Oregon Laws on Smoking in the Workplace

What kinds of workplaces are subject to Oregon workplace smoking laws?

Workplace smoking laws apply to all enclosed areas used by employees.

In Oregon, in what parts of the workplace is smoking prohibited? Where is smoking permitted?

Smoking is prohibited throughout the entire workplace unless there are employee lounges designated for smoking. Smoking is also prohibited within 10 feet of a building exit, entrance, open window, or vent intake serving an enclosed area. Smoking is permitted in employee lounges designated for smoking.

What are the requirements for designated smoking areas in Oregon workplaces?

In Oregon, smoking areas must be inaccessible to minors. The smoking lounge must be in a nonwork area, and air must be exhausted directly to the outside with a fan. The air may not recirculate to other areas of the building, and no employee may be required to enter lounge as part of job (does not apply to custodial work when lounge is unoccupied).

Does Oregon require employers to make accommodations for nonsmokers?

In Oregon, if there is a lounge for smokers, there must be enough lounges for nonsmokers.

Are employers required to have a written or oral policy on workplace smoking in Oregon?

Oregon laws don’t address employer policies on smoking in the workplace. Local laws regulating smoking -- at the city, county, or town level -- may require employers to have a policy on smoking in some areas. And even though it’s not required by law in Oregon, employers are generally free to adopt policies on smoking in the workplace if they choose to.

Does Oregon provide employees with protection from smoking-related discrimination?

An employer may not require that an employee refrain from lawful use of tobacco products during nonwork hours as a condition of employment, unless there is a genuine occupational requirement.

Where can I find Oregon law information on smoking in the workplace?

If you want to go right to the source and look up Oregon law on workplace smoking laws -- or if you're writing a letter to your employer or employee and want to cite the applicable law -- the relevant statute(s) can be found at Or. Rev. Stat. Sections 433.835 to 433.875, 659A.315. Workplace smoking information is also available in Nolo's books Your Rights in the Workplace, by Barbara Repa (Nolo) and The Employer's Legal Handbook, by Fred Steingold (Nolo).