2007 Oregon Code - Chapter 654 :: Chapter 654 - Occupational Safety and Health
Chapter 654 —
Occupational Safety and Health
2007 EDITION
OCCUPATIONAL SAFETY AND HEALTH
LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION
SAFETY AND HEALTH CONDITIONS IN PLACES OF
EMPLOYMENT
654.001Â Â Â Â Short
title
654.003Â Â Â Â Purpose
654.005Â Â Â Â Definitions
654.010Â Â Â Â Employers
to furnish safe place of employment
654.015Â Â Â Â Unsafe
or unhealthy place of employment prohibited
654.020Â Â Â Â Interference
with safety devices or methods prohibited; civil penalty
654.022Â Â Â Â Duty
to comply with safety and health orders, decisions and rules
654.025Â Â Â Â Jurisdiction
and supervision of WorkersÂ’ Compensation Board, director and other state
agencies over employment and places of employment; rules
654.031Â Â Â Â Citation
and order to correct unsafe or unhealthy conditions
654.035Â Â Â Â Scope
of rules and orders
654.056Â Â Â Â Variance
from safety or health standards; effect of variance on citations
654.062Â Â Â Â Notice
of violation to employer by worker; complaint by worker to director;
inspection; protection of complaining employees
654.067Â Â Â Â Inspection
of places of employment; denial of access; warrants; safety and health
consultation with employees
654.071Â Â Â Â Citation
for safety or health standard violations; effect of failure to correct
violation; posting of citations and notices by employer
654.078Â Â Â Â Contesting
violations; hearing; admissibility in criminal or civil proceedings of
stipulations involving violations
654.082Â Â Â Â Prohibiting
use of equipment involved in violation; red warning notice
654.086Â Â Â Â Civil
penalty for violations; classification of violations; payment and disposition
of penalty moneys
654.090Â Â Â Â Occupational
safety and health activities; voluntary compliance; rules; consultative
services
654.097Â Â Â Â Consultative
services required; program standards; rules
654.101Â Â Â Â Voluntary
safety and health consultation; refusal to disclose report
654.120Â Â Â Â Records
of proceedings; confidentiality of certain information; federal reporting
requirements; rules
654.130Â Â Â Â Proceedings
against unwilling witnesses
654.150Â Â Â Â Sanitary
facilities at construction projects; standards; exemptions
654.160Â Â Â Â Applicability
of ORS 654.150 to be included in construction contracts; liability for cost of
compliance
654.165Â Â Â Â Employees
not required to work bare-handed or rubber-gloved on high voltage lines
654.170Â Â Â Â Stairway
railings and guards not required for certain public and historic buildings
654.172Â Â Â Â Exemption
from inspection or investigation for certain agricultural activities
654.174Â Â Â Â Sanitation
facilities for workers harvesting food crops; employer to post notice; rules
WORKPLACE SAFETY COMMITTEES
654.176Â Â Â Â Safety
committee or safety meeting required
654.182Â Â Â Â Rules
for ORS 654.176; contents
654.189Â Â Â Â Safe
Employment Education and Training Advisory Committee; members; terms; expenses;
duties; meetings
654.191Â Â Â Â Occupational
Safety and Health Grant program; rules
654.192Â Â Â Â Labor
organization not liable for injury resulting from absence of safety or health
provision
HAZARD COMMUNICATION AND HAZARDOUS SUBSTANCES
654.196Â Â Â Â Rules
on contents of piping systems; posting notice on right to be informed of hazardous
substances; withholding of information under certain circumstances
INJURED WORKERSÂ’ MEMORIAL SCHOLARSHIP
654.200Â Â Â Â Scholarship
account; use; standards for eligibility
HEALTH AND SANITATION INSPECTIONS
654.202Â Â Â Â Issuance
of warrants for safety and health inspections
654.206Â Â Â Â Grounds
for issuance of inspection warrants; requirements of affidavit
654.212Â Â Â Â Procedure
for issuance of inspection warrant by magistrate
654.216Â Â Â Â Execution
of inspection warrants
654.251Â Â Â Â Assistance
to director from other state agencies; inspection of farm labor camps and
facilities
654.285Â Â Â Â Admissibility
of rules and orders of department in evidence in proceedings under ORS 654.001
to 654.295, 654.412 to 654.423 and 654.750 to 654.780
654.290Â Â Â Â Applicability
of Administrative Procedures Act; Administrative Law Judge qualifications
654.293Â Â Â Â Representation
of employer by attorney permitted
654.295Â Â Â Â Application
of
EMPLOYER LIABILITY LAW
654.305Â Â Â Â Protection
and safety of persons in hazardous employment generally
654.310Â Â Â Â Places
of employment; compliance with applicable orders, rules
654.315Â Â Â Â Persons
in charge of work to see that ORS 654.305 to 654.336 are complied with
654.320Â Â Â Â Who
considered agent of owner
654.325Â Â Â Â Who
may prosecute damage action for death; damages unlimited
654.330Â Â Â Â Fellow
servant negligence as defense
654.336Â Â Â Â Comparative
negligence
SAFETY AND HEALTH PROFESSIONALS
654.400Â Â Â Â Use
of title of industrial hygienist, occupational health and safety technologist,
construction health and safety technician or safety professional; cause of
action
654.402Â Â Â Â Activities
permitted under other designation, certification or license
SAFETY OF HEALTH CARE EMPLOYEES
654.412Â Â Â Â Definitions
for ORS 654.412 to 654.423
654.414Â Â Â Â Duties
of health care employer; security and safety assessment; assault prevention
program; requirements
654.416Â Â Â Â Required
records of assaults against employees; contents; rules
654.418Â Â Â Â Protection
of employee of health care employer after assault by patient
654.421Â Â Â Â Refusal
to treat certain patients by home health care employee
654.423Â Â Â Â Use
of physical force by home health care employee in self-defense against assault
REPORTS OF ACCIDENTS TO PUBLIC UTILITY
COMMISSION
654.715Â Â Â Â Report
of accidents to Public Utility Commission; investigation; supplemental reports;
rules
654.720Â Â Â Â Public
inspection or use of reports as evidence prohibited
HAZARDOUS CHEMICALS USED IN AGRICULTURE
654.750Â Â Â Â Definitions
for ORS 654.750 to 654.780
654.760Â Â Â Â Rules
on hazardous chemicals, safety equipment and training
654.770Â Â Â Â Basic
information available to agricultural employers for employees; content;
language
654.780Â Â Â Â Providing
basic information to employees
PENALTIES
654.991Â Â Â Â Penalties
SAFETY AND HEALTH CONDITIONS IN PLACES OF
EMPLOYMENT
     654.001
Short title. ORS 654.001 to
654.295, 654.412 to 654.423, 654.750 to 654.780 and 654.991 may be cited as the
Oregon Safe Employment Act. [1973 c.833 §2]
     654.003
Purpose. 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
     654.005
Definitions. 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” includes:
     (a) 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.
     (b) Salaried, elected and appointed
officials of the state, state agencies, counties, cities, school districts and
other public corporations.
     (c) Any individual who is provided with
workersÂ’ compensation coverage as a subject worker pursuant to ORS chapter 656,
whether by operation of law or by election.
     (5) “Employer” includes:
     (a) Any person who has one or more
employees.
     (b) Any sole proprietor or member of a
partnership who elects workersÂ’ compensation coverage as a subject worker
pursuant to ORS 656.128.
     (c) Any successor or assignee of an
employer. As used in this paragraph, “successor” means a business or enterprise
that is substantially the same entity as the predecessor employer according to
criteria adopted by the department by rule.
     (6) “Owner” means 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, any
organized group of persons, the state, state agencies, counties, municipal
corporations, school districts and other public corporations or subdivisions.
     (8)(a) “Place of employment” includes:
     (A) 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
     (B) Every place where there is carried on
any process, operation or activity related, either directly or indirectly, to
an employerÂ’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.
     (b) “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 farmÂ’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; 2007 c.612 §1]
     654.010
Employers to furnish safe place of employment. 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]
     654.015
Unsafe or unhealthy place of employment prohibited. 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]
     654.020
Interference with safety devices or methods prohibited; civil penalty. (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 employerÂ’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]
     654.022
Duty to comply with safety and health orders, decisions and rules. 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, 654.412 to 654.423 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]
     654.025
Jurisdiction and supervision of WorkersÂ’ Compensation Board, director and other
state agencies over employment and places of employment; rules. (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, 654.412 to 654.423 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, 654.412 to 654.423 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, 654.412 to 654.423 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,
654.412 to 654.423 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, 654.412 to 654.423 and 654.750
to 654.780. The directorÂ’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]
     654.030 [Amended by 1973 c.833 §24; renumbered
654.130]
     654.031
Citation and order to correct unsafe or unhealthy conditions. 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]
     654.035
Scope of rules and orders.
(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
employerÂ’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 §§1,2; 2005 c.27 §§1,2; 2007 c.686 §1]
     654.040 [Repealed by 1973 c.833 §34 (654.290 enacted
in lieu of 654.040, 654.065, 654.070, 654.075 and 654.080)]
     654.045 [Amended by 1973 c.833 §10; renumbered
654.031]
     654.047 [Formerly 654.225; 1965 c.285 §82; repealed
by 1973 c.833 §15 (654.067 enacted in lieu of 654.047, 654.222 and 654.232)]
     654.050 [Amended by 1953 c.387 §2; 1957 c.436 §1;
1965 c.285 §69d; 1969 c.534 §1; 1971 c.251 §1; repealed by 1973 c.833 §19
(654.082 and 654.086 enacted in lieu of 654.050)]
     654.055 [Repealed by 1973 c.833 §12 (654.056 and
654.078 enacted in lieu of 654.055)]
     654.056
Variance from safety or health standards; effect of variance on citations. (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 WorkersÂ’ 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 directorÂ’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]
     654.060 [Amended by 1973 c.833 §8; renumbered
654.022]
     654.062
Notice of violation to employer by worker; complaint by worker to director;
inspection; protection of complaining employees. (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 may be disclosed under ORS 192.410 to
192.505.
     (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, 654.412 to 654.423 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, 654.412 to 654.423 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,
654.412 to 654.423 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 90 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, 654.412 to 654.423 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 commissionerÂ’s determination.
     (c) The affected employee or prospective
employee may bring a civil action in any circuit court of the State of
     (d) 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; 2007 c.279 §1]
     654.065 [Repealed by 1973 c.833 §34 (654.290 enacted
in lieu of 654.040, 654.065, 654.070, 654.075 and 654.080)]
     654.067
Inspection of places of employment; denial of access; warrants; safety and
health consultation with employees. (1) In order to carry out the purposes of ORS 654.001 to 654.295,
654.412 to 654.423 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, 654.412 to 654.423 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 employerÂ’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]
     654.070 [Repealed by 1973 c.833 §34 (654.290 enacted
in lieu of 654.040, 654.065, 654.070, 654.075 and 654.080)]
     654.071
Citation for safety or health standard violations; effect of failure to correct
violation; posting of citations and notices by employer. (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, 654.412 to 654.423 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]
     654.074 [1973 c.833 §17a; repealed by 1977 c.804 §55]
     654.075 [Repealed by 1973 c.833 §34 (654.290 enacted
in lieu of 654.040, 654.065, 654.070, 654.075 and 654.080)]
     654.078
Contesting violations; hearing; admissibility in criminal or civil proceedings
of stipulations involving violations. (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
30 days after receipt of the citation, notice or order, a written request for a
hearing before the WorkersÂ’ 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 30 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, 654.412 to 654.423 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; 2007
c.432 §1]
     654.080 [Repealed by 1973 c.833 §34 (654.290 enacted
in lieu of 654.040, 654.065, 654.070, 654.075 and 654.080)]
     654.082
Prohibiting use of equipment involved in violation; red warning notice. (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]
     654.085 [Amended by 1973 c.833 §33; renumbered
654.285]
     654.086
Civil penalty for violations; classification of violations; payment and disposition
of penalty moneys. (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, 654.412 to 654.423 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, 654.412 to 654.423 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 20 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,
654.412 to 654.423 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; 2007 c.432 §2]
     654.090
Occupational safety and health activities; voluntary compliance; rules; consultative
services. In order to carry
out the purposes of ORS 654.001 to 654.295, 654.412 to 654.423 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]
     654.092 [Formerly 654.255; repealed by 1965 c.285 §95]
     654.093 [Formerly 654.265; repealed by 1973 c.833 §48]
     654.094 [Formerly 654.270; repealed by 1965 c.285 §95]
     654.095 [Amended by 1965 c.285 §69e; repealed by
1973 c.833 §48]
     654.096 [Formerly 654.275; repealed by 1967 c.92 §5]
     654.097
Consultative services required; program standards; rules. (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: The amendments to 654.097 by section 21,
chapter 241, Oregon Laws 2007, become operative July 1, 2009. See section 31,
chapter 241, Oregon Laws 2007. The text that is operative on and after July 1,
2009, is set forth for the userÂ’s convenience.
     654.097. (1)(a) An insurer that provides workers’
compensation coverage 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 workersÂ’ compensation insurance policy
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.
     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.
     654.100 [Repealed by 1973 c.833 §31 (654.251 enacted
in lieu of 654.100)]
     654.101
Voluntary safety and health consultation; refusal to disclose report. (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, 654.412 to 654.423 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.
     654.105 [1957 c.156 §1; 1959 c.684 §1; repealed by
1973 c.833 §29 (654.241 enacted in lieu of 654.105 and 654.226)]
     654.110 [1957 c.156 §2; 1959 c.684 §3; repealed by
1971 c.251 §2]
     654.120
Records of proceedings; confidentiality of certain information; federal reporting
requirements; rules. (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, 654.412 to 654.423 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,
654.412 to 654.423 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, 654.412 to 654.423 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, 654.412 to 654.423
and 654.750 to 654.780 or when relevant in any proceeding under ORS 654.001 to
654.295, 654.412 to 654.423 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 WorkersÂ’ 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, 654.412 to 654.423 and 654.750 to 654.780 shall relieve an employer
from making such reports to the Secretary of Labor of the
     654.130
Proceedings against unwilling witnesses. (1) The Director of the Department of Consumer and Business Services
or the WorkersÂ’ 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]
     654.150
Sanitary facilities at construction projects; standards; exemptions. (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]
     654.154 [1995 c.163 §2; renumbered 654.172 in 2005]
     654.155 [Repealed by 1973 c.833 §48]
     654.160
Applicability of ORS 654.150 to be included in construction contracts; liability
for cost of compliance. (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]
     654.165
Employees not required to work bare-handed or rubber-gloved on high voltage
lines. 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.
     654.170
Stairway railings and guards not required for certain public and historic
buildings. Nothing in ORS
654.001 to 654.295, 654.412 to 654.423 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]
     654.172
Exemption from inspection or investigation for certain agricultural activities. (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 employerÂ’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]
     654.174
Sanitation facilities for workers harvesting food crops; employer to post
notice; rules. (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]
     654.175 [Repealed by 1969 c.534 §2]
WORKPLACE
SAFETY COMMITTEES
     654.176
Safety committee or safety meeting required. To promote health and safety in places of employment in this state,
every public or private employer shall, in accordance with rules adopted
pursuant to ORS 654.182, establish and administer a safety committee or hold
safety meetings. [1981 c.488 §2; 1990 c.2 §1; 1995 c.83 §1; 2007 c.448 §1]
     654.180 [Repealed by 1969 c.534 §2]
     654.182
Rules for ORS 654.176; contents. (1) In carrying out ORS 654.176, the Director of the Department of
Consumer and Business Services shall adopt rules that include, but are not
limited to, provisions:
     (a) Prescribing the membership of the
committees to ensure 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.
     (f) Prescribing alternate forms of safety
committees and safety meetings to meet the special needs of small employers,
agricultural employers and employers with mobile worksites.
     (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; 2007 c.448 §2]
     654.187
[1981 c.488 §4; repealed by 1991 c.746 §1]
     654.189
Safe Employment Education and Training Advisory Committee; members; terms; expenses;
duties; meetings. (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]
     654.191
Occupational Safety and Health Grant program; rules. (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]
     654.192
Labor organization not liable for injury resulting from absence of safety or
health provision. 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
     654.194 [1985 c.683 §2; repealed by 1999 c.232 §1]
     654.196
Rules on contents of piping systems; posting notice on right to be informed of
hazardous substances; withholding of information under certain circumstances. (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 employerÂ’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
WORKERSÂ’ MEMORIAL SCHOLARSHIP
     654.200
Scholarship account; use; standards for eligibility. (1) There is established in the Consumer and
Business Services Fund the WorkersÂ’ 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
     654.202
Issuance of warrants for safety and health 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]
     654.205 [Repealed by 1959 c.516 §6]
     654.206
Grounds for issuance of inspection warrants; requirements of affidavit. (1) An inspection warrant shall be issued
only upon cause, supported by affidavit, particularly describing the applicantÂ’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]
     654.210 [Repealed by 1959 c.516 §6]
     654.212
Procedure for issuance of inspection warrant by magistrate. (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]
     654.215 [Repealed by 1959 c.516 §6]
     654.216
Execution of inspection warrants. (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 personÂ’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
personÂ’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]
     654.220 [Repealed by 1959 c.516 §6]
     654.222 [1971 c.405 §5; repealed by 1973 c.833 §15
(654.067 enacted in lieu of 654.047, 654.222 and 654.232)]
     654.225 [Amended by 1959 c.516 §1; renumbered
654.047]
     654.226 [1971 c.405 §6; repealed by 1973 c.833 §29
(654.241 enacted in lieu of 654.105 and 654.226)]
     654.230 [Repealed by 1959 c.516 §6]
     654.232 [1971 c.405 §7; repealed by 1973 c.833 §15
(654.067 enacted in lieu of 654.047, 654.222 and 654.232)]
     654.235 [Amended by 1959 c.516 §2; renumbered
654.062]
     654.240 [Repealed by 1959 c.516 §6]
     654.241 [1973 c.833 §30 (enacted in lieu of 654.105
and 654.226); repealed by 1975 c.102 §4]
     654.245 [Repealed by 1959 c.516 §6]
     654.250 [Repealed by 1959 c.516 §6]
     654.251
Assistance to director from other state agencies; inspection of farm labor
camps and facilities. (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, 654.412 to 654.423 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, 654.412 to 654.423 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]
     654.255 [Amended by 1955 c.643 §1; 1957 c.492 §1;
1959 c.516 §3; renumbered 654.092]
     654.260 [Amended by 1955 c.643 §2; repealed by 1959
c.516 §6]
     654.265 [Amended by 1955 c.644 §1; renumbered
654.093]
     654.270 [Renumbered 654.094]
     654.275 [Amended by 1959 c.516 §4; renumbered
654.096]
     654.285
Admissibility of rules and orders of department in evidence in proceedings
under ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780. Except as provided in ORS 654.078 (7), every
regulation, rule, standard, finding, decision and order of the Department of
Consumer and Business Services, general or special, made and entered under the
provisions of ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780
and which has become final by operation of law or on appeal, shall be
admissible as evidence in any hearing, civil proceeding or criminal prosecution
conducted under the provisions of this chapter and shall, in every such
hearing, proceeding or prosecution, be conclusively presumed to be reasonable
and lawful and to fix a reasonable and proper standard and requirement of
safety and health. [Formerly 654.085; 1977 c.804 §42]
     654.290
Applicability of Administrative Procedures Act; Administrative Law Judge
qualifications. (1)
Promulgation by the Director of the Department of Consumer and Business
Services or by the WorkersÂ’ Compensation Board of regulations, rules and
standards authorized by ORS 654.001 to 654.295, 654.412 to 654.423 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, 654.412 to 654.423 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]
     654.293
Representation of employer by attorney permitted. 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, 654.412 to
654.423 and 654.750 to 654.780. [1975 c.370 §2]
     654.295
Application of
     (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, 654.412 to 654.423 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 LAW
     654.305
Protection and safety of persons in hazardous employment generally. Generally, 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]
     654.310
Places of employment; compliance with applicable orders, rules. 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, 654.412 to 654.423 and 654.750 to 654.780. [Amended by 1975
c.148 §1; 1977 c.804 §44]
     654.315
Persons in charge of work to see that ORS 654.305 to 654.336 are complied with. 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.
     654.320
Who considered agent of owner.
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.
     654.325
Who may prosecute damage action for death; damages unlimited. 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.
     654.330
Fellow servant negligence as defense. 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.
     654.335 [Repealed by 2001 c.865 §19]
     654.336
Comparative negligence. 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
     654.400
Use of title of industrial hygienist, occupational health and safety
technologist, construction health and safety technician or safety professional;
cause of action. (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.
     654.402
Activities permitted under other designation, certification or license. 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.
     654.405 [Repealed by 1973 c.833 §48]
     654.410 [Repealed by 1973 c.833 §48]
SAFETY OF
HEALTH CARE EMPLOYEES
     654.412
Definitions for ORS 654.412 to 654.423. As used in ORS 654.412 to 654.423:
     (1) “Assault” means intentionally,
knowingly or recklessly causing physical injury.
     (2) “Health care employer” means:
     (a) An ambulatory surgical center as
defined in ORS 442.015.
     (b) A hospital as defined in ORS 442.015.
     (3) “Home health care services” means
items or services furnished to a patient by an employee of a health care
employer in a place of temporary or permanent residence used as the patientÂ’s
home. [2007 c.397 §2]
     654.414
Duties of health care employer; security and safety assessment; assault prevention
program; requirements. (1) A
health care employer shall:
     (a) Conduct periodic security and safety
assessments to identify existing or potential hazards for assaults committed
against employees;
     (b) Develop and implement an assault
prevention and protection program for employees based on assessments conducted
under paragraph (a) of this subsection; and
     (c) Provide assault prevention and
protection training on a regular and ongoing basis for employees.
     (2) An assessment conducted under
subsection (1)(a) of this section shall include, but need not be limited to:
     (a) A measure of the frequency of assaults
committed against employees that occur on the premises of a health care
employer or in the home of a patient receiving home health care services during
the preceding five years or for the years that records are available if fewer
than five years of records are available; and
     (b) An identification of the causes and
consequences of assaults against employees.
     (3) An assault prevention and protection
program developed and implemented by a health care employer under subsection
(1)(b) of this section shall be based on an assessment conducted under
subsection (1)(a) of this section and shall address security considerations
related to the following:
     (a) Physical attributes of the health care
setting;
     (b) Staffing plans, including security
staffing;
     (c) Personnel policies;
     (d) First aid and emergency procedures;
     (e) Procedures for reporting assaults; and
     (f) Education and training for employees.
     (4)(a) Assault prevention and protection
training required under subsection (1)(c) of this section shall address the
following topics:
     (A) General safety and personal safety
procedures;
     (B) Escalation cycles for assaultive
behaviors;
     (C) Factors that predict assaultive
behaviors;
     (D) Techniques for obtaining medical
history from a patient with assaultive behavior;
     (E) Verbal and physical techniques to
de-escalate and minimize assaultive behaviors;
     (F) Strategies for avoiding physical harm
and minimizing use of restraints;
     (G) Restraint techniques consistent with
regulatory requirements;
     (H) Self-defense, including:
     (i) The amount of physical force that is
reasonably necessary to protect the employee or a third person from assault;
and
     (ii) The use of least restrictive
procedures necessary under the circumstances, in accordance with an approved
behavior management plan, and any other methods of response approved by the
health care employer;
     (I) Procedures for documenting and
reporting incidents involving assaultive behaviors;
     (J) Programs for post-incident counseling
and follow-up;
     (K) Resources available to employees for
coping with assaults; and
     (L) The health care employer’s workplace
assault prevention and protection program.
     (b) A health care employer shall provide
assault prevention and protection training to a new employee within 90 days of
the employeeÂ’s initial hiring date.
     (c) A health care employer may use
classes, video recordings, brochures, verbal or written training or other
training that the employer determines to be appropriate, based on an employeeÂ’s
job duties, under the assault prevention and protection program developed by
the employer. [2007 c.397 §3]
     654.415 [Repealed by 1973 c.833 §48]
     654.416
Required records of assaults against employees; contents; rules. (1) A health care employer shall maintain a
record of assaults committed against employees that occur on the premises of
the health care employer or in the home of a patient receiving home health care
services. The record shall include, but need not be limited to, the following:
     (a) The name and address of the premises
on which each assault occurred;
     (b) The date, time and specific location
where the assault occurred;
     (c) The name, job title and department or
ward assignment of the employee who was assaulted;
     (d) A description of the person who
committed the assault as a patient, visitor, employee or other category;
     (e) A description of the assaultive
behavior as:
     (A) An assault with mild soreness, surface
abrasions, scratches or small bruises;
     (B) An assault with major soreness, cuts
or large bruises;
     (C) An assault with severe lacerations, a
bone fracture or a head injury; or
     (D) An assault with loss of limb or death;
     (f) An identification of the physical
injury;
     (g) A description of any weapon used;
     (h) The number of employees in the
immediate area of the assault when it occurred; and
     (i) A description of actions taken by the
employees and the health care employer in response to the assault.
     (2) A health care employer shall maintain
the record of assaults described in subsection (1) of this section for no fewer
than five years following a reported assault.
     (3) The Director of the Department of
Consumer and Business Services shall adopt by rule a common recording form for
the purposes of this section. [2007 c.397 §4]
     654.418
Protection of employee of health care employer after assault by patient. If a health care employer directs an
employee who has been assaulted by a patient on the premises of the health care
employer to provide further treatment to the patient, the employee may request
that a second employee accompany the employee when treating the patient. If the
health care employer declines the employeeÂ’s request, the health care employer
may not require the employee to treat the patient. [2007 c.397 §5]
     654.420 [Repealed by 1973 c.833 §48]
     654.421
Refusal to treat certain patients by home health care employee. (1) An employee who provides home health
care services may refuse to treat a patient unless accompanied by a second
employee if, based on the patientÂ’s past behavior or physical or mental
condition, the employee believes that the patient may assault the employee.
     (2) An employee who provides home health
care services may refuse to treat a patient unless the employee is equipped
with a communication device that allows the employee to transmit one-way or
two-way messages indicating that the employee is being assaulted. [2007 c.397 §6]
     654.423
Use of physical force by home health care employee in self-defense against
assault. (1) A health care
employer may not impose sanctions against an employee who used physical force
in self-defense against an assault if the health care employer finds that the
employee:
     (a) Was acting in self-defense in response
to the use or imminent use of physical force;
     (b) Used an amount of physical force that
was reasonably necessary to protect the employee or a third person from
assault; and
     (c) Used the least restrictive procedures
necessary under the circumstances, in accordance with an approved behavior
management plan, or other methods of response approved by the health care
employer.
     (2) As used in this section, “self-defense”
means the use of physical force upon another person in self-defense or to
defend a third person. [2007 c.397 §7]
     Note: Sections 8 and 10, chapter 397, Oregon Laws
2007, provide:
     Sec.
8. A health care employer
that is required to conduct a periodic security and safety assessment under
section 3 of this 2007 Act [654.414] shall conduct its first assessment no
later than April 1, 2008. [2007 c.397 §8]
     Sec.
10. (1) No later than January
31, 2009, each health care employer shall provide to the Director of the
Department of Consumer and Business Services data from the record of assaults
compiled under section 4 of this 2007 Act [654.416] for assaults occurring in
2008.
     (2) The director shall adopt rules for the
reporting of data under subsection (1) of this section. The rules:
     (a) May not require health care employers
to report the names of employees who have been assaulted or the names of
patients who have committed assaults; and
     (b) Shall conform with state and federal
laws relating to confidentiality and the protection of health information.
     (3) No later than April 30, 2009, the
director shall analyze the data received under subsection (1) of this section
and report the findings to the Seventy-fifth Legislative Assembly.
     (4) Nothing in this section restricts the
directorÂ’s access to or use of information or records otherwise required or
permitted under the Oregon Safe Employment Act. [2007 c.397 §10]
     654.425 [Repealed by 1973 c.833 §48]
     654.430 [Repealed by 1973 c.833 §48]
     654.505 [Repealed by 1961 c.485 §29]
     654.510 [Amended by 1953 c.514 §5; 1957 c.201 §1;
1959 c.515 §1; repealed by 1961 c.485 §29]
     654.515 [Repealed by 1961 c.485 §29]
     654.520 [Amended by 1953 c.514 §5; repealed by 1961
c.485 §29]
     654.525 [Amended by 1959 c.657 §1; repealed by 1961
c.485 §29]
     654.530 [Amended by 1953 c.514 §5; 1957 c.201 §2;
repealed by 1961 c.485 §29]
     654.532 [1953 c.514 §5; 1957 c.201 §3; repealed by
1961 c.485 §29]
     654.535 [Amended by 1953 c.514 §5; 1957 c.201 §4;
repealed by 1961 c.485 §29]
     654.540 [Amended by 1957 c.465 §11; repealed by 1961
c.485 §29]
     654.545 [Amended by 1953 c.514 §5; repealed by 1961
c.485 §29]
     654.550 [Amended by 1953 c.514 §5; 1957 c.201 §5;
repealed by 1961 c.485 §29]
     654.605 [Repealed by 1973 c.833 §48]
     654.610 [Repealed by 1973 c.833 §48]
     654.705 [Repealed by 1967 c.150 §2]
     654.710 [Repealed by 1967 c.150 §2]
REPORTS OF
ACCIDENTS TO PUBLIC UTILITY COMMISSION
     654.715
Report of accidents to Public Utility Commission; investigation; supplemental
reports; rules. (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]
     654.720
Public inspection or use of reports as evidence prohibited. 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
     654.750
Definitions for ORS 654.750 to 654.780. 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]
     654.760
Rules on hazardous chemicals, safety equipment and training. 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]
     654.770
Basic information available to agricultural employers for employees; content;
language. 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]
     654.780
Providing basic information to employees. 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 employeeÂ’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
     654.990 [Amended by 1959 c.516 §5; 1961 c.485 §28;
1967 c.150 §1; repealed by 1973 c.833 §37 (654.991 enacted in lieu
of 654.990)]
     654.991
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, 654.412 to 654.423 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, 654.412 to 654.423
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, 654.412 to 654.423 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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