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Interim compliance expectations for OHSR section 4.83

Hospitality employers who demonstrated a compliance plan to build a designated smoking area in the facility, but were not ready by May 1st 2002, still have an obligation to manage worker exposure to ETS while construction is being completed using all reasonable and practicable administrative controls, which could include a safe outdoor location or prohibition.

Interim compliance expectations are only applicable to employers that applied to the LCLB for a permit for a designated smoking room (DSR) before September 1, 2002. Establishments that apply for permits for DSRs after September 1st, 2002, must prohibit smoking indoors until the DSR is built and is fully functional with the Regulation.

The additional time to comply with all elements of the revised ETS requirements is typically required because of unavoidable delays such as:

  • contractors are not readily available to construct or modify ventilation systems or environmental separations for an indoor smoking room, or
  • additional time was required to obtain other non-WCB regulatory approvals.

An employer, who has not completed all necessary environmental separation or ventilation modifications because of unavoidable delays, must provide for compliance with all ETS requirements that can be implemented despite the unavoidable delays. These must include but not be limited to:

  • Smoking restricted to a "separate place for smoking", which must be:
    • no more than 45% of the public indoor floor area (other than a bingo hall),
    • no more than 65% of the public indoor floor area for a bingo hall,
    • no more than 45% of the licensed indoor floor space,
    • no more that 2 indoor areas (licensed facility),
    • each no more than 80 square metres (licensed facility),
    • clearly identified by signs etc., and
  • No workstation permitted in the smoking areas.
  • Limited staff entry to smoking areas (intermittently, 20% maximum)

In addition, the employer should implement interim reasonable and practicable controls, including engineering and administrative controls such as:

  • reducing the amount of recirculated air and increasing the amount of fresh air intake when smoking is permitted,
  • restriction on hours when smoking is permitted,
  • varying worker shifts so that they work during hours when limited smoking is permitted and when smoking is not permitted,
  • restrict smoking to a safe outdoor location such as a patio,
  • prohibit smoking.