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FAQsQuestionI have just recently started an office job. Most of the people in my office smoke (including the Managing Director), they smoke in the office with the window open, but this does not provide enough ventilation. Is this illegal? I am afraid to speak up as I am still on my 3 month probationary period and am afraid of being labelled a trouble maker. I love the job, and do not want to leave so what should I do?AnswerThe first thing I would suggest you do, is join a union. Under the OHS laws a union can investigate supected breaches of the OHS Act and Regulation and if necessary prosecute an employer. The union in visiting a workplace to investigate a breach would never divulge the name of the person who made the complaint. In your particular circumstance they would say a person who visited or passed by the workplace noticed that this was happening. Under the new safety laws employers must not place persons or vistors at risks of harm. The risks associated with exposure to passive smoke are well known and documented. There has also been a number of sucessful workers compensation claims for employees who have been exposed to passive smoking. Also, there is a new provision under the Act which protects employees from being terminated if they raise an OHS issue and the union has the power to prosecute under this provision. So I suggest that you join the union and they will take this matter up without the employer knowing who made the complaint. [ Search for related questions]Sort FAQs by Topic | Hazards | All | |
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