Smoking in a workplace is covered under the Work Health and Safety (General) Regulations 2022 (external site) and the Work Health and Safety (Mines) Regulations 2022 (external site) (‘WHS Regulations’) which are administered by Worksafe WA (external site), a part of the Department of Mines, Industry Regulation and Safety (DMIRS).
The WHS regulations (regulation 50D) prohibit persons smoking in enclosed workplaces. For further information please see the WorkSafe guidance on smoking in the workplace (external site).
The provisions in the WHS regulations that relate to secondhand tobacco smoke are similar to the smoking in enclosed public places provisions in the Tobacco Products Control Regulations 2006. In Western Australia, it is illegal to smoke in all enclosed public places, such as a shopping centre, hospital, airport, cinema, theatre, pub, club or restaurant.
Last reviewed: 10-10-2023
Produced by
Tobacco Control Branch