labor lawAdivision of labor law center

The new Oregon Smokefree Workplace Law goes into effect on January 1, 2009. The law prohibits smoking in most public place and workplaces, with a very few exceptions.

Employers are responsible for enforcing the new law. The new law replaces Oregon’s previous non-smoking law, which permitted smoking in many businesses.

Under the new law, employers must prominently post “No Smoking” signs and must prohibit smoking within 10 feet of doors, windows and air intake vents. Employers must also ensure that ashtrays are at least 10 feet from entrances, and train all employees on how to ask patrons to refrain from smoking.

Employers must also prominently display a current Oregon No Smoking Poster.

According to the Department of Human Services, the law prohibits smoking in almost every enclosed area open to the public. The law also prohibits smoking in enclosed areas under the control of a public or private employer, that is frequented by employees during the course of employment.

The new law requires that the following areas be smoke free: 

• Bars and taverns
• Restaurants including the bar areas
• 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
• Video poker parlors
• Child and adult day-care
• Assisted living facilities
• Movies theaters and indoor entertainment venues

Under the law, most rooms in hotels and motels must be non-smoking. Up to 25% of guest rooms may be designated as smoking rooms by the management.

Work vehicles must be non-smoking unless they are exclusively operated by one employee.

Exceptions to the law are very limited. They apply to smoke shops and cigar bars, with approval from the Oregon Department of Human Services, only. In order to qualify, those businesses need to not include video gaming or lottery sales. Hotels and motels are also permitted to have up to 25% smoking rooms.

A number of cities and counties in Oregon have stricter non-smoking laws in effect. In these areas, employers should contact the local county tobacco prevention coordinator for information on local laws.

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1. Posted by: generalsn

   This ban is a textbook ban. Here’s the textbook. http://www.no-smoke.org/pdf/CIA_Fundamentals.pdf

2. Posted by: Amelia

   Hi Generalsn! Thanks for posting a useful link for any community organizers interested in passing no-smoking laws. Thanks for reading the blogs!~ Amelia