The Oregon Indoor Clean Air Act was enacted because it was felt that the smoking of tobacco creates a health hazard to those present in confined places, and therefore it is necessary to reduce exposure to tobacco smoke by requiring nonsmoking areas in certain places.[i]

ORS § 433.845 prohibits smoking or carry of any lighted smoking, or vaporizing instrument in a public place except in areas designated as smoking areas.  Smoking is prohibited in a room during the time that jurors are required to use the room.

 No person is allowed to smoke in a public place or place of employment except in areas designated as smoking areas.[ii]  Smoking is also not permitted within 10 feet of the entrance, exits, open windows and ventilators of public places or places of employment.[iii] 

The law of Oregon mandates that an employer should provide a place of employment that is free of tobacco smoke for all employees.  However there are certain exceptions to this requirement.  Retail businesses primarily engaged in the sale of tobacco or tobacco products, restaurants posted as off-limits to minors or areas of restaurants posted as off-limits to minors, bars or taverns posted as off-limits to minors, rooms or halls being used by a charitable, fraternal or religious organization to conduct bingo games, and bowling centers are also places where smoking is permitted.  Rooms may be designated by the owner or person in charge of a hotel or motel as rooms in which smoking is permitted.  Employee lounges designated by an employer for smoking is also exempt from the regulations if the lounge is not accessible to minors; the air in the lounge is exhausted directly to the outside by an exhaust fan and not recirculated to other parts of the building; the lounge is in compliance with ventilation standards established by rule by the Department of Human Services; and the lounge is located in a nonwork area where no employee is required to enter as part of the employee’s work responsibilities.  There should also be sufficient nonsmoking lounges to accommodate nonsmokers.[iv]

 Violation of ORS 433.850 (relating to smoke free place of employment, exceptions ands posting signs) is a Class D violation punishable by fines totaling not more than $50 per day, not to exceed $1,000 in any 30-day period.[v]

[i] ORS § 433.840

[ii] ORS § 433.845(1)

[iii] ORS § 433.845(2)

[iv] ORS § 433.850

[v] ORS § 433.990