Company smoko room not legal for smokers

LUCY CRAYMER
Smokers at Hastings' Progressive Meats might have to find somewhere new for their smoko break after Judge Richard Watson decided the Hastings company's purpose-built smoking room broke the law.
The company is expected to apply to have the decision reviewed in the Hastings High Court.
Progressive Meats managing director Craig Hickson was unavailable for comment.
The company faced one charge of failing to take all reasonably practicable steps to ensure no person smoked at anytime in the workplace and although Judge Watson found them guilty, no conviction has been entered.
The charge relates to a purpose-built room that was built at the end of 2003 as part of a $1 million amenities block.
The smoking room has an extractor fan and two exhaust ducts that take contaminated air directly out of the room.
The room was provided because meat workers aren't allowed outside in their uniforms.
The charge was laid by the Ministry of Health in March 2005.
Ministry of Health prosecutor Nicola Graham said the defence counsel had 28 days to ask that the case be stated at the high court so a decision on Judge Watson's can be made.
She said this was the first time in New Zealand that a company was being prosecuted after providing such a room.
Judge Watson said that the smoking room did fall within the definition of workplace and therefore the company was guilty of failing to ensure people did not smoke in the workplace.
The judge added that: "It is difficult to imagine what else Progressive could have done to comply with the Act's title and the particular purpose".
"It was clearly conscious of its obligations to prevent the detrimental effect of passive smoking on the health of people in the workplace."
He acknowledged the problems Progressive employees would face as a result of the decision.
"It must be remembered that this act is not designed to prohibit smoking," he said.
"It would seem that if employees at Progressive are not able to use this purpose-built smoking room then this will be the consequences for them during the whole of their shift."
The workers' representative, Meat Union Aotearoa area organiser Eric Mischefski, said if the high court decided this was the correct decision it would have a huge impact on staff.
He said smoking staff would need to waste entire breaks getting out of their uniforms and going out to the road for a cigarette.
Mr Mischefski said the union had passed a resolution to assist the employee if there was to be any further proceeding.