# ORS § 433.850: 433.850 Prohibition on aerosolizing, smoking or vaporizing in place of employment

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.850

## Section

- **Citation:** ORS § 433.850
- **Heading:** 433.850 Prohibition on aerosolizing, smoking or vaporizing in place of employment
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 36 / Chapter 433 / Section 433.850

## Text

(1) An employer:

(a) Shall provide for employees a place of employment that is free of all smoke, aerosols and vapors containing inhalants; and

(b) May not allow employees to smoke, aerosolize or vaporize inhalants at the place of employment.

(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 the smoking, aerosolizing or vaporizing of inhalants 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) The smoking of tobacco products is permitted in a smoke shop.

(d) The smoking of cigars 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.

(e) A performer may smoke or carry a lighted smoking instrument that does not contain tobacco or cannabis, and may aerosolize or vaporize a substance that does not contain nicotine or a cannabinoid, while performing in a scripted stage, motion picture or television production if:

(A) The production is produced by an organization whose primary purpose is producing scripted productions; and

(B) The act of smoking, aerosolizing or vaporizing is an integral part of the production.

(f) The medical use of marijuana is permitted in the place of employment of a licensee of a professional licensing board as described in ORS 475C.892 (Prohibition against taking disciplinary action against professional licensee) .

(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) . [1981 c.384 §§4,5; 2001 c.104 §161; 2001 c.990 §2; 2007 c.602 §4; 2011 c.234 §1; 2015 c.158 §18; 2017 c.21 §109]

Source: Section 433.850 — Prohibition on aerosolizing, smoking or vaporizing in place of employment; exceptions; posting signs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 433.001 433.001 Definitions for ORS 433.001 to 433.045 and 433.110 to 433.770](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.001.md)
- [ORS § 433.004 433.004 Reportable diseases](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.004.md)
- [ORS § 433.006 433.006 Investigation and control measures](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.006.md)
- [ORS § 433.008 433.008 Confidentiality of disclosure](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.008.md)
- [ORS § 433.009 433.009 Reporting by law enforcement unit](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.009.md)
- [ORS § 433.010 433.010 Spreading disease prohibited](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.010.md)
- [ORS § 433.012 433.012 Oregon Health Authority to provide laboratory examination](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.012.md)
- [ORS § 433.017 433.017 Test of blood of pregnant woman required](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.017.md)
- [ORS § 433.035 433.035 Testing or examination of persons with certain diseases or conditions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.035.md)
- [ORS § 433.040 433.040 Oregon Vaccine Education and Prioritization Plan](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.040.md)
- [ORS § 433.045 433.045 Notice of HIV test required](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.045.md)
- [ORS § 433.055 433.055 Prevalence studies](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.055.md)
- [ORS § 433.060 433.060 Definitions for ORS 433.060 to 433.080](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.060.md)
- [ORS § 433.065 433.065 Procedures for HIV testing](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.065.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.850. Check the current official text before relying on it. Not legal advice.