72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to HB 3010
 
LC 1396/HB 3010-1
 
                      SENATE AMENDMENTS TO
                         HOUSE BILL 3010
 
                      By COMMITTEE ON RULES
 
                             June 23
 
  On page 1 of the printed bill, line 2, after the semicolon
delete the rest of the line and insert 'creating new provisions;
and amending ORS 654.035.'.
  Delete lines 4 through 31 and delete page 2 and insert:
  '  { +  SECTION 1. + } ORS 654.035 is amended to read:
  ' 654.035.  { + (1) + } The Director of the Department of
Consumer and Business Services may, by general or special orders,
or by regulations, rules, codes or otherwise:
  '  { - (1) - }   { + (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.
  '  { - (2) - }   { + (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.
  '  { - (3) - }   { + (c) + } Fix and order such reasonable
standards for the construction, repair and maintenance of places
of employment and equipment as shall render them safe and
healthful.
  '  { - (4) - }   { + (d) + } Fix standards for routine,
periodic or area inspections of places of employment that are
reasonably necessary in order to determine that all occupational
safety and health laws and the regulations, rules and standards
promulgated thereunder are being complied with. 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 accepted disabling
claims rate is above the state average for its standard
industrial classification and each employer whose industry is
rated by the director as one of the most unsafe industries in the
state of the increased likelihood of inspection of their places
of employment and of the availability of consultative services.
The director may by rule offer incentives to employers that elect
consultative services before an inspection is conducted. Nothing
in this   { - subsection - }   { + paragraph + } prevents the
director from conducting a random inspection of a place of
employment so long as the inspection is scheduled and conducted
pursuant to written neutral administrative standards.
  '  { - (5) - }   { + (e) + } Require the performance of any
other act which 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. + }
  '  { +  SECTION 2. + } ORS 654.035, as amended by section 1 of
this 2003 Act, is amended to read:
  ' 654.035.   { - (1) - }  The Director of the Department of
Consumer and Business Services may, by general or special orders,
or by regulations, rules, codes or otherwise:
  '  { +  (1) + }   { - (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.
  '  { +  (2) + }   { - (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.
  '  { +  (3) + }   { - (c) - }  Fix and order such reasonable
standards for the construction, repair and maintenance of places
of employment and equipment as shall render them safe and
healthful.
  '  { +  (4) + }   { - (d) - }  Fix standards for routine,
periodic or area inspections of places of employment that are
reasonably necessary in order to determine that all occupational
safety and health laws and the regulations, rules and standards
promulgated thereunder are being complied with. 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 accepted disabling
claims rate is above the state average for its standard
industrial classification and each employer whose industry is
rated by the director as one of the most unsafe industries in the
state of the increased likelihood of inspection of their places
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 - }   { + subsection + } prevents the
director from conducting a random inspection of a place of
employment so long as the inspection is scheduled and conducted
pursuant to written neutral administrative standards.
  '  { +  (5) + }   { - (e) - }  Require the performance of any
other act which 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. - }
 
  '  { +  SECTION 3. + }  { + The amendments to ORS 654.035 by
section 2 of this 2003 Act become operative January 1, 2008. + }
' .
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