliged under health and safety laws to eliminate health risks to workers and others at work sites or to minimise risks that cannot be eliminated.  

As passive smoking is known to carry a health risk, and this risk can be exacerbated by the presence of the dust and chemicals often found on construction sites, employers should not allow smoking in enclosed areas on construction sites, as part of their general duty of care. This could also help to promote a healthier lifestyle amongst employees.  

 

Are designated smoking areas allowed?

Some large construction companies have established policies that ban smoking on their construction sites except in designated smoking areas.  

Designated smoking areas should not be in enclosed spaces, and to manage risk, they should be at least 15 metres from any designated flammable or combustible goods store including hazardous substances or dangerous goods (eg gas cylinders, LPG storage, shipping container or similar sheds or areas where there may be flammable or combustible materials).  

 

The bottom line

NSW law does not impose a universal ban on smoking on all construction sites, but most sites fall within or near regulated smoke‑free areas or are subject to WHS duties that effectively restrict smoking. Given the expanded recognition of vaping within smoke‑free laws, construction managers should treat both smoking and vaping consistently when establishing site rules.