Smoking in the workplace is regulated by the Tobacco Products Control Act 83 of 1993. The Tobacco Products Control Act provides for the protection of non-smokers – it does not provide any benefit or protection for smokers. In addition, smoking in the workplace is not regulated by Labour Law but only by the above-mentioned Act. In terms of this Act, the employer is obliged to take steps to protect his non-smoking staff from the cigarette smoke of the smokers.
The act also acts to prohibit or restrict smoking in public places; to regulate the sale and advertising of tobacco products in certain respects and to prescribe what is to be reflected on packages; and to provide for matters connected therewith.