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Designated Smoking and Non-Smoking Areas in the Workplace (Section 6, Republic Act No. 9211)

Photo from Unsplash | Andres Siimon


The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

 


AT A GLANCE:

In all enclosed places that are open to the general public, private workplaces and other places not covered under the preceding section, where smoking may expose a person other than the smoker to tobacco smoke, the owner, proprietor, operator, possessor, manager or administrator of such places shall establish smoking and non-smoking areas. Such areas may include a designated smoking area within the building, which may be in an open space or separate area with proper ventilation, but shall not be located within the same room that has been designated as a non-smoking area.

 

All designated smoking areas shall have at least one (1) legible and visible sign posted, namely “SMOKING AREA” for the information and guidance of all concerned. In addition, the sign or notice posted shall include a warning about the health effects of direct or secondhand exposure to tobacco smoke. Non-Smoking areas shall likewise have at least one (1) legible and visible sign, namely: “NON-SMOKING AREA” or “NO SMOKING.” (Section 6, Tobacco Regulation Act of 2003)


 

Establishing Smoking and Non-Smoking Areas

In places like restaurants, offices, or other enclosed spaces that anyone can access, the person in charge (like the owner, manager, or administrator) needs to set up areas where people can smoke and areas where they cannot. This helps protect non-smokers from being exposed to tobacco smoke.

 

Location of Designated Smoking Areas

If there is a designated smoking area inside a building, it has to be in a place with good ventilation. But importantly, it cannot be in the same room as a non-smoking area. This separation helps keep smoke away from people who do not want to be around it.

 

Signage Requirements

To make sure everyone knows where they can and can’t smoke, there have to be signs. If it’s a smoking area, the sign will say “SMOKING AREA” so people know they’re allowed to smoke there. If it’s a non-smoking area, the sign will say “NON-SMOKING AREA” or “NO SMOKING” to let people know they can’t smoke there. These signs also include warnings about the health risks of smoking and being around secondhand smoke.

 

Why It Matters

These rules are not just about keeping things organized – they are about looking out for everyone’s health. By clearly marking where smoking is allowed and where it isn’t, we are making sure non-smokers can enjoy their time without breathing in secondhand smoke, which we know can be harmful.

  

 

Related Article/s:

Breastfeeding and Lactation in Workplace

 

 

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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