Legal Framework for Smoking on Construction Sites in South Africa

Tobacco Products Control Act and Notice R.975 (2000)

Smoking in the workplace—including construction sites—is governed foremost by the Tobacco Products Control Act, 1993, as amended, and the associated Regulations published under Notice R.975 of 2000.

• Under these laws, the workplace is defined as a “public place”, meaning smoking is prohibited except in certain compliant designated areas
• Employers may designate up to 25% of the enclosed workspace as a smoking area—or choose to ban smoking entirely
• These designated areas must:
  • Be clearly separated from other parts of the workplace by a solid partition and door, with a “SMOKING AREA” sign in black lettering (minimum 2 cm height, 1.5 cm breadth) on a white background
  • Incorporate ventilation that exhausts smoke directly outdoors, with no recirculation into the workplace
  • Display prominent health-warning signage, for example:

“SMOKING OF TOBACCO PRODUCTS IS HARMFUL TO YOUR HEALTH…” including a quitline number

• • Ensure that no ashtrays are present in non-smoking zones
  • Display “No Smoking” signs in all prohibited areas that comply with regulation standards, including the warning:

“ANY PERSON WHO FAILS TO COMPLY WITH THIS NOTICE SHALL BE PROSECUTED AND MAY BE LIABLE TO A FINE”

Employers are legally required to:

• Ensure non-smokers are protected from secondhand smoke, and that employees can object to smoking in the workplace without retaliation.
• Implement a written workplace smoking policy within three months of the business commencing or after the 1999 amendment of the Act
• They are not obligated to offer smoke breaks; should smoking breaks be allowed, they may mandate that time be offset via overtime or wage deduction

Construction Sites as Workplaces

Construction sites fall under the definition of workplaces, meaning the same smoking restrictions apply. Given the dynamic and often semi-enclosed nature of these environments, companies must take extra care to comply without compromising site safety protocols.

• Indoor structures (e.g., site offices, cabins, vehicles) should be 100% smoke-free, with no permitted smoking
• Any designated smoking area must be outdoors or well-ventilated and separated from working zones, not near entrances or high-traffic pathways to limit exposure to non-smokers
• The employer must ensure smoking does not interfere with workflows, PPE protocols, or compromise compliance with broader Construction Regulations (2014), which require maintaining workplace health and safety without undue hazards or distractions

Role of SANS (National Building Regulations)

While the SANS 10400 series primarily addresses building design, ventilation, and safety requirements, Part O—which deals with lighting and ventilation—provides guidance relevant to the design and planning of any enclosed smoking spaces.

• Any permanent smoking room or booth on-site must meet ventilation standards as outlined in SANS 10400‑O, ensuring adequate extraction and air quality control
• Such enclosed areas generally require submission of building and ventilation plans to local environmental health authorities and approval by a registered professional, a protocol that typically extends to site-built structures, too

Ensuring legal compliance with smoking regulations on construction sites in South Africa involves:

• Recognising that smoking is banned in enclosed work areas, vehicles, and site offices.
• If provided, the designated smoking area must meet strict criteria—partitioning, ventilation, signage, and policy.
• Employers must protect non-smokers, implement a written policy, and retain the option not to provide smoke breaks.
• When enclosed smoking rooms are constructed on site, they must meet ventilation design requirements as per SANS 10400-O and be appropriately approved.

By adhering to these legal standards, construction site operators protect health, uphold regulations, and foster a safer, fairer working environment. Let me know if you’d like help drafting a compliant smoking policy or signage toolkit tailored for your site.

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