Tuesday, November 6, 2012

Smoking Prohibition

Smoking Prohibition
The Smoking (Prohibition in Certain Places) Act seeks to provide a clean, safe and healthy environment for the public and to safeguard them from the harmful health effects of second-hand smoke.
It is an offence for a person to smoke in a non-smoking areas listed under the Smoking (Prohibition in Certain Places) Act.
The law requires the manager of the premises where smoking is not permitted to enforce the prohibition of smoking, including putting up signage to inform people of the smoking prohibition. There are penalties for the managers should they not enforce the smoking prohibition.
Individuals

Places where smoking is prohibited
Smoking is prohibited in the majority of indoor locations in Singapore—including cinemas, air conditioned shopping malls and offices, bus interchanges and shelters, swimming pools, sports stadia, etc. Designated smoking areas are allowed in certain premises such as eating establishments and entertainment outlets. 
Penalties for violations by smokers
An individual who is caught smoking in a prohibited place is liable on conviction to a fine of $200. If convicted in court, the offender may be liable to a fine of up to $1,000.
Reporting violations
It is the responsibility of the management to deal with a smoker who violates the smoking prohibition, including asking the smoker to stop smoking or leave the premises.
Members of the public should report violations to the management, whenever possible, for them to deal with. In public places where there is no specific managing agent to deal with violators, the public can contact the NEA at 1800-CALL-NEA (1800-2255 632) to file a report.
Businesses

Smoking prohibition in business premises
The majority of business premises in Singapore are required to be partly, if not fully, smoke-free. Legislation has been progressively introduced from the 1970 to the present day to make work environments safer and more comfortable for employees and patrons. Two of the more recent changes to the legislation include the prohibition of smoking in non-air conditioned eating establishments in July 2006 and in entertainment outlets from July 2007 onwards.
Responsibility of the Management
It is the duty of the management of a business premises to put up signage and to ensure that the smoking prohibition is observed at the premises. The manager has a duty to ask smokers to stop smoking or leave the premises.
If the smoker refuses to leave, the management or its representatives should deal with the smoker as it would with difficult or uncooperative persons. The manager of the premises may wish to report the incident to NEA at 1800-CALL-NEA (1800-2255 632) so that NEA officers may schedule the premises for inspection to help ensure compliance. If the smoker becomes abusive or violent, we suggest the management to seek assistance from the Police. NEA provides a useful guide for operators of entertainment outlets titled ‘ Going Smoke-Free’ that explains how to best deal with violators of the smoking prohibition.
It is suggested that businesses train their employees on how to deal with customers who do not observe the smoking prohibition.
The Law protects the manager
Under the law, any person who hinders, obstructs, threatens, abuses, molests or assaults the manager in the performance of his duty is liable on conviction to a fine of up to $1,000, a jail term not exceeding 6 months, or both.
Creating a smoking corner/smoking room
Where the legislation permits it, businesses such as eating establishments and entertainment outlets are allowed to establish a designated smoking area in their premises. Permission is required from NEA in order to set up a smoking area. Further details on the requirements and procedures for setting up a smoking area in an eating establishment or an entertainment outlet, as well as application forms are available for download .
NEA inspection of business premises
NEA officers regularly inspect business premises around Singapore to ensure that the smoking prohibition is being adhered to. If NEA officers inspect a business premises, the operator should cooperate and allow the officers full access to the establishment. It is suggested that the manager or a staff accompany the officers at all times during their inspection, in order to provide explanations where necessary or to receive comments. If the inspection uncovers any violations, the NEA officers may issue a fine on the spot.
Smoking Related Issues Under Other Agencies

Underage smoking
Smoking under the age of 18 is an offence. Underage smoking comes under the purview of the Health Sciences Authority (HSA)’s Tobacco Regulation Unit
Contraband cigarettes
The regulation and control of contraband cigarettes (those illegally imported into Singapore) is the responsibility of Singapore Customs. Further information can be found on their website
Sale of Cigarettes
Licensees must possess a valid licence in order to sell tobacco products. The license can be applied from the Tobacco Regulation unit in HSA.
National Smoking Control Programme (NSCP) 
The NSCP by the Health Promotion Board (HPB) aims to reduce smoking prevalence in Singapore through the following key strategies:
  1. Public education
  2. Legislation
  3. Tobacco taxation
  4. Partnerships
  5. Provision of quit smoking services
For more information on the NSCP please visit HPB’s website.
 
  

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