Chapter 279
AN ACT
HB 2259
Relating to filing of retaliation complaint
under occupational safety laws; creating new provisions; amending ORS 654.062;
and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. 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 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 an
employee or representative of the employee has complained in writing of an
alleged violation and no resulting citation is issued to the employer, 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 in writing. When 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 [is a public record under ORS 192.210 to
192.505 and 192.610 to 192.990] may be disclosed under ORS 192.410 to
192.505.
(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] 90 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 bring a civil action in any circuit court
of the State of
(d) The
commissioner or the circuit court may order all appropriate relief including
rehiring or reinstatement to the employee’s former position with back pay.
SECTION 2. The amendments to ORS 654.062 by section 1
of this 2007 Act apply only to employment practices occurring on or after the
effective date of this 2007 Act.
SECTION 3. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date June 1, 2007
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