Smoke-Free policy

1. PURPOSE

This Policy establishes DCIRS Community Care (“DCIRS”) as a smoke-free workplace. The Tobacco Act 1987 (Vic) prohibits smoking and vaping in all enclosed workplaces and the Occupational Health and Safety Act 2004 (Vic) imposes a duty of care on employers to provide a safe and nonhazardous working environment. The Policy outlines how DCIRS will maintain a smoke-free working environment. This Policy will commence from 14 April 2025. It replaces all other smoke-free policies of DCIRS (whether written or not).

2. APPLICATION

This Policy applies to employees, agents, contractors (including temporary contractors), and visitors of DCIRS, collectively referred to in this Policy as ‘worker’. The Policy includes work that is undertaken away from the usual workplace. This Policy does not form part of any worker’s contract of employment or service.

3. DEFINITIONS

E-cigarette means a battery-operated device that delivers an aerosol for breathing in. For the purposes of this Policy, vape and e-cigarette are interchangeable.

4. POLICY

DCIRS promotes and enforces a no-smoking policy in all its workplaces. Workers must abide by laws governing smoking in public places. There will be no smoking:

• In or around company vehicles;

• In personal vehicles used to transport clients, participants, or other workers; and/or

• At any site where DCIRS workers undertake their duties, including premises belonging to DCIRS, clients, participants, suppliers, etc.

Specifically, workers must not smoke within 5 metres of any work premises, including the Employer’s premises, its vehicles, and the premises of clients, participants, and suppliers. It is expected that all workers will abide by the laws of the state or territory where work is performed, including when work is conducted in a commercial or community space. For example, a hospitality outlet or a medical facility.

Smoking may only occur during designated breaks and in accordance with this Policy. It is not acceptable for workers to take additional smoke breaks.

Use of e-cigarettes is strictly prohibited. Medical exemptions may apply, subject to the provision of satisfactory medical evidence.

Support to quit

DCIRS is committed to supporting workers towards positive health and wellbeing. Workers wanting to quit smoking or vaping are encouraged to seek support from their doctor or by calling the Quitline on 13 78 48.

Employees are able to access the company’s EAP for support.

Breach of Smoke-Free policy

Workers must comply with the terms and conditions contained in this Policy. In the case of employees of DCIRS who are found to have breached this Policy, they may be subjected to disciplinary action. The type and severity of the disciplinary action will depend upon the circumstances of the case and the seriousness of the breach. Disciplinary action may include termination of employment.

Contractors or agents of DCIRS who are found to have breached this Policy may have their contracts with DCIRS terminated or not renewed.

5. ASSOCIATED DOCUMENTS

• Code of Conduct Policy

• Workplace Health and Safety Policy

• Incident and Risk Reporting Policy

• Mental Wellbeing Policy

6. VERSION AND REVIEW INFORMATION

DCIRS reserves the right to amend, replace, or terminate this policy from time to time.

Version 1.0: 14 April 2025 Review date: 14 April 2028