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 1263
House Bill 3374
Sponsored by Representative KRIEGER
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 as
introduced.
Transfers duties, functions and powers relating to occupational
safety and health from Department of Consumer and Business
Services to Bureau of Labor and Industries.
A BILL FOR AN ACT
Relating to Bureau of Labor and Industries; creating new
provisions; amending ORS 183.315, 183.530, 315.164, 315.169,
455.380, 456.585, 634.550, 654.003, 654.005, 654.022, 654.025,
654.031, 654.035, 654.056, 654.062, 654.067, 654.071, 654.078,
654.082, 654.086, 654.090, 654.097, 654.120, 654.130, 654.150,
654.154, 654.160, 654.174, 654.176, 654.182, 654.189, 654.191,
654.196, 654.200, 654.202, 654.251, 654.285, 654.290, 654.310,
654.760, 654.770, 654.780, 654.991, 656.612, 656.726, 658.705,
658.717, 658.750, 658.755, 658.780, 658.785, 658.790, 658.805
and 820.010 and section 6, chapter 1059, Oregon Laws 1999;
repealing ORS 658.825, 658.827 and 658.830; and appropriating
money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The duties, functions and powers of the
Department of Consumer and Business Services relating to
occupational safety and health are imposed upon, transferred to
and vested in the Bureau of Labor and Industries. + }
SECTION 2. { + (1) The Director of the Department of Consumer
and Business Services shall:
(a) Deliver to the Bureau of Labor and Industries all records
and property within the jurisdiction of the director that relate
to the duties, functions and powers transferred by section 1 of
this 2003 Act; and
(b) Transfer to the Bureau of Labor and Industries those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 1 of this 2003 Act.
(2) The Commissioner of the Bureau of Labor and Industries
shall take possession of the records and property, and shall take
charge of the employees and employ them in the exercise of the
duties, functions and powers transferred by section 1 of this
2003 Act, without reduction of compensation but subject to change
or termination of employment or compensation as provided by law.
(3) The Governor shall resolve any dispute between the
Department of Consumer and Business Services and the Bureau of
Labor and Industries relating to transfers of records, property
and employees under this section, and the Governor's decision is
final. + }
SECTION 3. { + (1) The unexpended balances of amounts
authorized to be expended by the Department of Consumer and
Business Services for the biennium beginning July 1, 2003, from
revenues dedicated, continuously appropriated, appropriated or
otherwise made available for the purpose of administering and
enforcing the duties, functions and powers transferred by section
1 of this 2003 Act are appropriated and transferred to and are
available for expenditure by the Bureau of Labor and Industries
for the biennium beginning July 1, 2003, for the purpose of
administering and enforcing the duties, functions and powers
transferred by section 1 of this 2003 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Department of
Consumer and Business Services remain applicable to expenditures
by the Bureau of Labor and Industries under this section. + }
SECTION 4. { + The transfer of duties, functions and powers to
the Bureau of Labor and Industries by section 1 of this 2003 Act
does not affect any action, proceeding or prosecution involving
or with respect to such duties, functions and powers begun before
and pending at the time of the transfer, except that the Bureau
of Labor and Industries is substituted for the Department of
Consumer and Business Services in the action, proceeding or
prosecution. + }
SECTION 5. { + (1) Nothing in sections 1 to 7 of this 2003
Act, the amendments to statutes by sections 8 to 62 of this 2003
Act or the repeal of ORS 658.825, 658.827 and 658.830 by section
64 of this 2003 Act relieves a person of a liability, duty or
obligation accruing under or with respect to the duties,
functions and powers transferred by section 1 of this 2003 Act.
The Bureau of Labor and Industries may undertake the collection
or enforcement of any such liability, duty or obligation.
(2) The rights and obligations of the Department of Consumer
and Business Services legally incurred under contracts, leases
and business transactions executed, entered into or begun before
the operative date of section 1 of this 2003 Act accruing under
or with respect to the duties, functions and powers transferred
by section 1 of this 2003 Act are transferred to the Bureau of
Labor and Industries. For the purpose of succession to these
rights and obligations, the Bureau of Labor and Industries is a
continuation of the Department of Consumer and Business Services
and not a new authority. + }
SECTION 6. { + Notwithstanding the transfer of duties,
functions and powers by section 1 of this 2003 Act, the rules of
the Department of Consumer and Business Services with respect to
such duties, functions or powers that are in effect on the
operative date of section 1 of this 2003 Act continue in effect
until superseded or repealed by rules of the Bureau of Labor and
Industries. References in such rules of the department to the
department or an officer or employee of the department are
considered to be references to the bureau or an officer or
employee of the bureau. + }
SECTION 7. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 1 of
this 2003 Act, reference is made to the Department of Consumer
and Business Services, or an officer or employee of the
department, whose duties, functions or powers are transferred by
section 1 of this 2003 Act, the reference is considered to be a
reference to the Bureau of Labor and Industries or an officer or
employee of the bureau who by this 2003 Act is charged with
carrying out such duties, functions and powers. + }
SECTION 8. ORS 654.003 is amended to read:
654.003. The purpose of the Oregon Safe Employment Act is to
{ - assure - } { + ensure + } 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 - } { + Commissioner of the Bureau of
Labor and Industries + } and the designees of the
{ - director - } { + commissioner + } to set reasonable,
mandatory, occupational safety and health standards for all
employments and places of employment.
(4) Provide an effective program, under the { - director - }
{ + commissioner + }, 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 - }
{ + commissioner + } 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.
SECTION 9. ORS 654.005 is amended to read:
654.005. 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 - } { + ' Bureau' means the Bureau of Labor
and Industries + }.
(3) { - ' Director' means the Director of the Department of
Consumer and Business Services - } { + ' Commissioner' means
the Commissioner of the Bureau of Labor and Industries + }.
(4) 'Employee' means 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, and includes salaried,
elected and appointed officials of the state, state agencies,
counties, cities, school districts and other public corporations,
or 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' means any person who has one or more employees,
or any sole proprietor or member of a partnership who elects
workers' compensation coverage as a subject worker pursuant to
ORS 656.128.
(6) 'Owner' means and includes 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, or any organized group of persons, and includes the
state, state agencies, counties, municipal corporations, school
districts and other public corporations or subdivisions.
(8) 'Place of employment' means and includes 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 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. '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.
SECTION 10. ORS 654.022 is amended to read:
654.022. 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 - } { + Bureau
of Labor and Industries + } in connection with the matters
specified in ORS 654.001 to 654.295 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.
SECTION 11. ORS 654.025 is amended to read:
654.025. (1) The { - Director of the Department of Consumer
and Business Services - } { + Commissioner of the Bureau of
Labor and Industries + } 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 - } { + commissioner + } 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 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 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 - } { + commissioner + } 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 - } { + commissioner + } 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 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 - } { + commissioner + } 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 - } { + commissioner + } 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 - } { + commissioner + }
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 - } { + commissioner + } shall provide for
defraying the expenses thereof.
(5) The { - director - } { + commissioner + } and the board
may do and perform all things, whether specifically designated in
ORS 654.001 to 654.295 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 and 654.750 to 654.780. The
{ - director's - } { + commissioner'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 - }
{ + commissioner + } by law and whose act as authorized by the
order or rule shall be considered to be an official act of the
{ - director - } { + commissioner + }. The { - director - }
{ + commissioner + } may designate local government employees
with public health administration or enforcement duties to
exercise duties and powers imposed upon the
{ - director - } { + commissioner + } 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 - }
{ + commissioner + }, 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.
SECTION 12. ORS 654.031 is amended to read:
654.031. Whenever the { - Director of the Department of
Consumer and Business Services - } { + Commissioner of the
Bureau of Labor and Industries + } 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 - }
{ + commissioner + } 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 - }
{ + commissioner + } 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.
SECTION 13. ORS 654.035 is amended to read:
654.035. The { - Director of the Department of Consumer and
Business Services - } { + Commissioner of the Bureau of Labor
and Industries + } may, by general or special orders, or by
regulations, rules, codes or otherwise:
(1) 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) 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) 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) 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 - } { + commissioner + } 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 - } { + commissioner + } 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 - }
{ + commissioner + } 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 - } { + commissioner + } may by rule offer
incentives to employers that elect consultative services before
an inspection is conducted. Nothing in this subsection prevents
the { - director - } { + commissioner + } 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) 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.
SECTION 14. ORS 654.056 is amended to read:
654.056. (1) Any employer may apply to the { - Director of
the Department of Consumer and Business Services - }
{ + Commissioner of the Bureau of Labor and Industries + },
pursuant to regulations and procedures adopted by the
{ - director - } { + commissioner + }, for an order granting
the employer a variance from a particular safety or health
regulation, rule or standard.
(2) The { - director - } { + commissioner + } 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 - } { + commissioner + } 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 - } { + When + } the { - director - }
{ + commissioner + } 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 - } { + When + } the { - director - }
{ + commissioner + } 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 - } { + commissioner + }
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 - } { + commissioner + } upon the
{ - director's - } { + commissioner'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.
SECTION 15. ORS 654.062 is amended to read:
654.062. (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 - } { + Commissioner of the Bureau of Labor
and Industries + } or any authorized representatives of the
{ - director - } { + commissioner + } 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 - } { + commissioner + } shall make such
inquiries, inspections and investigations as the
{ - director - } { + commissioner + } considers reasonable and
appropriate. Where an employee has complained in writing of an
alleged violation and no resulting citation is issued to the
employer, the { - director - } { + commissioner + } shall
furnish to the employee or representative of the employee, upon
written request, a statement of reasons for the decision.
(4) The { - director - } { + commissioner + } shall
establish procedures for keeping confidential the identity of any
employee who requests such protection in writing. Where such 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 shall be construed as a
public record under ORS 192.210 to 192.505 and 192.610 to
192.990.
(5)(a) 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 such
employee has opposed any practice forbidden by ORS 654.001 to
654.295 and 654.750 to 654.780, made any complaint or instituted
or caused to be instituted any proceeding under or related to ORS
654.001 to 654.295 and 654.750 to 654.780, or has testified or is
about to testify in any such proceeding, or because of the
exercise of such employee on behalf of the employee or others of
any right afforded by ORS 654.001 to 654.295 and 654.750 to
654.780.
(b) Any employee or prospective employee who believes that the
employee has been barred or discharged from employment or
otherwise discriminated against in compensation, or in terms,
conditions or privileges of employment, by any person in
violation of this subsection may, within 30 days after the
employee has reasonable cause to believe that such a violation
has occurred, file a complaint with the commissioner { - of the
Bureau of Labor and Industries - } alleging such discrimination
under the provisions of ORS 659A.820. Upon receipt of such
complaint the commissioner shall process the complaint and case
under the procedures, policies and remedies established by ORS
chapter 659A and the policies established by ORS 654.001 to
654.295 and 654.750 to 654.780 in the same way and to the same
extent that the complaint would be processed by the commissioner
if the complaint involved allegations of unlawful employment
practices based upon race, religion, color, national origin, sex
or age under ORS 659A.030 (1)(f). The affected employee shall
also have the right to bring a suit in any circuit court of the
State of Oregon against any person alleged to have violated this
subsection. The commissioner or the circuit court may order all
appropriate relief including rehiring or reinstatement of the
employee to the employee's former position with back pay.
(c) Within 90 days after the receipt of a complaint filed under
this subsection the commissioner shall notify the complainant of
the commissioner's determination under paragraph (b) of this
subsection.
SECTION 16. ORS 654.067 is amended to read:
654.067. (1) In order to carry out the purposes of ORS 654.001
to 654.295 and 654.750 to 654.780, the { - Director of the
Department of Consumer and Business Services - }
{ + Commissioner of the Bureau of Labor and Industries + }, 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 and 654.750 to 654.780 of any place of
employment without authority from the { - director - }
{ + commissioner + }.
(3) Except in the case of an emergency, or of a place of
employment open to the public, if the { - director - }
{ + commissioner + } 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 - }
{ + commissioner + } 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 - } { + commissioner + } 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.
SECTION 17. ORS 654.071 is amended to read:
654.071. (1) If the { - Director of the Department of
Consumer and Business Services - } { + Commissioner of the
Bureau of Labor and Industries + } or an authorized
representative of the { - director - } { + commissioner + }
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 - } { + commissioner + } 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 - } { + commissioner + } 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 - }
{ + commissioner + } 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 - } { + commissioner + } 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 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 - } { + commissioner + } or authorized
representative of the
{ - director - } { + commissioner + } shall deliver to the
operator of a farm labor camp a copy of any notice, evaluation
report or citation resulting from the inspection.
SECTION 18. ORS 654.078 is amended to read:
654.078. (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 - }
{ + Bureau of Labor and Industries + }, within 20 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 - } { + bureau + }, within 20
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 - } { + bureau + } 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 - } { + bureau + } 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 - } { + bureau + }
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 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.
SECTION 19. ORS 654.082 is amended to read:
654.082. (1) The { - Director of the Department of Consumer
and Business Services - } { + Commissioner of the Bureau of
Labor and Industries + }, or an authorized representative of the
{ - director - } { + commissioner + } with the approval of the
{ - director - } { + commissioner + } or, pursuant to such
rules and procedures as the { - director - }
{ + commissioner + } may prescribe, with the approval of the
{ - director - } { + commissioner + }, 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 - } { + commissioner + }. 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 - } { + commissioner + } 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 - } { + commissioner + }.
SECTION 20. ORS 654.086 is amended to read:
654.086. (1) The { - Director of the Department of Consumer
and Business Services - } { + Commissioner of the Bureau of
Labor and Industries + } or the authorized representative of the
{ - director - } { + commissioner + } 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 - } { + Bureau of Labor and Industries
Account + }.
(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 21. ORS 654.090 is amended to read:
654.090. In order to carry out the purposes of ORS 654.001 to
654.295 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 - } { + Commissioner of the Bureau of
Labor and Industries + } 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 - } { + commissioner + } in establishing
standards of safety and health. The { - director - }
{ + commissioner + } 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.
SECTION 22. ORS 654.097 is amended to read:
654.097. (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 - } { + Commissioner of the Bureau of Labor and
Industries + }.
(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 - }
{ + commissioner + }.
(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 - } { + commissioner + } 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 - } { + commissioner + } and in the form
prescribed by the
{ - director - } { + commissioner + }, 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.
SECTION 23. ORS 654.120 is amended to read:
654.120. (1) The { - Department of Consumer and Business
Services - } { + Bureau of Labor and Industries + } 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 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 - } { + Commissioner of the Bureau of Labor and
Industries + }, 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 and 654.750 to 654.780. Each
employer shall notify the { - director - }
{ + commissioner + } forthwith of the work-related death of any
employee of the employer, and shall make such other reports as
the { - director - } { + commissioner + } may reasonably
prescribe by rule or order.
(3) All information reported to or otherwise obtained by the
{ - department - } { + bureau + } in connection with any
matter or proceeding under ORS 654.001 to 654.295 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 - } { + bureau + } or other
agencies concerned with carrying out their duties under ORS
654.001 to 654.295 and 654.750 to 654.780 or when relevant in any
proceeding under ORS 654.001 to 654.295 and 654.750 to 654.780 or
under 654.991. In any such matter or proceeding the
{ - department - } { + bureau + }, the other state agency, the
Administrative Law Judge, the Workers' Compensation Board or the
court shall issue such orders as may be appropriate to protect
the confidentiality of trade secrets.
(4) The { - director - } { + commissioner + } 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 and 654.750 to
654.780 shall relieve an employer from making such reports to the
Secretary of Labor of the United States as may be required by
federal law.
SECTION 24. ORS 654.130 is amended to read:
654.130. (1) The { - Director of the Department of Consumer
and Business Services - } { + Commissioner of the Bureau of
Labor and Industries + } or the Workers' Compensation Board, or
the authorized representative or designee of the
{ - director - } { + commissioner + } 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 - }
{ + commissioner + } or the board or the authorized
representative or designee of the { - director - }
{ + commissioner + } 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.
SECTION 25. ORS 654.150 is amended to read:
654.150. (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 - } { + Commissioner of the Bureau of Labor and
Industries + }.
(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 - } { + commissioner + } 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.
SECTION 26. ORS 654.154 is amended to read:
654.154. (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 employer'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 - } { + Commissioner of the Bureau of Labor
and Industries + }.
(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 - } { + commissioner + } and agricultural
interests, the { - director - } { + commissioner + } shall
appoint an agricultural advisory committee of seven agricultural
employers, each with 10 or fewer agricultural employees, to
review and consult with the { - director - }
{ + commissioner + } on the administration of the Oregon Safe
Employment Act with regard to agricultural activities.
SECTION 27. ORS 654.160 is amended to read:
654.160. (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 - } { + Commissioner of the
Bureau of Labor and Industries + } 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.
SECTION 28. ORS 654.174 is amended to read:
654.174. (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 - } { + Commissioner of the Bureau of Labor and
Industries + } 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 - } { + commissioner + } 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.
SECTION 29. ORS 654.176 is amended to read:
654.176. (1) In order to promote health and safety in places of
employment in this state:
(a) Every public or private employer of more than 10 employees
shall establish and administer a safety committee in accordance
with rules adopted pursuant to ORS 654.182.
(b) Every public or private employer of 10 or fewer employees
shall establish and administer a safety committee in accordance
with rules adopted pursuant to ORS 654.182 if the { - Director
of the Department of Consumer and Business Services - }
{ + Commissioner of the Bureau of Labor and Industries + } finds
that:
(A) The employer has a lost workday cases incidence rate in the
top 10 percent of all rates for employers in the same industry;
or
(B) The employer is not an agricultural employer and the
workers' compensation premium classification assigned to the
greatest portion of the payroll for the employer has a premium
rate in the top 25 percent of premium rates for all classes as
approved by the { - director - } { + commissioner + }
pursuant to ORS 737.320 (3).
(2) In making determinations under subsection (1) of this
section, the { - director - } { + commissioner + } shall
utilize the most recent
{ - departmental - } { + Bureau of Labor and Industries + }
statistics regarding occupational injuries and illnesses and
workers' compensation loss cost rates approved according to ORS
737.320 (3) for use in this state.
SECTION 30. ORS 654.182 is amended to read:
654.182. (1) In carrying out ORS 654.176, the { - Director of
the Department of Consumer and Business Services - }
{ + Commissioner of the Bureau of Labor and Industries + } shall
promulgate rules which include, but are not limited to
provisions:
(a) Prescribing the membership of the committees to
{ - insure - } { + 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 - } { + commissioner + }.
(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.
(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.
SECTION 31. ORS 654.189 is amended to read:
654.189. (1) The { - Director of the Department of Consumer
and Business Services - } { + Commissioner of the Bureau of
Labor and Industries + } 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 - }
{ + Bureau of Labor and Industries + }. 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 - } { + commissioner + }. Before the expiration
of the term of a member, the { - director - }
{ + commissioner + } shall appoint a successor. A member is
eligible for reappointment. If there is a vacancy for any cause,
the { - director - } { + commissioner + } 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 - } { + commissioner + } and shall include, but
not be limited to:
(a) Recommending to the { - director - }
{ + commissioner + }:
(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 - }
{ + commissioner + } 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.
SECTION 32. ORS 654.191 is amended to read:
654.191. (1) The { - Director of the Department of Consumer
and Business Services - } { + Commissioner of the Bureau of
Labor and Industries + }, 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 - } { + commissioner + } 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 - } { + commissioner + } pursuant to this section.
(3) The { - director - } { + commissioner + }, 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 - } { + commissioner + } approves a grant under
this section, the { - director - } { + commissioner + } shall
set the amount of the grant awarded to the grant recipient.
(4) The { - director - } { + commissioner + } shall monitor
grant recipients for compliance with grant criteria and
procedures established by the { - director - }
{ + commissioner + }.
(5) The grants awarded under this section shall be funded only
from the civil penalties paid into the { - Consumer and
Business Services Fund - } { + Bureau of Labor and Industries
Account established + } under ORS { - 654.086 - }
{ + 651.160 + }.
SECTION 33. ORS 654.196 is amended to read:
654.196. (1) The { - Director of the Department of Consumer
and Business Services - } { + Commissioner of the Bureau of
Labor and Industries + } 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 (7) 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 employer'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.
SECTION 34. ORS 654.200 is amended to read:
654.200. (1) There is established in the { - Consumer and
Business Services Fund - } { + Bureau of Labor and Industries
Account + } the Workers' 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 - } { + Commissioner of the Bureau of Labor and
Industries + } 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 - } { + commissioner + } 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.
SECTION 35. ORS 654.202 is amended to read:
654.202. Magistrates authorized to issue search warrants may,
upon application of the { - Director of the Department of
Consumer and Business Services - } { + Commissioner of the
Bureau of Labor and Industries + }, or any public officer, agent
or employee of the
{ - director - } { + commissioner + } 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.
SECTION 36. ORS 654.251 is amended to read:
654.251. { - (1) The Bureau of Labor and Industries and - }
Any
{ - other - } state agency { - which - } { + that + } 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 - } { + Commissioner of the Bureau of
Labor and Industries + } as the { - director - }
{ + commissioner + } may reasonably request or prescribe in
order to carry out the purposes of ORS 654.001 to 654.295 and
654.750 to 654.780. When any state agency completes an inspection
of a place of employment, it shall promptly notify the
{ - director - } { + commissioner + } 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 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. - }
SECTION 37. ORS 654.285 is amended to read:
654.285. Except as provided in ORS 654.078 (7), every
regulation, rule, standard, finding, decision and order of the
{ - Department of Consumer and Business Services - }
{ + Bureau of Labor and Industries + }, general or special, made
and entered under the provisions of ORS 654.001 to 654.295 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.
SECTION 38. ORS 654.290 is amended to read:
654.290. (1) Promulgation by the { - Director of the
Department of Consumer and Business Services or by the Workers'
Compensation Board - } { + Commissioner of the Bureau of Labor
and Industries + } of regulations, rules and standards authorized
by ORS 654.001 to 654.295 and 654.750 to 654.780, and any
judicial review thereof, shall be as provided in ORS 183.310 to
183.550.
(2) Notwithstanding ORS 183.315 (1), the issuance of orders
pursuant to ORS 654.001 to 654.295 and 654.750 to 654.780, the
conduct of hearings in contested cases and the judicial review
thereof shall be as provided in ORS 183.310 to 183.550, 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 - } { + commissioner + } 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.
SECTION 39. ORS 654.310 is amended to read:
654.310. 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 - } { + Bureau of Labor and
Industries + } pursuant to ORS 654.001 to 654.295 and 654.750 to
654.780.
SECTION 40. ORS 654.760 is amended to read:
654.760. The { - Department of Consumer and Business
Services - } { + Bureau of Labor and Industries + } 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.
SECTION 41. ORS 654.770 is amended to read:
654.770. { - No later than March 1, 1988, the Department of
Consumer and Business Services - } { + The Bureau of Labor and
Industries + } shall develop and make available basic information
for agriculture employers to use in informing and training
employees. The information shall include, but 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.
SECTION 42. ORS 654.780 is amended to read:
654.780. Agriculture employers shall give all employees a copy
of the basic information developed by the { - Department of
Consumer and Business Services - } { + Bureau of Labor and
Industries + } for the purpose of informing employees pursuant to
ORS 654.770. The information shall be provided in the employee's
own language if the { - department - } { + bureau + } has
produced it in that language. The information shall be provided
to persons { - employed on July 18, 1987, within a reasonable
time after the information is made available by the department.
The information shall be provided to persons hired after July 18,
1987, - } at the time of hire { - or, if it has not yet been
made available by the department, within a reasonable time
thereafter - } .
SECTION 43. ORS 654.991 is amended to read:
654.991. (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 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 and 654.750 to 654.780,
without authority from the { - Director of the Department of
Consumer and Business Services - } { + Commissioner of the
Bureau of Labor and Industries + } or the designees of the
{ - director - } { + commissioner + }, 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 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.
SECTION 44. ORS 656.612 is amended to read:
656.612. (1) The Director of the Department of Consumer and
Business Services shall impose and collect assessments from all
insurers, self-insured employers and self-insured employer groups
in an amount sufficient to pay the expenses of the Department of
Consumer and Business Services under this chapter and { - ORS
chapter 654 and - } under the Insurance Code. The assessments
shall be paid in such manner and at such intervals as the
director may direct and when collected shall be deposited in the
Consumer and Business Services Fund. Such receipts in the account
are continuously appropriated to the department for the purpose
described in this subsection.
(2) The assessments shall be levied against the insurers'
direct earned premium and the direct earned premium self-insured
employers and self-insured employer groups would have paid had
they been insured employers.
(3) The director may impose and collect an additional
assessment from self-insured employer groups in an amount
sufficient to pay the additional expenses involved in
administering the group self-insured program.
(4) The director may establish a minimum assessment applicable
to all insurers, self-insured employers and self-insured employer
groups and shall establish the time, manner and method of
imposing and collecting assessments subject to applicable
budgeting and fiscal laws.
(5) The assessments required under this section shall be
developed pursuant to ORS 183.310 to 183.410 and in such a manner
that will reasonably and substantially accomplish the objective
of subsection (2) of this section at the least possible
administrative cost to everyone.
(6) Assessments developed by the department under this section
shall be reported to the Joint Legislative Committee on Ways and
Means or, during the interim between sessions of the Legislative
Assembly, to the Emergency Board.
SECTION 45. ORS 656.726 is amended to read:
656.726. (1) The Workers' Compensation Board in its name and
the Director of the Department of Consumer and Business Services
in the director's name as director may sue and be sued, and each
shall have a seal.
(2) The board hereby is charged with reviewing appealed orders
of Administrative Law Judges in controversies concerning a claim
arising under this chapter, exercising own motion jurisdiction
under this chapter and providing such policy advice as the
director may request, and providing such other review functions
as may be prescribed by law. To that end any of its members or
assistants authorized thereto by the members shall have power to:
(a) Hold sessions at any place within the state.
(b) Administer oaths.
(c) Issue and serve by the board's representatives, or by any
sheriff, subpoenas for the attendance of witnesses and the
production of papers, contracts, books, accounts, documents and
testimony before any hearing under ORS 654.001 to 654.295,
654.750 to 654.780 and this chapter.
(d) Generally provide for the taking of testimony and for the
recording of proceedings.
(3) The board chairperson is hereby charged with the
administration of and responsibility for the Hearings Division.
(4) The director hereby is charged with duties of
administration, regulation and enforcement of { - ORS 654.001
to 654.295, 654.750 to 654.780 and - } this chapter. To that end
the director may:
(a) Make and declare all rules and issue orders which are
reasonably required in the performance of the director's duties.
Unless otherwise specified by law, all reports, claims or other
documents shall be deemed timely provided to the director or
board if mailed by regular mail or delivered within the time
required by law. Notwithstanding ORS 183.310 to 183.410, if a
matter comes before the director that is not addressed by rule
and the director finds that adoption of a rule to accommodate the
matter would be inefficient, unreasonable or unnecessarily
burdensome to the public, the director may resolve the matter by
issuing an order, subject to review under ORS 183.310 to 183.550.
Such order shall not have precedential effect as to any other
situation.
(b) Hold sessions at any place within the state.
(c) Administer oaths.
(d) Issue and serve by representatives of the director, or by
any sheriff, subpoenas for the attendance of witnesses and the
production of papers, contracts, books, accounts, documents and
testimony in any inquiry, investigation, proceeding or rulemaking
hearing conducted by the director or the director's
representatives. The director may require the attendance and
testimony of employers, their officers and representatives in any
inquiry under this chapter, and the production by employers of
books, records, papers and documents without the payment or
tender of witness fees on account of such attendance.
(e) Generally provide for the taking of testimony and for the
recording of such proceedings.
(f) Provide standards for the evaluation of disabilities. The
following provisions apply to the standards:
(A) The criteria for evaluation of disabilities under ORS
656.214 (5) shall be permanent impairment due to the industrial
injury as modified by the factors of age, education and
adaptability to perform a given job.
(B) Impairment is established by a preponderance of medical
evidence based upon objective findings.
(C) When, upon reconsideration of a notice of closure pursuant
to ORS 656.268, it is found that the worker's disability is not
addressed by the standards adopted pursuant to this paragraph,
notwithstanding ORS 656.268, the director shall stay further
proceedings on the reconsideration of the claim and shall adopt
temporary rules amending the standards to accommodate the
worker's impairment. When the director adopts temporary rules
amending the standards, the director shall submit those temporary
rules to the Workers' Compensation Management-Labor Advisory
Committee for review at their next meeting.
(D) Notwithstanding any other provision of this section,
impairment is the only factor to be considered in evaluation of
the worker's disability under ORS 656.214 (5) if:
(i) The worker returns to regular work at the job held at the
time of injury;
(ii) The attending physician releases the worker to regular
work at the job held at the time of injury and the job is
available but the worker fails or refuses to return to that job;
or
(iii) The attending physician releases the worker to regular
work at the job held at the time of injury but the worker's
employment is terminated for cause unrelated to the injury.
(g) Prescribe procedural rules for and conduct hearings,
investigations and other proceedings pursuant to { - ORS
654.001 to 654.295, 654.750 to 654.780 and - } this chapter
regarding all matters other than those specifically allocated to
the board or the Hearings Division.
(h) Participate fully in any proceeding before the Hearings
Division, board or Court of Appeals in which the director
determines that the proceeding involves a matter that affects or
could affect the discharge of the director's duties of
administration, regulation and enforcement of { - ORS 654.001
to 654.295 and 654.750 to 654.780 and - } this chapter.
(5) The board may make and declare all rules which are
reasonably required in the performance of its duties, including
but not limited to rules of practice and procedure in connection
with hearing and review proceedings and exercising its authority
under ORS 656.278. The board shall adopt standards governing the
format and timing of the evidence. The standards shall be
uniformly followed by all Administrative Law Judges and
practitioners. The rules may provide for informal prehearing
conferences in order to expedite claim adjudication, amicably
dispose of controversies, if possible, narrow issues and simplify
the method of proof at hearings. The rules shall specify who may
appear with parties at prehearing conferences and hearings.
(6) The director and the board chairperson may incur such
expenses as they respectively determine are reasonably necessary
to perform their authorized functions.
(7) The director, the board chairperson and the State Accident
Insurance Fund Corporation shall have the right, not subject to
review, to contract for the exchange of, or payment for, such
services between them as will reduce the overall cost of
administering this chapter.
(8) The director shall have lien and enforcement powers
regarding assessments to be paid by subject employers in the same
manner and to the same extent as is provided for lien and
enforcement of collection of premiums and assessments by the
corporation under ORS 656.552 to 656.566.
(9) The director shall have the same powers regarding
inspection of books, records and payrolls of employers as are
granted the corporation under ORS 656.758. The director may
disclose information obtained from such inspections to the
Director of the Department of Revenue to the extent the Director
of the Department of Revenue requires such information to
determine that a person complies with the revenue and tax laws of
this state and to the Director of the Employment Department to
the extent the Director of the Employment Department requires
such information to determine that a person complies with ORS
chapter 657.
(10) The director shall collect hours-worked data information
in addition to total payroll for workers engaged in various jobs
in the construction industry classifications described in the job
classification portion of the Workers' Compensation and Employers
Liability Manual and the Oregon Special Rules Section published
by the National Council on Compensation Insurance. The
information shall be collected in the form and format necessary
for the National Council on Compensation Insurance to analyze
premium equity.
SECTION 46. ORS 658.705 is amended to read:
658.705. As used in ORS 658.705 to 658.850:
(1) 'Applicant' means an individual who proposes to operate a
farmworker camp and who is applying for a camp operator
indorsement under ORS 658.730.
(2) 'Bureau' means the Bureau of Labor and Industries.
(3) 'Commissioner' means the Commissioner of the Bureau of
Labor and Industries.
{ - (4) 'Department' means the Department of Consumer and
Business Services. - }
{ - (5) 'Director' means the Director of the Department of
Consumer and Business Services. - }
{ - (6) - } { + (4) + } 'Farm labor contractor' has the
same meaning as that provided in ORS 658.405.
{ - (7) - } { + (5) + } 'Farmworker camp' means any place
or area of land where sleeping places, manufactured structures or
other housing is provided by a farmer, farm labor contractor,
employer or any other person in connection with the recruitment
or employment of workers to work in the production and harvesting
of farm crops or in the reforestation of lands, as described in
ORS 658.405. 'Farmworker camp' does not include:
(a) A single, isolated dwelling occupied solely by members of
the same family, or by five or fewer unrelated individuals; or
(b) A hotel or motel which provides housing with the same
characteristics on a commercial basis to the general public on
the same terms and conditions as housing is provided to such
workers.
{ - (8) - } { + (6) + } 'Farmworker camp operator' means
any person who operates a farmworker camp.
{ - (9) - } { + (7) + } 'Indorsee' means a farm labor
contractor licensed under ORS 658.410 who has obtained a camp
indorsement under ORS 658.730.
SECTION 47. ORS 658.717 is amended to read:
658.717. Every farmworker camp operator shall:
(1) Post an informational notice, on a form provided by the
{ - Department of Consumer and Business Services - }
{ + Bureau of Labor and Industries + }as set forth in
subsection (2) of this section, in an area of the farmworker camp
frequented by the occupants.
(2) The notice provided by the { - department - }
{ + bureau + } under subsection (1) of this section shall be
published in English and in the language or languages used to
communicate with the occupants of the farmworker camp and shall
contain the following information:
(a) The name and address of the operator.
(b) The address and phone number of the { - department - }
{ + bureau + }.
(c) A statement that inquiries regarding health and sanitation
matters or the terms and conditions of occupancy may be made to
the { - department - } { + bureau + }.
(d) A statement that the farmworker camp is registered with the
{ - department - } { + bureau + }.
SECTION 48. ORS 658.750 is amended to read:
658.750. (1) Every farmworker camp operator shall register with
the { - Department of Consumer and Business Services - }
{ + Bureau of Labor and Industries + } each farmworker camp
operated by the operator.
(2) The { - department - } { + bureau + } shall establish,
by rule, procedures for annual registration of farmworker camps.
The
{ - department - } { + bureau + } may adopt any other rule
necessary to implement the provisions of ORS 658.705 to 658.850.
(3) Upon receipt of an initial application for registration,
the { - department - } { + bureau + } shall conduct a
preoccupancy consultation with the operator of the farmworker
camp if:
(a) The camp was not registered { - with the department prior
to January 1, 1989, and has not been registered with the
Commissioner of the Bureau of Labor and Industries or the
Director of the Department of Consumer and Business Services - }
in a prior year; or
(b) The camp operator requests a consultation.
(4) If the { - department - } { + bureau + } has determined
that the health and safety conditions existing at the camp are
not in conformance with the rules of the { - department - }
{ + bureau + }, the { - department - } { + bureau + } shall
not register the camp until the { - department - }
{ + bureau + } determines that the camp has been brought into
compliance.
{ - (5) Upon registration of a camp, the department shall
transmit a copy of the registration to the Bureau of Labor and
Industries. - }
{ - (6) - } { + (5) + } The { - department - }
{ + bureau + } shall compile periodically a list of all
registered camps and make the list available to { - the bureau
and other - } interested persons.
SECTION 49. ORS 658.755 is amended to read:
658.755. (1) Every farmworker camp operator shall:
(a) If a farm labor contractor, comply with the provisions of
ORS 658.405 to 658.503.
(b) Comply with ORS chapter 654 and the administrative rules of
the { - Department of Consumer and Business Services - }
{ + Bureau of Labor and Industries + } adopted pursuant to ORS
chapter 654.
(c) Comply with all applicable building codes and health and
safety laws.
(d) Comply with ORS 659A.250 to 659A.262.
(e) Pay or distribute promptly, when due, to individuals
entitled thereto, all moneys or other things of value entrusted
to the farmworker camp operator, or agents or employees of the
operator, by any individual for that purpose.
(f) Comply with the terms and provisions of all legal and valid
agreements or contracts entered into in the operator's capacity
as an operator of a farmworker camp.
(2) No farmworker camp operator shall:
(a) Operate a camp which is not registered with the
{ - department - } { + bureau + } as required by ORS 658.750.
(b) Make any material misrepresentation, false statement or
willful concealment in the application for an indorsement or
registration.
(c) Willfully make or cause to be made to any person any false,
fraudulent or misleading representation concerning the terms and
conditions of occupancy in the farmworker camp.
(d) Knowingly publish or circulate any false or misleading
information concerning the terms, conditions or existence of
housing or employment at any place.
(e) Assist a person who is not entitled to operate a farmworker
camp under ORS 658.705 to 658.850 to act in violation of ORS
658.705 to 658.850 or in violation of ORS 658.405 to 658.503 or
ORS chapter 654.
(f) By force, intimidation or threat in any manner whatsoever,
induce any occupant of the farmworker camp to give up any part of
the compensation the occupant is entitled to by contract or by
any state or federal wage payment law.
(g) By force, intimidation or threat in any manner whatsoever,
restrain any person who wishes to leave the camp from doing so.
SECTION 50. ORS 658.780 is amended to read:
658.780. Any individual may protest the registration of any
proposed farmworker camp and the { - Department of Consumer and
Business Services - } { + Bureau of Labor and Industries + }
shall give the individual an opportunity to state the reasons for
the objection.
SECTION 51. ORS 658.785 is amended to read:
658.785. The { - Department of Consumer and Business
Services - } { + Bureau of Labor and Industries + } may revoke
or suspend a registration upon the { - department's - }
{ + bureau's + } own motion or upon complaint by an aggrieved
individual if the:
(1) Camp is no longer in compliance with the provisions of ORS
658.715 to 658.850 or any rules adopted thereunder;
(2) Conditions under which the registration was accepted have
changed or no longer exist;
(3) Information supplied by the operator or applicant regarding
the farmworker camp included any material misrepresentation,
false statement or willful concealment in the registration or in
any procedure in the application process; or
(4) The { - department - } { + bureau + } finds that the
camp fails to comply with the requirements of ORS chapter 654 and
the
{ - regulations - } { + rules + } adopted thereunder.
SECTION 52. ORS 658.790 is amended to read:
658.790. (1) If any government agency authorized to enforce
building, health or safety standards orders a camp vacated
because the camp is not habitable, the camp operator shall
provide lodging, without charge, that meets the health and safety
standards of the { - Department of Consumer and Business
Services - } { + Bureau of Labor and Industries + }, for seven
days or until the camp is made habitable, whichever is less.
(2) The provisions of subsection (1) of this section do not
apply if the { - department - } { + bureau + } determines
that the cause of closure was beyond the control of the camp
operator.
(3) In addition to other remedies provided by law, the
{ - department - } { + bureau + } shall enforce the
provisions of subsection (1) of this section.
SECTION 53. ORS 658.805 is amended to read:
658.805. (1) Except to appeal from an act or determination of
the Commissioner of the Bureau of Labor and Industries { - or
the Department of Consumer and Business Services - } , no person
operating a farmworker camp, as defined in ORS 658.705, is
entitled to demand, receive or accept any fee directly or
indirectly or maintain any suit or action in the courts of this
state involving the farmworker camp, without alleging and proving
that the person was registered or indorsed to operate a
farmworker camp.
(2) The commissioner { - , Director of the Department of
Consumer and Business Services - } or any local governmental
agency may bring suit in any court of competent jurisdiction to
enjoin any person from violating any of the provisions of ORS
658.705 to 658.850, or rules adopted pursuant thereto, and from
committing future violations.
(3) Any aggrieved person may bring suit in any court of
competent jurisdiction to enjoin any person violating ORS 658.715
(1) or 658.755 (2)(a) from violating any of the provisions of ORS
658.705 to 658.850, or rules adopted pursuant thereto, and from
committing future violations.
(4) In actions brought pursuant to this section, the court may
award to the prevailing party costs and disbursements and a
reasonable attorney fee. In addition, if damages are found, the
amount of damages recoverable from a farmworker camp operator who
is subject to suit pursuant to subsection (3) of this section who
violates ORS 658.705 to 658.850 is actual damages or $500,
whichever is greater.
SECTION 54. Section 6, chapter 1059, Oregon Laws 1999, is
amended to read:
{ + Sec. 6. + } In carrying out its responsibilities under
sections 2 to 9 { - of this 1999 Act - } { + , chapter 1059,
Oregon Laws 1999 + }, the State Department of Agriculture shall
seek technical assistance as appropriate from at least the
following entities:
(1) Oregon Department of Administrative Services;
(2) Department of Environmental Quality;
(3) State Department of Fish and Wildlife;
(4) State Forestry Department;
(5) Department of Human Services;
(6) { - Occupational Safety and Health Division of the
Department of Consumer and Business Services - } { + Bureau of
Labor and Industries + };
(7) Oregon Poison Center;
(8) Pesticide Analytical and Response Center; and
(9) Office of the State Fire Marshal.
SECTION 55. ORS 183.315 is amended to read:
183.315. (1) The provisions of ORS 183.410, 183.415, 183.425,
183.440, 183.450, 183.452, 183.458, 183.460, 183.470 and 183.480
do not apply to local government boundary commissions created
pursuant to ORS 199.425 or 199.430, the Department of Revenue,
State Accident Insurance Fund Corporation, Department of Consumer
and Business Services with respect to its functions under ORS
{ - chapters 654 and - } { + chapter + } 656, Psychiatric
Security Review Board or State Board of Parole and Post-Prison
Supervision.
(2) ORS 183.310 to 183.550 do not apply with respect to actions
of the Governor authorized under ORS chapter 240.
(3) The provisions of ORS 183.410, 183.415, 183.425, 183.440,
183.450, 183.452, 183.458 and 183.460 do not apply to the
Employment Appeals Board or the Employment Department.
(4) The Employment Department shall be exempt from the
provisions of ORS 183.310 to 183.550 to the extent that a formal
finding of the United States Secretary of Labor is made that such
provision conflicts with the terms of the federal law, acceptance
of which by the state is a condition precedent to continued
certification by the United States Secretary of Labor of the
state's law.
(5) The provisions of ORS 183.415 to 183.430, 183.440 to
183.460, 183.470 to 183.485 and 183.490 to 183.500 do not apply
to orders issued to persons who:
(a) Have been committed pursuant to ORS 137.124 to the custody
of the Department of Corrections or are otherwise confined in a
Department of Corrections facility; or
(b) Seek to visit an inmate confined in a Department of
Corrections facility.
(6) ORS 183.410, 183.415, 183.425, 183.440, 183.450, 183.460,
183.470 and 183.480 do not apply to the Public Utility
Commission.
(7) The provisions of ORS 183.310 to 183.550 do not apply to
the suspension, cancellation or termination of an apprenticeship
or training agreement under ORS 660.060.
SECTION 56. ORS 183.530 is amended to read:
183.530. A housing cost impact statement shall be prepared upon
the proposal for adoption or repeal of any rule or any amendment
to an existing rule by:
(1) The State Housing Council;
(2) A building codes division of the Department of Consumer and
Business Services or any board associated with the department
with regard to rules adopted under ORS 455.610 to 455.630;
(3) The Land Conservation and Development Commission;
(4) The Environmental Quality Commission;
(5) The Construction Contractors Board;
(6) The { - Occupational Safety and Health Division of the
Department of Consumer and Business Services - } { + Bureau of
Labor and Industries + }; or
(7) The Office of Energy.
SECTION 57. ORS 315.164 is amended to read:
315.164. (1) As used in this section and ORS 315.169 and
315.172:
(a) 'Condition of habitability' means a condition that is in
compliance with:
(A) The applicable provisions of the state building code under
ORS chapter 455 and the rules adopted thereunder; or
(B) If determined on or before December 31, 1995, sections 12
and 13, chapter 964, Oregon Laws 1989.
(b) 'Contributor' means a person that constructed,
manufactured, installed or contributed money to finance a
farmworker housing project.
(c) 'Eligible costs' includes finance costs, construction
costs, excavation costs, installation costs and permit costs and
excludes land costs.
(d) 'Farmworker' means any person who, for an agreed
remuneration or rate of pay, performs temporary or permanent
labor for another in the production of farm products or in the
planting, cultivating or harvesting of seasonal agricultural
crops or in the forestation or reforestation of lands, including
but not limited to the planting, transplanting, tubing,
precommercial thinning and thinning of trees and seedlings, the
clearing, piling and disposal of brush and slash and other
related activities.
(e) 'Farmworker housing' means housing:
(A) Limited to occupancy by farmworkers and their immediate
families; and
(B) No dwelling unit of which is occupied by a relative of the
owner or operator of the farmworker housing.
(f) 'Farmworker housing project' means construction,
installation or rehabilitation of farmworker housing.
(g) 'Owner' means a person that owns farmworker housing and
does not include a person that only has an interest in the
housing as a holder of a security interest.
(h) 'Rehabilitation' means to make repairs or improvements to a
building that improve its livability and are consistent with
applicable building codes.
(i) 'Relative' means a brother or sister (whether by the whole
or by half blood), spouse, ancestor (whether by law or by blood),
or lineal descendant of an individual.
(2) A taxpayer who is the owner or operator of farmworker
housing is allowed a credit against the taxes otherwise due under
ORS chapter 316, if the taxpayer is a resident individual, or
against the taxes otherwise due under ORS chapter 317, if the
taxpayer is a corporation. The total amount of the credit shall
be equal to 50 percent of the eligible costs actually paid or
incurred to complete a farmworker housing project, to the extent
the eligible costs actually paid or incurred do not exceed the
estimate of eligible costs approved by the Housing and Community
Services Department under ORS 315.167.
(3) A taxpayer claiming a credit under this section may elect
to transfer a portion of the credit to a contributor in the
manner provided in ORS 315.169. No more than 80 percent of the
credit may be transferred.
(4)(a) The credit allowed under this section may be taken for
the tax year in which the farmworker housing project is completed
or in any of the nine tax years succeeding the tax year in which
the project is completed.
(b) The credit allowed in any one tax year may not exceed 20
percent of the amount determined under subsection (2) of this
section.
(5)(a) To claim a credit under this section, a taxpayer must
show in each year following the completion of a farmworker
housing project that the housing continues to be operated as
farmworker housing.
(b) A taxpayer need not make the showing required in paragraph
(a) of this subsection if the Housing and Community Services
Department waives the requirement after the taxpayer has
successfully met the requirement for the first five years after
completion of the housing project.
(c) The Housing and Community Services Department shall
determine by rule the factors necessary to grant a waiver. Such
factors may include a documented decline in a particular area for
farmworker housing.
(6) The credit shall apply only to a farmworker housing project
that is located within this state and physically begun on or
after January 1, 1990.
(7)(a) A credit may not be allowed under this section unless
the taxpayer claiming credit under this section:
(A) Obtains a letter of credit approval from the Housing and
Community Services Department pursuant to ORS 315.167; and
(B) Files with the Department of Revenue an annual
certification providing that all occupied units for which credit
is being claimed are occupied by farmworkers and their immediate
families.
(b) The certification described under this subsection shall be
made on the form and in the time and manner prescribed by the
Department of Revenue.
(8) Except as provided under subsection (9) of this section,
the credit allowed in any one year may not exceed the tax
liability of the taxpayer.
(9) Any tax credit otherwise allowable under this section that
is not used by the taxpayer in a particular tax year may be
carried forward and offset against the taxpayer's tax liability
for the next succeeding tax year. Any credit remaining unused in
the next succeeding tax year may be carried forward and used in
the second succeeding tax year, and likewise any credit not used
in that second succeeding tax year may be carried forward and
used in the third succeeding tax year, and any credit not used in
that third succeeding tax year may be carried forward and used in
the fourth succeeding tax year, and any credit not used in that
fourth succeeding tax year may be carried forward and used in the
fifth succeeding tax year, and any credit not used in that fifth
succeeding tax year may be carried forward and used in the sixth
succeeding tax year, and any credit not used in that sixth
succeeding tax year may be carried forward and used in the
seventh succeeding tax year, and any credit not used in that
seventh succeeding tax year may be carried forward and used in
the eighth succeeding tax year, and any credit not used in that
eighth succeeding tax year may be carried forward and used in the
ninth succeeding tax year, but may not be carried forward for any
tax year thereafter.
(10)(a) The credit provided by this section is not in lieu of
any depreciation or amortization deduction for the project to
which the taxpayer otherwise may be entitled under ORS chapter
316 or 317 for the year.
(b) The taxpayer's adjusted basis for determining gain or loss
may not be further decreased by any tax credits allowed under
this section.
(11) For a taxpayer to receive a credit under this section, the
farmworker housing must:
(a) Comply with all occupational safety or health laws, rules,
regulations and standards;
(b) If registration is required, be registered as a farmworker
camp with the { - Department of Consumer and Business
Services - } { + Bureau of Labor and Industries + } under ORS
658.750;
(c) Upon occupancy and if an indorsement is required, be
operated by a person who holds a valid indorsement as a
farmworker camp operator under ORS 658.730; and
(d) Continue to be operated as farmworker housing for a period
of at least 10 years after the completion of the farmworker
housing project, unless a waiver has been granted under
subsection (5) of this section.
(12)(a) Pursuant to the procedures for a contested case under
ORS 183.310 to 183.550, the Department of Revenue may order the
disallowance of the credit allowed under this section if it
finds, by order, that:
(A) The credit was obtained by fraud or misrepresentation; or
(B) In the event that an owner or operator claims or claimed
the credit:
(i) The taxpayer has failed to continue to substantially comply
with the occupational safety or health laws, rules, regulations
or standards;
(ii) After occupancy and if registration is required, the
farmworker housing is not registered as a farmworker camp with
the
{ - Department of Consumer and Business Services - }
{ + Bureau of Labor and Industries + } under ORS 658.750;
(iii) After occupancy and if an indorsement is required, the
farmworker housing is not operated by a person who holds a valid
indorsement as a farmworker camp operator under ORS 658.730; or
(iv) The taxpayer has failed to make a showing that the housing
continues to be operated as farmworker housing as required under
subsection (5)(a) of this section and the taxpayer has not been
granted a waiver by the Housing and Community Services Department
under subsection (5)(b) of this section.
(b) If the tax credit is disallowed pursuant to this
subsection, notwithstanding ORS 314.410 or other law, all prior
tax relief provided to the taxpayer shall be forfeited and the
Department of Revenue shall proceed to collect those taxes not
paid by the taxpayer as a result of the prior granting of the
credit.
(c) If the tax credit is disallowed pursuant to this
subsection, the taxpayer shall be denied any further credit
provided under this section, in connection with the farmworker
housing project, as the case may be, from and after the date that
the order of disallowance becomes final.
(13) In the event that the farmworker housing is destroyed by
fire, flood, natural disaster or act of God before all of the
credit has been used, the taxpayer may nevertheless claim the
credit as if no destruction had taken place. In the event of
fire, if the fire chief of the fire protection district or unit
determines that the fire was caused by arson, as defined in ORS
164.315 and 164.325, by the taxpayer or by another at the
taxpayer's direction, then the fire chief shall notify the
Department of Revenue. Upon conviction of arson, the Department
of Revenue shall disallow the credit in accordance with
subsection (12) of this section.
(14)(a) A nonresident individual shall be allowed the credit
computed in the same manner and subject to the same limitations
as the credit allowed a resident by this section. However, the
credit shall be prorated using the proportion provided in ORS
316.117.
(b) If a change in the taxable year of a taxpayer occurs as
described in ORS 314.085, or if the Department of Revenue
terminates the taxpayer's taxable year under ORS 314.440, the
credit allowed by this section shall be prorated or computed in a
manner consistent with ORS 314.085.
(c) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by this section shall be determined in a manner
consistent with ORS 316.117.
(15) The Department of Revenue may adopt rules for carrying out
the provisions of this section.
SECTION 58. ORS 315.169 is amended to read:
315.169. (1) A taxpayer that is a contributor is allowed a
credit against the taxes otherwise due under ORS chapter 316, if
the taxpayer is a resident individual, or ORS chapter 317, if the
taxpayer is a corporation, to the extent the owner or operator of
farmworker housing transferred a portion of the credit allowed to
the owner or operator under ORS 315.164.
(2) An owner or operator of farmworker housing may transfer a
portion of the credit allowed to the owner or operator under ORS
315.164 to one or more contributors in portions that do not total
more than 80 percent of the total credit the owner or operator
may claim.
(3) To receive a credit under this section:
(a) The owner or operator and contributor must jointly file a
statement with the Department of Revenue stating the portion of
credit the contributor is allowed to claim and any other
information the department may require by rule; and
(b) The contributor must show that upon completion of the
farmworker housing project and first occupation by farmworkers,
the housing complies with all occupational safety or health laws,
rules, regulations and standards applicable for farmworker
housing.
(4) A contributor remains eligible to receive a credit under
this section even if the owner or operator of the farmworker
housing becomes ineligible for the credit as a result of:
(a) Failure to file the annual certification under ORS 315.164
(7);
(b) Failure to continue to substantially comply with
occupational safety or health laws, rules, regulations or
standards under ORS 315.164 (11);
(c) Failure to register as a farmworker camp with the
{ - Department of Consumer and Business Services - }
{ + Bureau of Labor and Industries + } under ORS 658.750;
(d) Failure of the operator to hold a valid indorsement as a
farmworker camp operator under ORS 658.730; or
(e) Failure to comply with any other rules or provisions
relating to the operation or maintenance of the farmworker
housing after the contributor has completed work on the project.
(5)(a) A contributor does not remain eligible to receive a
credit under this section if the Department of Revenue finds, by
order of a disallowance of credit and pursuant to the procedures
for a contested case under ORS 183.310 to 183.550, that the
contributor obtained the credit by fraud or misrepresentation,
including a finding that the housing did not comply with all
occupational safety or health laws, rules, regulations and
standards applicable for farmworker housing at the time the
housing was completed.
(b) If the credit is disallowed pursuant to this subsection,
notwithstanding ORS 314.410 or other law, all prior tax relief
provided to the taxpayer shall be forfeited and the department
shall proceed to collect those taxes not paid by the taxpayer as
a result of the prior granting of the credit.
(c) If the credit is disallowed pursuant to this subsection,
the taxpayer shall be denied any further credit provided under
this section, in connection with the farmworker housing project,
as the case may be, from and after the date that the order of
disallowance becomes final.
(6)(a) The credit allowed under this section may be taken for
the tax year in which the farmworker housing project is completed
or in any of the nine tax years succeeding the tax year in which
the project is completed.
(b) The credit allowed in any one tax year may not exceed 20
percent of the amount determined under subsection (2) of this
section that was transferred to the contributor claiming the
credit.
(7) Except as provided under subsection (8) of this section,
the credit allowed in any one year may not exceed the tax
liability of the taxpayer.
(8) Any tax credit otherwise allowable under this section that
is not used by the taxpayer in a particular tax year may be
carried forward and offset against the taxpayer's tax liability
for the next succeeding tax year. Any credit remaining unused in
such next succeeding tax year may be carried forward and used in
the second succeeding tax year, and likewise any credit not used
in that second succeeding tax year may be carried forward and
used in the third succeeding tax year, and any credit not used in
that third succeeding tax year may be carried forward and used in
the fourth succeeding tax year, and any credit not used in that
fourth succeeding tax year may be carried forward and used in the
fifth succeeding tax year, and any credit not used in that fifth
succeeding tax year may be carried forward and used in the sixth
succeeding tax year, and any credit not used in that sixth
succeeding tax year may be carried forward and used in the
seventh succeeding tax year, and any credit not used in that
seventh succeeding tax year may be carried forward and used in
the eighth succeeding tax year, and any credit not used in that
eighth succeeding tax year may be carried forward and used in the
ninth succeeding tax year, but may not be carried forward for any
tax year thereafter.
(9)(a) A nonresident individual shall be allowed the credit
computed in the same manner and subject to the same limitations
as the credit allowed a resident by this section. However, the
credit shall be prorated using the proportion provided in ORS
316.117.
(b) If a change in the taxable year of a taxpayer occurs as
described in ORS 314.085, or if the department terminates the
taxpayer's taxable year under ORS 314.440, the credit allowed by
this section shall be prorated or computed in a manner consistent
with ORS 314.085.
(c) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by this section shall be determined in a manner
consistent with ORS 316.117.
(10) The department may adopt rules for carrying out the
provisions of this section.
SECTION 59. ORS 455.380 is amended to read:
455.380. (1) Notwithstanding the provisions of ORS 455.148 and
455.150, the { - Department of Consumer and Business
Services - } { + Bureau of Labor and Industries + } is the final
authority in interpretation, execution and enforcement of state
and municipal administration of building codes and rules with
respect to construction of farmworker housing as defined in ORS
315.164.
(2) The { - department - } { + bureau + } shall provide for
a statewide uniform application and method of calculating permit
fees for farmworker housing as defined in ORS 315.164.
(3) The { - department - } { + bureau + } shall adopt rules
to carry out the provisions of subsections (1) and (2) of this
section.
SECTION 60. ORS 820.010 is amended to read:
820.010. (1) A motor vehicle is subject to safety regulation
under ORS 820.030 to 820.070, if the vehicle is furnished by an
employer and is used to transport one or more workers to and from
their places of employment. All of the following apply to this
subsection:
(a) The employer must be an individual who employs or uses two
or more workers.
(b) The workers employed or transported may be any individuals
who are employed for any period in any work for which the workers
are compensated, whether full- or part-time.
(c) The place of employment to and from which the vehicle is
used to transport workers must be a location where one or more
workers are actually performing the labor incident to their
employment.
(d) Vehicles may include passenger automobiles and station
wagons operated by or on behalf of employers.
(2) If vehicles described in this section are worker transport
buses, the vehicles may be subject to additional regulation for
the use of bus safety lights under ORS 811.520 and 816.300 in
addition to safety measures under ORS 811.155.
(3) The { - Department of Consumer and Business Services - }
{ + Bureau of Labor and Industries + } has concurrent
jurisdiction with the Department of Transportation in the
adoption, under ORS 820.030, of rules relating to vehicles
described in this section and in the enforcement of those rules
under ORS 820.040 and 820.050 as applied to vehicles described in
this section.
(4) Vehicles described in this section are in addition to any
vehicles subjected to regulation under ORS 820.020.
SECTION 61. ORS 456.585 is amended to read:
456.585. The Housing and Community Services Department shall
serve as the primary state agency for farmworker housing
information. The department shall perform the following duties
related to farmworker housing information:
(1) Develop an information center for farmworker housing
financing information. The department shall consult with private
organizations and the Farmworker Housing Facilitation Team
established pursuant to subsection (3) of this section in
developing and operating the information center. The information
center shall include provision for access by the Internet.
(2) To the extent practicable, simplify the application process
for funding farmworker housing projects.
(3) Establish a Farmworker Housing Facilitation Team to provide
an ongoing discussion forum for state and local government
agencies that are involved with farmworker housing. Team members
shall include the Housing and Community Services Department, the
{ - Occupational Safety and Health Division - } { + Bureau of
Labor and Industries + }, the State Department of Agriculture,
the Department of Land Conservation and Development, the
Employment Department and the Oregon State University Extension
Service. The Housing and Community Services Department shall also
invite the United States Department of Agriculture Rural Housing
Service, United States Department of Labor, local planning
agencies and other interested persons to be members of the team.
(4) Ensure that homeowner assistance programs engage in
outreach efforts to contact farmworkers.
(5) Promote the establishment and use of individual development
accounts by farmworkers and others.
(6) Use a statewide map of crop diversity to determine housing
needs, and facilitate the development of farmworker housing in
appropriate locations.
(7) Look at creative ways to provide housing, including but not
limited to time-share housing, cooperative housing, mobile and
portable housing and modular housing.
(8) Work with private businesses, state agencies and nonprofit
organizations to maximize the development of farmworker housing.
(9) To the extent practicable, refer housing-based conflicts to
dispute resolution processes.
SECTION 62. ORS 634.550 is amended to read:
634.550. (1) There is created a Pesticide Analytical and
Response Center with a governing board consisting of the
following members:
(a) The Director of Agriculture or designee.
(b) The State Forester or designee.
(c) The State Fish and Wildlife Director or designee.
(d) The Director of the Department of Environmental Quality or
designee.
(e) The Director of Human Services or designee.
(f) The { - Administrator of the Occupational Safety and
Health Division - } { + Commissioner of the Bureau of Labor and
Industries + } or designee.
(g) The State Fire Marshal or designee.
(h) The Director of the Poison Control and Drug Information
Program of the Oregon Health and Science University or designee.
(i) One citizen from the state at large appointed jointly by
the Director of Agriculture and the Director of Human Services.
(2) The Director of Agriculture shall appoint an administrator
for the Pesticide Analytical and Response Center, who shall be
responsible to the board for performance of the duties of the
center and the board.
(3) The Director of Agriculture or designee and the Director of
Human Services or designee shall alternate as chairperson of the
board for terms of one year each. When one is serving as
chairperson, the other shall serve as vice chairperson.
(4) The board shall seek expert consultation from the extension
service toxicology program, the Center for Research on
Occupational and Environmental Toxicology and such other sources
as may be needed.
(5) The functions of the board are to:
(a) Direct the activities and priorities of the administrator
of the center.
(b) Centralize receiving of information relating to actual or
alleged health and environmental incidents involving pesticides.
(c) Mobilize expertise necessary for timely and accurate
investigation of pesticide incidents and analyses of associated
samples.
(d) Identify trends and patterns of problems related to
pesticide use.
(e) Make recommendations for action to a state agency when a
majority of the board considers that such action may be warranted
on the basis of the findings of an incident investigation or on
the basis of identification of a trend or pattern of problems.
Recommended actions may include, but not be limited to,
regulatory action, modification of administrative rules, proposal
of new legislation, public education and consultation to
industry.
(f) Report in a standardized format the results of the
investigations of pesticide incidents.
(g) Establish by consensus, procedures for carrying out its
responsibilities within the limits of available resources.
(h) Prepare and submit to each session of the Legislative
Assembly a report of the activities of the center that includes a
record of recommendations made by the board and the actions
resulting from the board's work.
(6) Upon receipt of a recommendation from the board, a state
agency shall respond in a timely manner to inform the board of
actions taken or the reasons for taking no action on the
recommendation.
(7) Any medical information received by a member of the board
or by a staff member of the center in the course of carrying out
the duties of the center or the board shall be held confidential
as provided in ORS 192.525 and 433.008.
(8) The functions of the board do not supersede the regulatory
authority of any agency and are not in lieu of the regulatory
authority of any agency.
SECTION 63. { + For the purpose of harmonizing and clarifying
statute sections published in Oregon Revised Statutes, the
Legislative Counsel may substitute:
(1) For words designating the Department of Consumer and
Business Services relating to the duties, functions and powers
transferred by section 1 of this 2003 Act, wherever such words
occur in Oregon Revised Statutes, other words designating the
Bureau of Labor and Industries.
(2) For words designating the Director of the Department of
Consumer and Business Services relating to the duties, functions
and powers transferred by section 1 of this 2003 Act, wherever
such words occur in Oregon Revised Statutes, other words
designating the Commissioner of the Bureau of Labor and
Industries.
(3) For words designating the Consumer and Business Services
Fund relating to the duties, functions and powers transferred by
section 1 of this 2003 Act, wherever such words occur in Oregon
Revised Statutes, other words designating the Bureau of Labor and
Industries Account. + }
SECTION 64. { + ORS 658.825, 658.827 and 658.830 are
repealed. + }
SECTION 65. { + (1) Sections 1 to 7 of this 2003 Act, the
amendments to statutes by sections 8 to 62 of this 2003 Act and
the repeal of ORS 658.825, 658.827 and 658.830 by section 64 of
this 2003 Act become operative on July 1, 2004.
(2) The Commissioner of the Bureau of Labor and Industries and
the Director of the Department of Consumer and Business Services
may take any action before the operative date set forth in
subsection (1) of this section that is necessary to enable the
commissioner to exercise, on and after the operative date set
forth in subsection (1) of this section, all the duties,
functions and powers conferred on the commissioner by sections 1
to 7 of this 2003 Act, the amendments to statutes by sections 8
to 62 of this 2003 Act and the repeal of ORS 658.825, 658.827 and
658.830 by section 64 of this 2003 Act. + }
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