ORS 654.001 to 654.295, 654.750 to 654.780 and
654.991 may be cited as the Oregon Safe Employment Act. [1973 c.833 §2] The purpose of the Oregon Safe Employment Act is to
assure as far as possible safe and healthful working conditions for every
working man and woman in Oregon, to preserve our human resources and to
reduce the substantial burden, in terms of lost production, wage loss,
medical expenses, disability compensation payments and human suffering,
that is created by occupational injury and disease. To accomplish this
purpose the Legislative Assembly intends to provide a procedure that will:
(1) Encourage employers and employees to reduce the number of
occupational safety and health hazards and to institute new programs and
improve existing programs for providing safe and healthful working
conditions.
(2) Establish a coordinated program of worker and employer
education, health and safety consultative services, demonstration
projects and research to assist workers and their employers in preventing
occupational injury and disease, whatever the cause.
(3) Authorize the Director of the Department of Consumer and
Business Services and the designees of the director to set reasonable,
mandatory, occupational safety and health standards for all employments
and places of employment.
(4) Provide an effective program, under the director, to enforce
all laws, regulations, rules and standards adopted for the protection of
the life, safety and health of employees, and in so doing, predominantly
prioritize inspections of places of employment to first focus enforcement
activities upon places of employment that the director reasonably
believes to be the most unsafe.
(5) Establish appropriate reporting and research procedures that
will help achieve the objectives of the Oregon Safe Employment Act,
identify occupational hazards and unsafe and unhealthy working
conditions, and describe the nature of the occupational safety and health
problem.
(6) Assure that Oregon assumes fullest responsibility, in accord
with the federal Occupational Safety and Health Act of 1970 (Public Law
91-596), for the development, administration and enforcement of safety
and health laws and standards. [1973 c.833 §3; 1987 c.884 §55; 1999
c.1017 §1] As used in this chapter, unless the context
requires otherwise:
(1) "Board" means the Workers' Compensation Board created by ORS
656.712.
(2) "Department" means the Department of Consumer and Business
Services.
(3) "Director" means the Director of the Department of Consumer and
Business Services.
(4) "Employee" means any individual, including a minor whether
lawfully or unlawfully employed, who engages to furnish services for a
remuneration, financial or otherwise, subject to the direction and
control of an employer, and includes salaried, elected and appointed
officials of the state, state agencies, counties, cities, school
districts and other public corporations, or any individual who is
provided with workers' compensation coverage as a subject worker pursuant
to ORS chapter 656, whether by operation of law or by election.
(5) "Employer" means any person who has one or more employees, or
any sole proprietor or member of a partnership who elects workers'
compensation coverage as a subject worker pursuant to ORS 656.128.
(6) "Owner" means and includes every person having ownership,
control or custody of any place of employment or of the construction,
repair or maintenance of any place of employment.
(7) "Person" means one or more individuals, legal representatives,
partnerships, joint ventures, associations, corporations (whether or not
organized for profit), business trusts, or any organized group of
persons, and includes the state, state agencies, counties, municipal
corporations, school districts and other public corporations or
subdivisions.
(8) "Place of employment" means and includes every place, whether
fixed or movable or moving, whether indoors or out or underground, and
the premises and structures appurtenant thereto, where either temporarily
or permanently an employee works or is intended to work and every place
where there is carried on any process, operation or activity related,
either directly or indirectly, to an employer's industry, trade, business
or occupation, including a labor camp, wherever located, provided by an
employer for employees or by another person engaged in providing living
quarters or shelters for employees. "Place of employment" does not
include:
(a) Any place where the only employment involves nonsubject workers
employed in or about a private home; and
(b) Any corporate farm where the only employment involves the
farm's family members, including parents, spouses, sisters, brothers,
daughters, sons, daughters-in-law, sons-in-law, nieces, nephews or
grandchildren. [Amended by 1973 c.833 §4; 1975 c.102 §2; 1977 c.804 §34;
1987 c.373 §30; 1993 c.744 §17; 1999 c.433 §1] Every
employer shall furnish employment and a place of employment which are
safe and healthful for employees therein, and shall furnish and use such
devices and safeguards, and shall adopt and use such practices, means,
methods, operations and processes as are reasonably necessary to render
such employment and place of employment safe and healthful, and shall do
every other thing reasonably necessary to protect the life, safety and
health of such employees. [Amended by 1973 c.833 §5] No
employer or owner shall construct or cause to be constructed or
maintained any place of employment that is unsafe or detrimental to
health. [Amended by 1973 c.833 §6](1) No person shall remove, displace, damage, destroy or
carry off any safety device or safeguard furnished and provided for use
in any employment or place of employment, or interfere in any way with
the use thereof by any other person, or interfere with the use of any
method or process adopted for the protection of any employee in such
employment or place of employment.
(2) If an employee is injured as a result of an employer's
violation of the provisions of subsection (1) of this section, the
employer shall be assessed a civil penalty under ORS 654.086 (1)(c).
(3) If removal or the rendering inoperative of a safety device or
safeguard is necessary for repair or maintenance work, injuries sustained
while the repair or maintenance work is being performed are exempted from
this section. [Amended by 1973 c.833 §7; 1977 c.869 §1]Every employer, owner, employee and other person shall obey and
comply with every requirement of every order, decision, direction,
standard, rule or regulation made or prescribed by the Department of
Consumer and Business Services in connection with the matters specified
in ORS 654.001 to 654.295 and 654.750 to 654.780, or in any way relating
to or affecting safety and health in employments or places of employment,
or to protect the life, safety and health of employees in such
employments or places of employment, and shall do everything necessary or
proper in order to secure compliance with and observance of every such
order, decision, direction, standard, rule or regulation. [Formerly
654.060; 1977 c.804 §35](1) The Director of the Department of Consumer and
Business Services is vested with full power and jurisdiction over, and
shall have such supervision of, every employment and place of employment
in this state as may be necessary to enforce and administer all laws,
regulations, rules, standards and lawful orders requiring such employment
and place of employment to be safe and healthful, and requiring the
protection of the life, safety and health of every employee in such
employment or place of employment.
(2) The director and the Workers' Compensation Board may make,
establish, promulgate and enforce all necessary and reasonable
regulations, rules, standards, orders and other provisions for the
purpose of carrying out their respective functions under ORS 654.001 to
654.295 and 654.750 to 654.780, notwithstanding any other statutory
provisions which may be to the contrary. Nothing in ORS 654.001 to
654.295 and 654.750 to 654.780, however, shall authorize or require
medical examination, immunization or treatment for those who object
thereto on religious grounds, except where such is necessary to protect
the health or safety of others.
(3)(a) The director may enforce all regulations, rules and
standards duly adopted by any other state agency for the safety and
health of employees.
(b) This grant of concurrent jurisdiction and authority to the
director shall not be construed, however, as repealing or amending, or as
derogating in any respect from, the statutory jurisdiction and authority
of any other state agency to promulgate and enforce regulations, rules
and standards and to conduct inspections and investigations, except that
no other state agency shall issue the citations or assess the civil
penalties provided in ORS 654.001 to 654.295 and 654.750 to 654.780.
(c) In the event a state of facts or condition constitutes a
violation of more than one rule, regulation, standard or order of the
director or any other agency pertaining to occupational safety or health,
the state of facts or condition shall be the basis for the issuance of
only one citation and proceeding or the assessment of only one penalty
unless the statute specifically provides that a continuation of a state
of facts or a condition constitutes a new violation.
(d) Where another state agency, pursuant to its statutory
authority, proposes to adopt a regulation, rule or standard relating to
occupational safety or health, such agency shall accord the director an
opportunity to review such regulation, rule or standard prior to its
adoption for the purpose of assuring that employers will not be asked to
comply with contradictory or inconsistent requirements or be burdened
with an unnecessary duplication of occupational safety and health codes,
inspections or reports.
(4) The board and the director may subpoena witnesses, administer
oaths, take depositions and fix the fees and mileage of witnesses and
compel the attendance of witnesses and the production of papers, books,
accounts, documents and testimony in any inquiry, investigation, hearing
or proceeding in any part of the state, and the board and the director
shall provide for defraying the expenses thereof.
(5) The director and the board may do and perform all things,
whether specifically designated in ORS 654.001 to 654.295 and 654.750 to
654.780 or in addition thereto, which are necessary or convenient in the
exercise of any power, authority or jurisdiction conferred upon them by
ORS 654.001 to 654.295 and 654.750 to 654.780. The director's authority
under this section shall include but is not limited to:
(a) Designating by order or rule any named state employee or
category of state employees who shall have authority to exercise any of
the duties and powers imposed upon the director by law and whose act as
authorized by the order or rule shall be considered to be an official act
of the director. The director may designate local government employees
with public health administration or enforcement duties to exercise
duties and powers imposed upon the director with respect to ORS 654.174
(1) and (2).
(b) Instituting any legal or equitable proceeding which would
assist in the enforcement of any state occupational safety or health law
or any regulation, rule, standard or order promulgated thereunder,
including but not limited to seeking injunctive relief to enjoin an
employer from operating the place of employment until the employer has
complied with the provisions of such law, regulation, rule, standard or
order. Upon the filing of a suit for an injunction by the director, the
court shall set a day for hearing and shall cause notice thereof to be
served upon the employer. The hearing shall be not less than five nor
more than 15 days from the service of such notice. [Amended by 1973 c.833
§9; 1977 c.804 §36; 1979 c.839 §23; 1985 c.423 §6]Whenever the Director of the Department of Consumer and
Business Services has reason to believe, after an inspection or
investigation, that any employment or place of employment is unsafe or
detrimental to health or that the practices, means, methods, operations
or processes employed or used in connection therewith are unsafe or
detrimental to health, or do not afford adequate protection to the life,
safety and health of the employees therein, the director shall issue such
citation and order relative thereto as may be necessary to render such
employment or place of employment safe and protect the life, safety and
health of employees therein. The director may in the order direct that
such additions, repairs, improvements or changes be made, and such
devices and safeguards be furnished, provided and used, as are reasonably
required to render such employment or place of employment safe and
healthful, in the manner and within the time specified in the order.
[Formerly 654.045] (1) The Director of the
Department of Consumer and Business Services may, by general or special
orders, or by regulations, rules, codes or otherwise:
(a) Declare and prescribe what devices, safeguards or other means
of protection and what methods, processes or work practices are well
adapted to render every employment and place of employment safe and
healthful.
(b) Fix reasonable standards and prescribe and enforce reasonable
orders for the adoption, installation, use and maintenance of devices,
safeguards and other means of protection, and of methods, processes and
work practices, including, but not limited to, work practices
qualifications for equipment, materials and activities requiring special
competence, to be as nearly uniform as possible, as may be necessary to
carry out all laws relative to the protection of the life, safety and
health of employees.
(c) Fix and order reasonable standards for the construction, repair
and maintenance of places of employment and equipment that will render
them safe and healthful.
(d) Fix standards for routine, periodic or area inspections of
places of employment that are reasonably necessary in order to determine
compliance with all occupational safety and health laws and the
regulations, rules and standards adopted under occupational safety and
health laws. Except for complaint inspections, follow-up inspections,
imminent danger inspections, referral inspections and inspections to
determine the cause of an occupational death, injury or illness, all
inspections shall be based on written neutral administrative standards.
The standards shall include a prioritized scheduling system for
inspections that predominantly focuses enforcement activities upon places
of employment that the director reasonably believes to be the most
unsafe. The standards shall be accessible to employers under ORS 192.410
to 192.505 for at least 36 months from the last date the standards are in
effect. The director shall notify in writing each employer whose place of
employment is rated by the director as one of the most unsafe places of
employment in the state of the increased likelihood of inspection of the
employer's place of employment and of the availability of consultative
services. The director may by rule offer incentives to employers that
elect consultative services before an inspection is conducted. Nothing in
this paragraph prevents the director from conducting a random inspection
of a place of employment as long as the inspection is scheduled and
conducted pursuant to written neutral administrative standards.
(e) Require the performance of any other act that the protection of
the life, safety and health of employees in employments and places of
employment may demand.
(2) The director may not require the use of fall protection by
workers engaged in steel erection at heights lower than the heights at
which fall protection relating to steel erection is required by federal
regulation. [Amended by 1973 c.833 §11; 1987 c.884 §9; 1999 c.1017 §2;
2003 c.595 §1; 2005 c.27 §1]Note: The amendments to 654.035 by section 2, chapter 595, Oregon
Laws 2003, become operative January 1, 2008. See section 3, chapter 595,
Oregon Laws 2003. The text that is operative on and after January 1,
2008, including amendments by section 2, chapter 27, Oregon Laws 2005, is
set forth for the user's convenience.
654.035. The Director of the Department of Consumer and Business
Services may, by general or special orders, or by regulations, rules,
codes or otherwise:
(1) Declare and prescribe what devices, safeguards or other means
of protection and what methods, processes or work practices are well
adapted to render every employment and place of employment safe and
healthful.'
(2) Fix reasonable standards and prescribe and enforce reasonable
orders for the adoption, installation, use and maintenance of devices,
safeguards and other means of protection, and of methods, processes and
work practices, including, but not limited to, work practices
qualifications for equipment, materials and activities requiring special
competence, to be as nearly uniform as possible, as may be necessary to
carry out all laws relative to the protection of the life, safety and
health of employees.
(3) Fix and order reasonable standards for the construction, repair
and maintenance of places of employment and equipment that will render
them safe and healthful.
(4) Fix standards for routine, periodic or area inspections of
places of employment that are reasonably necessary in order to determine
compliance with all occupational safety and health laws and the
regulations, rules and standards adopted under occupational safety and
health laws. Except for complaint inspections, follow-up inspections,
imminent danger inspections, referral inspections and inspections to
determine the cause of an occupational death, injury or illness, all
inspections shall be based on written neutral administrative standards.
The standards shall include a prioritized scheduling system for
inspections that predominantly focuses enforcement activities upon places
of employment that the director reasonably believes to be the most
unsafe. The standards shall be accessible to employers under ORS 192.410
to 192.505 for at least 36 months from the last date the standards are in
effect. The director shall notify in writing each employer whose place of
employment is rated by the director as one of the most unsafe places of
employment in the state of the increased likelihood of inspection of the
employer's place of employment and of the availability of consultative
services. The director may by rule offer incentives to employers that
elect consultative services before an inspection is conducted. Nothing in
this subsection prevents the director from conducting a random inspection
of a place of employment as long as the inspection is scheduled and
conducted pursuant to written neutral administrative standards.
(5) Require the performance of any other act that the protection of
the life, safety and health of employees in employments and places of
employment may demand.(1) Any employer may apply to the Director of the
Department of Consumer and Business Services, pursuant to regulations and
procedures adopted by the director, for an order granting the employer a
variance from a particular safety or health regulation, rule or standard.
(2) The director may grant a temporary variance only if the
employer demonstrates by a preponderance of the evidence that:
(a) The employer is unable to comply with a new regulation, rule or
standard by its effective date;
(b) The employer has an effective program for complying with the
law as quickly as practicable; and
(c) The employer is taking all available steps in the interim to
safeguard the employees of the employer against the hazards covered by
the regulation, rule or standard.
(3) The director may grant a permanent variance only if the
employer demonstrates by a preponderance of the evidence that the
conditions, practices, means, methods, operations or processes used or
proposed to be used by the employer will provide employment and a place
of employment which are as safe and healthful as those which would
prevail if the employer complied with the regulation, rule or standard.
(4) Where the director proposes to deny a request for a variance,
the employer shall be given an opportunity for a hearing before the
Workers' Compensation Board in which the employer may contest the
proposed denial.
(5) Where the director proposes to grant a variance, the affected
employees shall be given an opportunity for a hearing before the board in
which they may contest the proposed variance.
(6) A request for a variance which is filed after an inspection or
investigation by the director will not act to stay or dismiss any
citation which may result from such inspection or investigation, and an
order granting the requested variance shall have no retroactive effect.
(7) An order granting a variance may be modified or revoked by the
director upon the director's own motion or upon the application of the
employer or an affected employee or representative of the employee, in
the manner prescribed for its issuance at any time after six months from
its issuance. [1973 c.833 §13 (enacted in lieu of 654.055); 1977 c.804
§37](1)
Every employee should notify the employer of any violation of law,
regulation or standard pertaining to safety and health in the place of
employment when the violation comes to the knowledge of the employee.
(2) However, any employee or representative of the employee may
complain to the Director of the Department of Consumer and Business
Services or any authorized representatives of the director of any
violation of law, regulation or standard pertaining to safety and health
in the place of employment, whether or not the employee also notifies the
employer.
(3) Upon receiving any employee complaint, the director shall make
inquiries, inspections and investigations that the director considers
reasonable and appropriate. When an employee or representative of the
employee has complained in writing of an alleged violation and no
resulting citation is issued to the employer, the director shall furnish
to the employee or representative of the employee, upon written request,
a statement of reasons for the decision.
(4) The director shall establish procedures for keeping
confidential the identity of any employee who requests protection in
writing. When a request has been made, neither a written complaint from
an employee, or representative of the employee, nor a memorandum
containing the identity of a complainant is a public record under ORS
192.210 to 192.505 and 192.610 to 192.990.
(5) It is an unlawful employment practice for any person to bar or
discharge from employment or otherwise discriminate against any employee
or prospective employee because the employee or prospective employee has:
(a) Opposed any practice forbidden by ORS 654.001 to 654.295 and
654.750 to 654.780;
(b) Made any complaint or instituted or caused to be instituted any
proceeding under or related to ORS 654.001 to 654.295 and 654.750 to
654.780, or has testified or is about to testify in any such proceeding;
or
(c) Exercised on behalf of the employee, prospective employee or
others any right afforded by ORS 654.001 to 654.295 and 654.750 to
654.780.
(6)(a) Any employee or prospective employee alleging to have been
barred or discharged from employment or otherwise discriminated against
in compensation, or in terms, conditions or privileges of employment, in
violation of subsection (5) of this section may, within 30 days after the
employee or prospective employee has reasonable cause to believe that the
violation has occurred, file a complaint with the Commissioner of the
Bureau of Labor and Industries alleging discrimination under the
provisions of ORS 659A.820. Upon receipt of the complaint the
commissioner shall process the complaint under the procedures, policies
and remedies established by ORS chapter 659A and the policies established
by ORS 654.001 to 654.295 and 654.750 to 654.780 in the same way and to
the same extent that the complaint would be processed if the complaint
involved allegations of unlawful employment practices under ORS 659A.030
(1)(f).
(b) Within 90 days after receipt of a complaint filed under this
subsection, the commissioner shall notify the complainant of the
commissioner's determination.
(c) The affected employee or prospective employee may bring a civil
action in any circuit court of the State of Oregon against any person
alleged to have violated subsection (5) of this section. The civil action
must be commenced within one year after the employee or prospective
employee has reasonable cause to believe a violation has occurred, unless
a complaint has been timely filed under ORS 659A.820. The commissioner or
the circuit court may order all appropriate relief including rehiring or
reinstatement to the employee's former position with back pay. [Formerly
654.235; 1973 c.833 §14; 1983 c.275 §1; 1999 c.55 §3; 2001 c.621 §82;
2005 c.198 §1](1) In order to
carry out the purposes of ORS 654.001 to 654.295 and 654.750 to 654.780,
the Director of the Department of Consumer and Business Services, upon
presenting appropriate credentials to the owner, employer or agent in
charge, is authorized:
(a) To enter without delay and at reasonable times any place of
employment; and
(b) To inspect and investigate during regular working hours and at
other reasonable times, and within reasonable limits and in a reasonable
manner, any such place of employment and all pertinent conditions,
structures, machines, apparatus, devices, equipment and materials
therein, and to question privately the owner, employer, agents or
employees.
(2) No person shall give an owner, employer, agent or employee
advance notice of any inspection to be conducted under ORS 654.001 to
654.295 and 654.750 to 654.780 of any place of employment without
authority from the director.
(3) Except in the case of an emergency, or of a place of employment
open to the public, if the director is denied access to any place of
employment for the purpose of an inspection or investigation, such
inspection or investigation shall not be conducted without an inspection
warrant obtained pursuant to ORS 654.202 to 654.216, or without such
other authority as a court may grant in an appropriate civil proceeding.
Nothing contained herein, however, is intended to affect the validity of
a constitutionally authorized inspection conducted without an inspection
warrant.
(4) A representative of the employer and a representative
authorized by the employees of the employer shall be given an opportunity
to accompany the director during the inspection of any place of
employment for the purpose of aiding such inspection. When there is no
employee representative, or the employee representative is not an
employee of the employer, the director should consult with a reasonable
number of employees concerning matters of safety and health in the place
of employment.
(5) The representative of the employer may, at the employer's
option, be an attorney retained by the employer. [1973 c.833 §16 (enacted
in lieu of 654.047, 654.222 and 654.232); 1999 c.1017 §3](1) If the Director of the Department of Consumer and Business
Services or an authorized representative of the director has reason to
believe, after inspection or investigation of a place of employment, that
an employer has violated any state occupational safety or health law,
regulation, standard, rule or order, the director or the authorized
representative shall with reasonable promptness issue to such employer a
citation, and notice of proposed civil penalty, if any, to be assessed
under this chapter, and fix a reasonable time for correction of the
alleged violation.
(2) Each citation and notice required by subsection (1) of this
section shall be in writing, shall be mailed to or served upon the
employer or a registered agent of the employer, and shall contain:
(a) The date and place of the alleged violation;
(b) A plain statement of the facts upon which the citation is based;
(c) A reference to the law, regulation, rule, standard or order
relied upon;
(d) The amount, if any, of the proposed civil penalty;
(e) The time, if any, fixed for the correction of the alleged
violation;
(f) Notice of the employer's right to contest the citation, the
proposed civil penalty and the period of time fixed for correction of the
alleged violation; and
(g) Notice of any affected employee's right to contest the period
of time fixed for correction of the alleged violation.
(3) No citation or notice of proposed civil penalty may be issued
under this section after the expiration of 180 days following the start
of the inspection or investigation, but this shall not prevent the
issuance, at any time, of an order to correct that violation or the
issuance of a citation for a subsequent violation.
(4) If the director has reason to believe that an employer has
failed to correct a violation within the period of time fixed for
correction, or within the time fixed in a subsequent order granting an
extension of time to correct the violation, the director shall consider
such failure as a separate and continuing violation and shall issue a
citation and notice of proposed civil penalty, if any, to be assessed
pursuant to ORS 654.086 (1)(d).
(5) The director may prescribe procedures for the issuance of a
notice in lieu of citation to inform an employer and employees of a
minimal violation that has no direct or immediate relationship to
occupational safety or health.
(6) Each citation and notice, or copies thereof, issued under ORS
654.001 to 654.295 and 654.750 to 654.780 shall be posted by the
employer, immediately upon receipt, in a conspicuous manner in a
sufficient number of locations in the place or places of employment to
reasonably inform employees of such citation and notice.
(7) Notwithstanding any other provision of this section, the
director or authorized representative of the director shall deliver to
the operator of a farm labor camp a copy of any notice, evaluation report
or citation resulting from the inspection. [1973 c.833 §17; 1981 c.696
§4; 1999 c.72 §1; 1999 c.1017 §4](1) An
employer may contest a citation, a proposed assessment of civil penalty
and the period of time fixed for correction of a violation, or any of
these, by filing with the Department of Consumer and Business Services,
within 20 days after receipt of the citation, notice or order, a written
request for a hearing before the Workers' Compensation Board. Such a
request need not be in any particular form, but shall specify the alleged
violation that is contested and the grounds upon which the employer
considers the citation or proposed penalty or correction period unjust or
unlawful.
(2) An affected employee or representative of such employees may
contest the time fixed for correction of a violation by filing with the
department, within 20 days after the receipt by the employer of the
citation, notice or order which fixes such time for correction, a written
request for a hearing before the board. Such a request need not be in any
particular form, but shall specify the violation in question and the
grounds upon which the employee considers the correction period to be
unreasonable.
(3) A hearing on any question relating to the validity of a
citation or the proposed civil penalty to be assessed therefor shall not
be granted unless a request for hearing is filed by the employer within
the period specified in subsection (1) of this section. If a request for
hearing is not so filed, the citation and the assessment of penalty as
proposed shall be a final order of the department and shall not be
subject to review by any agency or court.
(4) A hearing relating to the reasonableness of the time prescribed
for the correction of a violation shall not be granted, except for good
cause shown, unless a request for hearing is filed within the period
specified in subsections (1) and (2) of this section. If a request for
hearing is not so filed the time fixed for correction of the violation
shall be a final order of the department and shall not be subject to
review by any agency or court.
(5) Where an employer contests, in good faith and not solely for
delay or avoidance of penalties, the period of time fixed for correction
of a nonserious violation, such period of time shall not run between the
date the request for hearing is filed and the date the order of the
department becomes final by operation of law or on appeal.
(6) Where an employer or employee contests the period of time fixed
for correction of a serious violation, any hearing on that issue shall be
conducted as soon as possible and shall take precedence over other
hearings conducted by the board under the provisions of ORS 654.001 to
654.295 and 654.750 to 654.780.
(7) Where informal disposition of a contested case is made by
stipulation, agreed settlement or a consent order, such stipulation,
settlement or order shall not be pleaded or admissible in evidence as an
admission or confession in any criminal prosecution or in any other civil
proceeding that may be instituted against the employer, except in the
case of a civil proceeding brought to enforce such stipulation,
settlement or order. [1973 c.833 §18 (enacted in lieu of 654.055); 1977
c.804 §38](1) The Director of the Department of Consumer and
Business Services, or an authorized representative of the director with
the approval of the director or, pursuant to such rules and procedures as
the director may prescribe, with the approval of the director, to
preclude exposure to a condition which, if such exposure occurred would
constitute a violation of any statute, or of any lawful regulation, rule,
standard or order affecting employee safety or health at a place of
employment, may preclude exposure by prohibiting use of the machine,
equipment, apparatus or place of employment constituting such condition.
When use is prohibited a red warning notice shall be posted in plain view
of any person likely to use the same, calling attention to the condition,
defect, lack of safeguard or unsafe or unhealthful place of employment
and the fact that further use is prohibited.
(2) No person shall use or operate any place of employment,
machine, device, apparatus or equipment, after the red warning notice
required by this section is posted, before such place of employment,
machine, device, apparatus or equipment is made safe and healthful, and
the required safeguards or safety appliances or devices are provided, and
authorization for the removal of such red warning notice has been
obtained from the director. However, nothing in this subsection prohibits
an employer from directing employees to use or operate any such place of
employment, machine, device, apparatus or equipment exclusively for the
purpose of remedying the violation as specifically designated by the
director in the red warning notice.
(3) No person shall deface, destroy or remove any red warning
notice posted pursuant to this section until authorization for the
removal of such notice has been obtained from the director. [1973 c.833
§20 (enacted in lieu of 654.050); 1975 c.102 §3; 1977 c.804 §39; 1977
c.869 §2a](1) The Director of the
Department of Consumer and Business Services or the authorized
representative of the director is hereby granted the authority to assess
civil penalties as provided by this section for violation of the
requirements of any state occupational safety or health statute or the
lawful rules, standards or orders adopted thereunder as follows:
(a) Any employer who receives a citation for a serious violation of
such requirements shall be assessed a civil penalty of not less than $50
and not more than $7,000 for each such violation.
(b) Any employer who receives a citation for a violation of such
requirements, and such violation is specifically determined not to be of
a serious nature, may be assessed a civil penalty of not more than $7,000
for each such violation.
(c) Any employer who willfully or repeatedly violates such
requirements may be assessed a civil penalty of not more than $70,000 for
each violation, but not less than $5,000 for a willful violation.
(d) Any employer who receives a citation, as provided in ORS
654.071 (4), for failure to correct a violation may be assessed a civil
penalty of not more than $7,000 for each day during which such failure or
violation continues.
(e) Any employer who knowingly makes any false statement,
representation or certification regarding the correction of a violation
shall be assessed a civil penalty of not less than $100 and not more than
$2,500.
(f) Any employer who violates any of the posting requirements, as
prescribed under the provisions of ORS 654.001 to 654.295 and 654.750 to
654.780, may be assessed a civil penalty of not more than $1,000 for each
violation.
(g) Any person who violates the provisions of ORS 654.082 (2) or
(3) shall be assessed a civil penalty of not less than $100 and not more
than $5,000 for each such violation.
(h) Notwithstanding paragraph (b) of this subsection, an employer
who substantially fails to comply with ORS 654.174 (1) shall be assessed
a civil penalty of not less than $250 and not more than $2,500 for each
such violation.
(i) Any insurer or self-insured employer who violates any provision
of ORS 654.097, or any rule or order carrying out ORS 654.097, shall be
assessed a civil penalty of not more than $2,000 for each violation or
$10,000 in the aggregate for all violations within any three-month
period. Each violation, or each day a violation continues, shall be
considered a separate offense.
(2) For the purposes of ORS 654.001 to 654.295 and 654.750 to
654.780 a serious violation exists in a place of employment if there is a
substantial probability that death or serious physical harm could result
from a condition which exists, or from one or more practices, means,
methods, operations or processes which have been adopted or are in use,
in such place of employment unless the employer did not, and could not
with the exercise of reasonable diligence, know of the presence of the
violation.
(3) When an order assessing a civil penalty becomes final by
operation of law or on appeal, unless the amount of penalty is paid
within 10 days after the order becomes final, it constitutes a judgment
and may be recorded with the county clerk in any county of this state.
The clerk shall thereupon record the name of the person incurring the
penalty and the amount of the penalty in the County Clerk Lien Record.
The penalty provided in the order so recorded shall become a lien upon
the title to any interest in property owned by the person against whom
the order is entered, and execution may be issued upon the order in the
same manner as execution upon a judgment of a court of record.
(4) Except as provided in subsection (5) of this section, civil
penalties collected under ORS 654.001 to 654.295 and 654.750 to 654.780
shall be paid into the Consumer and Business Services Fund.
(5) Civil penalties assessed under this section for a violation of
ORS 658.750 shall be credited to the Farmworker Housing Development
Account of the Oregon Housing Fund. [1973 c.833 §21 (enacted in lieu of
654.050); 1981 c.696 §5; 1983 c.696 §22; 1985 c.423 §4; 1987 c.884 §56;
1989 c.962 §20; 1991 c.676 §159; 1991 c.570 §1; 1991 c.640 §2; 1995 c.640
§1; 2001 c.310 §4]In order to carry out the
purposes of ORS 654.001 to 654.295 and 654.750 to 654.780 and encourage
voluntary compliance with occupational safety and health laws,
regulations and standards and to promote more effective workplace health
and safety programs, the Director of the Department of Consumer and
Business Services shall:
(1) Develop greater knowledge and interest in the causes and
prevention of industrial accidents, occupational diseases and related
subjects through:
(a) Research, conferences, lectures and the use of public
communications media;
(b) The collection and dissemination of accident statistics; and
(c) The publication and distribution of training and accident
prevention materials, including audio and visual aids.
(2) Appoint advisers who shall, without compensation, assist the
director in establishing standards of safety and health. The director may
adopt and incorporate in its regulations, rules and standards such safety
and health recommendations as it may receive from such advisers.
(3) Provide consultative services for employers on safety and
health matters and prescribe procedures which will permit any employer to
request a special inspection or investigation, focused on specific
problems or hazards in the place of employment of the employer or to
request assistance in developing a plan to correct such problems or
hazards, which will not directly result in a citation and civil penalty.
(4) Place emphasis, in the research, education and consultation
program, on development of a model for providing services to groups of
small employers in particular industries and their employees.
(5) Separately administer the voluntary compliance and research,
education and consultation activities described in this section and the
enforcement activities described in ORS 654.025 to 654.086. [Amended by
1965 c.285 §69h; 1973 c.833 §22; 1987 c.884 §57; 1997 c.249 §198]
(1)(a) An insurer that issues guaranty contracts to employers pursuant to
ORS chapter 656 shall furnish occupational safety and health loss control
consultative services to its insured employers in accordance with
standards established by the Director of the Department of Consumer and
Business Services.
(b) A self-insured employer shall establish and implement an
occupational safety and health loss control program in accordance with
standards established by the director.
(2) An insurer or self-insured employer may furnish any of the
services required by this section through an independent contractor.
(3) The program of an insurer for furnishing loss control
consultative services as required by this section shall be adequate to
meet the minimum standards prescribed by the director by rule from time
to time. Such services shall include the conduct of workplace surveys to
identify health and safety problems, review of employer injury records
with appropriate persons and development of plans for improvement of
employer health and safety loss records. At the time a guaranty contract
is issued and on an annual basis thereafter, the insurer shall notify its
insured employers of the loss control consultative services that the
insurer is required by rule to offer, without additional charge as
provided in this section, and shall provide a written description of the
services that the insurer does offer.
(4) The insurer shall not charge any fee in addition to the
insurance premium for safety and health loss control consultative
services.
(5) Each insurer shall make available, at the request of the
director and in the form prescribed by the director, its annual
expenditures for safety and health loss control activities for the prior
year and its budget for safety and health loss control activities for the
following year.
(6) As used in this section, "employer," "insurer" and
"self-insured employer" have the meaning for those terms provided in ORS
656.005. [Formerly 656.451]Note: 654.097 was added to and made a part of 654.001 to 654.295 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) As used in this section, unless the context requires
otherwise:
(a) "Safety and health consultation" means a voluntary review or
inspection of a facility or equipment to improve workplace safety.
"Safety and health consultation" does not include:
(A) An investigation of an occupational accident, illness or
disease; or
(B) A discussion between employees of an employer or between
employees of several employers in a multiemployer work setting.
(b) "Safety and health consultation report" means documentation of
a safety and health consultation, including recommendations and
supporting documents created by a consultant.
(2) In any inspection, investigation or administrative proceeding
under ORS 654.001 to 654.295 and 654.750 to 654.780, an employer for
which a safety and health consultation has occurred may refuse to
disclose and may prevent any other person from disclosing a safety and
health consultation report that results from the safety and health
consultation. [1999 c.584 §2]Note: 654.101 was added to and made a part of 654.001 to 654.295
and 654.750 to 654.780 by legislative action but was not added to any
smaller series therein. See Preface to Oregon Revised Statutes for
further explanation.(1) The Department of
Consumer and Business Services shall maintain, for a reasonable time,
records of all inspections, investigations, employee complaints, employer
reports, citations, hearings, proceedings and any other matters necessary
for achieving the purposes of ORS 654.001 to 654.295 and 654.750 to
654.780.
(2) Each employer shall keep records, in the manner prescribed by
the Director of the Department of Consumer and Business Services, of
work-related deaths and serious injuries and illnesses, and of such other
relevant occupational safety and health matters as are reasonably
necessary for achieving the purposes of ORS 654.001 to 654.295 and
654.750 to 654.780. Each employer shall notify the director forthwith of
the work-related death of any employee of the employer, and shall make
such other reports as the director may reasonably prescribe by rule or
order.
(3) All information reported to or otherwise obtained by the
department in connection with any matter or proceeding under ORS 654.001
to 654.295 and 654.750 to 654.780 which contains or which might reveal a
trade secret referred to in section 1905, title 18, United States Code,
shall be considered confidential for the purposes of that section, except
that such information may be disclosed to other officers or employees of
the department or other agencies concerned with carrying out their duties
under ORS 654.001 to 654.295 and 654.750 to 654.780 or when relevant in
any proceeding under ORS 654.001 to 654.295 and 654.750 to 654.780 or
under 654.991. In any such matter or proceeding the department, the other
state agency, the Administrative Law Judge, the Workers' Compensation
Board or the court shall issue such orders as may be appropriate to
protect the confidentiality of trade secrets.
(4) The director will make reports to the Secretary of Labor of the
United States in such form and containing such information as the
Secretary of Labor shall from time to time require pursuant to the
Occupational Safety and Health Act of 1970 (Public Law 91-596).
(5) Nothing contained in ORS 654.001 to 654.295 and 654.750 to
654.780 shall relieve an employer from making such reports to the
Secretary of Labor of the United States as may be required by federal
law. [1973 c.833 §23; 1977 c.804 §40] (1) The Director
of the Department of Consumer and Business Services or the Workers'
Compensation Board, or the authorized representative or designee of the
director or the board before whom testimony is to be given or produced,
in case of the refusal of any witness to attend or testify or produce any
papers as required by subpoena, may report to the circuit court in the
county in which the inquiry, investigation, hearing or other proceeding
is pending, by petition setting forth that due notice has been given of
the time and place of attendance of the witness, or the production of the
papers, and that the witness has been subpoenaed in the manner prescribed
and that the witness has failed and refused to attend or produce the
papers required by the subpoena or has refused to answer questions
propounded to the witness in the course of such proceeding, and ask an
order of the court to compel the witness to attend and testify or produce
said papers.
(2) The court, upon receiving the petition, shall enter an order
directing the witness to appear before the court at a time and place to
be fixed in such order, the time to be not more than 10 days from the
date of the order, and then and there show cause why the witness has not
attended and testified or produced the papers.
(3) A copy of the order shall be served upon the witness.
(4) If it is apparent to the court that the subpoena was regularly
issued, the court shall thereupon enter an order that the witness appear
before the director or the board or the authorized representative or
designee of the director or the board at a time and place to be fixed in
such order, and testify and produce the required papers and upon failure
to obey the order the witness shall be dealt with as for contempt of
court. [Formerly 654.030; 1979 c.839 §24](1) At the site of every construction project estimated to
cost $1 million or more the employer or owner of such place of employment
shall provide toilet facilities and facilities for maintaining personal
cleanliness for the use of employees on the construction project. Flush
toilets shall be provided and the washing facilities shall consist of
warm water, wash basins and soap. A building or a mobile, self-contained
unit may be provided for such facilities. The number, types and
maintenance of facilities shall conform to minimum standards set by the
Director of the Department of Consumer and Business Services.
(2) Subsection (1) of this section does not apply to highway
construction or maintenance projects or to electricity, water, sewer or
gas transmission facility construction or maintenance projects.
(3) The director may, by order, exempt or partially exempt,
individual or classes of construction projects from the requirements of
subsection (1) of this section when conditions are such that compliance
is impractical or impossible. [1975 c.751 §2; 1993 c.450 §1](1) A statement as to
whether or not ORS 654.150 applies at the construction site shall be
included in the contract for a construction project. If the contract
states that ORS 654.150 applies, the owner shall also include in the
contract documents a provision designating which party to the contract is
responsible for any costs that may be incurred in complying with ORS
654.150 and the rules adopted pursuant thereto.
(2) The owner of a construction site is liable to any contractor
who is an employer at the site for costs incurred by the contractor if:
(a) Representatives of the Director of the Department of Consumer
and Business Services decide that ORS 654.150 applies to the construction
project, and the contract documents did not designate which party to the
contract for the project was responsible for complying with ORS 654.150
and the rules adopted pursuant thereto; and
(b) The contractor incurs additional costs in complying with ORS
654.150.
(3) In addition to being liable for the amount of the additional
costs incurred, as provided by subsection (2) of this section, the owner
is liable for interest on the amount at the rate of one percent per month
from the date such contractor makes demand upon the owner to reimburse
the contractor for such costs until the contractor is paid. [1977 c.129
§2]No employer shall require an employee to perform
bare-handed or rubber-gloved work on a live electrical line with a
voltage of 5,000 volts or greater. [1991 c.549 §2]Note: 654.165 was added to and made a part of 654.001 to 654.295 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.Nothing in ORS 654.001 to 654.295 and
654.750 to 654.780 requires the installation of railings or guards on
exterior stairways providing access to and egress from the State Capitol
Building or the grand staircases to the chambers of the Senate and House
of Representatives in the rotunda of the State Capitol Building or any
staircase in any public monument or memorial or building of historic
significance. [1977 c.780 §2](1) Notwithstanding any other provision of the
Oregon Safe Employment Act, an employer engaged in agricultural
activities with 10 or fewer agricultural employees is exempt from
inspection or investigation under ORS 654.067 under the following
conditions:
(a) There has not been a complaint filed pursuant to ORS 654.062
or, within the preceding two-year period, an accident at the employer's
agricultural place of employment resulting in death or serious disabling
injury from violation of the Oregon Safe Employment Act or rules adopted
pursuant thereto.
(b) The employer and principal supervisors of the agricultural
employees annually attend four hours of instruction on agricultural
safety rules and procedures at a course conducted or approved by the
Director of the Department of Consumer and Business Services.
(c) The agricultural activities are inspected once every four years
by an individual acting in a safety consultant capacity, and all
violations found upon inspection are remedied within 90 days of the date
of inspection.
(2) In order to promote communication and understanding between the
director and agricultural interests, the director shall appoint an
agricultural advisory committee of seven agricultural employers, each
with 10 or fewer agricultural employees, to review and consult with the
director on the administration of the Oregon Safe Employment Act with
regard to agricultural activities. [Formerly 654.154](1) Employers of workers who are engaged
in field activities for the growing and harvesting of food crops intended
for human consumption shall provide for such workers at convenient
locations, and in accordance with such rules as the Director of the
Department of Consumer and Business Services may prescribe:
(a) Toilet facilities that are maintained in clean and sanitary
condition, of such design and construction as to provide privacy and to
prevent crop contamination and, where practicable, one toilet for each
sex.
(b) Handwashing facilities that provide clean water, soap or other
suitable cleansing agent, paper towels and a method for disposal of used
towels and wash water to avoid crop contamination.
(c) Clean, potable drinking water served in a sanitary manner,
which may include but is not limited to containers with spigots and tight
fitting lids and disposable cups sufficient in number for each worker.
(2) Every employer required to comply with subsection (1) of this
section shall keep conspicuously posted a notice describing the
requirements of that subsection and advising where complaints may be
filed. The notice must be in the English language and in the language
spoken by the majority of the employees.
(3) The director shall promulgate rules to implement subsections
(1) and (2) of this section which shall not be less protective than the
rules on those subjects that are operative on July 9, 1985. [1985 c.423
§§2,3,5]WORKPLACE SAFETY COMMITTEES (1) In order to
promote health and safety in places of employment in this state:
(a) Every public or private employer of more than 10 employees
shall establish and administer a safety committee in accordance with
rules adopted pursuant to ORS 654.182.
(b) Every public or private employer of 10 or fewer employees shall
establish and administer a safety committee in accordance with rules
adopted pursuant to ORS 654.182 if the Director of the Department of
Consumer and Business Services finds that:
(A) The employer has a lost workday cases incidence rate in the top
10 percent of all rates for employers in the same industry; or
(B) The employer is not an agricultural employer and the workers'
compensation premium classification assigned to the greatest portion of
the payroll for the employer has a premium rate in the top 25 percent of
premium rates for all classes as approved by the director pursuant to ORS
737.320 (3).
(2) In making determinations under subsection (1) of this section,
the director shall utilize the most recent departmental statistics
regarding occupational injuries and illnesses and workers' compensation
loss cost rates approved according to ORS 737.320 (3) for use in this
state. [1981 c.488 §2; 1990 c.2 §1; 1995 c.83 §1] (1) In carrying out ORS
654.176, the Director of the Department of Consumer and Business Services
shall promulgate rules which include, but are not limited to provisions:
(a) Prescribing the membership of the committees to insure equal
numbers of employees, who are volunteers or are elected by their peers,
and employer representatives and specifying the frequency of meetings.
(b) Requiring employers to make adequate written records of each
meeting and to file and maintain the records subject to inspection by the
director.
(c) Requiring employers to compensate employee representatives on
safety committees at the regular hourly wage while the employees are
engaged in safety committee training or are attending safety committee
meetings.
(d) Prescribing the duties and functions of safety committees,
which include, but are not limited to:
(A) Establishing procedures for workplace safety inspections by the
committee.
(B) Establishing procedures for investigating all safety incidents,
accidents, illnesses and deaths.
(C) Evaluating accident and illness prevention programs.
(e) Prescribing guidelines for the training of safety committee
members.
(2) An employer that is a member of a multiemployer group operating
under a collective bargaining agreement that contains provisions
regulating the formation and operation of a safety committee that meets
or exceeds the minimum requirements of this section and ORS 654.176 shall
be considered to have met the requirements of this section and ORS
654.176. [1981 c.488 §3; 1990 c.2 §2; 1991 c.746 §2](1) The Director of the
Department of Consumer and Business Services may appoint a Safe
Employment Education and Training Advisory Committee composed of seven
members: Three representing employees, three representing employers and
one representing the Department of Consumer and Business Services. The
committee shall elect its chairperson.
(2) The members of the committee shall be appointed for a term of
three years and shall serve at the pleasure of the director. Before the
expiration of the term of a member, the director shall appoint a
successor. A member is eligible for reappointment. If there is a vacancy
for any cause, the director shall make an appointment to become
immediately effective.
(3) The members shall serve without compensation, but shall be
entitled to travel expenses pursuant to ORS 292.495.
(4) The duties of the committee shall be determined by the director
and shall include, but not be limited to:
(a) Recommending to the director:
(A) Occupational Safety and Health Grant application procedures and
criteria for grant approval;
(B) Occupational Safety and Health Grant recipients; and
(C) Revocation of grants to recipients failing to comply with grant
criteria established by the director pursuant to ORS 654.191.
(b) Receiving and processing Occupational Safety and Health Grant
applications.
(5) The committee shall meet at least once every three months at a
place, day and hour determined by the committee. The committee shall also
meet at other times and places specified by a majority of the members of
the committee or the chairperson of the committee. A majority of the
members of the committee constitutes a quorum for the transaction of
business. [1989 c.857 §3] (1)
The Director of the Department of Consumer and Business Services, in
consultation with the Safe Employment Education and Training Advisory
Committee, shall establish an Occupational Safety and Health Grant
program to fund the education and training of employees in safe
employment practices and conduct and to promote the development of
employer-sponsored health and safety programs.
(2) The director shall adopt rules establishing:
(a) Grant application procedures and criteria for grant approval;
and
(b) Procedures for revocation of grants to recipients failing to
comply with grant criteria established by the director pursuant to this
section.
(3) The director, after reviewing the recommendation of the Safe
Employment Education and Training Advisory Committee, shall approve or
deny an application for an Occupational Safety and Health Grant. If the
director approves a grant under this section, the director shall set the
amount of the grant awarded to the grant recipient.
(4) The director shall monitor grant recipients for compliance with
grant criteria and procedures established by the director.
(5) The grants awarded under this section shall be funded only from
the civil penalties paid into the Consumer and Business Services Fund
under ORS 654.086. [1989 c.857 §2]When an employee incurs an injury
compensable under ORS chapter 656, the discussion or furnishing, or
failure to discuss or furnish, or failure to enforce any safety or health
provision to protect employees against work injuries, in any collective
bargaining agreement or negotiations thereon, shall not subject a labor
organization representing the injured employee to any civil liability for
the injury. [1981 c.488 §5]HAZARD COMMUNICATION AND HAZARDOUS SUBSTANCES(1) The Director of the Department of
Consumer and Business Services may by rule require employers to provide
information to employees relating to the contents of piping systems. The
rules shall include, but need not be limited to requirements for:
(a) Labeling piping systems to provide notice about hazardous
chemicals contained in the system; and
(b) Labeling a piping system that uses asbestos as a pipe
insulation material.
(2) Every employer shall post a sign in the location where notices
to employees are normally posted to inform employees that they have a
right under this section and ORS 453.317 (6) to information from the
employer regarding hazardous substances found in the place of employment.
(3) The sign required under subsection (2) of this section shall
include, but need not be limited to, the following information and shall
be substantially in the following form:
___________________________________________________________________________
___NOTICE TO EMPLOYEES
You have a right under state law to information about hazardous
substances found in your place of employment. For this information,
contact your employer.
___________________________________________________________________________
___
(4) Notwithstanding any other provision of this chapter or ORS
192.410 to 192.505, an employer may withhold the precise chemical name of
a chemical only if the employer can substantiate that:
(a) The chemical name is a trade secret with commercial value that
can be protected only by limiting disclosure; and
(b) The commercial value of the product cannot be preserved by
withholding the processes, mixture percentages or other aspects of the
production of the product instead of its chemical constituents.
(5) A trade secret designation claimed under subsection (4) of this
section may be subject to yearly review.
(6) Notwithstanding any other provision of this chapter or ORS
192.410 to 192.505, if a treating physician or health professional
concludes that the chemical identity of a hazardous chemical used in an
employer's place of employment is necessary to prescribe necessary
treatment for a patient, the employer may not require the physician or
health professional to sign a confidentiality agreement as a condition to
the release of the information by the employer, manufacturer or importer.
[1985 c.683 §§3,4,5; 1999 c.232 §2; 2005 c.825 §18]INJURED WORKERS' MEMORIAL SCHOLARSHIP (1)
There is established in the Consumer and Business Services Fund the
Workers' Memorial Scholarship Account. Only the interest earned on moneys
in the account shall be used by the Director of the Department of
Consumer and Business Services for the establishment and administration
of a scholarship program to pay education related expenses of the spouses
and children of workers who are killed or who have received a permanent
total disability award from injury on the job. A maximum of $250,000 to
carry out the provisions of this section shall be credited to the account
from civil penalties recovered pursuant to ORS 654.086.
(2) The director shall consult with the Safe Employment Education
and Training Advisory Committee established pursuant to ORS 654.189 in
determining the appropriate scholarship standard and in selecting the
recipients. [1991 c.395 §2; 1993 c.597 §1; 1999 c.1058 §1]HEALTH AND SANITATION INSPECTIONS
Magistrates authorized to issue search warrants may, upon application of
the Director of the Department of Consumer and Business Services, or any
public officer, agent or employee of the director acting in the course of
official duties, issue an inspection warrant whenever an inspection or
investigation of any place of employment is required or authorized by any
state or local statute, ordinance or regulation relating to occupational
safety or health. The inspection warrant is an order authorizing the
safety or health inspection or investigation to be conducted at a
designated place of employment. [1971 c.405 §1; 1973 c.833 §25; 1977
c.804 §41](1) An inspection warrant shall be issued only upon cause,
supported by affidavit, particularly describing the applicant's status in
applying for the warrant hereunder, the statute, ordinance or regulation
requiring or authorizing the inspection or investigation, the place of
employment to be inspected or investigated and the purpose for which the
inspection or investigation is to be made including the basis upon which
cause exists to inspect. In addition, the affidavit shall contain either
a statement that entry has been sought and refused or facts or
circumstances reasonably showing that the purposes of the inspection or
investigation might be frustrated if entry were sought without an
inspection warrant.
(2) Cause shall be deemed to exist if reasonable legislative or
administrative standards for conducting a routine, periodic or area
inspection are satisfied with respect to the particular place of
employment, or there is probable cause to believe that a condition of
nonconformity with a safety or health statute, ordinance, regulation,
rule, standard or order exists with respect to the particular place of
employment, or an investigation is reasonably believed to be necessary in
order to determine or verify the cause of an employee's death, injury or
illness. [1971 c.405 §2; 1973 c.833 §26]
(1) Before issuing an inspection warrant, the magistrate may examine
under oath the applicant and any other witness and shall be satisfied of
the existence of grounds for granting such application.
(2) If the magistrate is satisfied that cause for the inspection or
investigation exists and that the other requirements for granting the
application are satisfied, the magistrate shall issue the warrant,
particularly describing the name and title of the person or persons
authorized to execute the warrant, the place of employment to be entered
and the purpose of the inspection or investigation. The warrant shall
contain a direction that it be executed on any day of the week between
the hours of 8:00 a.m. and 6:00 p.m., or where the magistrate has
specially determined upon a showing that it cannot be effectively
executed between those hours, that it be executed at any additional or
other time of the day or night. [1971 c.405 §3; 1973 c.833 §27; 1987
c.158 §126] (1) Except as provided in
subsection (2) of this section, in executing an inspection warrant, the
person authorized to execute the warrant shall, before entry, make a
reasonable effort to present the person's credentials, authority and
purpose to an occupant or person in possession of the place of employment
designated in the warrant and show the occupant or person in possession
of the place of employment the warrant or a copy thereof upon request.
(2) In executing an inspection warrant, the person authorized to
execute the warrant need not inform anyone of the person's authority and
purpose, as prescribed in subsection (1) of this section, but may
promptly enter the designated place of employment if it is at the time
unoccupied or not in the possession of any person or at the time
reasonably believed to be in such condition.
(3) A peace officer may be requested to assist in the execution of
the inspection warrant.
(4) An inspection warrant must be executed and returned to the
magistrate by whom it was issued within 10 days from its date, unless
such magistrate before the expiration of such time, by indorsement
thereon, extends the time for five days. After the expiration of the time
prescribed by this subsection, the warrant unless executed is void. [1971
c.405 §4; 1973 c.833 §28](1) The Bureau of Labor
and Industries and any other state agency which is vested under separate
statute with the authority to make inspections of places of employment,
or to promulgate regulations, rules or standards relating to particular
areas of occupational safety and health, shall render such advice and
assistance to the Director of the Department of Consumer and Business
Services as the director may reasonably request or prescribe in order to
carry out the purposes of ORS 654.001 to 654.295 and 654.750 to 654.780.
When any state agency completes an inspection of a place of employment,
it shall promptly notify the director and the affected employer of any
condition that may violate any occupational safety or health law,
regulation, rule or standard.
(2) In addition to the inspection authority granted to the director
and the representatives and designees of the director by ORS 654.001 to
654.295 and 654.750 to 654.780, the Bureau of Labor and Industries may
inspect farm labor camps, fields and facilities prior to occupancy and as
reasonably necessary or appropriate thereafter, and shall report any
violation of occupational safety or health laws, regulations, rules or
standards to the director or the designees of the director. [1973 c.833
§32 (enacted in lieu of 654.100); 1987 c.414 §160](1) Promulgation by the Director
of the Department of Consumer and Business Services or by the Workers'
Compensation Board of regulations, rules and standards authorized by ORS
654.001 to 654.295 and 654.750 to 654.780, and any judicial review
thereof, shall be as provided in ORS chapter 183.
(2) Notwithstanding ORS 183.315 (1), the issuance of orders
pursuant to ORS 654.001 to 654.295 and 654.750 to 654.780, the conduct of
hearings in contested cases and the judicial review thereof shall be as
provided in ORS chapter 183, except that:
(a) The chairperson of the Workers' Compensation Board or the
designee of the chairperson shall employ Administrative Law Judges to
hold hearings in contested cases.
(b) The order of an Administrative Law Judge in a contested case
shall be deemed to be a final order of the board.
(c) The director shall have the same right to judicial review of
the order of an Administrative Law Judge as any person who is adversely
affected or aggrieved by such final order.
(d) Affected employees or their authorized representative shall be
accorded an opportunity to participate as parties in hearings.
(3) Administrative Law Judges shall be members in good standing of
the Oregon State Bar and possess such other qualifications as the board
may prescribe, and shall be employed in accordance with ORS 656.724.
[1973 c.833 §35 (enacted in lieu of 654.040, 654.065, 654.070, 654.075
and 654.080); 1975 c.759 §18; 1977 c.804 §43; 1999 c.876 §1] Neither
ORS 9.320 nor any provision in the Oregon Safe Employment Act shall be
construed to deny an employer the right to be represented by an attorney
or any other authorized representative designated by the employer in any
proceedings under ORS 654.001 to 654.295 and 654.750 to 654.780. [1975
c.370 §2] (1) Nothing
contained in ORS 654.001 to 654.295 and 654.750 to 654.780 shall
invalidate any existing occupational safety or health regulation, rule,
standard or order which is not clearly inconsistent with the purposes and
provisions of ORS 654.001 to 654.295 and 654.750 to 654.780.
(2) Where any part of a law, regulation, rule, standard or order is
found to be clearly inconsistent with ORS 654.001 to 654.295 and 654.750
to 654.780 and declared to be invalid, it is the intent of the
Legislative Assembly that the remaining provisions of such law,
regulation, rule, standard or order remain in effect as fully as if the
invalid part had not been adopted. [1973 c.833 §36]EMPLOYER LIABILITY LAWGenerally, all owners, contractors or subcontractors and other
persons having charge of, or responsibility for, any work involving a
risk or danger to the employees or the public shall use every device,
care and precaution that is practicable to use for the protection and
safety of life and limb, limited only by the necessity for preserving the
efficiency of the structure, machine or other apparatus or device, and
without regard to the additional cost of suitable material or safety
appliance and devices. [Amended by 1997 c.249 §199]
All owners, contractors, subcontractors, or persons whatsoever,
engaged in the construction, repairing, alteration, removal or painting
of any building, bridge, viaduct or other structure, or in the erection
or operation of any machinery, or in the manufacture, transmission and
use of electricity, or in the manufacture or use of any dangerous
appliance or substance, shall see that all places of employment are in
compliance with every applicable order, decision, direction, standard,
rule or regulation made or prescribed by the Department of Consumer and
Business Services pursuant to ORS 654.001 to 654.295 and 654.750 to
654.780. [Amended by 1975 c.148 §1; 1977 c.804 §44]The owners, contractors, subcontractors,
foremen, architects or other persons having charge of the particular
work, shall see that the requirements of ORS 654.305 to 654.336 are
complied with. The manager, superintendent,
foreman or other person in charge or control of all or part of the
construction, works or operation shall be held to be the agent of the
employer in all suits for damages for death or injury suffered by an
employee.If there is any loss of life by reason of violations of ORS
654.305 to 654.336 by any owner, contractor or subcontractor or any
person liable under ORS 654.305 to 654.336, the surviving spouse and
children and adopted children of the person so killed and, if none, then
the lineal heirs of that person and, if none, then the mother or father,
as the case may be, shall have a right of action without any limit as to
the amount of damages which may be awarded. If none of the persons
entitled to maintain such action reside within the state, the executor or
administrator of the deceased person may maintain such action for their
respective benefits and in the order above named. In all actions
brought to recover from an employer for injuries suffered by an employee,
the negligence of a fellow servant shall not be a defense where the
injury was caused or contributed to by any of the following causes:
(1) Any defect in the structure, materials, works, plant or
machinery of which the employer or the agent of the employer could have
had knowledge by the exercise of ordinary care.
(2) The neglect of any person engaged as superintendent, manager,
foreman or other person in charge or control of the works, plant,
machinery or appliances.
(3) The incompetence or negligence of any person in charge of, or
directing the particular work in which the employee was engaged at the
time of the injury or death.
(4) The incompetence or negligence of any person to whose orders
the employee was bound to conform and did conform and by reason of having
conformed thereto the injury or death resulted.
(5) The act of any fellow servant done in obedience to the rules,
instructions or orders given by the employer or any other person who has
authority to direct the doing of said act.
The provisions of ORS 31.600 to
31.620 apply to an action under ORS 654.305 to 654.336. [2001 c.865 §17]SAFETY AND HEALTH PROFESSIONALS(1) No person may purport to be:
(a) A certified industrial hygienist or use the initials CIH unless
the person holds a current certification as an industrial hygienist from
the American Board of Industrial Hygiene.
(b) An industrial hygienist in training or use the initials IHIT
unless the person holds a current designation as an industrial hygienist
in training from the American Board of Industrial Hygiene.
(c) A certified occupational health and safety technologist or use
the initials OHST unless the person holds a current certification as an
occupational health and safety technologist from the American Board of
Industrial Hygiene or the Board of Certified Safety Professionals.
(d) A certified construction health and safety technician or use
the initials CHST unless the person holds a current certification as a
construction health and safety technician from the American Board of
Industrial Hygiene or the Board of Certified Safety Professionals.
(e) A certified safety professional or use the initials CSP unless
the person holds a current designation as a certified safety professional
from the Board of Certified Safety Professionals.
(f) An associate safety professional or use the initials ASP unless
the person holds a current designation as an associate safety
professional from the Board of Certified Safety Professionals.
(2) The American Board of Industrial Hygiene, the Board of
Certified Safety Professionals or a person lawfully practicing a
profession listed in subsection (1) of this section may bring a private
cause of action in the appropriate court to recover damages up to $1,000
against any person who violates subsection (1) of this section. The court
may provide such equitable relief as it deems necessary or proper. The
court may award reasonable attorney fees to the prevailing party in an
action under this section. [1999 c.478 §1]Note: 654.400 and 654.402 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 654 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.ORS 654.400 does not prevent a person legally regulated in
this state under any other licensing provisions, rules or regulations
from engaging in the activities permitted under that designation,
certification or license provided that the person does not use the titles
or initials specified in ORS 654.400. [1999 c.478 §2]Note: See note under 654.400.REPORTS OF ACCIDENTS TO PUBLIC UTILITY COMMISSION(1) Every public utility and
telecommunications utility shall give immediate notice by telegraph,
telephone or personally, to the Public Utility Commission whenever any
accident occurs within this state upon its premises, or directly or
indirectly arises from or is connected with its maintenance or operation,
if the accident is attended by loss of human life or limb or serious
injury to person or property.
(2) The Public Utility Commission may, if the commission deems the
public interest requires it, investigate each such accident forthwith,
after giving the public utility or telecommunications utility involved
reasonable notice of the time and place of such investigation.
(3) The Public Utility Commission may adopt and amend rules and
regulations governing the form and content of reports to the commission
to enable the commission to ascertain relevant facts and circumstances
attending such accident and the causes thereof. Whenever the original
report is insufficient, in the opinion of the commission, the commission
may require the public utility or telecommunications utility to file
supplemental reports of accidents. [Amended by 1965 c.462 §2; 1987 c.447
§137; 1995 c.733 §48]
No report, or any part thereof, required by ORS 654.715, shall be open to
public inspection or be used as evidence in any action for damages in any
suit or action arising out of any matter mentioned in the report.HAZARDOUS CHEMICALS USED IN AGRICULTURE As used in this
section and ORS 654.760, 654.770 and 654.780, unless the context requires
otherwise:
(1) "Employee" means any individual, whether lawfully or unlawfully
employed, who engages to furnish services for a remuneration, financial
or otherwise, subject to the direction and control of an employer.
(2) "Employer" means any person engaged in agriculture who engages
one or more employees.
(3) "Hazardous chemical" means any chemical which is a physical or
health hazard.
(4) "Health hazard" means a chemical for which there is
statistically significant evidence, based on at least one study conducted
in accordance with established scientific principles, that acute or
chronic health effects may occur in exposed employees. The term "health
hazard" includes chemicals which are carcinogenic, toxic or highly toxic
agents, reproductive toxins, irritants, corrosives, sensitizers,
hepatotoxins, nephrotoxins, neurotoxins, agents which act on the
hematopoietic system, and agents which damage the lungs, skin, eyes or
mucous membranes.
(5) "Physical hazard" means a chemical for which there is
scientifically valid evidence that it is a combustible liquid, a
compressed gas, explosive, flammable, an organic peroxide, an oxidizer,
pyrophoric, unstable or water-reactive compound. [1987 c.832 §2]The Department of Consumer and Business Services shall adopt
rules that require employers in agriculture to:
(1) Provide adequate information to all of their employees about
hazardous chemicals in use in the workplace and to which employees may
reasonably be expected to be exposed;
(2) Provide protective safety equipment determined by rule to be
adequate; and
(3) Provide adequate training for employees mixing, loading,
applying or otherwise handling hazardous chemicals. [1987 c.832 §3; 1999
c.232 §3]The Department of Consumer and Business
Services shall develop and make available basic information for
agriculture employers to use in informing and training employees. The
information shall include, but need not be limited to, proper personal
hygiene, protective safety equipment, general safety rules, proper work
clothing, employee rights with respect to this chapter and common
symptoms of hazardous chemical exposure. The basic information shall be
developed in a variety of languages including but not limited to English,
Spanish, Russian, Thai, Japanese, Chinese, Laotian, Vietnamese, Korean
and Cambodian. [1987 c.832 §4; 2005 c.22 §460] Agriculture
employers shall give all employees a copy of the basic information
developed by the Department of Consumer and Business Services for the
purpose of informing employees pursuant to ORS 654.770. The information
shall be provided in the employee's own language if the department has
produced it in that language. The information shall be provided to
persons at the time of hire. [1987 c.832 §5; 2005 c.22 §461]PENALTIES(1) Subject to ORS 153.022, any employer who
willfully violates any provision of, or any regulation, rule, standard or
order promulgated pursuant to, ORS 654.001 to 654.295 and 654.750 to
654.780, and that violation is found to have caused or materially
contributed to the death of any employee, shall, upon conviction, be
punished by a fine of not more than $10,000 or by imprisonment for not
more than six months, or by both; except that if the conviction is for a
violation committed after a first conviction of such person, punishment
shall be by a fine of not more than $20,000 or by imprisonment for not
more than one year, or by both. For the purposes of this subsection, a
violation is willful if it is committed knowingly by an employer or
supervisory employee who, having a free will or choice, intentionally or
knowingly disobeys or recklessly disregards the requirements of a
regulation, rule, standard or order. ORS 161.085 shall apply to terms
used in this section.
(2) Any person who gives advance notice of any inspection to be
conducted under ORS 654.001 to 654.295 and 654.750 to 654.780, without
authority from the Director of the Department of Consumer and Business
Services or the designees of the director, shall, upon conviction, be
punished by a fine of not more than $1,000 or by imprisonment for not
more than six months, or by both.
(3) Whoever knowingly makes a false statement, representation, or
certification in any application, record, report, plan, or other document
filed or required to be maintained pursuant to ORS 654.001 to 654.295 and
654.750 to 654.780 shall, upon conviction, be punished by a fine of not
more than $10,000 or by imprisonment for not more than six months, or by
both.
(4) Punishment under this section does not affect or lessen the
civil liability of the offender.
[1973 c.833 §38 (enacted in lieu of 654.990); 1977 c.455 §1; 1999 c.1051
§321]
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