Oregon Laws on Smoking in the Workplace

Information on Oregon workplace smoking laws, including accommodations for smokers and employer policies on smoking.

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. Smoking is also prohibited within 10 feet of a building exit, entrance, open window, or vent intake serving an enclosed area.

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

There are no provisions for designated smoking areas. Smoking is not allowed throughout all enclosed areas used by employees.

Does Oregon require employers to make accommodations for nonsmokers?

Because Oregon prohibits smoking in places of employment, accommodations for nonsmokers are not an issue.

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).

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