Compensation award for passive smoker

A Canadian waitress who has terminal lung cancer has been awarded compensation for being exposed to tobacco smoke in the workplace.

Heather Crowe, 57, worked 12 hours a day, six days a week, in restaurants, bars and hotels for 40 years.

She is a non-smoker, but blames her illness on decades of exposure to passive smoke. She has been told she has less than a year to live.

She has been awarded workers' compensation by the Ontario Workplace Safety and Insurance Board - a landmark decision that could lead to many more claims in Canada.

Ms Crowe, who is undergoing chemotherapy, said she was "very happy" the ruling would help to protect other restaurant workers.

The exact amount of compensation has still to be decided.

However, it is likely to take account of loss of earnings since she was diagnosed last March.

Ms Crowe will also receive a lump sum compensation for permanent impairment, and other compensation to cover personal care, medical expenses and an independent living allowance.

UK reaction

Marsha Williams of the UK anti-tobacco group Action on Smoking and Health, said: "This is a shocking reminder of just what exposure to passive smoke can do to you.

"It would be no surprise at all if thousands of bar workers in this country are left concerned, or downright scared by this news."

She said UK employers had been allowed to shirk their responsibilities to protect staff from passive smoke for far to long.

A recent ASH study found that three million employees still work in premises where smoking is allowed throughout.

This despite a Health and Safety Commission recommendation that all employers should take steps to reduce staff exposure to passive smoke.

Ms Williams said: "At the moment many employers get away with showing complete disregard for their staff.

"We need those people most exposed to passive smoke to shout for their rights and lobby their trade leaders to stop opposing the code of practice."