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HomeMy Public PortalAboutBy-Law 2018-26 Adopt Smoke-Free Workplace PolicyCORPORATION OF THE MUNICIPALITY OF TWEED BY-LAW NO. 2018-26 Being a By-law to Adopt a Smoke -Free Workplace Policy for the Municipality of Tweed. WHEREAS the Municipal Act, 2001 provides the general authority for Councils to adopt policies; NOW THEREFORE the Council of the Corporation of the Municipality of Tweed enacts as follows: 1. THAT the Smoke -Free Workplace Policy attached hereto as Schedule "A" to this By-law, is hereby adopted as the Smoke -Free Workplace Policy for the Municipality of Tweed. 2. THAT this By-law shall come into force and take effect immediately upon the passing thereof by the Council of the Corporation of the Municipality of Tweed. Read a first and second time this 24th day of April, 2018. Read a third and fmal time, passed, signed and sealed in open Council this 24th day of April, 2018. O , At- f dier}r-/ aK)--D\ SCHEDULE "A" TO BY-LAW NO. 2018-26 CORPORATION OF THE MUNICIPALITY OF TWEED. Smoke -Free Workplace Policy Purpose The Municipality of Tweed wants to provide a healthy and safe environment for all employees, clients, volunteers and visitors. The Municipality of Tweed recognizes the risks associated with second-hand smoke and wishes to protect its employees, client, volunteers and visitors from these risks. Policy Statement It has been determined that second hand smoke (exhaled smoke and the smoke from idling cigarettes, cigars and pipes) is a health hazard; and it is desirable for the health, safety, and welfare of the inhabitants of the Municipality of Tweed to provide for a smoke -free environment in its workplaces; and the Municipality of Tweed has the authority to prohibit and regulate the smoking of tobacco and the carrying of lighted tobacco products in the workplaces pursuant to Section 115 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended. 1. Definitions In this policy: "Municipality" means The Corporation of the Municipality of Tweed "Council" means the Municipal Council of The Municipality of Tweed "employee" includes a person who, (a) Performs any work for or supplies any services to an employer, or (b) Receives any instructions or training in the activity, business, work, trade, occupation or profession of the employer; "employer" means Municipality of Tweed "enforcement officer" means any person appointed by the Hastings & Prince Edward Counties Health Unit to enforce this policy or any person appointed by Council as a municipal by-law enforcement officer to enforce this policy or any police officer of the Central Hastings OPP; "smoking" includes carrying a lighted cigar, cigarette, pipe or any other lighted smoking instrument and "smoke" has a corresponding meaning; and "workplace" means any enclosed area of a building or structure in which an employee works and includes but is not limited to washrooms, corridors, lounges, eating areas, reception areas, elevators, foyers, hallways, stairways, amenity areas, lobbies, laundry rooms and parking garages utilized by an employee, as well as any employer -owned or operated vehicles. 2. Smoking Prohibited No person shall smoke in the workplace. Page 2 — Smoke -Free Workplace Policy 3. Smoking Not To Be Permitted No Manager or Supervisor shall permit smoking in the workplace. ii. Every Manager or Supervisor of a workplace shall ensure that smoking is not permitted in the workplace. 4. Inspection of Workplace For the enforcement of this policy, and enforcement officer, upon producing proper identification, may, at all reasonable hours, enter any workplace or any building or structure in which a workplace is situate and may make examinations, investigations and inquiries. 5. Offences Every person who smokes in the workplace in contravention of section 2 is guilty of an offence. ii. Every Manager or Supervisor who permits smoking in the workplace in contravention of section 3 is guilty of an offence. iii. Every person who contravenes any provision of this policy is guilty of an offence. 6. Neglect of Duty Any Manager or Supervisor who refuses, fails or neglects to perform any of the duties imposed upon him, her or it under any of the provisions of this policy is guilty of an offence. 7. Obstruction Any person who hinders or obstructs, or attempts to hinder or obstruct, an enforcement officer lawfully carrying out the enforcement of this policy is guilty of an offence. 8. Penalty Every person who is convicted of an offence under any provision of this policy shall be liable to a penalty as set out in section 61 of the Provincial Offences Act, R.S.O. 1990, C. P. 33, or any successor. thereof. 9. Conflict If a provision in this policy conflicts with the Smoking in the Workplace Act, or any other Act or a regulation, the provision that is the most restrictive of smoking prevails. 10. Severability If any section or sections of this policy or parts thereof are found in any court of law to be illegal or beyond the power of Council to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of this policy shall be deemed to be separate and independent there from and to be enacted as such. 11. Contraventions Non-compliance of this policy will be brought to the attention of Council and the following penalties will be implemented: 0 Page 3 — Smoke -Free Workplace Policy First Offence — Fine of $250.00. All provincial fines levied against the Municipality or the employee's direct or indirect supervisors shall be the responsibility of the employee. ii. Second Offence — Fine of $500.00. All provincial fines levied against the Municipality or the employee's direct or indirect supervisors shall be the responsibility of the employee. iii. Third Offence — May result in termination for cause. All provincial fines levied against the Municipality or the employee's direct or indirect supervisors shall be the responsibility of the employee. In all instances a letter shall be sent to the employee outlining the offence; indicating that a copy of the letter would be placed in their employment file; and advising that the Municipality would support the employee if they made an effort to quit smoking. 0