The Current Smokefree Workplace Law

Since 2002, the Oregon Smokefree Workplace Law has protected employees against the harmful effects of secondhand smoke by making most workplaces smokefree. In June 2007, the Oregon legislature passed a law making the Oregon Smokefree Workplace Law even stronger.

The new law will expand the number of indoor workplaces that are required to be smokefree. It will also prohibit smoking within 10 feet of entrances, exits, windows that open, and ventilation intakes of workplaces and public places.

The new restrictions go into effect on January 1, 2009

Read about the new Smokefree Workplace Law

What Workplaces Are Affected Under the Current Law?

Compare to the new law.

Under Oregon's Smokefree Workplace Law, smoking is prohibited in most enclosed areas of employment, including but not limited to:

• Private offices and commercial office buildings
• Retail and wholesale establishments
• Manufacturing plants and mills
• Restaurants
• Restaurant/bar combinations (Exception: smoking may be permitted in areas posted as off-limits to minors.)
• Hotels and motels (Exception: guest smoking rooms designated by the owner/manager.)
• Truck stops
• Child care
• Movies theaters and indoor entertainment venues

Smoking is prohibited in almost all areas of indoor workplaces.

Indoor workplace means every enclosed area under the control of a public or private employer that employees frequent during the course of employment, including but not limited to:

• Warehouse areas
• Restrooms
• Classrooms
• Cafeterias
• Hallways
• Lobbies
• Banquet facilities/meeting rooms
• Conference rooms
• Common areas
• Break rooms (Exception: employee lounge designated for smoking if:  the lounge is not accessible to minors; air is vented outside and not recirculated; the lounge meets DHS ventilation standards; the lounge is in a nonwork area where no employee is required to enter; and there are sufficient nonsmoking lounges for nonsmokers.  A smoking lounge or break room is NOT required by law.)

Note: Some cities and counties in Oregon passed Smokefree Workplace Laws prior to the new state law. In these jurisdictions, any standard or requirement stricter than the state law applies. If you are an employer, employee or member of any of these communities, please contact your local county tobacco prevention coordinator for information on applicable workplace rules and regulations.

Complying With the Current Law

Compare to the new law.

Complying with the law is easy:

• Post "No Smoking" signs at all building entrances as required by law, as well as in break rooms and places where employees may have been used to smoking (download free signs).

• Remove ashtrays as required by law.

• Remove matchbooks so the message is clear - smoking is no longer allowed in the place of business.

• Talk with your customers and employees about the law.

• Provide training to employees about how to ask visitors and patrons not to smoke.

As an employer, it is your responsibility to ensure that your workplace is smokefree*.

*(See What Workplaces Are Affected Under the Current Law)

Exceptions to the Current Law

Compare to the new law.

Smoking is not prohibited by State law in the following workplaces:

• Bars/taverns (when posted as off-limits to minors)
• Tobacco shops
• Bowling centers
• Bingo halls
• Private homes (Exception:  smoking is prohibited when there is a child care facility, a facility providing adult day care or a health care facility present in the private home.)

Many of these workplaces may already be smokefree or can plan on going smokefree voluntarily before January 1, 2009.  Most business will be required to be smokefree by January 1, 2009.

Enforcement and Penalties for the Current Law

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Complaints submitted by employees and the public will be investigated and violations pursued.

If your business is not in compliance, you could incur the following fines (ORS 433.835-433.990):

• $50 per day
• Maximum $1000 in a 30-day period

Employees and the public may report violations of the law by:

• Calling this toll-free number: 1-866-621-6107 (your call may be anonymous)
• Completing the Complaint of Violation Form, or
• Completing the Anonymous Complaint of Violation Form

All reports of violations of the Smokefree Workplace law are a matter of public record and confidentiality cannot be guaranteed.  If you would like to receive information about the status of your complaint, you must leave your name and contact information.  If you do not want to give us that information, you can leave your complaint anonymously but you will not receive any further information about the complaint.

Reporting Violations of the Current Law

Compare to the new law.

Employees and the public may report violations of the law by:

• Completing the Complaint of Violation Form, or
• Completing the Anonymous Complaint of Violation Form, or
• Calling this toll-free number: 1-866-621-6107 (your call may be anonymous)

All reports of violations of the Smokefree Workplace law are a matter of public record and confidentiality cannot be guaranteed.  If you would like to receive information about the status of your complaint, you must leave your name and contact information.  If you do not want to give us that information, you can leave your complaint anonymously but you will not receive any further information about the complaint.

Current Statute and Administrative Rules

Compare to the new law.

• Oregon Revised Statute [433.835 - 433.990]
• Oregon Administrative Rules [333-015-0025 - 333-015-0085]

Get Posters and Signs for the Current Law

Compare to the new law.

• View posters and signs that can be downloaded, printed or ordered.

Frequently Asked Questions About the Current Law

Compare to the new law.

• Browse these FAQs about the current law.

Contact Information

For more information or clarification, contact Debi Livengood at debi.livengood@state.or.us or 971-673-1020.