71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3573
 
LC 3721/HB 3573-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3573
 
      By COMMITTEE ON BUSINESS, LABOR, AND CONSUMER AFFAIRS
 
                            April 23
 
  On page 1 of the printed bill, line 2, delete the first ' and'
and after '458.620' insert ', 654.086, 658.453' and before the
period insert '; and appropriating money'.
  On page 2, after line 22, insert:
  '  { +  SECTION 4. + } ORS 654.086 is amended to read:
  ' 654.086. (1) The Director of the Department of Consumer and
Business Services or the authorized representative of the
director is hereby granted the authority to assess civil
penalties as provided by this section for violation of the
requirements of any state occupational safety or health statute
or the lawful rules, standards or orders adopted thereunder as
follows:
  ' (a) Any employer who receives a citation for a serious
violation of such requirements shall be assessed a civil penalty
of not less than $50 and not more than $7,000 for each such
violation.
  ' (b) Any employer who receives a citation for a violation of
such requirements, and such violation is specifically determined
not to be of a serious nature, may be assessed a civil penalty of
not more than $7,000 for each such violation.
  ' (c) Any employer who willfully or repeatedly violates such
requirements may be assessed a civil penalty of not more than
$70,000 for each violation, but not less than $5,000 for a
willful violation.
  ' (d) Any employer who receives a citation, as provided in ORS
654.071 (4), for failure to correct a violation may be assessed a
civil penalty of not more than $7,000 for each day during which
such failure or violation continues.
  ' (e) Any employer who knowingly makes any false statement,
representation or certification regarding the correction of a
violation shall be assessed a civil penalty of not less than $100
and not more than $2,500.
  ' (f) Any employer who violates any of the posting
requirements, as prescribed under the provisions of ORS 654.001
to 654.295 and 654.750 to 654.780, may be assessed a civil
penalty of not more than $1,000 for each violation.
  ' (g) Any person who violates the provisions of ORS 654.082 (2)
or (3) shall be assessed a civil penalty of not less than $100
and not more than $5,000 for each such violation.
  ' (h) Notwithstanding paragraph (b) of this subsection, an
employer who substantially fails to comply with ORS 654.174 (1)
shall be assessed a civil penalty of not less than $250 and not
more than $2,500 for each such violation.
  ' (i) Any insurer or self-insured employer who violates any
provision of ORS 654.097, or any rule or order carrying out ORS
654.097, shall be assessed a civil penalty of not more than
$2,000 for each violation or $10,000 in the aggregate for all
violations within any three-month period. Each violation, or each
day a violation continues, shall be considered a separate
offense.
  ' (2) For the purposes of ORS 654.001 to 654.295 and 654.750 to
654.780 a serious violation exists in a place of employment if
there is a substantial probability that death or serious physical
harm could result from a condition which exists, or from one or
more practices, means, methods, operations or processes which
have been adopted or are in use, in such place of employment
unless the employer did not, and could not with the exercise of
reasonable diligence, know of the presence of the violation.
  ' (3) When an order assessing a civil penalty becomes final by
operation of law or on appeal, unless the amount of penalty is
paid within 10 days after the order becomes final, it constitutes
a judgment and may be recorded with the county clerk in any
county of this state. The clerk shall thereupon record the name
of the person incurring the penalty and the amount of the penalty
in the County Clerk Lien Record. The penalty provided in the
order so recorded shall become a lien upon the title to any
interest in property owned by the person against whom the order
is entered, and execution may be issued upon the order in the
same manner as execution upon a judgment of a court of record.
  ' (4)  { + Except as provided in subsection (5) of this
section, + } civil penalties collected under ORS 654.001 to
654.295 and 654.750 to 654.780 shall be paid into the Consumer
and Business Services Fund.
   { +  ' (5) Civil penalties assessed under this section for a
violation of ORS 658.750 shall be credited to the Farmworker
Housing Development Account of the Oregon Housing Fund. + }
  '  { +  SECTION 5. + } ORS 658.453 is amended to read:
  ' 658.453. (1) In addition to any other penalty provided by
law, the Commissioner of the Bureau of Labor and Industries may
assess a civil penalty not to exceed $2,000 for each violation
by:
  ' (a) A farm labor contractor who, without the license required
by ORS 658.405 to 658.503, recruits, solicits, supplies or
employs a worker.
  ' (b) A farm labor contractor who fails to comply with ORS
658.415 (15).
  ' (c) A farm labor contractor who fails to comply with ORS
658.440 (1), (2)(c) or (3).
  ' (d) Any person who violates ORS 658.452.
  ' (e) A farm labor contractor who fails to comply with ORS
658.417 (1), (3) or (4).
  ' (f) Any person who uses an unlicensed farm labor contractor
without complying with ORS 658.437.
  ' (2) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
  ' (3) All penalties recovered under this section shall be paid
into the State Treasury and credited to the   { - Housing
Development Account of the Housing and Community Services
Department for the purpose of providing technical assistance for
development of farmworker housing - }  { +  Farmworker Housing
Development Account of the Oregon Housing Fund + }.
  ' (4) After filing a complaint with the Commissioner of the
Bureau of Labor and Industries, in addition to any other penalty
provided by law, a worker has a right of action against a farm
labor contractor who violates subsection (1)(c), (d) or (e) of
this section or ORS 658.440 (2)(a) or (b) without exhausting any
alternative administrative remedies.   { - No such - }  { +
The + } action may  { + not + } be commenced later than two years
after the date of the violation giving rise to the right of
action. The amount of damages recoverable for each violation
under this subsection is actual damages or $1,000, whichever
amount is greater. In any such action the court may award to the
prevailing party, in addition to costs and disbursements,
reasonable attorney fees at trial and appeal.'.
  In line 23, delete '4' and insert '6'.
 
  In line 30, after '658.850' insert 'for violations of ORS
658.750'.
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