Chapter 72 Oregon Laws 1999
Session Law
AN ACT
SB 211
Relating to occupational
safety citations; amending ORS 654.071.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 654.071 is amended to read:
654.071. (1) If the Director of the Department of Consumer and
Business Services or an authorized representative of the director has reason to
believe, after inspection or investigation of a place of employment, that an
employer has violated any state occupational safety or health law, regulation,
standard, rule or order, the director or the authorized representative shall
with reasonable promptness issue to such employer a citation, and notice of
proposed civil penalty, if any, to be assessed under this chapter, and fix a
reasonable time for correction of the alleged violation.
(2) Each citation and notice required by subsection (1) of this
section shall be in writing, shall be mailed to or served upon the employer or
a registered agent of the [director] employer, and shall contain:
(a) The date and place of the alleged violation;
(b) A plain statement of the facts upon which the citation is
based;
(c) A reference to the law, regulation, rule, standard or order
relied upon;
(d) The amount, if any, of the proposed civil penalty;
(e) The time, if any, fixed for the correction of the alleged
violation;
(f) Notice of the employer's right to contest the citation, the
proposed civil penalty and the period of time fixed for correction of the
alleged violation; and
(g) Notice of any affected employee's right to contest the
period of time fixed for correction of the alleged violation.
(3) No citation or notice of proposed civil penalty may be
issued under this section after the expiration of 180 days following the
director's knowledge of the occurrence of a violation, but this shall not
prevent the issuance, at any time, of an order to correct that violation or the
issuance of a citation for a subsequent violation.
(4) If the director has reason to believe that an employer has
failed to correct a violation within the period of time fixed for correction,
or within the time fixed in a subsequent order granting an extension of time to
correct the violation, the director shall consider such failure as a separate
and continuing violation and shall issue a citation and notice of proposed
civil penalty, if any, to be assessed pursuant to ORS 654.086 (1)(d).
(5) The director may prescribe procedures for the issuance of a
notice in lieu of citation to inform an employer and employees of a minimal
violation [which] that has no direct or immediate
relationship to occupational safety or health.
(6) Each citation and notice, or copies thereof, issued under
ORS 654.001 to 654.295 and 654.750 to 654.780 shall be posted by the employer,
immediately upon receipt, in a conspicuous manner in a sufficient number of
locations in the place or places of employment to reasonably inform employees
of such citation and notice.
(7) Notwithstanding any other provision of this section, the
director or authorized representative of the director shall deliver to the
operator of a farm labor camp a copy of any notice, evaluation report or
citation resulting from the inspection.
Approved by the Governor
April 20, 1999
Filed in the office of
Secretary of State April 20, 1999
Effective date October 23,
1999
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