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Smoke-Free Work Sites
The WCB is committed to providing safe workplaces for all workers. Second-hand smoke is unsafe for workers. All enclosed work sites in the NWT and Nunavut will become smoke-free on May 1, 2004.
What is an enclosed work site?
For practical purposes, a work site is enclosed once the walls are up and the roof is in place. Doors and windows do not need to be in place for it to be considered enclosed.
Where must I prohibit smoking?
You must prohibit smoking in the enclosed work site. You must also prohibit smoking within a three metre radius of exits or entrances to the enclosed work site, if you own or control that area.
Is there anywhere I can allow smoking?
Employers have the option to permit smoking in private residential units and in designated smoking areas or smoking structures outside of the enclosed work site.
What is a smoking structure?
A smoking structure is any structure outside the enclosed work site that meets the building code and does not allow any expelled smoke to come in contact with workers entering or leaving the workplace. It may be within a three metre radius of an entrance or exit of the enclosed work site.
Do I have to post “NO SMOKING” signs?
This is not required, but signs are recommended.
Where can I get “NO SMOKING” signs?
The WCB will provide signs at no cost. Contact the WCB library at (867) 920-3888 or toll-free at 1 (800) 661-0792
Who is going to enforce the new Environmental Tobacco Smoke legislation?
The regulations will be enforced by WCB Prevention Services staff.
What if I don’t comply?
As an employer you can be fined up to $5,000 per offence.
What if my workers don’t comply?
Workers can be fined up to $500 per offence.
Are there any exceptions to the enclosed workplace smoking ban?
A few. Conditional exceptions to the prohibition are work sites which also include private residences, for example: hotels, elders’ homes and fly-in mine sites.
Can I send my worker to an area where there is tobacco smoke if I provide Personal Protective Equipment such as a respirator and appropriate filters?
No, the regulations do not allow this option.
How can an area be effectively cleared of environmental tobacco smoke?
Effective clearance of environmental tobacco smoke depends on the circumstances. In places such as hotel rooms, clearance of tobacco smoke is considered to be one hour after smoking has occurred, or the amount of time needed for two complete air changes in the room. In the case of designated smoking rooms, which have a higher concentration of environmental tobacco smoke (e.g. at a mine site), air clearing is considered to be four complete air changes.
Can a worker refuse to work because they smell tobacco smoke in the work site?
A worker can refuse work that he considers to be reasonably unsafe. What is reasonable will depend on individual circumstances. Are people smoking now? Has the area been effectively cleared of the smoke as per the guidelines mentioned above?
Guidelines for Designated Smoking Structures
(Reference: Section 3, Environmental Tobacco Smoke Work Site Regulations)
- These structures must be outside of an enclosed work site;
- These structures are designed to provide a place for smoking that is somewhat sheltered from the inclement weather;
- A designated smoking structure can not be an enclosed work site; (the Safety Act definition of work site includes “as location where a worker…is likely to be engaged in work…”)
- In order to permit the free circulation of outside air, these structures shall not be fully enclosed, with a minimum of 30% of the structure's wall space open at all times.
- They may be constructed within three (3) meters of an entrance or exit to an enclosed work site provided that Environmental Tobacco Smoke does not come in contact with workers using the entrance or exit;
- They may be heated
- They may have seating
*These guidelines do not apply to designated smoking rooms that fall under section 5 and 6 of the regulations (ex. nursing homes and isolated work camps).
*These Guidelines are provided to re-confirm and enhance information previously provided to all NWT and Nunavut Employers early in 2004.
For more information or a copy of the WCB’s Legislation on
Environmental Tobacco Smoke: Visit our website at www.wcb.nt.ca or www.wcbnunavut.ca or contact:
Dave Grundy Manager, Communications and Information
Workers’ Compensation Board of the Northwest Territories and Nunavut
Tel: (867) 669-4442
Fax: (867) 669-4450
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