The Oregon Indoor Clean Air Act (ICAA), also known as the Smokefree Workplace Law, prohibits 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.
The ICAA includes the use of “inhalant delivery systems.” Inhalant delivery systems are devices that can be used to deliver nicotine, cannabinoids and other substances, in the form of a vapor or aerosol. These include e-cigarettes, vape pens, e-hookah and other devices. Under the law, Oregonians may not use e-cigarettes and other inhalant delivery systems in workplaces, restaurants, bars and other indoor public places in Oregon. There are no exemptions for electronic cigarette retail outlets, smoke shops, bars or other venues. For more information on inhalant delivery systems, please see the electronic cigarette web page.
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What Workplaces are Affected Under the Law?
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. On January 1, 2016, Oregonians may not use e-cigarettes and other inhalant delivery systems in workplaces, restaurants bars and other indoor public places.
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.
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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 use tobacco to quit. 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
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Exceptions to the Law
Exceptions to the law include:
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.
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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 a fine of up to $500 per day for each violation
- Multiple violations will result in further administrative action.
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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.
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Statute and Administrative Rules for the Law
Inhalant Delivery System Packaging and Labeling Rulemaking 2015
HB 2546 requires the Oregon Health Authority, Public Health Division to promulgate rules related to child-resistant packaging, packaging not attractive to minors, and labeling requirements for Inhalant Delivery Systems (IDS). Inhalant delivery systems are devices that can be used to deliver nicotine, cannabinoids and other substances, in the form of a vapor or aerosol. These include e-cigarettes, vape pens, e-hookah and other devices.
Packing and Labeling RAC Meeting Notes - August 06, 2015
Packing and Labeling RAC Meeting Notes - August 26, 2015
Packing and Labeling RAC Meeting Notes - September 11, 2015
Packing and Labeling RAC Meeting Notes - November 3, 2015
Oregon Indoor Clean Air Act (ICAA) – Rulemaking 2015
The ICAA protects workers and the public from secondhand smoke at work and in public places. The Oregon Health Authority, Public Health Division, is revising the Oregon Administrative Rules (OAR) to comply with statutory changes from the passage of HB 2546. HB 2546 includes the use of all types of “inhalants” and “inhalant delivery systems” in the Indoor Clean Air Act (ICAA).The revised rules will also promote clarity in order to improve administration of the ICAA.
ICAA Final Rule Text
Rules Advisory Committee Meeting Notes - August 06, 2015
Rules Advisory Committee Meeting Notes - August 26, 2015
Sales to Minors – Rulemaking 2015
The Oregon Health Authority, Public Health Division is temporarily adopting administrative rules in chapter 333, division 15. The Oregon Health Authority has reorganized and rules for reducing the sale of tobacco products and inhalant delivery systems to minors are now implemented by the Public Health Division. These temporary rules are effective January 1, 2016 through July 28, 2016.
Sales to Minors Temporary Rule Text
Sales to Minors Statement of Need and Justification
Sales to Minors Certificate and Order for Filing Temporary Administrative Rules
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Get Posters and Signs
Download and print materials, including posters, brochures, flyers, and no smoking decals.
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