2007 Oregon Code - Chapter 651 :: TITLE 51
TITLE 51
LABOR AND
EMPLOYMENT; UNLAWFUL DISCRIMINATION
Chapter 651. Bureau of Labor and Industries
652. Hours; Wages; Wage Claims; Records
653. Minimum Wages; Employment Conditions;
Minors
654. Occupational Safety and Health
655. Benefits for Injured Trainees and Inmates
656. Workers Compensation
657. Unemployment Insurance
657A. Child Care
658. Employment Agencies; Farm Labor
Contractors; Farmworker Camps
659. Miscellaneous Prohibitions Relating to
Employment and Discrimination
659A. Unlawful Discrimination in Employment, Public
Accommodations and Real Property Transactions; Administrative and Civil
Enforcement
660. Apprenticeship and Training; Workforce
Development
661. Organized Labor; Union Labels
662. Labor Disputes
663. Labor Relations Generally
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Chapter 651
Bureau of Labor and Industries
2007 EDITION
BUREAU OF LABOR AND INDUSTRIES
LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION
GENERAL PROVISIONS
651.010 Definitions
BUREAU OF LABOR AND INDUSTRIES; COMMISSIONER
651.020 Bureau
of Labor and Industries
651.030 Commissioner;
election; term; qualifications
651.040 Bond
of commissioner
651.050 Duties
of commissioner
651.060 Power
to conduct investigations and issue subpoenas; enforcement; witness fees;
staff; delegation; rules; public information programs; fees
ADMINISTRATION OF LABOR LAWS GENERALLY; FUNDS
AND EXPENDITURES
651.110 Assistance
and cooperation in enforcement of Fair Labor Standards Act of 1938
651.120 Entry
and examination of workplaces
651.160 Bureau
of Labor and Industries Account
651.170 Payment
of expenses
651.185 Prevailing
Wage Education and Enforcement Account
PENALTIES
651.990 Penalties
GENERAL PROVISIONS
651.010
Definitions. 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]
BUREAU OF
LABOR AND INDUSTRIES; COMMISSIONER
651.020
Bureau of Labor and Industries.
The Bureau of Labor and Industries hereby is established as a separate
department of this state. [Amended by 1979 c.659 §2]
651.030
Commissioner; election; term; qualifications. (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]
651.040
Bond of commissioner. (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]
651.050
Duties of commissioner. 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]
651.060
Power to conduct investigations and issue subpoenas; enforcement; witness fees;
staff; delegation; rules; public information programs; fees. (1) The Commissioner of the Bureau of Labor
and Industries may conduct investigations, 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 and 651.170 and ORS chapters 652, 653, 658 and 659A and in all
contested cases scheduled for hearing by the Bureau of Labor and Industries
pursuant to ORS chapter 183 when the information sought is relevant to a lawful
investigative purpose and is reasonable in scope. The testimony shall be taken
in some suitable place in the vicinity to which testimony is applicable. The
commissioner shall adopt rules for gathering information through subpoenas or
testimony. The rules must include procedures through which a party may object
to providing information. After being served with a subpoena, if a person
refuses, without reasonable cause, to be examined, to answer any question or to
produce any document or other thing as required by the subpoena, the
commissioner may petition the circuit court in the county in which the
investigation is pending for an order directing the person to show cause why
the person has not complied with the subpoena and should not be held in
contempt. The commissioner shall serve the courts order upon the person in the
manner provided by ORCP 55 D. If the person fails to show cause for the
noncompliance, the court shall order the person to comply with the subpoena
within such time as the court shall direct and may hold the person in contempt.
(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 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
and may prescribe the duties and responsibilities of the 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 commissioners
office or of the bureau. In the absence of the commissioner, the deputy
commissioner and the other assistants whom the commissioner employs have full
authority, under the commissioners direction, to do and perform any duty that
the law requires the commissioner to perform. However, the commissioner is
responsible for all acts of the deputy commissioner and of the assistants
employed under this subsection.
(4) The commissioner may adopt such
reasonable rules as may be necessary to administer and enforce any statutes
over which the commissioner or the bureau has jurisdiction.
(5) The commissioner may conduct and
charge and collect fees for public information programs pertaining to any of
the statutes over which the commissioner or the bureau 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; 2007 c.277 §1]
ADMINISTRATION
OF LABOR LAWS GENERALLY; FUNDS AND EXPENDITURES
651.110
Assistance and cooperation in enforcement of Fair Labor Standards Act of 1938. The 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]
651.115 [1963 c.291 §1; 1967 c.56 §1; repealed by
1969 c.597 §281]
651.120
Entry and examination of workplaces. (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]
651.130 [Repealed by 1979 c.225 §5]
651.140 [Amended by 1959 c.627 §9; repealed by 1975
c.605 §33]
651.150 [Repealed by 1971 c.508 §4]
651.160
Bureau of Labor and Industries Account. (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]
651.170
Payment of expenses. 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]
651.180 [Amended by 1955 c.138 §3; 1957 c.465 §5;
1959 c.406 §32; renumbered 460.070]
651.185
Prevailing Wage Education and Enforcement Account. 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]
651.210 [Repealed by 1959 c.406 §34]
651.220 [Repealed by 1959 c.406 §34]
651.230 [Repealed by 1959 c.406 §34]
PENALTIES
651.990
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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