654.025 Jurisdiction and supervision of Workers’ Compensation Board, director and other state agencies over employment and places of employment; rules

654.031 Citation and order to correct unsafe or unhealthy conditions

654.035 Scope of rules and orders

654.056 Variance from safety or health standards; effect of variance on citations

654.062 Notice of violation to employer by worker; complaint by worker to director; inspection; protection of complaining employees

654.067 Inspection of places of employment; denial of access; warrants; safety and health consultation with employees

654.071 Citation for safety or health standard violations; effect of failure to correct violation; posting of citations and notices by employer

654.078 Contesting violations; hearing; admissibility in criminal or civil proceedings of stipulations involving violations

654.082 Prohibiting use of equipment involved in violation; red warning notice

654.086 Civil penalty for violations; classification of violations; payment and disposition of penalty moneys

654.090 Occupational safety and health activities; voluntary compliance; rules; consultative services

654.097 Consultative services required; program standards; rules

654.101 Voluntary safety and health consultation; refusal to disclose report

654.120 Records of proceedings; confidentiality of certain information; federal reporting requirements; rules

654.130 Proceedings against unwilling witnesses

654.150 Sanitary facilities at construction projects; standards; exemptions

654.160 Applicability of ORS 654.150 to be included in construction contracts; liability for cost of compliance

654.165 Employees not required to work bare-handed or rubber-gloved on high voltage lines

654.170 Stairway railings and guards not required for certain public and historic buildings

654.172 Exemption from inspection or investigation for certain agricultural activities

654.174 Sanitation facilities for workers harvesting food crops; employer to post notice; rules

WORKPLACE SAFETY COMMITTEES

654.176 Safety committee or safety meeting required

654.182 Rules for ORS 654.176; contents

654.189 Safe Employment Education and Training Advisory Committee; members; terms; expenses; duties; meetings

654.191 Occupational Safety and Health Grant program; rules

654.192 Labor organization not liable for injury resulting from absence of safety or health provision

HAZARD COMMUNICATION AND HAZARDOUS SUBSTANCES

654.196 Rules on contents of piping systems; posting notice on right to be informed of hazardous substances; withholding of information under certain circumstances

INJURED WORKERS’ MEMORIAL SCHOLARSHIP

654.200 Scholarship account; use; standards for eligibility

HEALTH AND SANITATION INSPECTIONS

654.202 Issuance of warrants for safety and health inspections

654.206 Grounds for issuance of inspection warrants; requirements of affidavit

654.212 Procedure for issuance of inspection warrant by magistrate

654.216 Execution of inspection warrants

654.251 Assistance to director from other state agencies; inspection of farm labor camps and facilities

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

654.290 Applicability of Administrative Procedures Act; Administrative Law Judge qualifications

654.293 Representation of employer by attorney permitted

654.295 Application of Oregon Safe Employment Act

EMPLOYER LIABILITY LAW

654.305 Protection and safety of persons in hazardous employment generally

654.310 Places of employment; compliance with applicable orders, rules

654.315 Persons in charge of work to see that ORS 654.305 to 654.336 are complied with

654.320 Who considered agent of owner

654.325 Who may prosecute damage action for death; damages unlimited

654.330 Fellow servant negligence as defense

654.336 Comparative negligence

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

654.402 Activities permitted under other designation, certification or license

SAFETY OF HEALTH CARE EMPLOYEES

654.412 Definitions for ORS 654.412 to 654.423

654.414 Duties of health care employer; security and safety assessment; assault prevention program; requirements

654.416 Required records of assaults against employees; contents; rules

654.418 Protection of employee of health care employer after assault by patient

654.421 Refusal to treat certain patients by home health care employee

654.423 Use of physical force by home health care employee in self-defense against assault

REPORTS OF ACCIDENTS TO PUBLIC UTILITY COMMISSION

654.715 Report of accidents to Public Utility Commission; investigation; supplemental reports; rules

654.720 Public inspection or use of reports as evidence prohibited

HAZARDOUS CHEMICALS USED IN AGRICULTURE

654.750 Definitions for ORS 654.750 to 654.780

654.760 Rules on hazardous chemicals, safety equipment and training

654.770 Basic information available to agricultural employers for employees; content; language

654.780 Providing basic information to employees

PENALTIES

654.991 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 Oregon assumes fullest responsibility, in accord with the federal Occupational Safety and Health Act of 1970 (Public Law 91-596), for the development, administration and enforcement of safety and health laws and standards. [1973 c.833 §3; 1987 c.884 §55; 1999 c.1017 §1]

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 workers’ 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 workers’ 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 employer’s industry, trade, business or occupation, including a labor camp, wherever located, provided by an employer for employees or by another person engaged in providing living quarters or shelters for employees.

(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 farm’s family members, including parents, spouses, sisters, brothers, daughters, sons, daughters-in-law, sons-in-law, nieces, nephews or grandchildren. [Amended by 1973 c.833 §4; 1975 c.102 §2; 1977 c.804 §34; 1987 c.373 §30; 1993 c.744 §17; 1999 c.433 §1; 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 employer’s violation of the provisions of subsection (1) of this section, the employer shall be assessed a civil penalty under ORS 654.086 (1)(c).

(3) If removal or the rendering inoperative of a safety device or safeguard is necessary for repair or maintenance work, injuries sustained while the repair or maintenance work is being performed are exempted from this section. [Amended by 1973 c.833 §7; 1977 c.869 §1]

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 Workers’ 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 director’s authority under this section shall include but is not limited to:

(a) Designating by order or rule any named state employee or category of state employees who shall have authority to exercise any of the duties and powers imposed upon the director by law and whose act as authorized by the order or rule shall be considered to be an official act of the director. The director may designate local government employees with public health administration or enforcement duties to exercise duties and powers imposed upon the director with respect to ORS 654.174 (1) and (2).

(b) Instituting any legal or equitable proceeding which would assist in the enforcement of any state occupational safety or health law or any regulation, rule, standard or order promulgated thereunder, including but not limited to seeking injunctive relief to enjoin an employer from operating the place of employment until the employer has complied with the provisions of such law, regulation, rule, standard or order. Upon the filing of a suit for an injunction by the director, the court shall set a day for hearing and shall cause notice thereof to be served upon the employer. The hearing shall be not less than five nor more than 15 days from the service of such notice. [Amended by 1973 c.833 §9; 1977 c.804 §36; 1979 c.839 §23; 1985 c.423 §6]

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 employer’s place of employment and of the availability of consultative services. The director may by rule offer incentives to employers that elect consultative services before an inspection is conducted. Nothing in this paragraph prevents the director from conducting a random inspection of a place of employment as long as the inspection is scheduled and conducted pursuant to written neutral administrative standards.

(e) Require the performance of any other act that the protection of the life, safety and health of employees in employments and places of employment may demand.

(2) The director may not require the use of fall protection by workers engaged in steel erection at heights lower than the heights at which fall protection relating to steel erection is required by federal regulation. [Amended by 1973 c.833 §11; 1987 c.884 §9; 1999 c.1017 §2; 2003 c.595 §§1,2; 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 Workers’ Compensation Board in which the employer may contest the proposed denial.

(5) Where the director proposes to grant a variance, the affected employees shall be given an opportunity for a hearing before the board in which they may contest the proposed variance.

(6) A request for a variance which is filed after an inspection or investigation by the director will not act to stay or dismiss any citation which may result from such inspection or investigation, and an order granting the requested variance shall have no retroactive effect.

(7) An order granting a variance may be modified or revoked by the director upon the director’s own motion or upon the application of the employer or an affected employee or representative of the employee, in the manner prescribed for its issuance at any time after six months from its issuance. [1973 c.833 §13 (enacted in lieu of 654.055); 1977 c.804 §37]

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 commissioner’s determination.

(c) The affected employee or prospective employee may bring a civil action in any circuit court of the State of Oregon against any person alleged to have violated subsection (5) of this section. The civil action must be commenced within one year after the employee or prospective employee has reasonable cause to believe a violation has occurred, unless a complaint has been timely filed under ORS 659A.820.

(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 employer’s option, be an attorney retained by the employer. [1973 c.833 §16 (enacted in lieu of 654.047, 654.222 and 654.232); 1999 c.1017 §3]

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;

(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 Workers’ Compensation Board. Such a request need not be in any particular form, but shall specify the alleged violation that is contested and the grounds upon which the employer considers the citation or proposed penalty or correction period unjust or unlawful.

(2) An affected employee or representative of such employees may contest the time fixed for correction of a violation by filing with the department, within 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 Direc

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Oregon Chapter 654

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