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Indoor Clear Air Act (ICAA) Enforcement Toolkit

This page contains materials and guidance for county TPEP programs for responding to complaints of violation of the Oregon Indoor Clean Air Act and performing other duties related to the enforcement of the ICAA.

Complaints of violation are processed through the web-based Workplace Exposure Monitoring System (WEMS), which includes Initial Response Letters and Complainant Letters. Scroll down for links to all site visit forms (Appendix J).

Employers and the public can access general information about Oregon’s Smokefree Workplace Law, report a violation, or access brochures and decals for download and self-printing by visiting this site.

For additional information, questions, or resource needs, please contact your liaison.


NEW! Resources for ICAA Inspectors

Supplemental Guidelines for ICAA Site Visits

ICAA Training Video for Inspectors


ICAA Policies and Procedures Manual

The Policies and Procedures Manual serves as a guide for ICAA inspectors and supervisors. The content in the manual is intended to ensure consistent application of ICAA enforcement activities across the state. It was developed at the Oregon Health Authority (OHA) with input from Local Public Health Authority (LPHA) ICAA Inspectors and Supervisors. While every effort was made to cover key areas of the ICAA, we understand that the manual is not comprehensive. LPHAs that have questions should continue to contact their liaisons in OHA’s Health Promotion and Chronic Disease Prevention Section. The manual will be reviewed and updated after each legislative session and other times, as needed. Those who use the manual are welcomed to submit feedback and ideas at any time.

As a complement to this manual, OHA has developed guidance for businesses to help them navigate the ICAA and remain compliant with the law. Read the guidance for businesses on our site.

ICAAPoliciesandProceduresManual.pdfPolicies and Procedures Manual

All appendices:

 ICAA Policies and Procedures Manual Overview webinar:

Webinar Slides

Webinar Recording


LPHA Enforcement Responsibilities

All Local Public Health Authorities (LPHAs) participate in a Delegation Agreement (Appendix A) with the Oregon Health Authority (OHA) for enforcement of the Oregon Indoor Clear Air Act. Through this agreement, LPHAs assume enforcement functions including responding to complaints of violation. Specific LPHA responsibilities include:

  • Maintain records related to all complaints received in WEMS.
  • Comply with the requirements in OAR 333-015-0070 to 333-015-0085 using OHA enforcement procedures.
  • Respond to and investigate all complaints received concerning ICAA non-compliance (following complaint response procedures and timelines outlined in the training materials below and for sending initial response letters, conducting site visits, and working with non-compliant sites to develop a remediation plan, if applicable).
  • Refer non-compliant businesses to OHA for further enforcement action.
  • Conduct at least one unannounced site visit to assure compliance with the ICAA for businesses that have entered into citation settlements with OHA allowing for unannounced site visits (OHA will notify LPHA of settlement agreements).
  • Conduct at least one unannounced sit visit to each certified smoke shop within the county each year (OHA will notify LPHA of businesses in the county that obtain smoke shop certification).

ICAA Enforcement Materials and Guidance 

Procedures and Training Materials

Smoke Shop Complaint Response and Inspections

Note: If you receive questions from a business about applying for or maintaining smoke shop or cigar bar certification, please refer the business to the state TPEP program.

Forms

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