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The doors are set to close on a Hawkes Bay meat processing plant's smoko room, after a ruling it constitutes a workplace and is therefore in breach of anti-smoking legislation.
The Court of Appeal yesterday dismissed Progressive Meats' argument the smoking room at its Hastings plant was not covered by the legislation.
In 2005, the Ministry of Health charged the company with failing to take all reasonably practicable steps to ensure no person smoked in the workplace. Hastings District Court Judge Richard Watson found Progressive guilty in February 2006, but referred it to the High Court for clarification.
High Court Justice David Baragwanath upheld the verdict.
Yesterday, the Court of Appeal ruled the smoking room did fall within the definition of a workplace under the Smoke-Free Environments Act 1990. The case goes back to the district court for conviction and sentence.
Progressive Meats built the room following hygiene standards requiring all meat handlers to don protective gear at the start of each shift.
Once in their gear, no worker can leave a protective clothing area unless going to another work area, meaning workers could no longer nip outside for a cigarette during their 15-minute work breaks. Managing director Craig Hickson said yesterday smokers would have to spend the majority of their breaks changing in and out of their protective gear.
- NZPA
