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Ô­ÎÄ£ºEnforcement needed to ensure protection against second-hand tobacco smoke

Based on the scientific evidence, the Conference of the Parties to the WHO Framework Convention of Tobacco Control (WHO FCTC) has concluded that 100% smoke-free environments are the only proven way to adequately protect the health of people from the harmful effects of second-hand tobacco smoke because no level of exposure is acceptable (2).

Once smoke-free laws have been enacted, governments must maintain strong support through active and uniform enforcement that achieves high compliance levels, at least until such time as the law becomes self-enforcing. Although an increasing number of countries have passed legislation mandating smoke-free environments, the overwhelming majority of countries have no smoke-free laws, very limited laws, or ineffective enforcement.

Legislation that is comprehensive, but that is not well enforced, does not protect against second-hand tobacco smoke exposure, and legislation that covers only some places, even if well enforced, also does not provide significant protection.

Full enforcement of smoke-free laws is critical to establishing their credibility, especially immediately following their enactment (57). It may be necessary to actively and publicly enforce the law in the period directly after smoke-free laws are enacted to demonstrate the government¡¯s commitment to ensuring compliance. Unannounced inspections by the appropriate government agency can be very effective.

Once a high level of compliance is achieved, it may be feasible to reduce the level of formal enforcement, as maintenance of smoke-free places is largely self-enforcing in areas where the public and business communities support smoke-free policies and legislation. Placing the responsibility for enforcing smoke-free places on facility owners and managers is the most effective way to ensure that the laws are enforced.

In many countries, laws have established that business owners have a legal duty to provide safe workplaces for their employees. Levying of fines and other sanctions against business owners is more likely to ensure compliance than fining individual smokers. Enforcement of legislation and its impact should be regularly monitored. Assessing and publicizing the lack of negative impact on business following enactment of smoke-free legislation will further enhance compliance with and acceptance of smoke-free laws