| 1.1 |
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Your attention is drawn to Circular 46/2003 of 6 March 2003 that contains the Smoking Policy of the Western Cape Provincial Administration (WCPA) and that provides the Western Cape Education Department (WCED)’s implementation guidelines. |
| 1.2 |
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This policy is applicable to all office-based and institution-based employees of the WCED. |
| 2. |
PURPOSE
The aforementioned smoking policy seeks to |
| 2.1 |
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guarantee compliance with Section 24(a) of the Constitution of the Republic of South Africa, the Occupational Health and Safety Act (1993) and other relevant legislation.
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| 2.2 |
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guarantee that non-smokers can work in a smoke-free environment, whilst taking into account the needs of those who smoke. |
| 2.3 |
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ensure that where special provision has been made by means of a designated room for smoking, normal work performance is not affected by the utilisation of the room outside of official breaks. |
| 2.4 |
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ensure that where no designated room is available, reasonable measures are in place to ensure that the rights of non-smokers remain protected. |
| 2.5 |
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ensure that all heads of institutions or any persons in supervisory positions ensure that this policy is implemented according to the provisions of this circular. |
| 3.1 |
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The responsibility of deciding whether personnel can leave their work places to smoke during official hours was delegated to the heads of educational institutions and directors by means of the above-mentioned circular (46/2003). Personnel should, within the applied rules, be permitted to take smoke breaks only during tea and lunch breaks or, in the case of educational institutions, during the stipulated intervals for learners/students so as to prevent the loss of official hours which could effect productivity and thus the principles of Batho Pele. |
| 3.2 |
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It has, however, been noted that in some instances personnel smoke outside of tea and lunch breaks. This is contrary to the guidelines contained in the aforementioned circular. The WCPA’s Smoking Policy does not prohibit smoke breaks. It does state though that the department’s managerial efficiency and operational requirements, as well as the level of productivity and the required work output of the personnel concerned, may not be compromised by such concessions (see paragraph 4.5.3 of the policy). |
| 3.3 |
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All directors, heads of educational institutions and other supervisors are therefore requested to ensure that smoke breaks are limited to tea and lunch breaks in the case of office-based employees, and to the stipulated intervals for learners/students in the case of institution-based employees. |
| 3.4 |
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Only when a supervisor has given approval to an employee to take a smoke break outside of official breaks or intervals will a deviation from the above-mentioned norm be allowed. This, however, is only permitted when an employee was unable to take her/his allocated tea/lunch-break as a result of work commitments such as meetings, playground duty, etc. |
| 3.5 |
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Please note that disciplinary measures may be instituted against employees who do not comply with this policy and supervisors who do not enforce it. |
Please bring the contents of this circular to the attention of all concerned.
SIGNED: RB SWARTZ
HEAD: EDUCATION
DATE: 2003:12:19
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