Tobacco Training - is it compulsory?

NATIONAL

Each state has its laws regarding the selling of tobacco and what is required by the retailer. For the businesses that sell tobacco, it is best to be aware of these obligations and remain in contact with the respective government department of any changes in tobacco legislation, including e-cigarettes and vaping.

Management must ensure that their business complies with the

Tobacco laws regarding:

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some states to sell tobacco)

» Training

Most of these areas, if not followed, may attract costly fines and penalties from their governing authority.

The approach regarding tobacco training also differs from state to state, from mandatory to highly recommended. But the same message applies for all states;

By training employers and employees in understanding tobacco laws, mitigates the risk of noncompliance

Let us take a closer look at each state approach to selling tobacco and training;

Victoria

The Victorian Health Department recommends that businesses provide training to every employee every six months. Businesses must keep a record of this training.

Training must cover each of these things:

• Employees must not sell tobacco products to persons under 18 for any reason. • Employees must ask for and see identification (ID) before selling a tobacco product to a person who might be under 18. • If employees sell tobacco products to a person under 18, they are committing an offence and may be fined.

New South Wales

Tobacco retailers operating in NSW must not engage in tobacco retailing unless they have notified the NSW Ministry of Health that they intend to engage in tobacco retailing. NSW Health inspectors monitor compliance with the legislation. Inspectors educate retailers and can issue warnings, fines or initiate prosecutions against retailers that break the law.

NSW Government Health department approach is for businesses to learn more about their responsibilities under the Public Health (Tobacco) Act 2008 and what actions must be completed to comply. This is done through training.

The tobacco training is designed for both retailers and their staff to understand and should cover;

• NSW tobacco and tobacco products non-tobacco smoking products legislation • E-cigarette and e-cigarette accessories retailing laws

NATIONAL Australian Capital Territory A person selling smoking products in the ACT must be licensed. Licenses issued by Access Canberra will either be a wholesale merchant’s license or a retail tobacconist’s license. Businesses that sell personal vaporisers (including e-cigarettes) are also required to hold a tobacco license. The ACT Health Department recommends tobacco retailers read through the ACT Tobacco Guide to the Sale of Tobacco Products to understand their obligations. Access Canberra uses a risk-based approach to manage harm to the community. There are criminal and licensing penalties for failing to comply with the Act.

Queensland

The Queensland Department of Health states, ‘A supplier of tobacco product must train their employees about the sale of smoking products to children, either over-the-counter or from accessing a vending machine.’ This training is required by law.’

Training must include:

• instruction to staff not to sell smoking products to children in any circumstances, and to sight acceptable evidence of age for a person before selling a smoking product to them, unless staff are satisfied the person is an adult. • warn staff that if they sell smoking products to children in disregard of your instruction, they may face a fine • obtain written acknowledgement from each employee that they have received the instructions and warning.

Northern Territory

The Department of Health of NT has a strategy of education and support for its community regarding tobacco and selling tobacco. This includes.

• Quitline telephone counselling service and Quit group counselling services. • social marketing activities and public health warning campaign • remote and Aboriginal community education, prevention, engagement, and cessation support programs • education, compliance, and enforcement of the Tobacco

Control Act 2002. • All retail staff who sell tobacco products (including e-cigarettes and similar) must be a minimum of 18 years of age.

Western Australia

The primary role of the Tobacco Control Branch, Department of Health WA is to coordinate, develop and conduct activities to promote industry and community compliance with legislation.

Compliance activities include retailer and industry education, advisory visits, and inspections. It may also include the service of ‘On the Spot’ fines and prosecution action.

The Department believes that retailers play an important role in tobacco product control by ensuring their businesses operate in accordance with provisions of the Act that aim to prevent the sale or supply of tobacco products and smoking implements to minors. This includes training employees on the laws relating to the sale and supply of tobacco products and smoking implements.

Tobacco Control Branch, Department of Health WA recommends businesses provide information and training on tobacco products and sales at least every six months.

South Australia

In order to sell tobacco and e-cigarette products by retail within South Australia, a person must hold a Retail Tobacco and E-Cigarette Merchant’s Licence under Part 6 of the Tobacco and E-Cigarette Products Act 1997.

All businesses selling tobacco products need to be given adequate training on avoiding selling tobacco products to children, including training any relatives or friends who may occasionally work in the business and paid employees. Proprietors should ensure that all staff know:

• What procedures they should follow if a customer becomes difficult when asked to produce ID. • The consequences if they are found to have sold cigarettes to a child. • Employees should be regularly reminded about these procedures.

Tasmania

Tasmania has strict controls on the sale of tobacco products, electronic cigarettes, and personal vaporiser products (also known as smoking products). Anybody selling smoking products must have a Licence or be an employee of someone who holds one.

The Tasmanian Department of Health employs tobacco control officers to enforce the smoking laws under the Public Health Act 1997. These officers visit retailers to check compliance with the laws (including the ban on selling to children) and ensure businesses are aware of their obligations to sell smoking products.

The Department recommends businesses provide employees with training to understand their legal obligations.

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