• Section 1 - Purpose and Context
• Section 2 - Definitions
• Section 3 - Policy Statement
• Section 4 - Procedures
• Part A - Responsibilities
• Part B - Dealing with Non-Compliance
• Part C - Assistance for smokers
• Part D - Policy Dissemination
• Section 5 - Guidelines

Section 1 - Purpose and Context

(1) The purpose of this policy and associated procedures is to maintain a healthy environment at the University of Western Sydney (UWS) by minimising exposure to Environmental Tobacco Smoke (ETS) on University occupied premises. The University has an obligation under the Work Health and Safety Act, 2011 to provide a safe and healthy work environment for all employees, students and visitors. The University also has an obligation under the Smoke-free Environment Act, 2000 to prohibit smoking in enclosed public places under its control.

Section 2 - Definitions

(2) The following definitions apply for the purpose of this policy:

1. University vehicles - include UWS private use vehicles, pool cars, buses, vans, tractors, aircraft and boats;
2. Environmental Tobacco Smoke (ETS) - smoke that comes from the burning of a tobacco product and smoke that is exhaled by smokers. Inhaling environmental tobacco smoke is called involuntary passive smoking.
3. University Premises - all land, property and any location/site whether on or off campus that may be under the control of UWS or in use by UWS for commercial, academic and/or research purposes, irrespective of whether UWS is the owner, commercial occupier or simply a temporary user of the land, property or location/site;
4. Designated Smoking Areas (DSA) - well ventilated areas, located away from buildings, main thoroughfares, food service / dining areas, cross traffic and air conditioning intakes. The areas will be clearly signposted and equipped with receptacles for cigarette butts and litter. Signage will reflect that access to these areas is prohibited to those aged less than 18 years. These areas will be located such that the spread of Environmental Tobacco Smoke (ETS) is minimised.
5. Tobacco Products - includes all tobacco, cigarette, cigar, waterpipe or any other product containing tobacco designed for human consumption or use.

Section 3 - Policy Statement

(3) Smoking is prohibited on all University Premises with the exception of a number of clearly marked designated smoking areas. These areas will be clearly identified on campus maps. The University has a responsibility to minimise adverse environmental effects when designing and situating DSAs as the University has committed in its Environmental Management Policy to reduce pollution and waste and is required to comply with the Protection of the Environment Operations Act 1997 and the Waste Avoidance and Resource Recovery Act 2001.

(4) This policy applies to all persons on University Premises.

(5) UWS is committed to ensuring the health, safety and welfare of its employees whilst at work and its students and visitors while on campus. The University has adopted the following principles:

1. All persons on University Premises are entitled to a predominantly smoke-free environment ;
2. Smoking is prohibited, at all times, in University vehicles;
3. Smoking is prohibited, at all times, on any approved University fieldwork activity where other persons may be exposed to ETS.

(6) Smoking refuse such as cigarettes, butts and matches is litter and must be disposed of properly. The University will provide purpose-designed ash tray receptacles to assist in the appropriate disposal of such litter at the designated smoking areas. Cigarette butt litter is the most common form of litter, should be considered hazardous and is toxic in aquatic environments.

(7) Sale of all tobacco products is prohibited on University Premises.

Section 4 - Procedures

Part A - Responsibilities

(8) Managers and supervisors of areas, and staff and students under their responsibility, must:

1. Ensure staff and students are aware of this policy;
2. Understand their responsibility to ensure the policy is enforced;
3. Ensure complaints with regard to alleged breaches of the policy are dealt with quickly and effectively;
4. Establish whether a breach has taken place before dealing with non-compliance.

(9) All persons on University Premises must:

1. Not smoke anywhere other than in a Designated Smoking Area;
2. Cooperate with the University in the implementation of this policy;
3. May request people who are smoking in areas other than designated smoking areas to cease smoking if they feel comfortable in doing so otherwise report the matter to UWS security staff. If the request is ignored, the matter must be referred to UWS Security staff. The matter should also be reported in accordance with the Accident, Injury, Incident, Hazard Reporting and Investigation Policy.

(10) Work Health and Safety Unit will:

1. Monitor the effectiveness of this policy through a process of annual review;
2. Liaise with local area management with regards to promotion of this policy.

(11) Office of Capital Works and Facilities will:

1. Erect designated smoking areas at identified locations on campus, in accordance with the definition of a designated smoking area in this policy;
2. On implementation of this policy, arrange for ash tray receptacles to be removed from all locations other than designated smoking areas;
3. Update signage, as part of the normal update cycle, to include the locations of designated smoking areas.

(12) External inspectors

1. Under the Smoke-Free Environment Act, 2000 external inspectors are appointed by the Director General (Ministry of Health) and have the authority to enter premises and collect information on breaches of the Act and Regulations. They can require any person smoking in a smoke-free area to stop smoking. Under the Act monetary penalties are enforceable by the external inspectors for:
   1. Individuals smoking in a smoke-free area;
   2. Occupiers who allow a person to smoke in a smoke-free area;
   3. Failure to display adequate signage;
   4. Occupiers who fail to prevent the spread of smoke from a smoking to a smoke-free area.
2. External inspectors, appointed by the Director General have the authority under the Smoke-Free Environment Act, 2000 to enter the University and prosecute individuals and occupiers who breach the Act.

Part B - Dealing with Non-Compliance

(13) Failure to comply will be dealt with in the following way:

1. Employees
   1. For an initial breach of this policy the matter will be referred to the employee's supervisor who will:
      1. Remind the employee of their responsibilities under this policy regarding the health and safety of others;
      2. Explain the University's legal obligations;
      3. Explain the penalties which can be applied under the Work Health and Safety Act, 2011 and the Smoke-free Environment Act, 2000 for both the University and the employee;
      4. Ask whether the employee requires assistance to stop smoking, such as taking part in a quit smoking program or counselling through the University's Employee Assistance Program;
      5. Direct the staff member to refrain from smoking in non-designated smoking areas;
      6. Maintain a written record of this interview and advise the employee that subsequent breaches of this policy will result in formal disciplinary procedures in accordance with misconduct provisions.
   2. A second breach of this policy would be dealt with in the same way as an initial breach.
   3. Subsequent breaches of this policy will be dealt with in accordance with the unsatisfactory conduct provisions of the relevant collective agreement.
2. Students
   1. For an initial breach of this policy the matter will be referred to the student's Dean of the School who will:
      1. remind the student of their responsibilities under this policy regarding the health and safety of others;
      2. Explain the University's legal obligations;
      3. Explain the penalties which can be applied under the Work Health and Safety Act, 2011 and the Smoke-free Environment Act, 2000 for both the University and the student;
      4. Ask whether the student requires assistance to stop smoking, such as taking part in a quit smoking program or counselling through the Student Welfare Services and Student Counselling areas;
      5. Direct the student to refrain from smoking in non-designated smoking areas;
      6. Maintain a written record of this interview and advise the student that subsequent breaches of this policy will result in formal disciplinary procedures in accordance with Student non-academic misconduct provisions.
   2. A second breach of this policy would be dealt with in the same way as an initial breach.
   3. Subsequent breaches of this policy will be dealt with in accordance with the Student non-academic misconduct provisions.
3. Contractors and other visitors
   1. For an initial breach of this policy the matter will be referred to the Manager of the area which engaged the contractor or invited the visitor, who will:
      1. Remind the individual of their responsibilities under this policy regarding the health and safety of others;
      2. Explain the University's legal obligations;
      3. Explain the penalties which can be applied under the Work Health and Safety Act, 2011 and the Smoke-free Environment Act, 2000 for both the University and the individual;
      4. Direct the individual to refrain from smoking in non-designated smoking areas;
      5. Maintain a written record of this interview and advise the individual that subsequent breaches of this policy will result in the individual being directed to leave the premises immediately.
   2. For any subsequent breaches of this policy the supervisor of the Manager of the area which engaged the contractor or invited the visitor will direct the individual to leave the premises immediately.

Part C - Assistance for smokers

(14) The University recognises that some staff and students may require assistance to quit smoking. Employees may speak with a counsellor in accordance with the Employee Assistance Program for assistance in adjusting their smoking habits to align with this policy. Similarly, students can seek assistance from the UWS Counselling and Disability Services.

(15) Professional help to assist employees and students who wish to stop smoking is available from Quitline (a telephone advisory service available by calling 137 848). In addition, to encourage and support those staff wanting to quit smoking, the University will allow staff to access up to 8 hours special leave for the purpose of attending a recognised "quit smoking" program. This leave is subject to the same approval process as any other special leave. Staff are responsible for paying fees and other costs associated with their participation in a "quit smoking" program.

Part D - Policy Dissemination

(16) It is important that all persons on University Premises are aware of this policy. This will be facilitated as much as possible via the following means:

1. All current staff and students will be advised of the policy through the normal University Policy dissemination protocols and will be reminded of the policy from time to time;
2. All new vacant positions will be advertised with an advice about the University's Environmental Tobacco Smoke Policy; such advice will also be sent with letters of offer to successful candidates for vacancies;
3. Contracts issued for work at the University will refer to the University's Environmental Tobacco Smoke Policy;
4. Prospective students will be advised of the policy at the time of the University making them an offer to study.

Section 5 - Guidelines

(17) Relevant Legislation

1. Smoke-free Environment Act 2000.
2. Smoke-free Environment Regulation 2007.
3. Work Health and Safety Act 2011.
4. Work Health and Safety Regulation 2011.