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A brochure created by the Oregon Health Authority

The Oregon Indoor Clean Air Act (OICAA), formerly known as the Smoke Free Workplace Act, is an initiative put in place to restrict smoking in all public workplaces. Oregon has been trying to push for a smoke free state for a long time and this act is a leg of many initiatives part of Smoke Free Oregon . Most recently, in early 2016, the biggest stride of the OICAA was  put into action, by banning the the consumption of tobacco products, including vapor producing inhalant devices, as well as marijuana in workplaces/within 10 feet of entrances, exits, air intakes, and accessibility ramps.

The Act

The Oregon Indoor Clean Air Act is a variation of some of the other nonsmoking policies set forth in other states like Minnesota and Utah. As a leg of the Smoke Free Oregon initiative, its main purpose is to keep smoking and smoke like substances out of public areas like workplaces, parks, bars, and restaurants. The law bans smoking inside any workplace and within 10 feet of entrances, exits, or anywhere else where another person may unintentionally inhale second-hand smoke.

This includes the use of Inhalant-delivery systems that are “smokeless”, yet produce a vapor containing carcinogens. The act allows for smokers to smoke if they desire, but not in the proximity of others. This allows people to have the freedom to breathe in clean air and decrease air pollution which is especially important for children and youth. The OICAA’s goals are cleaner air, less smoking, and an overall reduced risk for second hand smoke and this has already been shown to be effected in bar and restaurent workers. After going into effect January 1st, 2016, businesses have not struggled with customers and special businesses such as smoke shops, cigar bars, and hotels have been allowed to apply for permits to allow of smoking indoors. Now, an initiative to raise the legal age to purchase and consume tobacco products within the state has started to move through the legislature, with Lane County being a primary adopter, showing how the OICAA has influenced the state. Since the progression of Smoke Free Oregon initiatives, there has been decreased in smoking among adults by 13% and 2.3 billion fewer cigarettes are consumed each year. The affects of the law has also shown no ecnomical difference in response of less smoking on private and public grounds.

Rules and Regulations

The Oregon Health Authority has varied rules and regulations pertaining to both citizens and businesses regarding the Oregon Indoor Clean Air act. Initially, when these regulations are thought to have been violated, a claim or complaint has to be made to the Local Public Health Administrators (LPHA), the administrative force for the Oregon Indoor Clean Air act.  It is then determined if the site has to be smoke and vapor free in accordance with ORS 433.835 through 433.850. Signs will be posted on site, except where defined in OAR 333-015-0035, for a smoke free area. These signs will either state that ten feet around the site is a prohibited smoke and vapor free area(s), or that the entirety of the area(s) is a smoke and vapor free zone. Violations of the act include smoking, and or the use of aerosolizing or vaporizing equipment within ten feet of: Entrances, Exits, Windows that open, Ventilation intakes, and Accessibility ramps. If notified of a violation by any party, the site or business will receive a warning from the LPHA, alerting them to fix the behavior present. If another offense is reported to the LPHA by form of complaint within 5 days of the first response from the LPHA, they will take further action and make an unannounced visit of the site to determine if the act is being violated. If found to be in violation upon the inspection, penalties will be incurred. These penalties include fines that begin at an amount of $300 per day of each violation for the first violation, second of  $400 per day, and the third and any subsequent violations $500 per day.

Effects of Law

File:Smoking in bar.jpg

Many regulations are now in place to restrict smoking in bars throughout the country.

An enclosed area either owned by a public or private employer must regulate this rule for their employees during their course of employment. Workplaces that must be smoke free include: bars, employee break rooms, restaurants, hotels, motels, retail and wholesale establishments, this list is not limited to other facilities. Smoke-free laws help protect restaurants and bar employees and patrons from the harm of secondhand smoke. There is no safe level of  exposure to secondhand smoke. OICAA helps seven out of every ten smokers who want to quit smoking by providing those individuals with public environment free from any pressure or temptation to smoke. The National Cancer Institute in December 2016 conducted a review of economic literature on tobacco control; evidence shows that smoke-free policies like OICAA does not cause adverse economic outcomes for businesses included restaurants and bars. In 2009 reported by International Agency for Research on Cancer concluded that there is sufficient evidence that implements smokefree legislation decreasing respiratory symptoms in workers. NSBI also commented on this matter presenting that after reviewing economic variables that bars located in areas that have been already smoke free, sold for similar prices for bars with no restrictions.

In 2010 an analysis conducted on economics based on smoke-free laws stated “There is clear evidence that smokefree legislation does not hurt restauraunt, and in some cases business may improve.”

Legislative History

The Oregon Indoor Clean Air Act is a segment of the Smoke Free Oregon initiative. Set in place by the Oregon Tobacco Prevention and Education Program (TPEP), the Smoke Free Oregon act disallowed smoking in most workplaces by 2001 in accordance with ORS 433.840 (recognizing the negative effects of first and second-hand smoke). Following this initiative, a state law was passed in 2001 that preempted any Smoke Free ordinance that was not passed before 1 July, 2001. In 2000, Oregon Restaurant Association v. City of Corvallis affirmed that cities had the right to enact their own, more strict ordinances on smoking and led the way towards removing preemption with the Oregon Indoor Clean Air Act. However, until this law passed in 2009, preemption allowed all cities to enact their own regulations for tobacco smoking to include establishments not explicitly defined in ORS 433.835. In 2007, the Oregon Clean Air Act (O.R.S. §§ 433.835 et seq. (2007)) passed to remove preemption and include bars, restaurants, and all workplaces as smoke-free, this went into effect on 1 July, 2009. A 2015 revision of the law went to include all inhalant systems, vaporizers, inhalers, etc, and the use of marijuana in public locations.