Employers may not smoke in their own vehicle or home when one of their employees is present. Employees may not smoke in their own vehicle or home when another employee who works for the same employer is present. The Occupational Safety and Health Regulations on smoking cover employers, employees and self-employed people, but they do not cover visitors to the workplace or patrons in workplaces catering for members of the public, such as restaurants and hotels. Visitors and patrons are covered by health regulations on smoking in enclosed public places. Where a workplace is also a public place, both sets of regulations apply at the same time.
Some public places have an exemption from the health regulations on smoking.
This means the public is allowed to smoke in certain areas. However, the Occupational Safety and Health Regulations still prohibit employers, employees and self-employed persons from smoking, even in these areas. An exemption allowing smoking in certain public places does not affect the duty of care of employers under the Occupational Safety and Health Act 1984 to ensure that, as far as practicable, employees are not exposed to hazards at work. Smoking is generally prohibited in shopping centres, indoor sporting venues, food halls and restaurants. There are some exemptions.