Private firms not compelled to designate smoking areas

Executive Order (EO) 26 does not compel private firms to provide designated smoking areas (DSAs) in their premises, an anti-smoking advocate said.

New Vois Association of the Philippines (NVAP) President Emer Rojas said privately owned buildings has the option not to set up DSAs if they don’t want to.

“We applaud private entities and companies who opted to go 100 percent smoke-free and not to have any DSAs in their respective premises. And they do not have any reason to think that they are breaking the law if they are getting complaints,” said Rojas.

“They just need to be reminded that they are not obliged or required to have DSAs if they choose not to,” he added.

Rojas said private establishments even have the discretion to further enhance the provisions of EO 26 and may include e-cigarettes.

“The EO actually allows them to impose stricter antismoking policies if they want to. Airlines prohibit smoking as well as use of e-cigarettes while inside an airplane,” said Rojas.

Section 4 of EO 26 states that all persons-in-charge are not compelled to establish DSAs nor prevent them from instituting more stringent measures in their buildings and establishments to better ensure a smoke-free environment in their premises.

On the other hand, Rojas said those who choose to establish DSAs should strictly adhere to the standards provided under EO 26.

A DSA is defined as “an area of a building or conveyance where smoking may be allowed, which may be in an open space or separate area with proper ventilation subject to the specific standards.”

“DSAs must not just be any other area, where people can smoke cigarettes. They must have the necessary safeguards against non-smokers,” said Rojas.

The EO states that there shall be no opening that will allow air to escape from the DSA to the smoke-free area of the building or conveyance; shall not be located in or within 10 meters from entrances, exits, or any place where people where people pass or congregate, or in front of air intake ducts; that the combined area of the DSA and the Buffer Zone shall not be larger than 20 percent of the total floor area of the building or conveyance, provided that in no case shall such area be less than 10 square meters; and that no building or conveyance shall have more than one DSA.