ORS 433.850¹
Smoke free place of employment required
  • exceptions
  • posting signs

(1) Except as provided in subsection (2) of this section, an employer shall provide a place of employment that is free of tobacco smoke for all employees.

(2) The following areas are not subject to the smoking restrictions in subsection (1) of this section:

(a) Retail businesses primarily engaged in the sale of tobacco or tobacco products.

(b) Restaurants posted as off-limits to minors or areas of restaurants posted as off-limits to minors under rules adopted by the Oregon Liquor Control Commission.

(c) Bars or taverns posted as off-limits to minors under rules adopted by the Oregon Liquor Control Commission.

(d) Rooms or halls being used by a charitable, fraternal or religious organization to conduct bingo games under a license issued pursuant to ORS 464.270 (Licensing requirements).

(e) Bowling centers.

(f) Rooms designated by the owner or person in charge of a hotel or motel as rooms in which smoking is permitted.

(g) Employee lounges designated by an employer for smoking if:

(A) The lounge is not accessible to minors;

(B) The air in the lounge is exhausted directly to the outside by an exhaust fan and not recirculated to other parts of the building;

(C) The lounge is in compliance with ventilation standards established by rule by the Department of Human Services;

(D) The lounge is located in a nonwork area where no employee is required to enter as part of the employee’s work responsibilities. For purposes of this paragraph, "work responsibilities" does not include custodial or maintenance work carried out in a lounge when it is unoccupied; and

(E) There are sufficient nonsmoking lounges to accommodate nonsmokers.

(3) An employer, except in those places described in subsection (2) of this section, shall post appropriate signs. [1981 c.384 §§4,5; 2001 c.104 §161; 2001 c.990 §2]

Note: The amendments to 433.850 (Smoke free place of employment required) by section 4, chapter 602, Oregon Laws 2007, take effect January 1, 2009. See section 13, chapter 602, Oregon Laws 2007. The text that is effective on and after January 1, 2009, is set forth for the user’s convenience.

433.850 (Smoke free place of employment required). (1) An employer shall provide a place of employment that is free of tobacco smoke for all employees.

(2) Notwithstanding subsection (1) of this section:

(a) The owner or person in charge of a hotel or motel may designate up to 25 percent of the sleeping rooms of the hotel or motel as rooms in which smoking is permitted.

(b) Smoking of noncommercial tobacco products for ceremonial purposes is permitted in spaces designated for traditional ceremonies in accordance with the American Indian Religious Freedom Act, 42 U.S.C. 1996.

(c) Smoking is permitted in a smoke shop.

(d) Smoking is permitted in a cigar bar that generated on-site retail sales of cigars of at least $5,000 for the calendar year ending December 31, 2006.

(3) An employer, except in those places described in subsection (2) of this section, shall post signs that provide notice of the provisions of ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title).

Notes of Decisions

Local govern­ments are not preempted from adopting more stringent limita­tions on smoking than mandated under statewide standards. Oregon Restaurant Associa­tion v. City of Corvallis, 166 Or App 506, 999 P2d 551 (2000)

1 Legislative Counsel Committee, CHAPTER 433—Disease and Condition Control; Mass Gatherings; Indoor Air, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors433.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 433, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­433ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information