Oregon's Indoor Clean Air Act
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. Get more information on inhalant delivery systems.
On this page:
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 (decals are available for download and self-printing).
- 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.
- 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.
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
Oregon Revised Statutes [433.835 to 433.990]
Oregon Administrative Rules [333-015-0025 to 333-015-0090]
Indoor Clean Air Act Rulemaking 2017
The Oregon Health Authority, Public
Health Division, is proposing permanent amendments to chapter 333, division 15,
pertaining to the Oregon Indoor Clean Air Act (ICAA). In this rulemaking, the
Oregon Health Authority (Authority) is removing the language defining “enclosed
area” from rule to ensure the rules are aligned with the newly revised Oregon
Indoor Clean Air Act (ICAA) statute. The definition in rule will refer to the
meaning given in ORS 433.835, ICAA statute. SB 235 (Oregon Laws 2017, chapter
732) was signed by the Governor in August 2017 and the definition of “enclosed
area” was added to ICAA statute ORS 433.835.
Written comments only are being accepted. Please file written comments before 5:00 p.m.
on November 30, 2017 by submitting them to the Public
Health Division Rules Coordinator at the following address:
OHA, Public Health Division
Brittany Hall, Administrative Rules
800 NE Oregon Street, Suite 930
Portland, Oregon 97232
You may also send
comments by fax to (971) 673-1299.
Final rules will
be filed after consideration of all comments.
If you have questions or would like a
paper copy of these rule changes, please contact Tara Weston at 971-673-1047 or
by e-mail at firstname.lastname@example.org.
Secretary of State Rulemaking Notice, which
includes: Notice of Proposed Rulemaking Hearing; Statement of Need and Fiscal
Impact; Proposed rules text
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Get Posters and Signs
Download and print materials, including posters, brochures, flyers, and no smoking decals.