Tobacco Documents Online

Instructions for employees N°. 21 Smoking or No Smoking in the Workplace Practical application of Art. 19 of Order 3 of the LaboY Act. (ArGV 3) GUIDELINES FOR THE EMPLOYER 1. Introduction Art. 19 ArGV 8, in force since October 1, 1993, reads: "The employer must • ensure that, within the limits of practical operation, nonsmokers are not annoyed by the smoking of other persons." The Central Association of Swiss Employer Organizations (ZSAO) considers it useful to give employers legal and practical advice for industrial application of the new standard. In this connection, the results of the ZSAO/LINK survey, "Smoking in the workplace", of July 1994 (see "Schweizer Arbeitgeber" No. 45/46 1994, p. 1080 ff.) are taken into account. BIGA is preparing "guidelines" for the new ArGV 8, which are expected to appear in the spring of 1995. The present "tips" are along the same lines as these "guidelines", so far as the text presently in preparation is not known. 2. General Principles • A good company atmosphere is characterized by mutual tolerance and consideration. This applies to the relationship between smokers and nonsmokers as well. Just as some self-restraint may be expected of smokers, so understanding for the needs of their smoking colleagues may be expected of nonsmokers. Labor relations in our country are characterized by cooperation between labor and management. Therefore a company's arrangements for the protection of nonsmokers should be made in consultation with each another. Such joint solutions are preferable to bans. This is also the intent of the intent of the new Participation Act (in force since 1 May 1994), which finds application in this area of labor law. Attention should be called to the fact that, very generally, the owner of an enterprise has a duty to provide effective ventilation and good air quality in the workplace. If this obligation is taken seriously, many problems never come up at all for nonsmokers. Reprint from Schweizer Arbe;itgeber. 49/50. December 8 1994 Page 1

In working out solutions, the various types of organization, structure and function of workplaces have to be taken into account. mechanical solutions for the whole enterprise do not take the legitimate individual needs of employees into account. is 3. Legal Considerations Management is responsible for the issuance of any inhouse smoking regulation. But employees have the right to a hearing and are entitled to make proposals. "Within the limits of practical operations" brings out the fact that, when a smoking regulation is issued, considerations must be shown for specific operating conditions as well as structural possibilities. Reasonable rules should be made which, on the one hand, fit into company procedure but, on the other, also creatively take practical operation into account. With regard to smoking in the workplace, the new Article 19 ArGV 3 does not release the employer from displaying tolerant and liberal behavior and ensuring that his employees are given the desired opportunity, practical in terms of place and/or time, to smoke. Discrimination against smokers should be avoided. When the employer has done the necessary to avoid real annoyance of nonsmokers, he has complied with the duty imposed upon him in Article 19 ArGV 3. 0 4. Practical Suggestions 4.1. Offices and Administrative Buildings 4.1.1 Private offices: one-person workplaces: - As a rule, the individual user should decide. 4.1.2 Multiperson offices: large offices: conference rooms: - Any rule should be established jointly after consultation with all users. - If a smoking ban is issued, smokers should be given reasonable opportunities, in terms of space and time, for smoking (in a zone of the room designated for the purpose and/or in other quickly reachable premises selected for the purpose). - When long meetings are held, smoking breaks should be provided. Reprint from Schweizer Arbeitgeber. 49/50. December 8 1994 Page 2

4.2. Spaces for general use and spaces accessible to the public (e.g., reception rooms, corridors, staircases, elevators, lavatories, cloakrooms, libraries, first-aid rooms, etc.) - Here, too, space and ventilation conditions should be taken into account. - Any restrictions or bans should be established according to the opportunities for smoking existing elsewhere in the concern. 4.3. Places of relaxation (e.g., canteens, cafeterias, restaurants, lounges, etc.) - In such places smoking should in principle be allowed. - When necessary and possible, however, non smoking and smoking zones may be set up. S • 4.4. Shops and factory buildings Smoking should unquestionably always be prohibited when necessary for reasons of fire safety, hygiene or satisfactory operating routines. As concerns the element of annoyance, the suggestions under No. 1 (offices and administrative buildings, namely with reference to the selection of zones and smoking breaks) should be applied as appropriate. 4.5. Special cases - Spaces in which hygiene and safety are paramount concerns (e.g., gas stations, certain warehouses, certain sales rooms, laboratories, kitchens, etc.) should be specially evaluated from specific viewpoints in each instance. - As a rule, smoking bans in such places are self-evident and are generally accepted, provided that they are necessary for reasons of fire protection, hygiene or general safety. 4.6. When regulations are issued, the various types of organization, structure and function of workplaces should be taken into account. The regulations may vary, according to whether - factory buildings - shops - offices - places of relaxation (canteens, lounges, etc.) - places of general use and/or places accessible to the public (reception rooms, corridors, etc.) are involved. 4.7. Smoking and nonsmoking zones should be preferably be identified by signs. 4.8. When rules and regulations are made, the staff should be clearly informed of them. Reprint f'rorn Schweizer Arbe.it`reber. 49/50. December 8 1994 Page 3