Workplace Managers May soon be “State Guests” due to SMOKING ZONES.

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.

Contact: benard.lango@gmail.com