Chapter 432
AN ACT
SB 556
Relating to occupational safety violation
procedures; creating new provisions; and amending ORS 654.078 and 654.086.
Be It Enacted by the People of
the State of
SECTION 1. 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, within [20] 30 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, within [20] 30 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 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 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 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 2. ORS 654.086 is amended to read:
654.086. (1) The
Director of the Department of Consumer and Business Services or the authorized
representative of the director 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] 20 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.
(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 3. (1) The amendments to ORS 654.078 by section
1 of this 2007 Act apply to citations, notices and orders received on or after
the effective date of this 2007 Act.
(2) The amendments to
ORS 654.086 by section 2 of this 2007 Act apply to orders assessing civil
penalties issued on or after the effective date of this 2007 Act.
Approved by the Governor June 15, 2007
Filed in the office of Secretary of State June 15, 2007
Effective date January 1, 2008
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