In Australia, is it legal for workers to take a 10 minute smoke break during work hours?

My friend owns a child care childcare facility. The majority of her workers take two ten minute smoke breaks during the day. They have to leave the premises. Is this legal? i didn't think so.

Asked By: poopoodownyface - 12/12/2008
Best Answer - Chosen by Asker
Depends when they are taking their breaks. If it is during morning and afternoon tea then actually, yes it is perfectly legal as long as they leave the premises (if the area is a smoke free zone). Due to laws regarding OH&S, a work place cannot have workers working nonstop for more than 2 hours at a time. Usually this... More
Answered By: Nurse Kelly - 12/13/2008
Additional Answers (2)
Im pretty sure the amount of breaks are worked out by the number of hours you work. For example, if you work 9 until 5, you get a 1 hour break (may be less depending on the place), or you can choose to break it up. If you work a 3 hour shift, they don't have to give you a break at all. If you work at least 4 hours... More
Answered By: lolly - 12/13/2008
The rights of workers to take rest breaks under Australian awards, workplace agreements and occupational health and safety (OH&S) legislation are summarised here... More
Answered By: miss schlonky - 12/13/2008
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