Does the ICAA apply to my business?
As an employer you are subject to the ICAA and it is your responsibility to ensure that your workplace is smoke, aerosol and vapor free. The ICAA prohibits smoking in the workplace and within 10 feet of all entrances, exits and accessibility ramps that lead to and from an entrance or exit, windows that open and air-intake vents. All workplaces and enclosed public places must be smoke, vapor and aerosol free. This includes work vehicles that are not operated exclusively by one employee as well as hotels and motels 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.
What do I have to do to comply with the law?
As an employer you are subject to the ICAA and it is your responsibility to ensure that your workplace is smoke, aerosol and vapor free.
Employers are required to:
- Prohibit smoking, aerosolizing or vaporizing in the workplace and within 10 feet of all entrances, exits, accessibility ramps that lead to and from an entrance or exit, windows that open and air-intake vents.
- Post "No Smoking or Vaping within 10 feet" signs at all building entrances and exits (decals are available for download and 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.
- Ensure that outdoor seating areas where smoking is allowed are not enclosed.
- Mark as non-smoking/aerosolizing/vaporizing outdoor seating and 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.
Below are other steps you can take to make sure your business is in compliance with the law:
- Make sure all employees are informed about the law and how to comply.
- Talk with your customers about the law.
- Provide training to employees on how to ask visitors and patrons not to smoke, aerosolize or vaporize.
- Encourage employees who use tobacco to quit. Encourage them to visit www.quitnow.net/oregon or call Oregon's toll-free QUIT LINE at 800-QUIT-NOW (800-784-8669) or, for Spanish, 855-DEJELO-YA (855-335356-92).
- Review ICAA rules and requirements in OAR 333-0015-0025 to 333-015-0085.
How is the law enforced?
The ICAA is a complaint-driven law. That means that enforcement activities only take place as a result of a complaint from a member of the public, including employees of the business.
Employees and the public may report violations of the law by completing an online complaint form or by calling 1-866-621-6107.
Complaints will be investigated and violations pursued.
Failure to comply with the law may result in:
- A fine of up to $500 per day for each violation.
- Further legal action such as an injunction where there are multiple violations.
Businesses have at least three opportunities to come into compliance with the ICAA before OHA considers civil action. Letters and visits by inspectors with education and assistance take place when complaints are received from the public. When businesses do not comply with the law after working with inspectors, OHA may take civil action.
I want to know who complained about my business? Can I find out?
All complaints received are public record. Complaints about potential violations of the ICAA can be made anonymously or the complainant may leave their contact information.
What can I expect during a site visit?
When conducting a site visit, the inspector will:
- Take pictures and/or video documenting compliance and/or violations both inside and outside of the business; and
- Inspect the entire property. (It is a violation of the ICAA to prohibit the inspector from inspecting all or any part of the premises, including areas not open to the public.)
- Visit during business operating hours.
- Identify themselves to an employee and ask to speak to a manager or owner.
- Explain the purpose of their visit to the employee.
Explain the inspection results, including any violations found, and obtain a signature from an employee.
- Request access to all areas of the business, including those areas that are not open to the public.
- Use tools to determine distances from entrances, exits, accessibility ramps, windows that open and ventilation intakes.
- If needed, the inspector will discuss a plan with the employee and confirm that he/she understands what needs to take place to come into compliance with the law.
- The inspector will leave a copy of the form(s) with an employee.