74th OREGON LEGISLATIVE ASSEMBLY--2007 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 578
 
                         House Bill 2222
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Consumer and Business Services and
  Office of Regulatory Streamlining of Department of Consumer and
  Business Services)
 
 
                             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.
 
  Modifies requirements for employer safety committees.  Requires
Director of Department of Consumer and Business Services to adopt
rules providing for alternate forms of safety committees and
safety meetings to meet special needs of small employers,
agricultural employers and employers with mobile worksites.
 
                        A BILL FOR AN ACT
Relating to employer safety committees; amending ORS 654.176 and
  654.182.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 - }  { + shall, + } in accordance with rules adopted
pursuant to ORS 654.182 { + , establish and administer a safety
committee or hold safety meetings + }.
    { - (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
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 pursuant to ORS 737.320 (3). - }
    { - (2) In making determinations under subsection (1) of this
section, the director shall utilize the most recent departmental
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 2. 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 shall
 { - promulgate rules which - }   { + adopt rules that + }
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.
  (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.
   { +  (f) Prescribing alternate forms of safety committees and
safety meetings to meet the special needs of small employers,
agricultural employers and employers with mobile worksites. + }
  (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.
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