The New Smokefree Workplace Law

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.

The new law will also prohibit smoking within 10 feet of entrances, exits, windows that open, and ventilation intakes of workplaces or public places.

The new restrictions go into effect on January 1, 2009

Read about the current Smokefree Workplace Law or contact Debi Livengood at debi.livengood@state.or.us or 971-673-1020 for more information.

What Workplaces Will Be Affected Under the New Law?  (Effective January 1, 2009)

Compare to the current law.

Under Oregon's new Smokefree Workplace Law, smoking will be prohibited in most public places and workplaces with few exceptions. Public place means any enclosed area open to the public.  Place of employment means every enclosed area under the control of a public or private employer that employees frequent during the course of employment.

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  
• Restaurants
• 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 passed Smokefree Workplace Laws prior to the new state law. In these jurisdictions, any standard or requirement stricter than the state law will apply. 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 New Law (Effective January 1, 2009)

Compare to the current law.

Complying with the new law will be easy:

• Make sure all employees are informed of the law and comply with its effective date of January 1, 2009.
• Prohibit smoking in the workplace and within 10 feet of all entrances, exits, windows and air intake vents.
• Post "No Smoking within 10 feet" signs at all building entrances and exits as required by law (free signs will be available soon). 
• Remove all ashtrays and other receptacles for smoking debris from your workplace and from within 10 feet of entrances, exits, windows, and ventilation intakes as required by law.
• Talk with your customers and employees about the law.
• Provide training to employees about how to ask visitors and patrons not to smoke.
• Encourage employees who smoke to use the January 1, 2009 effective date as a date to quit smoking.  Encourage them to call Oregon's toll-free QUIT LINE at 800-QUIT-NOW (800-784-8669) or, for Spanish, to call 877-2NO-FUME (877-266-3863).

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

*(See What Workplaces Will Be Affected Under the New Law)

Exceptions to the New Law (Effective January 1, 2009)

Compare to the current law.

Exceptions to the law will include:

• Smoking in certified smoke shops. Smoke shops must be certified by the Department of Human Services and abide by specific guidelines. Get application for smoke shop certification.
  
  To qualify as a smoke shop, a business must:
  • Apply to the Department of Human Services and receive certification before allowing smoking on the premises (applications will be available in November)
  • Acquire at least 75 percent of its gross revenue from tobacco sales every fiscal year
  • Prohibit persons under 18 years of age from entering the premises and post notice of the prohibition at each entrance and exit
  • Post signage at each entrance and exit stating that smoking is allowed on all or some of the premises
  • Not offer video lottery games, social gaming or betting on the premises
  • Not sell or offer on-premises consumption of alcoholic beverages
  • Be a stand-alone business with no other businesses or residential property attached to the premises

• Smoking of cigars in certified cigar bars. Cigar shops must be certified by the Department of Human Services and abide by specific guidelines. Get application for cigar bar certification.
  
  
  To qualify as a cigar bar, a business must:
  • Apply to the Department of Human Services and receive certification before allowing cigar smoking on the premises (applications will be available in November)
  • 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 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 signage at each entrance and exit stating that smoking is allowed on all or some of the premises
  • Not offer video lottery games
  • Have a maximum seating capacity of 40 people
  • Have a ventilation system certified by the Assistant to the State Fire Marshal for the jurisdiction in which the cigar bar is located as adequate to remove the cigar smoke in the cigar bar and vent the smoke from the cigar bar in a manner that prevents the smoke from entering any other establishment
  • Require all employees to read and sign a form published by the Public Health Division which explains the dangers of exposure to secondhand smoke (available in November)

• 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 percent 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 nonsmoking rooms.
  • The owner or entity in charge of a hotel or motel must notify clients upon check-in as to the smoking status of the rooms.
  • All hotel and motel sleeping rooms must be clearly marked either smoking or non-smoking on the exterior door of the sleeping room.

• Smoking of non-commercial tobacco for American Indian ceremonial purposes.

Enforcement and Penalties for the New Law (Effective January 1, 2009)

Compare to the current law.

Employees and the public will be able to report violations of the new law once it takes effect by calling a toll-free number or completing an online complaint form.

Complaints will be investigated and violations pursued.

If your business is not in compliance with the new law by January 1, 2009, you could incur the following fines:

• $500 per day
• Maximum $2000 in a 30-day period
• Multiple violations will result in further administrative action.

Reporting Violations of the New Law (Effective January 1, 2009)

Compare to the current law.

Employees and the public will be able to report violations once the new law takes effect by calling a toll-free number or completing an online complaint form. Complaints will be investigated and violations pursued.

Statute and Administrative Rules for the New Law

Compare to the current law.

• Oregon Revised Statute [433.835 - 433.990]    

This statute applies to the current Smokefree Workplace Law.  The amendments that take effect January 1, 2009, are noted after each section.

• Oregon Administrative Rules [333-015-0025 - 333-015-0090]    

Please note that sections 333-015-0030 and 333-015-0040 of the administrative rules are being amended.  The Notice of Proposed Rulemaking Hearing, the Rulemaking Text, and the Statement of Need are available at http://oregon.gov/DHS/ph/tobacco/ under the heading Smokefree Workplace Law - Notice of Rulemaking & Public Hearings.

Get Posters and Signs for the New Law (Effective January 1, 2009)

Compare to the current law.

To order materials including brochures, flyers, and door stickers for the revised Indoor Clean Air Act, please go to the on-line OTEC Catalog.  

Frequently Asked Questions About the New Law (Effective January 1, 2009)

Compare to the current law.

A list of frequently asked questions and answers about the new Smokefree Workplace Law will be available soon.