72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1396
A-Engrossed
House Bill 3010
Ordered by the Senate June 23
Including Senate Amendments dated June 23
Sponsored by Representative G SMITH
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Requires Director of Department of Consumer and Business
Services to adopt rules conforming to federal regulations
relating to steel erection. - }
{ + Prohibits Director of Department of Consumer and Business
Services from requiring fall protection at heights lower than
required by federal regulation for protection of workers engaged
in steel erection.
Sunsets January 1, 2008. + }
A BILL FOR AN ACT
Relating to steel erection; creating new provisions; and amending
ORS 654.035.
Be It Enacted by the People of the State of Oregon:
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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