Chapter 433 Oregon Laws 1999

Session Law

AN ACT

HB 2402

Relating to occupational safety requirements for small corporate farms; amending ORS 654.005.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 654.005 is amended to read:

654.005. As used in this chapter, unless the context requires otherwise:

(1) "Board" means the Workers' Compensation Board created by ORS 656.712.

(2) "Department" means the Department of Consumer and Business Services.

(3) "Director" means the Director of the Department of Consumer and Business Services.

(4) "Employee" means any individual, including a minor whether lawfully or unlawfully employed, who engages to furnish services for a remuneration, financial or otherwise, subject to the direction and control of an employer, and includes salaried, elected and appointed officials of the state, state agencies, counties, cities, school districts and other public corporations, or any individual who is provided with workers' compensation coverage as a subject worker pursuant to ORS chapter 656, whether by operation of law or by election.

(5) "Employer" means any person who has one or more employees, or any sole proprietor or member of a partnership who elects workers' compensation coverage as a subject worker pursuant to ORS 656.128.

(6) "Owner" means and includes every person having ownership, control or custody of any place of employment or of the construction, repair or maintenance of any place of employment.

(7) "Person" means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons, and includes the state, state agencies, counties, municipal corporations, school districts and other public corporations or subdivisions.

(8) "Place of employment" means and includes every place, whether fixed or movable or moving, whether indoors or out or underground, and the premises and structures appurtenant thereto, where either temporarily or permanently an employee works or is intended to work and every place where there is carried on any process, operation or activity related, either directly or indirectly, to an employer's industry, trade, business or occupation, including a labor camp, wherever located, provided by an employer for employees or by another person engaged in providing living quarters or shelters for employees[,]. [but] "Place of employment" does not include:

(a) Any place where the only employment involves nonsubject workers employed in or about a private home[.]; and

(b) Any corporate farm where the only employment involves the farm's family members, including parents, spouses, sisters, brothers, daughters, sons, daughters-in-law, sons-in-law, nieces, nephews or grandchildren.

Approved by the Governor July 1, 1999

Filed in the office of Secretary of State July 1, 1999

Effective date October 23, 1999

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