Oregon Smoking laws & HR compliance analysis

Oregon Smoking: What you need to know

Oregon's Smokefree Workplace Law, also known as the Oregon Clean Air Act, prohibits smoking in enclosed public places and workplaces, including bars, restaurants, and healthcare facilities (OR Rev. Stat. Sec. 433.835et seq.).
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A "workplace" is defined as “every enclosed area under the control of a public or private employer that employees frequent during the course of employment.” "Home childcare and adult daycare facilities" are defined as places of employment.
Smoking is prohibited within 10 feet of entrances, windows that open, and ventilation intakes of workplaces and enclosed public places. Employers may increase the distance at their own facilities.
The Oregon Department of Human Services (DHS) has a resource page covering state smoking restrictions at http://publichealthoregon.gov.
Posting. “No Smoking” signs must be posted inside each entrance to a place of employment or enclosed public place; "No Smoking Within 10 Feet" signs or decals must be posted outside the entrance to any workplace or enclosed public place.
Exemptions. Workplaces exempt from smoking restrictions include:
• Work vehicles occupied exclusively by one person (although employer may declare all vehicles smoke-free)
• Smoke shops certified by the DHS
• Cigar bars certified by the DHS and not serving patrons under the age of 18
• 25 percent of hotel or motel rooms, which must be clearly posted as smoking-permitted
• Traditional ceremonies requiring the use of tobacco
Employer responsibilities. Employers are responsible for informing employees about the law, requiring employees to comply, and preventing nonemployees from smoking in the workplace. Employers should provide training for employees on how to ...

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