Tobacco Use and Secondhand Smoke Exposure: Smoke-free Policies

This page contains tools and resources for Tobacco Prevention and Education Programs (TPEP) programs working with local governments to adopt policies that expand public health protections for people in Oregon.  Local jurisdictions are working to expand laws that protect workers and the public from secondhand smoke in both indoor and outdoor environments.

Background

Oregon's Indoor Clean Air Act (ICAA) protects nearly every person in Oregon from the health risks of secondhand smoke.  The ICAA prohibits smoking in the workplace and within 10 feet of all entrances, exits and accessibility ramps that lead to and from an entrance or exit, windows that open and air-intake vents. 

In 2015, legislation passed (HB 2546) that expanded the ICAA to include the use of “inhalant delivery systems.” Inhalant delivery systems are devices that can be used to deliver nicotine, cannabinoids and other substances, in the form of a vapor or aerosol. These include e-cigarettes, vape pens, e-hookah and other devices. Under the law, people in Oregon may not use e-cigarettes and other inhalant delivery systems in workplaces, restaurants, bars and other indoor public places. There are no exemptions for electronic cigarette retail outlets, smoke shops, bars or other venues.

In 2017, Governor Brown signed Tobacco 21 (SB 754) into law.  The law prohibits the distribution and sales of tobacco products and inhalant delivery systems to those under the age of 21.

The ICAA contains exemptions that allow smoking of tobacco products inside certified smoke shops and certified cigar bars.  In addition, up to 25 perfect of sleeping rooms in a hotel or motel may be designated as rooms in which smoking is permitted.

Current requirements for smoke shop and cigar bar certification are summarized in this matrix comparing options for smoke shop and cigar bar certification. In these exempt businesses, as well as in areas not covered by the ICAA (such as outdoor dining areas), workers and the public continue to be exposed to secondhand smoke.

Preemption language was removed from the ICAA in legislation passed in 2007 allowing local jurisdictions to pass policies that are stronger than the state law. A local government can adopt a comprehensive ordinance prohibiting smoking in all workplaces and public places, both indoors and outdoors. A local law can prohibit smoking in places not addressed in state law, such as in all businesses (i.e. not exempting smoke shops) outdoor seating/dining areas and other unenclosed public places. A local law may be stronger than the state law, but it may not be weaker (i.e. reduce or take away restrictions and prohibitions in the state law).

Tools and Resources

Assessment Resources

•  2010 Indoor Clear Air Act Compliance Study report
• Breathe Easy: Assessing Businesses Exempt from Oregon's Clean Indoor Air Act - A presentation on the results of the ICAA Compliance Study. 

Policy Development Resources 

• Promoting Health and Preventing Disease and Injury Through Workplace Tobacco Policies – A report from the National Institute for Occupational Safety and Health (NIOSH) recommends that all workplaces become tobacco-free, including e-cigarettes, and that employers make tobacco cessation programs available to workers.
• Fundamentals of Smokefree Workplace Laws – Recommendations for developing and implementing effective smokefree policies.
• Americans for Nonsmokers’ Rights – Information and resources for campaigns to enact local smokefree indoor air laws
• How to Take Your Business Tobacco-Free – Policy development tools from Providence Health & Services

Other Resources

•  Adopting Tobacco-free policies on Campuses (2016) - This guide is designed to assist with the creation of effective and enforceable tobacco-free policies for higher-education institutions.  (Public Health Law Center)
• There is No Constitutional Right to Smoke or Toke (2018) - Policy brief debunking the claim that there is a constitutional "right to smoke" either commercial tobacco or recreational marijuana. (Public Health Law Center)
• State Legislated Actions on Tobacco Issues (SLATI) - From the American Lung Association, information on current state tobacco control laws, including state restrictions on smoking in public places and workplaces, tobacco excise taxes, and much more.
• CDC's Website on Smoking and Tobacco Use

Resources for Specific Types of Workplaces and Public Places 

Outdoor Workplaces and Public Places

• Smokefree Outdoor Air - Model ordinance, ordinance list and other resources from Americans for Nonsmokers' Rights
• Outdoor Areas and Events - HPCDP Connection (under construction)
• Comprehensive Smokefree Places (2018) - A model ordinance to limit tobacco use and secondhand smoke exposure (ChangeLab Solutions)
• List of Smokefree Outdoor Areas (Americans for Nonsmokers' Rights)

Outdoor Areas

• The Trend Toward Smokefree Outdoor Dining Areas (2009)  - Global Smokefree Partnership
• City of Novato Smoke-Free Ordinance
• TriMet No Smoking Regulations - Smoking is prohibited where posted at bus shelters, WES/MAX stations, and transit centers.
• City of Portland Rule - No Smoking in Pioneer Courthouse Square Transit Areas
• City of Boise Smokefree Air Ordinance - Prohibits smoking in public places, including outdoor service lines and within 20 feet of bus stops and other public transportation areas.