Workplace Smoking Policy Sample: Legal Essentials For Australian Businesses

How you manage smoking at work affects more than just where people take a break. It shapes safety, culture and compliance across your business.

Whether you run a cafe in Sydney, a warehouse in Adelaide or a professional services office in Brisbane, a clear, practical workplace smoking policy helps you meet your legal duties and sets fair expectations for everyone.

In this guide, we explain the laws that apply in Australia, what to include in a workplace smoking policy, and a step-by-step process to roll it out confidently. You’ll also find a plain-English sample policy you can tailor to your team.

Why Have A Workplace Smoking Policy In Australia?

A short written policy makes life easier for managers and employees. It also supports your work health and safety obligations and reduces the chance of disputes.

• Health and safety: You must provide a safe workplace and manage risks, including exposure to second-hand smoke and vapor.
• Clarity and consistency: Everyone knows where smoking is and isn’t allowed, when breaks can be taken and how the rules are enforced.
• Professionalism: A well-communicated policy helps you maintain clean entrances, common areas and company vehicles.
• Compliance: State and territory smoke‑free laws ban smoking in most enclosed workplaces (and some outdoor areas) and set signage rules.

You’re not legally required to have a dedicated “smoking policy” document, but having one is good practice. Many businesses include it as part of an overall workplace policy suite or a staff handbook, so expectations sit in one place.

What Laws Apply To Smoking At Work?

Australia’s approach is consistent: smoking is prohibited in most enclosed workplaces nationwide, with extra rules for certain outdoor areas. Exact details (like buffer distances from doorways and signage) come from state and territory legislation.

National WHS Duties

Under work health and safety laws, you must identify and manage risks to workers and others, consult with workers on health and safety matters, and provide information and training about safe work practices.

In practice, that means assessing smoking and vaping risks (including second‑hand smoke and aerosol), deciding where smoking is prohibited or allowed, consulting on any proposed designated area, and communicating the rules clearly.

State And Territory Smoke‑Free Laws

Every jurisdiction bans smoking in enclosed workplaces and many work vehicles, and restricts smoking in specific outdoor areas. Common requirements include:

• Enclosed spaces: No smoking in indoor areas of workplaces and public venues.
• Vehicles: No smoking in work vehicles that are “enclosed” or used by more than one person.
• Outdoor areas: No smoking in outdoor dining areas while food is served, and buffer zones near entrances, air intakes or children’s play areas (details vary by state/territory).
• Signage: Prescribed “no smoking” signs in certain areas (signage obligations sit in tobacco/smoke‑free laws rather than WHS law).

Penalties for employers generally relate to allowing smoking in prohibited places or failing to display required signage. Your policy should reflect your local rules for entrances, outdoor dining and designated smoking areas.

What About Vaping And E‑Cigarettes?

Most states and territories regulate vaping similarly to smoking in smoke‑free areas. To avoid confusion (and gaps), define “smoking” in your policy to include e‑cigarettes and vapes unless local law requires different treatment.

Breaks And “Smoker’s Breaks”

There’s no legal right to extra breaks for smokers. Employees are entitled to breaks under their award or enterprise agreement and your roster practices. If you allow additional smoking breaks, apply a consistent approach across the team and be clear about whether time must be made up.

It’s a good idea to align the policy with your existing rules on workplace break laws so managers have a single reference point.

Discrimination And Fairness

In Australia, “smoking status” by itself is generally not a protected attribute under discrimination law. You can introduce lawful and reasonable directions such as “no smoking on premises at any time”.

However, treat all staff fairly and watch for related issues (e.g. a medical condition) that may engage other legal duties, including your general duty to consult and accommodate where reasonable.

What Should Your Workplace Smoking Policy Include?

Your policy should be clear, practical and tailored to your premises and state rules. Keep it short so people actually read it.

• Purpose: State that you’re protecting health and safety and complying with smoke‑free laws.
• Scope: Confirm the policy applies to employees, contractors, labour‑hire workers, volunteers, visitors and customers (where relevant).
• Definitions: Define “smoking” to include cigarettes, cigars, pipes, e‑cigarettes and vapes (unless you need to separate them for your jurisdiction).
• Where Smoking Is Prohibited: List “all enclosed areas”, “company vehicles” and any specified outdoor areas (like within X metres of entrances, outdoor dining areas while food is served, or any area where smoke may drift into buildings).
• Designated Smoking Area (if any): Map the location, require proper disposal, and set safety conditions (e.g. away from doors, air intakes and pedestrian paths).
• Breaks: Explain how smoking and non‑smoking breaks are managed (usually within rostered breaks).
• Signage: Note that required “no smoking” and smoking area signs will be installed and maintained as per local law.
• Responsibilities: Set expectations for managers and employees, including reporting and addressing breaches.
• Support: Optionally include quit‑support information or referral to HR.
• Breaches: Outline your graduated response, aligned with your conduct procedures and Employment Contract.
• Review: Say when you’ll review the policy (e.g. annually or if the law or workplace changes).

Workplace Smoking Policy Sample (Copy And Tailor)

Workplace Smoking Policy (Sample)

1. Purpose
 is committed to a safe, healthy and respectful workplace. This policy manages smoking and vaping to protect workers and visitors, reduce exposure to second-hand smoke and comply with applicable smoke-free laws.

2. Scope
This policy applies to all workers (employees, contractors, labour-hire, volunteers) and to visitors and customers while on  premises or using company vehicles.

3. Definitions
“Smoking” includes cigarettes, cigars, pipes, electronic cigarettes and vaping devices (e-cigarettes).

4. Smoking Is Prohibited
Smoking is not permitted in:
• Any enclosed area operated or controlled by , including offices, warehouses, kitchens, lunchrooms, bathrooms and meeting rooms;
• Company vehicles or any vehicle used to transport multiple workers; and
• Outdoor areas where prohibited by local law (including outdoor dining areas while food is being served and buffer zones near entrances or air intakes).

5. Designated Smoking Area (If Applicable)
Smoking is permitted only in the designated area at . Dispose of butts in the bins provided. Smoking must not occur near entrances, windows, air intakes or pedestrian thoroughfares. If no designated area is listed here, smoking is not permitted on the premises.

6. Breaks
Smoking may only occur during rostered breaks. Additional breaks are not provided for smoking unless approved by a manager and any additional time must be made up.

7. Signage
“No Smoking” and any “Smoking Area” signs will be displayed and maintained as required by local smoke-free laws.

8. Responsibilities
All workers and visitors must comply with this policy. Managers are responsible for communicating the policy, maintaining signage and designated areas, and addressing breaches promptly and consistently.

9. Support
 supports employees who wish to quit smoking. Contact  for information about support services.

10. Breaches
Non-compliance may result in coaching, warnings or other disciplinary action in line with our conduct procedures and applicable employment agreements.

11. Review
This policy will be reviewed .

Use this sample as a starting point and adjust the wording for your location, work sites and workforce. If you’re keeping all policies together, align it with your staff handbook structure and policy style.

How To Implement And Enforce Your Policy (Step‑By‑Step)

Rolling out the policy carefully builds buy‑in and keeps you compliant with consultation duties.

1) Consult Your Team

Consultation is a WHS requirement on health and safety matters. Share a draft with staff and elected HSRs (if any), ask for feedback on designated areas and break management, and consider reasonable adjustments. Note any agreed changes.

2) Decide On Designated Areas (Or Go Smoke‑Free)

Some worksites benefit from a designated area that reduces smoke drift and littering. Others choose to be completely smoke‑free on premises. Either approach is fine if it’s lawful, clearly communicated and consistently enforced.

3) Install Required Signage

Smoke‑free signage obligations sit in state and territory tobacco or smoke‑free laws (and, in some cases, local council rules). Put up “no smoking” signs at entrances and other required locations, and signpost any permitted area. Keep signs clean and visible.

4) Communicate, Train And Acknowledge

Issue the policy via email or your HR system, run a short briefing and ask workers to acknowledge receipt. Managers should be trained on how to respond to breaches and questions. If you host policies online, keep them with your broader workplace policy framework for easy access.

5) Align With Breaks And Rosters

Make sure the rules line up with how you schedule breaks under the relevant award or enterprise agreement. If you’re unsure, review your approach to break entitlements and update manager guidance.

6) Enforce Consistently

Apply the same rules to everyone (employees, contractors and visitors). Address issues early and document conversations. Your disciplinary process should align with what’s in each Employment Contract and your conduct policies.

7) Review Annually

Check the policy each year or when your layout, operations or state rules change. If you add new policies (for example, a mobile phone policy), keep wording and enforcement approaches consistent.

Common Pitfalls (And How To Avoid Them)

• Skipping consultation: Not consulting can undermine buy‑in and may breach WHS consultation duties. Share the draft and record feedback.
• Vague rules: If “where” and “when” are unclear, disputes follow. Use simple, specific wording and include a site map if helpful.
• No signage: State laws often prescribe signage. Keep required “no smoking” signs at entrances and any designated area signage obvious and in good condition.
• Inconsistent enforcement: Turning a blind eye invites complaints. Train managers to respond consistently and document steps taken.
• Forgetting vehicles: Company cars and shared vehicles are commonly overlooked - include them explicitly.
• Not including vaping: Many jurisdictions treat vaping like smoking in smoke‑free areas. Cover e‑cigarettes to reduce confusion.
• Unclear privacy handling: If you record any health information (e.g. participation in a quit‑support program), ensure your Privacy Policy and HR processes handle it appropriately.

What Other Documents Should Sit Beside Your Smoking Policy?

A strong policy works best as part of a wider, consistent workplace framework. Consider keeping these in place and up to date:

• Employment Contract: Sets expectations, discipline processes and references to applicable policies. See Sprintlaw’s Employment Contract options.
• Workplace Policies/Staff Handbook: Centralises conduct, break management, drug and alcohol, bullying and harassment and WHS rules in a single staff handbook or policy suite.
• Workplace Policy (General): If you’re building out your policy library, align structure and process with your broader workplace policy approach.
• Privacy Policy: Required if you collect personal information, and useful if HR processes involve sensitive information. Keep your Privacy Policy current.
• Breaks and Rostering Guidance: Manager notes and intranet pages should reflect your obligations under relevant awards and your approach to break entitlements.

You don’t need every policy on day one, but it’s helpful to prioritise the ones that control daily risk and team culture.

Key Takeaways

• Australian smoke‑free laws ban smoking in most enclosed workplaces and restrict it in many outdoor areas, with signage obligations set by state and territory legislation.
• A short, clear workplace smoking policy improves safety, culture and compliance and helps managers enforce rules consistently.
• Include purpose, scope, definitions (covering vaping), prohibited areas, designated areas, breaks, signage, responsibilities, breaches and review.
• Consult your team, install required signs, train managers, align with break rules and document acknowledgements.
• Avoid common pitfalls like vague wording, inconsistent enforcement, missing signage and overlooking vehicles and vaping.
• House your smoking policy alongside core documents like your Employment Contract, staff handbook, workplace policy framework and Privacy Policy.

If you’d like a consultation on drafting or reviewing a workplace smoking policy (or any workplace policies) for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.