In June 2007, the Oregon Legislature strengthened the Oregon's Smokefree Workplace Law by requiring more indoor workplaces to be smokefree and prohibiting smoking within 10 feet of entrances, exits, windows that open, and ventilation intakes of workplaces or public places. The new restrictions went into effect on January 1, 2009.
Under Oregon's Smokefree Workplace Law, smoking is prohibited in public places and workplaces, with few exceptions. Public place means any enclosed area open to the public. Place of employment means an enclosed area that is under the control of a public or private employer and that employees frequent during the course of employment.
Workplaces and public places that must be smokefree include, but are not limited to:
- Bars and taverns, including bar areas of restaurants
- Bowling centers
- Bingo halls
- Private and fraternal organizations
- Employee break rooms
- Private offices and commercial office buildings
- Retail and wholesale establishments
- Manufacturing plants and mills
- Truck stops
- Child and adult day-care
- Assisted living facilities
- Movies theaters and indoor entertainment venues
- Hotels and motels (Exception: up to 25% of guest rooms may be designated as smoking rooms by the owner or entity in charge)
- Work vehicles that are not operated exclusively by one employee
Note: Some cities and counties in Oregon have enacted local smokefree workplace laws. Any standard or requirement that is stricter in local law than in state law will apply.
Complying With the Law
Complying with the law is easy:
- Make sure all employees are informed about the law.
- Prohibit smoking in the workplace and within 10 feet of all entrances, exits, accessibility ramps that lead to and from an entrance or exit, windows and air-intake vents.
- Post "No Smoking within 10 feet" signs at all building entrances and exits (order signs).
- Remove all ashtrays and other receptacles for smoking debris from your workplace and from within 10 feet of entrances, exits, accessibility ramps that lead to and from an entrance or exit windows, and ventilation intakes.
- Mark as non-smoking outdoor seating or dining areas that are within 10 feet of entrances, exits and accessibility ramps that lead to and from an entrance or exit, windows that open and ventilation intakes.
- Read more about the Outdoor Smoking Areas and Compliance with Oregon's Indoor Clean Air Act (pdf).
- Talk with your customers and employees about the law.
- Provide training to employees on how to ask visitors and patrons not to smoke.
- Encourage employees who smoke to quit smoking. Encourage them to call Oregon's toll-free QUIT LINE at 800-QUIT-NOW (800-784-8669) or, for Spanish, 877-2NO-FUME (877-266-3863).
As an employer, it is your responsibility to ensure that your workplace is smokefree. Learn more about steps you can take to create a tobacco-free workplace at www.healthoregon.org/wellnessatwork.
*(See What Workplaces Are Affected under the Law)
Exceptions to the Law
Exceptions to the law include:
- Smoking in certified smoke shops. A business must be certified by the Oregon Health Authority and abide by specific requirements to operate as a smoke shop that permits smoking indoors. Get information and applications for smoke shop certification.
- Smoking cigars in certified cigar bars. Cigar bars must be certified by the Oregon Health Authority and abide by specific requirements. Get application for cigar bar certification.
To qualify as a cigar bar, a business must:
- Apply to the Oregon Health Authority and receive certification before allowing cigar smoking on the premises.
- Have on-site sales of cigars.
- Have generated on-site retail sales of cigars of at least $5,000 for the calendar year ending December 31, 2006.
- Operate under a full on-premises liquor sales license issued by the Oregon Liquor Control Commission.
- Have a humidor on the premises.
- Prohibit the smoking of all tobacco products other than cigars.
- Prohibit persons under 21 years of age from entering the premises and post notice of the prohibition at each entrance and exit.
- Post signs at each entrance and exit stating that smoking is allowed on all or part of the premises.
- Not offer video lottery games.
- Have a maximum seating capacity of 40 people.
- Have a ventilation system that exhausts smoke from the business and that is designed and terminated in accordance with the state building code standards for the occupancy classification in use.
- Require all employees to read and sign a form published by the Public Health Division that explains the dangers of exposure to secondhand smoke.
- Smoking in hotel or motel rooms that specifically allow for smoking.
- The owner or entity in charge of a hotel or motel may designate up to 25% of sleeping rooms as rooms in which smoking is permitted.
- If the owner or entity in charge of a hotel or motel chooses to designate up to 25% of sleeping rooms as smoking permitted, all smoking rooms on the same floor must be contiguous and the status of the rooms may not be changed, except to add more non-smoking rooms.
- The owner or entity in charge of a hotel or motel must notify clients upon check-in about the smoking status of the rooms.
- All hotel and motel sleeping rooms must be clearly marked as either smoking or non-smoking on the exterior door of the sleeping room.
- Smoking of non-commercial tobacco for American Indian ceremonial purposes.
Enforcement of the law and Penalties for Violation
Employees and the public may report violations of the law by completing an online complaint form or, if unable to access the online form, by calling 1-866-621-6107.
Complaints will be investigated and violations pursued.
If your business is not in compliance with the law,
- You could incur the following fines:
- Up to $500 per day for each violation
- Maximum $4,000 in a 30-day period
- Multiple violations will result in further administrative action.
Reporting Violations of the Law
Employees and the public may report violations of the law by completing an online complaint form or, if unable to access the online form, by calling 1-866-621-6107. Complaints will be investigated and violations pursued.
Statute and Administrative Rules for the Law
Get Posters and Signs for the Law
To order materials including brochures, flyers, and door stickers for the revised Indoor Clean Air Act, please go to the on-line OTEC Catalog.