Wednesday, 15 December 1999
Health-care workers must refuse to treat clients who are smoking in their own homes, and cleaning staff and food-servers are not allowed to enter a smoker's hotel room under new Workers' Compensation Board regulations effective Jan 1.
Some walls surrounding heated pub patios might have to be torn down.
In many respects the new regulations are far more onerous than the Capital Regional District's 100 per cent indoor smoking bylaw ban, said Capital Regional District chairman Chris Causton.
But WCB director of communications Scott McCloy doesn't expect the new regulations to cause many problems. He said a health-care worker simply has to ask a client not to smoke for an hour before he or she enters the client's house. Or, if the client is mobile, he could smoke in one room and receive care in another.
``All we're concerned about is not having the workers exposed (to secondhand smoke) while they're there.''
Causton worries that WCB regulations take precedence over an individual's liberties, such as the right to smoke in his own home.
``Where it starts to bother me is where it interferes with people's rights as property owners,'' Causton said.
``All the people who work in the home-care field and the hospital field have the best interest of their patient at heart. That's why they're in the business. Now they're not going to be able to provide that for one hour.
McCloy doesn't anticipate any problems with hotels telling guests in smoking rooms to ensure before the room is cleaned that a window is open, the air conditioner is on or the bathroom fan is on so that staff not be exposed to second-hand smoke. The alternative would be waiting an hour before entering the room.
But food servers will lose on tips if they drop off a room-service tray in the hall instead of taking it into the room, Causton said.
The hospitality industry, including the Hotel, Restaurant, Culinary Workers and Bartenders Union Local 40, has been lobbying the WCB to accept a ventilation solution before implementing the rules Jan. 1.
Vance Campbell of the hospitality committee representing nine tourism, labour and business organizations with more than 140,000 employees said the WCB has not looked at the ventilation option and a detailed risk analysis conducted by the industry. Technology to deal with second-hand smoke exists, he said.
Union secretary-treasurer Marie DeCaire said her local is worried about job losses if the ban is implemented. She contended that recent reports that the CRD indoor smoking ban hasn't cost Victoria pubs business are false.
In the 27 capital region liquor establishments that have banned smoking, keg sales were down 13.2 per cent; in the seven sites with outdoor smoking patios keg sales were down 8.1 per cent and in the 29 establishments that have ignored the CRD bylaw and still allow smoking, keg sales were down 0.1 per cent, she said.
As he surveys a room full of empty chairs in the Elephant and Castle which went 100 per cent non-smoking in accordance with the CRD on Jan. 4, general manager Malcolm Palmer couldn't agree more with the figures.
The smoking ban is killing his business, he said. He has already laid off four staff and is considering a further two layoffs, he said. ``The only thing that's keeping me going is my summer ... But this impact right now is terrible.''
Meanwhile, under new WCB regulations, pub patios that have been equipped with heaters, partial walls and roofs should have two open walls, McCloy said.
``We don't want people turning an outdoor space into an indoor space,'' he said.
He said enforcement is complaint-driven and WCB is to set up a 1-800 number. Based on complaints it will send four warning letters to business operators before an on-site inspection.
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