Non-smoking protection laws in Austria
| Basic data | |
|---|---|
| Title: | Non-smoking protection laws in Austria |
| Long title: | Federal law on the manufacture and marketing of tobacco products and related products as well as the advertising of tobacco products and related products and the protection of non-smokers |
| Abbreviation: | TNRSG |
| Previous title: | Tobacco and Non-Smoking Protection Act / TNRSG, originally the Tobacco Act of 1995 |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | Administrative law |
| Date of law: | June 30, 1995 |
| Effective date: | July 1, 1995 |
| Last change: | BGBl. I No. 66/2019 |
| Legal text: | ris.bka |
| Please note the note on the applicable legal version ! | |
Non-smoking protection laws in Austria serve to protect non-smokers , i.e. to protect non-smokers from passive smoking . The situation in Austria is characterized by a comparatively high proportion of smokers among the adolescents, especially in the big cities. The political shaping of the protection of non-smokers required several attempts.
Current legislation
Since November 1, 2019, there has been a general smoking ban in restaurants in Austria. This smoking ban was passed in 2015 and should come into force on May 1, 2018 after a transitional period. However, after the 2017 National Council election , it was withdrawn in March 2018. Only after the FPÖ's participation in the government ended, the National Council was able to agree on a renewed smoking ban from November 1, 2019.
history
In 1985, an employee protection ordinance stipulated for the first time in Austria that employers must ensure that non-smokers are not exposed to tobacco smoke in their workplace (mainly in closed rooms). Exceptions apply to workplaces where it is typical for people to smoke, i.e. restaurants and tobacconists. It could not be seen that the conditions at work were controlled by the state or that employers who neglected their duty were sanctioned.
In order to protect against the effects of tobacco smoke, the Austrian Tobacco and Non- Smoker Protection Act (TNRSG, originally the 1995 Tobacco Act ) introduced a ban on smoking on January 1, 2009
- in rooms that are used for teaching and training purposes, negotiation purposes and school sports activities (formerly § 12),
- in rooms of public places (formerly § 13) and
- in the rooms of the gastronomy serving the serving of food or drinks (formerly § 13a).
Following the result of the referendum “For real non-smoker protection!” In neighboring Bavaria (2009/2010), similar initiatives emerged in Austria that called for further tightening.
Due to these initiatives and because there were many complaints in the population that the regulations with certain exceptions for small pubs and with regard to separated smoking areas were not exactly implemented, the National Council passed an amendment on July 8, 2015, which will stop smoking in all pubs from May 2018 as well as generally prohibited at tent festivals (new § 12). Only in hotels are smoking rooms allowed without service. After the new ÖVP-FPÖ government announced in 2017 that it wanted to reverse this amendment, the referendum "Don't smoke" was introduced in 2018 with 881,569 signatures to maintain the proposed regulation from 2015. Nevertheless, on March 22, 2018, the National Council decided to amend the law that had already been passed before it came into force, so that the previous regulation, which provided for exceptions to the smoking ban in restaurants, remained in force. After the early collapse of the ÖVP-FPÖ coalition as a result of the Ibiza affair in May 2019, the originally planned general smoking ban was finally implemented with effect from November 1, 2019.
Special regulations
Religions
In Christian churches and places of prayer of other religions there has always been no smoking, but sometimes ritual smoking, such as incense.
Theaters and cinemas
To prevent fire and explosion, smoking is prohibited around petrol pumps at petrol stations for fuel and heating oil. Much appreciated since the Ringtheater fire (1881), smoking is generally prohibited in the performance halls of theaters and cinemas. There is currently a cinema in Lustenau , Vorarlberg, in which smoking is permitted in individual, usually late shows; if there is smoking, adolescents are only allowed from 16 years of age. In drive- in cinemas you were allowed to smoke in (your own) car.
Public transportation
There was already an extensive smoking ban on public transport. On September 1, 2007 (at the same time as the Deutsche Bahn regulation), a general smoking ban was introduced on all ÖBB trains .
Maternity Protection
In addition, there are also regulations on non-smoker protection outside of the Tobacco Act, for example under the Maternity Protection Act or the Employee Protection Act . This only protects non-smoking mothers as employees, but not unborn children in general. Pregnant women are generally allowed to smoke or expose themselves to smoke. Pregnant women are also allowed to work in the smoke if they are self-employed.
See also
Individual evidence
- ↑ Gastro smoking ban applies in Austria from November 1st , accessed October 30th, 2019.
- ↑ The end of smoking , Peter Münch in SZ, October 31, 2019
- ↑ Tobacco Act, Federal Chancellery: Legal Information System (RIS)
- ↑ E.g. petition 12th Medical Initiative (2013).
- ↑ That brings 2010: Uprising against smoking bars. ( Memento of July 8, 2010 in the Internet Archive ) In: Die Presse online, December 29, 2009.
- ↑ No smoking. ( Memento of the original of July 10, 2015 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. on parlament.gv.at, undated (link no longer available).
- ↑ Smoking ban withdrawn: anger, heckling and marriage of convenience in Parliament. Der Standard , March 23, 2018, accessed the following day.
- ↑ Kino Lustenau kinothek.at, smoking presentation on March 26, 2018, 10 p.m.; accessed March 24, 2018.
