Frequently Asked Questions about the Current Smokefree Workplace Law

When did the law go into effect?

The law went into effect on January 1, 2002. The new law does not take effect until January 1, 2009 (read more about the new Smokefree Workplace Law).

What is the law?

ORS 433.835-433.990 requires with few exception that: "an employer shall provide a place of employment that is free of tobacco smoke for all employees."

What is "a place of employment?"

A place of employment is "every enclosed area under the control of a public or private employer that employees frequent during the course of employment."

What is meant by an enclosed area?

Enclosed area means all space between a floor and a ceiling that is enclosed on all sides by solid walls or windows, exclusive of doors or passageways, that extend from the floor to the ceiling, including all space therein screened by partitions that do not extend to the ceiling.

Is a business required to post a no smoking sign?

Yes, businesses are required to post signs at each entry. Decals and signs to use for the revised Smokefree Workplace law, effective January 1, 2009, will be ready soon.

What should I do if there is smoking at my workplace?

You have the right to ask your employer to enforce the smokefree workplace law in your workplace. Should a problem persist, you can report a violation or call 1-866-621-6107.

Is there help for people who want to quit smoking?

Help is available to all Oregonians through the statewide Oregon Tobacco Quit Line. Call 800-QUIT-NOW (800-784-8669) or, in Spanish, (877-2NO-FUME 877-266-3863)

What are the fines for noncompliance with the law?

If your business is not in compliance, you could incur the following fines:

• $50 per day
• Maximum $1000 in a 30-day period

Where is smoking prohibited? Are there exceptions?

Under Oregon's Smokefree Workplace Law, smoking is prohibited in most enclosed areas of employment. Review this list of workplaces where smoking is prohibited (including the exceptions).

What if my community already has a workplace smoking law?

Some cities and counties in Oregon passed Smokefree Workplace Laws prior to the new state law. In those jurisdictions, any standard or requirement stricter than the state law applies. If you are an employer, employee or member of the community in those listed below, please contact your local county tobacco prevention coordinator for information on applicable workplace rules and regulations.