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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 651 Bureau of Labor and Industries
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As used in this chapter, unless the context
requires otherwise:
(1) “Bureau” means the Bureau of Labor and Industries.
(2) “Commissioner” means the Commissioner of the Bureau of Labor
and Industries. [Amended by 1979 c.659 §1; 1987 c.158 §123] The Bureau of Labor and
Industries hereby is established as a separate department of this state.
[Amended by 1979 c.659 §2] (1) The
Bureau of Labor and Industries shall be under the control of the
Commissioner of the Bureau of Labor and Industries which office hereby is
created.
(2) The Commissioner of the Bureau of Labor and Industries shall be
elected for a term of four years.
(3) The Commissioner of the Bureau of Labor and Industries shall be
a citizen of this state who has been a resident of this state for over
five years. [Amended by 1979 c.659 §3; 1995 c.107 §3] (1) The Commissioner of the Bureau of
Labor and Industries shall, before entering upon the duties of the office
of the commissioner, execute a bond to the state in the sum of $5,000,
conditioned upon the faithful, honest and impartial performance of the
duties under ORS 651.030, 651.050, 651.060, 651.120, 651.160 and 651.170
and upon the prompt and faithful accounting for all fees of any nature
collected by the commissioner or by designated assistants or deputies.
(2) The bond shall be approved by the Attorney General regarding
its legal form and be filed in the office of the Secretary of State.
(3) The premium on the bond shall be payable from any fund under
the control and administration of the commissioner or of the Bureau of
Labor and Industries or from any appropriation made for the purpose of
defraying the expenses of the commissioner or of the Bureau of Labor and
Industries. [Amended by 1979 c.225 §1] The Commissioner of the Bureau of
Labor and Industries shall cause to be enforced:
(1) All laws regulating the employment of adults and minors.
(2) All laws established for the protection of the health, lives
and limbs of persons employed in workshops, factories, mills and other
places.
(3) All laws enacted for the protection of employees.
(4) Laws which declare it to be a misdemeanor on the part of
employers to require as a condition of employment the surrender of any
rights of citizenship.
(5) Laws regulating and prescribing the qualifications of persons
in apprenticeable trades and crafts, and similar laws. [Amended by 1959
c.406 §31; 1979 c.225 §2; 1981 c.851 §1; 1987 c.414 §90; 1995 c.386 §3](1) The
Commissioner of the Bureau of Labor and Industries may issue subpoenas
and subpoenas duces tecum, administer oaths, obtain evidence and take
testimony in all matters relating to the duties required under ORS
279C.800 to 279C.870, 651.030, 651.050, 651.120, 651.170, 652.330,
653.055, 658.405 to 658.503 and 658.705 to 658.850 and wage claims
arising under ORS 653.305 to 653.350 and in all contested cases scheduled
for hearing by the Bureau of Labor and Industries pursuant to ORS chapter
183. Such testimony shall be taken in some suitable place in the vicinity
to which testimony is applicable.
(2) Witnesses subpoenaed and testifying before any officer of the
bureau shall be paid the fees and mileage provided for witnesses in ORS
44.415 (2). The payment shall be made from the fund appropriated for the
use of the bureau, and in the manner provided in ORS 651.170 for the
payment of other expenses of the bureau.
(3) The Commissioner of the Bureau of Labor and Industries shall
employ a deputy commissioner and such other assistants or personnel as
may be necessary to carry into effect the powers and duties of the
commissioner or of the Bureau of Labor and Industries and may prescribe
the duties and responsibilities of such employees. The commissioner may
delegate any of the powers of the commissioner or of the bureau to the
deputy commissioner and to the other assistants employed under this
subsection for the purpose of transacting the business of the
commissioner’s office or of the bureau. In the absence of the
commissioner, the deputy commissioner and the other assistants whom the
commissioner employs shall have full authority, under the commissioner’s
direction, to do and perform any duty the law requires the commissioner
to perform. However, the commissioner shall be responsible for all acts
of the deputy commissioner and of the assistants employed under this
subsection.
(4) In accordance with any applicable provisions of ORS chapter
183, the Commissioner of the Bureau of Labor and Industries may adopt
such reasonable rules as may be necessary to administer and enforce any
statutes over which the commissioner or the Bureau of Labor and
Industries has jurisdiction.
(5) The Commissioner of the Bureau of Labor and Industries may
conduct and charge and collect fees for public information programs
pertaining to any of the statutes over which the commissioner or the
Bureau of Labor and Industries has jurisdiction. [Amended by 1959 c.627
§8; 1963 c.258 §1; 1971 c.734 §29; 1975 c.282 §1; 1979 c.225 §3; 1981
c.851 §2; 1983 c.636 §1; 1989 c.980 §17; 1997 c.240 §1; 2003 c.794 §305;
2005 c.22 §§454,455]ADMINISTRATION OF LABOR LAWS GENERALLY; FUNDS AND EXPENDITURESThe Bureau of Labor and Industries may assist and
cooperate with the United States Department of Labor in the enforcement
within this state of the Fair Labor Standards Act of 1938. Subject to the
regulations of the United States Department of Labor and the laws of this
state applicable to the receipt and expenditure of moneys, the bureau may
be reimbursed by the United States Department of Labor for the reasonable
cost of such assistance and cooperation. Records of the bureau acquired
under this section shall be kept in confidence to the same extent the
records of the United States Department of Labor are confidential, except
that the records shall at all times be available to the proper agencies
of the United States Government. [Amended by 2005 c.22 §456] (1) The Commissioner
of the Bureau of Labor and Industries may:
(a) Enter any factory, mill, office, workshop, or public or private
works, at any reasonable time, for the purpose of gathering facts such as
are contemplated by ORS 279C.850, 652.330, 653.045, 653.540 and 659A.835.
(b) Examine into the methods of protection from danger to
employees, and the sanitary conditions in and around such buildings and
places, and make a record thereof.
(2) No owner or occupant, or the respective agent, of any factory,
mill, office, or workshop, or public or private works, shall refuse to
allow an inspector or employee of the Bureau of Labor and Industries to
enter. [Amended by 1979 c.225 §4; 2001 c.621 §86; 2003 c.794 §306] (1) There hereby is
established in the General Fund in the State Treasury an account to be
known as the Bureau of Labor and Industries Account. Except as otherwise
provided by law, all fees of whatever kind, and moneys received or
collected by the Bureau of Labor and Industries and the Wage and Hour
Commission, from every source, and paid into the State Treasury pursuant
to law shall be credited to the Bureau of Labor and Industries Account.
Except as otherwise provided by law, all moneys in the Bureau of Labor
and Industries Account hereby are appropriated continuously for the
payment of the salaries and all other expenses of the Bureau of Labor and
Industries and the Wage and Hour Commission. All fees collected pursuant
to ORS 651.060 (5) are appropriated continuously for the payment of
expenses of public information programs conducted pursuant to ORS 651.060
(5).
(2) The Commissioner of the Bureau of Labor and Industries shall
keep a record of all moneys deposited in the Bureau of Labor and
Industries Account. The record shall indicate by separate cumulative
accounts the source from which the moneys are derived and the individual
activity or program against which each withdrawal is charged. [Amended by
1957 c.465 §1; 1979 c.659 §4; 1983 c.636 §2] The Commissioner of the Bureau of
Labor and Industries may incur such expense and employ such clerical aids
as may be necessary to carry out ORS 279C.830 (2), 651.030, 651.050,
651.060 and 651.120. The Oregon Department of Administrative Services may
draw warrants on the State Treasurer for the payment of such expense upon
properly verified vouchers approved by the commissioner. However, such
expense shall not exceed at any time the amount appropriated therefor.
[Amended by 1959 c.627 §10; 1983 c.740 §239; 2003 c.794 §307] The
Prevailing Wage Education and Enforcement Account is created in the
General Fund of the State Treasury. All moneys in the account are
appropriated continuously to the Commissioner of the Bureau of Labor and
Industries to:
(1) Administer and provide investigations under and enforce the
provisions of ORS 279C.800 to 279C.870;
(2) Provide educational programs on public contracting and
purchasing law under ORS 279.835 to 279.855 and ORS chapters 279A, 279B
and 279C; and
(3) Conduct surveys to determine prevailing wages. [1995 c.594 §7;
1999 c.152 §2; 2003 c.794 §308]PENALTIES (1) Willful neglect or refusal by any person
subpoenaed under ORS 651.060 to attend or testify at the time and place
named in the subpoena is punishable, upon conviction, by a fine of not
less than $25 nor more than $100, or by imprisonment in the county jail
not exceeding 30 days.
(2) Violation of ORS 651.120 (2) is punishable, upon conviction, by
a fine of not less than $25 nor more than $100, or by imprisonment in the
county jail not exceeding 90 days. [Amended by 1983 c.740 §240]
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