Under the smoke-free legislation, must employers ensure that homeworkers do not smoke at home?

A private dwelling is not generally required to be smoke free under the smoke-free legislation and the person living there is free to choose if it is smoke free or not. However, if a private dwelling is used as a place of work for more than one person, or visited by members of the public in the course of that work, the dwelling must be smoke free during working hours, or while open to the public.

There is no requirement under the legislation for employers to ensure that employees who are homeworkers working alone do not smoke at home, provided that the above circumstances do not apply.