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Regulation of e-cigarette use in the workplace

Background

WorkSafe WA is inviting public submissions on proposed amendment the Work Health and Safety (General) Regulations 2022 and Work Health and Safety (Mines) Regulations 2022 (WHS Regulations) regarding e-cigarette use in the workplace.

There is growing evidence of negative health effects from e-cigarette use and exposure to second-hand e-cigarette vapour. Western Australia’s WHS Regulations do not specifically regulate the use of these products. E-cigarettes are also referred to as ‘vapes’ and the use as ‘vaping’.

The proposed amendment applies the same laws to e-cigarettes and vaping as those for traditional tobacco products (e.g. cigarettes, cigars, pipes). This will:

  • prohibit use of e-cigarettes in an enclosed workplace (Note: A vehicle used for business is considered to be a workplace); 
  • require a sign or notice to be displayed that using e-cigarettes are prohibited at the workplace;
  • enable WorkSafe inspectors to request people to stop using an e-cigarette in a workplace;
  • protect the health and safety of workers and others at a workplace from the smoke, aerosol or vapour released by e-cigarettes through vaping; and
  • impose penalties for e-cigarette use in an enclosed workplace.

Subject to this consultation, changes to the regulations would seek to take effect at the end of 2024.

Getting involved

Your feedback is sought on whether you support the proposed change and how this may impact you or your workplace.

Unless advised by the submitter, all submissions will be collectively made available to the public in a consultation summary. Submissions will be published verbatim with the submitter listed.

Please use the cover sheet and feedback template to submit your comments to safetycomms@demirs.wa.gov.au