Trucker fined for workplace smoking after lighting up in rig
Ontario driver hit with $305 fine for smoking in his truck because it's considered his place of work
TORONTO — The Canadian Press Last updated on Thursday, Oct. 08, 2009 01:51PM EDT
An Ontario truck driver has been fined $305 for smoking in the rig of a tractor-trailer because it is considered a workplace.
Provincial police pulled over a truck on Highway 401 near Windsor, Ont., on Wednesday when the driver was seen smoking.
The Smoke-Free Ontario Act adopted in 2006 prohibits smoking in enclosed workplaces and public areas, such as bars and restaurants.
Neil MacKenzie, the manager of tobacco programs for the Windsor-Essex County Health Unit, said even a farmer's enclosed tractor would be considered a work environment.
“Technically, that would be the workplace and it'd be an enclosed work environment,” he told Windsor radio station CKLW.
“Whether or not you have the sunroof open or windows down ... it's an enclosed workplace and you're prohibited from smoking in that vehicle.”
Mr. MacKenzie added, however, that no one would march into a field and fine a farmer for smoking in an enclosed tractor.
“Before we take any radical action on it, we'd confirm with the Ministry of Health whether there's precedent,” he said.
“We'd make sure the farmer understood requirements and give the opportunity for full compliance.”
In June 2008, the law was extended to ban smoking in vehicles containing children under 16.
Transportation Minister Jim Bradley said he couldn’t comment directly on an individual case, but he would be watching closely to see how the courts deal with it.
“It would be interesting to see how this develops in the court case,” said Bradley.
“That’s interesting. It’s a new one to me.”
Last February, a 29-year-old woman from the Sarnia, Ont., area was charged under the ban after she was allegedly found smoking with five young children in the vehicle. Officers said they found both the driver and a 19-year-old female passenger smoking cigarettes.
Several provinces, meanwhile, plan to join forces against tobacco companies to recover health-care costs related to smoking.
Quebec confirmed earlier this month it was joining Ontario, British Columbia and New Brunswick in filing a multibillion-dollar lawsuit against tobacco manufacturers.
Ontario's $50-billion lawsuit against three tobacco companies is aimed at recovering the cost of treating smoke-related illnesses dating back as far as 1955.
The provinces began to consider legal action after a 2005 Supreme Court of Canada ruling that upheld British Columbia's right to seek compensation against tobacco companies.
Ontario driver hit with $305 fine for smoking in his truck because it's considered his place of work
TORONTO — The Canadian Press Last updated on Thursday, Oct. 08, 2009 01:51PM EDT
An Ontario truck driver has been fined $305 for smoking in the rig of a tractor-trailer because it is considered a workplace.
Provincial police pulled over a truck on Highway 401 near Windsor, Ont., on Wednesday when the driver was seen smoking.
The Smoke-Free Ontario Act adopted in 2006 prohibits smoking in enclosed workplaces and public areas, such as bars and restaurants.
Neil MacKenzie, the manager of tobacco programs for the Windsor-Essex County Health Unit, said even a farmer's enclosed tractor would be considered a work environment.
“Technically, that would be the workplace and it'd be an enclosed work environment,” he told Windsor radio station CKLW.
“Whether or not you have the sunroof open or windows down ... it's an enclosed workplace and you're prohibited from smoking in that vehicle.”
Mr. MacKenzie added, however, that no one would march into a field and fine a farmer for smoking in an enclosed tractor.
“Before we take any radical action on it, we'd confirm with the Ministry of Health whether there's precedent,” he said.
“We'd make sure the farmer understood requirements and give the opportunity for full compliance.”
In June 2008, the law was extended to ban smoking in vehicles containing children under 16.
Transportation Minister Jim Bradley said he couldn’t comment directly on an individual case, but he would be watching closely to see how the courts deal with it.
“It would be interesting to see how this develops in the court case,” said Bradley.
“That’s interesting. It’s a new one to me.”
Last February, a 29-year-old woman from the Sarnia, Ont., area was charged under the ban after she was allegedly found smoking with five young children in the vehicle. Officers said they found both the driver and a 19-year-old female passenger smoking cigarettes.
Several provinces, meanwhile, plan to join forces against tobacco companies to recover health-care costs related to smoking.
Quebec confirmed earlier this month it was joining Ontario, British Columbia and New Brunswick in filing a multibillion-dollar lawsuit against tobacco manufacturers.
Ontario's $50-billion lawsuit against three tobacco companies is aimed at recovering the cost of treating smoke-related illnesses dating back as far as 1955.
The provinces began to consider legal action after a 2005 Supreme Court of Canada ruling that upheld British Columbia's right to seek compensation against tobacco companies.