Lango, B. (2016). Workplace Managers
May soon be “State Guests” due to SMOKING ZONES. Intel Fire Group of Companies Blog. Nairobi, Kenya. October
02, 2016.
Many companies in Kenya are yet to
conform to the new tobacco regulations legal notice 169 of 2014 that came into
force 26 September 2016. These regulations are enforced to operationalize the
tobacco control act 2007 after a long protracted court battle that pit the
government on one side and tobacco companies on one side. There is a saying
that goes “The arms of the government are
literary long” and looking at the tobacco act and now the regulations, one
thing stands out the tobacco industry in
Kenya has just experienced the long arm of the government. Even though statistics
indicated that at least 97% of adult Kenyans supported the prohibition of
smoking in restaurant, the number of smoking Kenyans are still high. The tobacco
control act 2007 intention therefore is to ensure that the right of every Kenyan
to a smoke free environment from second cadre smokes. This law is therefore
very particular and in section 33 lists the prohibited smoking areas and in 33
(2) (a) prohibits smoking in offices and workplaces including corridors,
lounges, eating area, reception areas, lifts, escalators, foyers, stairwells,
toilets, laundries, and amenity areas of such places. In short the act is saying
“Managers or owners of workplaces do not allow smoking at the workplace unless
it has a designated smoking zone and to the tobacco industries “one who chases you away does not tell you
leave. Do not wait until you are told.”
Recommended Designated Smoking Zone within a Workplace
Remember the occupational health and
safety act 2007 only required workplaces to designate and put a SMOKING ZONE
sign for places where smoking were allowed within the workplace. Well, this is
not the case with the tobacco control act 2007.
Section 35 of the act allows managers or owners of a prohibited smoking
area to provide a specially designed smoking area but this has to comply with
certain conditions. These conditions includes establishing a room that is
separate, enclosed and sealed from the floor to the roof with a door, and that it
is ventilated in such a manner that air from the room does not re-circulate or
drift to other areas within the workplace. To cap it all the Tobacco Control
Regulations Legal notice no. 169 of 2014 require managers or owners of premises who
intends to establish a designated smoking area in accordance with section 35 of
Tobacco control act 2007 to get a certificate of compliance from the Director
of Medical Services. This simply means that your manager should not allow
smoking until a designated smoke zone is established and a certificate of the
zone compliance given by ministry of health.
So how do you comply if you are not
interested in having a SMOKING ZONE within the workplace? Simple, as the manager or owner of the workplace ensure
that the recommended signage communicating prohibition of smoking within the
workplace is displayed as required. Again the regulations has gone too far to
specify the exact format of the warning messages and even specify the paper
size, the font type to be used, fore and background color. No jokes here as
non-compliance may earn you the manager or the owner of the premises a fine not
exceeding fifty thousand Kenyan money or a guest of the state for a term not
exceeding six months, or both the fine and being a state guest. As a manager or owner of workplace therefore
take care and implement the regulations required as the option of BEING
A STATE GUEST MIGHT NOT BE SO WELCOMING. LET THE STATE BE YOUR GUEST BUT NOT
VICE VERSA.
The writer is a PhD Generalist in
Service Delivery and Project Management.