Part of the reason for the lack of will on enforcement is that there are strong parallels between the health issues of tobacco and those of alcohol. Tobacco smoke has only recently been acknowledged as a workplace hazard because of litigation from cancer sufferers.

The government, the health professions and the OHS professions struggle with public health issues that flow to the workplace. Simply look at the success of workplace obesity and health check programs in Victoria.

The legislative “out” for business and government is the “as far as is reasonably practicable” clause being inserted willy-nilly into OHS law around the country. This allows business to pledge support of OHS aims and then squirm out of real changes to workplace safety.

If the National Review into Model OHS Law (a review of law by lawyers for lawyers) brings practicability in as excessively as Victoria has, there is no chance for any change to the workplace smoke hazards.