Environmental Tobacco

Smoke Kills

Submission to the Queensland Government on the

Review of Tobacco and Other Smoking Products Act 2001

Bill Smith

For

John Kane

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 This assignment is approximately 1287 words in length

Contents

Introduction to Queensland Cancer Fund …3

Environmental Tobacco Smoke …3

Key Developments …3

The Silent Killer …4

Litigation …4

Existing No Smoking Bans …5

Benefits of Smoke Free …6

Conclusion …6

References …7

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Introduction to the Queensland Cancer Fund.

From a desperate need in the community during the 1960’s to address concerns regarding

cancer, the Queensland Cancer Fund (QCF) was born. Forty years on, the QCF is strategising

to continue raising funds to combat the dreaded disease and supply sufficient treatment facilities

for cancer patients. The organisation remains a ‘not for profit’ firm, although employing a range

of professional staff for the services provided. The activities conducted by the QCF are diverse,

but structured to allow the organisation to achieve its aims that include advancing cancer

research and treatment and to increase community awareness of cancer. Similarly, research

into cures for cancer, facilities for patients, cancer help lines and education programs all

represent key areas that the QCF are involved in.

Environmental Tobacco Smoke

This submission addresses the concerns of environmental tobacco smoke (ETS) in public places,

namely pubs, clubs, casinos and restaurants that causes illness and death to workers and

patrons. Research is extensive and supports the long held belief that tobacco smoke is harmful.

It is fact that over 4000 chemicals are contained in tobacco smoke including tar, addictive

nicotine, carbon monoxide and carcinogens that cause cancer (Jarred, 2001:2 and AHMAC,

2000:3). Passive smoking, as ETS is often referred to, occurs when non-smokers inhale smoke

that is either exhaled or emitted by smokers. For the thousands of hospitality workers and

patrons exposed to ETS in licensed premises, the proposed review by the Government of the

Queensland Tobacco and Other Smoking Products Act 2001 is extremely overdue.

Key Developments

Scientific research first began to appear during the 1970’s linking passive smoking and

respiratory diseases but it wasn’t until 1981 that medical research on the effects of passive

smoking was first published (Hirayama cited Jarred, 2001:16). Decades later in 1995, the

Herron Report recommended that smoking not to be permitted in enclosed places including

restaurants and hotels. Further, the report suggested the inclusion of outdoor areas specifically

for smokers and that employees not be forced to service these areas (PEHS, 2000: 4). A few

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years later, the National Tobacco Strategy 1999-2002/3 was endorsed by all State and

Commonwealth Health and Police Ministers with the major aim being the reduction of exposure to

environmental tobacco smoke. The Queensland Tobacco Action Plan 2000/01 – 2003/04

emerged soon afterwards. The strategy objectives and key strategy areas were to reduce

exposure to tobacco smoke thus forming the framework of the document (Turner, 2001). Finally,

Queensland followed the majority of the states with ETS legislation and passed the Tobacco and

Other Smoking Products (Prevention of Supply to Children) Amendment Bill 2001 on May 3 2001

to be effective 31 May 2002 (NOHSC, 2001).

The Silent Killer

The statistics reveal a frightening story for the effects of tobacco smoke. For the thousands of

scientific publications linking tobacco smoke to over 50 diseases, more than 3000 Queenslanders

die annually due to tobacco related causes (QCF, 2002a:8). With less than a quarter of the

state’s adult population being smokers, their filthy habit significantly contributes to this annual

death toll that incidentally, far exceeds the state’s yearly road toll. Worst of all, smoking is the

leading preventable cause of premature death and illness in the state but the Government still

haven’t acted to end the disgusting conditions that hospitality workers or patrons have to endure

in licensed premises. Instead, the community has to suffice with a measly review only of the act

instead of immediate action of no smoking bans. Smoke free areas within an establishment

simply do not work, as smoke drifts and ventilation systems are useless, exposing non smokers

to environmental tobacco smoke (TDHHS, 2003). Research shows that workers and customers

are being exposed to high levels of cardio and geno toxic tobacco by products that cannot be

removed via ventilation systems (Repace and Lowry, 1993).

Litigation

For further consideration by the Government, is the emergence of litigation surrounding passive

smoking. Several cases over recent years highlights that the judicial system is recognising the

links with ETS and illness incurred by individuals. The National Occupational Health and Safety

Commission published the findings of two recent cases. In the first instance, $466,00 was

awarded by the NSW Supreme Court to a bar worker against her former employer in May 2001

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who had served 23 years with the company. The jury found her throat cancer was a direct result

of second hand smoke being inhaled by the bar attendant. In another case, a restaurateur had to

pay $7600 in damages to an asthma sufferer who suffered a 2 month bout of severe asthma

triggered by ETS in the restaurant. The court found the restaurant liable on breach of contract,

breach of duty of care in negligence an occupier’s liability. The Government has ignored since

1986 the potential of liability of employers relating to tobacco compensation claims. Specifically,

the Commonwealth Attorney General noted that ‘injury from passive smoking is reasonably

foreseeable and that consequently such an injury could give rise to an action for damages at

common law’. Five years later, the same was emphasised by the President of the Senate ‘the

onus now appears to fall on employers and managers of facilities to take a more positive role in

protecting non smokers’ (PEHS, 2000:6) The Government cannot disregard any longer the

plight of workers or patrons in environments filled with tobacco smoke.

Existing No Smoking Bans

Finally, the idea of completely smoke free licensed premises is not new. Other countries have

already implemented legislation banning smoking in restaurants and bars demonstrating their

commitment and concern to non smokers. Ottawa introduced smoke free by laws in 2001

(NOHSC, 2001). The by laws ban smoking in all public places and workplaces. A year later, El

Paso in Texas also found itself with similar bans (Huang, De and McCusker, 2004). Most

impressive was Ontario’s bans in 1998, which sets them as pioneers in the field of no smoking

bans in licensed premises (Ascenzi, 1998). By January of this year, five US states and 72

municipalities have passed laws that prohibit smoking in almost all workplaces, restaurants and

bars. This is excellent and now Queensland must lead the way for Australia’s turn in

implementing permanent smoke free legislation to protect all non smokers. The Premier of

Queensland, Mr Peter Beattie, on a recent trip to Ireland was able to observe first hand no

smoking in licensed premises in pubs visited. Mr Beattie, take the challenge and lead the ‘Smart

State’ into introducing no smoking legislation immediately.

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The Benefits of Smoke Free

In anticipating the hospitality industry association’s defence in not wanting this type of legislation

to be introduced for fear of financial loss, the QCF wish to advise that non smoking premises are

good for business. Evidence from those countries with no smoking bans in place have reported

encouraging effects to their revenues. Sibbald (2001) found that a positive impact occurred in

Canada after the bans were introduced. Restaurants and bars in Ontario are attracting more

non smoking patrons while retaining smokers (either lighting up outside in the street or reducing

their intake) (Ascenzi, 1998). A little more closer to home, an entrepreneurial bowls club on the

Sunshine Coast went smoke free in 2001 (QCF, 2002b). The Maroochydore Swan Bowls Club

has since enjoyed a substantial increase in membership of over 150% since the ban. The claims

that smoke free policies would cause financial hardship simply aren’t true, as this research

shows.

Conclusion

This submission has presented research and evidence that supports legislation of no smoking at

all in licensed premises. The notion of conducting a review of the Tobacco and Other Smoking

Products Act 2001 is inadequate. The sole recommendation is to introduce legislation

immediately to ban smoking in all licensed premises for the protection of both workers and

patrons. The effects of ETS are well documented and researched and cannot be ignored any

longer by the Queensland Government. Action must be taken now to stop the premature death

of thousands of Queenslanders that can be prevented with clean air that workers and patrons

deserve.

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References

Ascenzi, Joseph (1998) Bars and Patrons Adjust To - and Ignore – New Law. The Business
Press, Ontario, Jan 19 1998

ASH (2003). Smoke Free Public Places For The A.C.T. Action on Smoking and Health.
Downloaded 10th May 2004
http://www.ashaust.org.au/publications/ACTsubm03.doc

Huang, P., De, K. A. and McCusker, M. E. (2004) Impact Of A Smoking Ban On Restaurant and
Bar Revenues. Morbidity and Mortality Weekly Report, Atlanta, Feb 27 2004

Jarred, W. (2001) Towards Improved Public Health, Research Bulleting no 3/01. Queensland
Parliament Library. Downloaded 10th May 2004
http://www.parliament.qld.gov.au/Parlib/Publications_pdfs/books/rb0301wj.pdf

NOHSC (2001). Environmental Tobacco Smoke Watching Brief 2001. National Occupational
Health and Safety Commission. Downloaded 10th May 2004
http://www.nohsc.gov.au/ResearchCoordination/watchingbriefs/etspages/ETSWatchingbriefSept2
001.pdf

NPHP (2000). National Response To Passive Smoking In Enclosed Public Places and
Workplaces. A Background Paper. Downloaded 10th May 2004
http://www.nphp.gov.au/publications/legislation/smoke_passive.pdf

PEHS (2000). Smoke Free Public Places. Regulatory Impact Statement. Public and
Environmental Health Service. Downloaded 10th May 2004
http://www.dhhs.tas.gov.au/publichealth/smokefreeareas/pdfs/smokefree_RIS.pdf

QCF (2002a). Smoking Kills, A Submission On Behalf Of Public Health And The 553, 000
Queensland Smokers Who Want To Quit. Queensland Cancer Fund. Downloaded 10th May 2004
http://www.qldcancer.com.au/cancer_info_and_services/PDF/SmokingKills.pdf

QCF (2002b). Smoke Free Club Bonanza. Queensland Cancer Fund. 14 May 2002, media
release. Downloaded 10th May 2004
http://www.qldcancer.com.au/Whats_New/Default.html

QCF (2004). Premier Checks Out Irish Smoking Bans For Queensland. Queensland Cancer
Fund. 1 May 2004, media release. Downloaded 10th May 2004
http://www.qldcancer.com.au/Whats_New/Default.html

TDHHS (2003). Smoke Free Areas Review. Tasmania Department of Health and Human
Services. Downloaded 10th May 2004
http://www.interact.dhhs.tas.gov.au/supportingdocs/89/smoke_free_areas_report.pdf

Turner, Paul. (2001) Tobacco Advocacy. Queensland Cancer Fund. Downloaded 10th May
2004
http://www.qldcancer.com.au/cancer_info_and_services/PDF/TobaccoAdvocacyWebsite01.pdf

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