73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
HA to SB 239 (A to RC)
 
LC 1078/SB 239-1
 
                       HOUSE AMENDMENTS TO
                         SENATE BILL 239
           (INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
 
                    By COMMITTEE ON JUDICIARY
 
                             June 27
 
  On page 1 of the printed bill, delete lines 6 through 30 and
insert:
  '  { +  SECTION 1. + } ORS 654.062, as amended by section 1,
chapter 198, Oregon Laws 2005 (Enrolled Senate Bill 237), 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 or any authorized representatives of the
director of any violation of law, regulation or standard
pertaining to safety and health in the place of employment,
whether or not the employee also notifies the employer.
  ' (3) Upon receiving any employee complaint, the director shall
make inquiries, inspections and investigations that the director
considers reasonable and appropriate.   { - When - }  { +  If + }
an employee or representative of the employee   { - has
complained - }  { + complains to the director + } in writing of
an alleged violation and
  { - no resulting - }  { +  the director does not issue a + }
citation   { - is issued - } to the employer { +  for the alleged
violation + }, the director shall furnish to the employee or
representative of the employee, upon written request, a statement
of reasons for the decision.
  ' (4) The director shall establish procedures for keeping
confidential the identity of any employee who requests
  { - protection - }  { +  confidentiality + } in writing. When a
request { +  for confidentiality + } has been made, neither a
written complaint from an employee, or representative of the
employee, nor a memorandum containing the identity of a
complainant   { - is a public record - }  { +  may be
disclosed + } under ORS 192.210 to 192.505   { - and 192.610 to
192.990 - } .
  ' (5) It is an unlawful employment practice for any person to
bar or discharge from employment or otherwise discriminate
against any employee or prospective employee because the employee
or prospective employee has:
  ' (a) Opposed any practice forbidden by ORS 654.001 to 654.295
and 654.750 to 654.780;
  ' (b) Made any complaint or instituted or caused to be
instituted any proceeding under or related to ORS 654.001 to
654.295 and 654.750 to 654.780, or has testified or is about to
testify in any such proceeding; or
  ' (c) Exercised on behalf of the employee, prospective employee
or others any right afforded by ORS 654.001 to 654.295 and
654.750 to 654.780.
 
  ' (6)(a) Any employee or prospective employee alleging to have
been barred or discharged from employment or otherwise
discriminated against in compensation, or in terms, conditions or
privileges of employment, in violation of subsection (5) of this
section may, within 30 days after the employee or prospective
employee has reasonable cause to believe that the violation has
occurred, file a complaint with the Commissioner of the Bureau of
Labor and Industries alleging discrimination under the provisions
of ORS 659A.820. Upon receipt of the complaint { + , + } the
commissioner shall process the complaint under the procedures,
policies and remedies established by ORS chapter 659A and the
policies established by ORS 654.001 to 654.295 and 654.750 to
654.780 in the same way and to the same extent that the complaint
would be processed if the complaint involved allegations of
unlawful employment practices under ORS 659A.030 (1)(f).
  ' (b) Within 90 days after receipt of a complaint filed under
this subsection, the commissioner shall notify the complainant of
the commissioner's determination.
  ' (c) The   { - affected - }  employee or prospective employee
may  { +  also + } bring a civil action in any circuit court of
the State of Oregon against any person alleged to have violated
subsection (5) of this section. The civil action must be
commenced within one year after the employee or prospective
employee has reasonable cause to believe a violation has
occurred, unless a complaint has been timely filed under ORS
659A.820. The commissioner or the circuit court may order all
appropriate relief including rehiring or reinstatement to the
employee's former position with back pay.'.
  On page 2, delete lines 1 through 19.
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