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 839
 
                         House Bill 2259
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Commissioner of the Bureau
  of Labor and Industries Dan Gardner)
 
 
                             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.
 
  Increases time in which person may file retaliation complaint
under occupational safety and health laws from 30 days to 90
days.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
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 Oregon:
  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 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.
   { +  (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. + }
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