Chapter 654 — Occupational
Safety and Health
2011 EDITION
OCCUPATIONAL SAFETY AND HEALTH
LABOR, EMPLOYMENT; UNLAWFUL
DISCRIMINATION
SAFETY AND HEALTH CONDITIONS IN PLACES
OF EMPLOYMENT
654.001 Short
title
654.003 Purpose
654.005 Definitions
654.010 Employers
to furnish safe place of employment
654.015 Unsafe
or unhealthy place of employment prohibited
654.020 Interference
with safety devices or methods prohibited; civil penalty
654.022 Duty
to comply with safety and health orders, decisions and rules
654.025 Jurisdiction
and supervision of Workers’ Compensation Board, director and other state
agencies over employment and places of employment; rules
654.031 Citation
and order to correct unsafe or unhealthy conditions
654.035 Scope
of rules and orders
654.056 Variance
from safety or health standards; effect of variance on citations
654.062 Notice
of violation to employer by worker; complaint by worker to director;
inspection; protection of complaining employees
654.067 Inspection
of places of employment; denial of access; warrants; safety and health
consultation with employees
654.071 Citation
for safety or health standard violations; effect of failure to correct
violation; posting of citations and notices by employer
654.078 Contesting
violations; hearing; admissibility in criminal or civil proceedings of
stipulations involving violations
654.082 Prohibiting
use of equipment involved in violation; red warning notice
654.086 Civil
penalty for violations; classification of violations; payment and disposition
of penalty moneys
654.090 Occupational
safety and health activities; voluntary compliance; rules; consultative
services
654.097 Consultative
services required; program standards; rules
654.101 Voluntary
safety and health consultation; refusal to disclose report
654.120 Records
of proceedings; confidentiality of certain information; federal reporting
requirements; rules
654.130 Proceedings
against unwilling witnesses
654.150 Sanitary
facilities at construction projects; standards; exemptions
654.160 Applicability
of ORS 654.150 to be included in construction contracts; liability for cost of
compliance
654.165 Employees
not required to work bare-handed or rubber-gloved on high voltage lines
654.170 Stairway
railings and guards not required for certain public and historic buildings
654.172 Exemption
from inspection or investigation for certain agricultural activities
654.174 Sanitation
facilities for workers harvesting food crops; employer to post notice; rules
WORKPLACE SAFETY COMMITTEES
654.176 Safety
committee or safety meeting required
654.182 Rules
for ORS 654.176; contents
654.189 Safe
Employment Education and Training Advisory Committee; members; terms; expenses;
duties; meetings
654.191 Occupational
Safety and Health Grant program; rules
654.192 Labor
organization not liable for injury resulting from absence of safety or health
provision
HAZARD COMMUNICATION AND HAZARDOUS
SUBSTANCES
654.196 Rules
on contents of piping systems; posting notice on right to be informed of hazardous
substances; withholding of information under certain circumstances
INJURED WORKERS’ MEMORIAL SCHOLARSHIP
654.200 Scholarship
account; use; standards for eligibility
HEALTH AND SANITATION INSPECTIONS
654.202 Issuance
of warrants for safety and health inspections
654.206 Grounds
for issuance of inspection warrants; requirements of affidavit
654.212 Procedure
for issuance of inspection warrant by magistrate
654.216 Execution
of inspection warrants
654.251 Assistance
to director from other state agencies; inspection of farm labor camps and
facilities
654.285 Admissibility
of rules and orders of department in evidence in proceedings under ORS 654.001
to 654.295, 654.412 to 654.423 and 654.750 to 654.780
654.290 Applicability
of Administrative Procedures Act; Administrative Law Judge qualifications
654.293 Representation
of employer by attorney permitted
654.295 Application
of Oregon Safe Employment Act
EMPLOYER LIABILITY LAW
654.305 Protection
and safety of persons in hazardous employment generally
654.310 Places
of employment; compliance with applicable orders, rules
654.315 Persons
in charge of work to see that ORS 654.305 to 654.336 are complied with
654.320 Who
considered agent of owner
654.325 Who
may prosecute damage action for death; damages unlimited
654.330 Fellow
servant negligence as defense
654.336 Comparative
negligence
SAFETY AND HEALTH PROFESSIONALS
654.400 Use
of title of industrial hygienist, occupational health and safety technologist,
construction health and safety technician or safety professional; cause of
action
654.402 Activities
permitted under other designation, certification or license
SAFETY OF HEALTH CARE EMPLOYEES
654.412 Definitions
for ORS 654.412 to 654.423
654.414 Duties
of health care employer; security and safety assessment; assault prevention
program; requirements
654.416 Required
records of assaults against employees; contents; rules
654.418 Protection
of employee of health care employer after assault by patient
654.421 Refusal
to treat certain patients by home health care employee
654.423 Use
of physical force by home health care employee in self-defense against assault
REPORTS OF ACCIDENTS TO PUBLIC UTILITY
COMMISSION
654.715 Report
of accidents to Public Utility Commission; investigation; supplemental reports;
rules
654.720 Public
inspection or use of reports as evidence prohibited
HAZARDOUS CHEMICALS USED IN AGRICULTURE
654.750 Definitions
for ORS 654.750 to 654.780
654.760 Rules
on hazardous chemicals, safety equipment and training
654.770 Basic
information available to agricultural employers for employees; content;
language
654.780 Providing
basic information to employees
PENALTIES
654.991 Penalties
SAFETY AND HEALTH CONDITIONS IN PLACES
OF EMPLOYMENT
654.001 Short title.
ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and 654.991 may
be cited as the Oregon Safe Employment Act. [1973 c.833 §2]
654.003 Purpose.
The purpose of the Oregon Safe Employment Act is to assure as far as possible
safe and healthful working conditions for every working man and woman in
Oregon, to preserve our human resources and to reduce the substantial burden,
in terms of lost production, wage loss, medical expenses, disability
compensation payments and human suffering, that is created by occupational
injury and disease. To accomplish this purpose the Legislative Assembly intends
to provide a procedure that will:
(1)
Encourage employers and employees to reduce the number of occupational safety
and health hazards and to institute new programs and improve existing programs
for providing safe and healthful working conditions.
(2)
Establish a coordinated program of worker and employer education, health and
safety consultative services, demonstration projects and research to assist
workers and their employers in preventing occupational injury and disease,
whatever the cause.
(3)
Authorize the Director of the Department of Consumer and Business Services and
the designees of the director to set reasonable, mandatory, occupational safety
and health standards for all employments and places of employment.
(4)
Provide an effective program, under the director, to enforce all laws,
regulations, rules and standards adopted for the protection of the life, safety
and health of employees, and in so doing, predominantly prioritize inspections
of places of employment to first focus enforcement activities upon places of
employment that the director reasonably believes to be the most unsafe.
(5)
Establish appropriate reporting and research procedures that will help achieve
the objectives of the Oregon Safe Employment Act, identify occupational hazards
and unsafe and unhealthy working conditions, and describe the nature of the
occupational safety and health problem.
(6)
Assure that Oregon assumes fullest responsibility, in accord with the federal
Occupational Safety and Health Act of 1970 (Public Law 91-596), for the
development, administration and enforcement of safety and health laws and
standards. [1973 c.833 §3; 1987 c.884 §55; 1999 c.1017 §1]
654.005 Definitions.
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” includes:
(a)
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.
(b)
Salaried, elected and appointed officials of the state, state agencies,
counties, cities, school districts and other public corporations.
(c)
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” includes:
(a)
Any person who has one or more employees.
(b)
Any sole proprietor or member of a partnership who elects workers’ compensation
coverage as a subject worker pursuant to ORS 656.128.
(c)
Any successor or assignee of an employer. As used in this paragraph, “successor”
means a business or enterprise that is substantially the same entity as the
predecessor employer according to criteria adopted by the department by rule.
(6)
“Owner” means 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, any organized group of persons, the state, state
agencies, counties, municipal corporations, school districts and other public
corporations or subdivisions.
(8)(a)
“Place of employment” includes:
(A)
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
(B)
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.
(b)
“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. [Amended by
1973 c.833 §4; 1975 c.102 §2; 1977 c.804 §34; 1987 c.373 §30; 1993 c.744 §17;
1999 c.433 §1; 2007 c.612 §1]
654.010 Employers to furnish safe place of
employment. Every employer shall furnish employment
and a place of employment which are safe and healthful for employees therein,
and shall furnish and use such devices and safeguards, and shall adopt and use
such practices, means, methods, operations and processes as are reasonably
necessary to render such employment and place of employment safe and healthful,
and shall do every other thing reasonably necessary to protect the life, safety
and health of such employees. [Amended by 1973 c.833 §5]
654.015 Unsafe or unhealthy place of
employment prohibited. No employer or owner shall
construct or cause to be constructed or maintained any place of employment that
is unsafe or detrimental to health. [Amended by 1973 c.833 §6]
654.020 Interference with safety devices
or methods prohibited; civil penalty. (1) No person
shall remove, displace, damage, destroy or carry off any safety device or
safeguard furnished and provided for use in any employment or place of
employment, or interfere in any way with the use thereof by any other person,
or interfere with the use of any method or process adopted for the protection
of any employee in such employment or place of employment.
(2)
If an employee is injured as a result of an employer’s violation of the
provisions of subsection (1) of this section, the employer shall be assessed a
civil penalty under ORS 654.086 (1)(c).
(3)
If removal or the rendering inoperative of a safety device or safeguard is
necessary for repair or maintenance work, injuries sustained while the repair
or maintenance work is being performed are exempted from this section. [Amended
by 1973 c.833 §7; 1977 c.869 §1]
654.022 Duty to comply with safety and
health orders, decisions and rules. Every
employer, owner, employee and other person shall obey and comply with every
requirement of every order, decision, direction, standard, rule or regulation
made or prescribed by the Department of Consumer and Business Services in
connection with the matters specified in ORS 654.001 to 654.295, 654.412 to
654.423 and 654.750 to 654.780, or in any way relating to or affecting safety
and health in employments or places of employment, or to protect the life,
safety and health of employees in such employments or places of employment, and
shall do everything necessary or proper in order to secure compliance with and
observance of every such order, decision, direction, standard, rule or
regulation. [Formerly 654.060; 1977 c.804 §35]
654.025 Jurisdiction and supervision of
Workers’ Compensation Board, director and other state agencies over employment
and places of employment; rules. (1) The
Director of the Department of Consumer and Business Services is vested with
full power and jurisdiction over, and shall have such supervision of, every
employment and place of employment in this state as may be necessary to enforce
and administer all laws, regulations, rules, standards and lawful orders
requiring such employment and place of employment to be safe and healthful, and
requiring the protection of the life, safety and health of every employee in
such employment or place of employment.
(2)
The director and the Workers’ Compensation Board may make, establish,
promulgate and enforce all necessary and reasonable regulations, rules,
standards, orders and other provisions for the purpose of carrying out their
respective functions under ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750
to 654.780, notwithstanding any other statutory provisions which may be to the
contrary. Nothing in ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to
654.780, however, shall authorize or require medical examination, immunization
or treatment for those who object thereto on religious grounds, except where
such is necessary to protect the health or safety of others.
(3)(a)
The director may enforce all regulations, rules and standards duly adopted by
any other state agency for the safety and health of employees.
(b)
This grant of concurrent jurisdiction and authority to the director shall not
be construed, however, as repealing or amending, or as derogating in any
respect from, the statutory jurisdiction and authority of any other state
agency to promulgate and enforce regulations, rules and standards and to
conduct inspections and investigations, except that no other state agency shall
issue the citations or assess the civil penalties provided in ORS 654.001 to
654.295, 654.412 to 654.423 and 654.750 to 654.780.
(c)
In the event a state of facts or condition constitutes a violation of more than
one rule, regulation, standard or order of the director or any other agency
pertaining to occupational safety or health, the state of facts or condition
shall be the basis for the issuance of only one citation and proceeding or the
assessment of only one penalty unless the statute specifically provides that a
continuation of a state of facts or a condition constitutes a new violation.
(d)
Where another state agency, pursuant to its statutory authority, proposes to
adopt a regulation, rule or standard relating to occupational safety or health,
such agency shall accord the director an opportunity to review such regulation,
rule or standard prior to its adoption for the purpose of assuring that
employers will not be asked to comply with contradictory or inconsistent
requirements or be burdened with an unnecessary duplication of occupational
safety and health codes, inspections or reports.
(4)
The board and the director may subpoena witnesses, administer oaths, take
depositions and fix the fees and mileage of witnesses and compel the attendance
of witnesses and the production of papers, books, accounts, documents and
testimony in any inquiry, investigation, hearing or proceeding in any part of
the state, and the board and the director shall provide for defraying the
expenses thereof.
(5)
The director and the board may do and perform all things, whether specifically
designated in ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780
or in addition thereto, which are necessary or convenient in the exercise of
any power, authority or jurisdiction conferred upon them by ORS 654.001 to
654.295, 654.412 to 654.423 and 654.750 to 654.780. The director’s authority
under this section shall include but is not limited to:
(a)
Designating by order or rule any named state employee or category of state
employees who shall have authority to exercise any of the duties and powers
imposed upon the director by law and whose act as authorized by the order or
rule shall be considered to be an official act of the director. The director
may designate local government employees with public health administration or
enforcement duties to exercise duties and powers imposed upon the director with
respect to ORS 654.174 (1) and (2).
(b)
Instituting any legal or equitable proceeding which would assist in the
enforcement of any state occupational safety or health law or any regulation,
rule, standard or order promulgated thereunder, including
but not limited to seeking injunctive relief to enjoin an employer from
operating the place of employment until the employer has complied with the
provisions of such law, regulation, rule, standard or order. Upon the filing of
a suit for an injunction by the director, the court shall set a day for hearing
and shall cause notice thereof to be served upon the employer. The hearing
shall be not less than five nor more than 15 days from the service of such
notice. [Amended by 1973 c.833 §9; 1977 c.804 §36; 1979 c.839 §23; 1985 c.423 §6]
654.030
[Amended by 1973 c.833 §24; renumbered 654.130]
654.031 Citation and order to correct
unsafe or unhealthy conditions. Whenever the
Director of the Department of Consumer and Business Services has reason to believe,
after an inspection or investigation, that any employment or place of
employment is unsafe or detrimental to health or that the practices, means,
methods, operations or processes employed or used in connection therewith are
unsafe or detrimental to health, or do not afford adequate protection to the
life, safety and health of the employees therein, the director shall issue such
citation and order relative thereto as may be necessary to render such
employment or place of employment safe and protect the life, safety and health
of employees therein. The director may in the order direct that such additions,
repairs, improvements or changes be made, and such devices and safeguards be
furnished, provided and used, as are reasonably required to render such employment
or place of employment safe and healthful, in the manner and within the time
specified in the order. [Formerly 654.045]
654.035 Scope of rules and orders.
(1) The Director of the Department of Consumer and Business Services may, by
general or special orders, or by regulations, rules, codes or otherwise:
(a)
Declare and prescribe what devices, safeguards or other means of protection and
what methods, processes or work practices are well adapted to render every
employment and place of employment safe and healthful.
(b)
Fix reasonable standards and prescribe and enforce reasonable orders for the
adoption, installation, use and maintenance of devices, safeguards and other
means of protection, and of methods, processes and work practices, including, but
not limited to, work practices qualifications for equipment, materials and
activities requiring special competence, to be as nearly uniform as possible,
as may be necessary to carry out all laws relative to the protection of the
life, safety and health of employees.
(c)
Fix and order reasonable standards for the construction, repair and maintenance
of places of employment and equipment that will render them safe and healthful.
(d)
Fix standards for routine, periodic or area inspections of places of employment
that are reasonably necessary in order to determine compliance with all
occupational safety and health laws and the regulations, rules and standards
adopted under occupational safety and health laws. Except for complaint
inspections, follow-up inspections, imminent danger inspections, referral
inspections and inspections to determine the cause of an occupational death,
injury or illness, all inspections shall be based on written neutral
administrative standards. The standards shall include a prioritized scheduling
system for inspections that predominantly focuses enforcement activities upon
places of employment that the director reasonably believes to be the most
unsafe. The standards shall be accessible to employers under ORS 192.410 to
192.505 for at least 36 months from the last date the standards are in effect.
The director shall notify in writing each employer whose place of employment is
rated by the director as one of the most unsafe places of employment in the
state of the increased likelihood of inspection of the employer’s place of
employment and of the availability of consultative services. The director may
by rule offer incentives to employers that elect consultative services before
an inspection is conducted. Nothing in this paragraph prevents the director
from conducting a random inspection of a place of employment as long as the
inspection is scheduled and conducted pursuant to written neutral
administrative standards.
(e)
Require the performance of any other act that the protection of the life,
safety and health of employees in employments and places of employment may
demand.
(2)
The director may not require the use of fall protection by workers engaged in
steel erection at heights lower than the heights at which fall protection
relating to steel erection is required by federal regulation. [Amended by 1973
c.833 §11; 1987 c.884 §9; 1999 c.1017 §2; 2003 c.595 §§1,2; 2005 c.27 §§1,2;
2007 c.686 §1]
654.040
[Repealed by 1973 c.833 §34 (654.290 enacted in lieu of 654.040, 654.065,
654.070, 654.075 and 654.080)]
654.045
[Amended by 1973 c.833 §10; renumbered 654.031]
654.047
[Formerly 654.225; 1965 c.285 §82; repealed by 1973 c.833 §15 (654.067 enacted
in lieu of 654.047, 654.222 and 654.232)]
654.050
[Amended by 1953 c.387 §2; 1957 c.436 §1; 1965 c.285 §69d; 1969 c.534 §1; 1971
c.251 §1; repealed by 1973 c.833 §19 (654.082 and 654.086 enacted in lieu of
654.050)]
654.055
[Repealed by 1973 c.833 §12 (654.056 and 654.078 enacted in lieu of 654.055)]
654.056 Variance from safety or health
standards; effect of variance on citations. (1)
Any employer may apply to the Director of the Department of Consumer and
Business Services, pursuant to regulations and procedures adopted by the
director, for an order granting the employer a variance from a particular
safety or health regulation, rule or standard.
(2)
The director may grant a temporary variance only if the employer demonstrates
by a preponderance of the evidence that:
(a)
The employer is unable to comply with a new regulation, rule or standard by its
effective date;
(b)
The employer has an effective program for complying with the law as quickly as
practicable; and
(c)
The employer is taking all available steps in the interim to safeguard the
employees of the employer against the hazards covered by the regulation, rule
or standard.
(3)
The director may grant a permanent variance only if the employer demonstrates
by a preponderance of the evidence that the conditions, practices, means,
methods, operations or processes used or proposed to be used by the employer
will provide employment and a place of employment which are as safe and
healthful as those which would prevail if the employer complied with the
regulation, rule or standard.
(4)
Where the director proposes to deny a request for a variance, the employer
shall be given an opportunity for a hearing before the Workers’ Compensation
Board in which the employer may contest the proposed denial.
(5)
Where the director proposes to grant a variance, the affected employees shall
be given an opportunity for a hearing before the board in which they may
contest the proposed variance.
(6)
A request for a variance which is filed after an inspection or investigation by
the director will not act to stay or dismiss any citation which may result from
such inspection or investigation, and an order granting the requested variance
shall have no retroactive effect.
(7)
An order granting a variance may be modified or revoked by the director upon
the director’s own motion or upon the application of the employer or an
affected employee or representative of the employee, in the manner prescribed
for its issuance at any time after six months from its issuance. [1973 c.833 §13
(enacted in lieu of 654.055); 1977 c.804 §37]
654.060
[Amended by 1973 c.833 §8; renumbered 654.022]
654.062 Notice of violation to employer by
worker; complaint by worker to director; inspection; protection of complaining
employees. (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 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, 654.412 to 654.423
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, 654.412 to 654.423 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, 654.412 to 654.423 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 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, 654.412 to 654.423 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. [Formerly 654.235; 1973 c.833 §14; 1983 c.275 §1; 1999 c.55 §3; 2001 c.621
§82; 2005 c.198 §1; 2007 c.279 §1]
654.065
[Repealed by 1973 c.833 §34 (654.290 enacted in lieu of 654.040, 654.065,
654.070, 654.075 and 654.080)]
654.067 Inspection of places of
employment; denial of access; warrants; safety and health consultation with
employees. (1) In order to carry out the purposes
of ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780, the
Director of the Department of Consumer and Business Services, upon presenting
appropriate credentials to the owner, employer or agent in charge, is
authorized:
(a)
To enter without delay and at reasonable times any place of employment; and
(b)
To inspect and investigate during regular working hours and at other reasonable
times, and within reasonable limits and in a reasonable manner, any such place
of employment and all pertinent conditions, structures, machines, apparatus,
devices, equipment and materials therein, and to question privately the owner,
employer, agents or employees.
(2)
No person shall give an owner, employer, agent or employee advance notice of
any inspection to be conducted under ORS 654.001 to 654.295, 654.412 to 654.423
and 654.750 to 654.780 of any place of employment without authority from the
director.
(3)
Except in the case of an emergency, or of a place of employment open to the
public, if the director is denied access to any place of employment for the
purpose of an inspection or investigation, such inspection or investigation
shall not be conducted without an inspection warrant obtained pursuant to ORS
654.202 to 654.216, or without such other authority as a court may grant in an
appropriate civil proceeding. Nothing contained herein, however, is intended to
affect the validity of a constitutionally authorized inspection conducted
without an inspection warrant.
(4)
A representative of the employer and a representative authorized by the employees
of the employer shall be given an opportunity to accompany the director during
the inspection of any place of employment for the purpose of aiding such
inspection. When there is no employee representative, or the employee
representative is not an employee of the employer, the director should consult
with a reasonable number of employees concerning matters of safety and health
in the place of employment.
(5)
The representative of the employer may, at the employer’s option, be an
attorney retained by the employer. [1973 c.833 §16 (enacted in lieu of 654.047,
654.222 and 654.232); 1999 c.1017 §3]
654.070
[Repealed by 1973 c.833 §34 (654.290 enacted in lieu of 654.040, 654.065,
654.070, 654.075 and 654.080)]
654.071 Citation for safety or health
standard violations; effect of failure to correct violation; posting of
citations and notices by employer. (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 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 start of the inspection
or investigation, 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 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, 654.412 to 654.423 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. [1973 c.833 §17; 1981 c.696 §4; 1999 c.72 §1; 1999 c.1017 §4]
654.074 [1973
c.833 §17a; repealed by 1977 c.804 §55]
654.075
[Repealed by 1973 c.833 §34 (654.290 enacted in lieu of 654.040, 654.065,
654.070, 654.075 and 654.080)]
654.078 Contesting violations; hearing;
admissibility in criminal or civil proceedings of stipulations involving
violations. (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 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 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, 654.412 to 654.423 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. [1973 c.833 §18 (enacted in lieu
of 654.055); 1977 c.804 §38; 2007 c.432 §1]
654.080
[Repealed by 1973 c.833 §34 (654.290 enacted in lieu of 654.040, 654.065,
654.070, 654.075 and 654.080)]
654.082 Prohibiting use of equipment
involved in violation; red warning notice. (1)
The Director of the Department of Consumer and Business Services, or an authorized
representative of the director with the approval of the director or, pursuant
to such rules and procedures as the director may prescribe, with the approval
of the director, to preclude exposure to a condition which, if such exposure
occurred would constitute a violation of any statute, or of any lawful
regulation, rule, standard or order affecting employee safety or health at a
place of employment, may preclude exposure by prohibiting use of the machine,
equipment, apparatus or place of employment constituting such condition. When
use is prohibited a red warning notice shall be posted in plain view of any
person likely to use the same, calling attention to the condition, defect, lack
of safeguard or unsafe or unhealthful place of employment and the fact that
further use is prohibited.
(2)
No person shall use or operate any place of employment, machine, device,
apparatus or equipment, after the red warning notice required by this section
is posted, before such place of employment, machine, device, apparatus or
equipment is made safe and healthful, and the required safeguards or safety
appliances or devices are provided, and authorization for the removal of such
red warning notice has been obtained from the director. However, nothing in
this subsection prohibits an employer from directing employees to use or
operate any such place of employment, machine, device, apparatus or equipment
exclusively for the purpose of remedying the violation as specifically
designated by the director in the red warning notice.
(3)
No person shall deface, destroy or remove any red warning notice posted
pursuant to this section until authorization for the removal of such notice has
been obtained from the director. [1973 c.833 §20 (enacted in lieu of 654.050);
1975 c.102 §3; 1977 c.804 §39; 1977 c.869 §2a]
654.085
[Amended by 1973 c.833 §33; renumbered 654.285]
654.086 Civil penalty for violations;
classification of violations; payment and disposition of penalty moneys.
(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, 654.412 to 654.423 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, 654.412 to 654.423 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 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, 654.412 to 654.423 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. [1973 c.833 §21 (enacted in
lieu of 654.050); 1981 c.696 §5; 1983 c.696 §22; 1985 c.423 §4; 1987 c.884 §56;
1989 c.962 §20; 1991 c.67 §159; 1991 c.570 §1; 1991 c.640 §2; 1995 c.640 §1;
2001 c.310 §4; 2007 c.432 §2]
654.090 Occupational safety and health
activities; voluntary compliance; rules; consultative services.
In order to carry out the purposes of ORS 654.001 to 654.295, 654.412 to
654.423 and 654.750 to 654.780 and encourage voluntary compliance with
occupational safety and health laws, regulations and standards and to promote
more effective workplace health and safety programs, the Director of the
Department of Consumer and Business Services shall:
(1)
Develop greater knowledge and interest in the causes and prevention of
industrial accidents, occupational diseases and related subjects through:
(a)
Research, conferences, lectures and the use of public communications media;
(b)
The collection and dissemination of accident statistics; and
(c)
The publication and distribution of training and accident prevention materials,
including audio and visual aids.
(2)
Appoint advisers who shall, without compensation, assist the director in
establishing standards of safety and health. The director may adopt and
incorporate in its regulations, rules and standards such safety and health
recommendations as it may receive from such advisers.
(3)
Provide consultative services for employers on safety and health matters and
prescribe procedures which will permit any employer to request a special
inspection or investigation, focused on specific problems or hazards in the
place of employment of the employer or to request assistance in developing a
plan to correct such problems or hazards, which will not directly result in a
citation and civil penalty.
(4)
Place emphasis, in the research, education and consultation program, on
development of a model for providing services to groups of small employers in
particular industries and their employees.
(5)
Separately administer the voluntary compliance and research, education and
consultation activities described in this section and the enforcement
activities described in ORS 654.025 to 654.086. [Amended by 1965 c.285 §69h;
1973 c.833 §22; 1987 c.884 §57; 1997 c.249 §198]
654.092
[Formerly 654.255; repealed by 1965 c.285 §95]
654.093
[Formerly 654.265; repealed by 1973 c.833 §48]
654.094
[Formerly 654.270; repealed by 1965 c.285 §95]
654.095
[Amended by 1965 c.285 §69e; repealed by 1973 c.833 §48]
654.096
[Formerly 654.275; repealed by 1967 c.92 §5]
654.097 Consultative services required;
program standards; rules. (1)(a) An insurer that provides
workers’ compensation coverage to employers pursuant to ORS chapter 656 shall
furnish occupational safety and health loss control consultative services to
its insured employers in accordance with standards established by the Director
of the Department of Consumer and Business Services.
(b)
A self-insured employer shall establish and implement an occupational safety
and health loss control program in accordance with standards established by the
director.
(2)
An insurer or self-insured employer may furnish any of the services required by
this section through an independent contractor.
(3)
The program of an insurer for furnishing loss control consultative services as
required by this section shall be adequate to meet the minimum standards
prescribed by the director by rule from time to time. Such services shall
include the conduct of workplace surveys to identify health and safety
problems, review of employer injury records with appropriate persons and
development of plans for improvement of employer health and safety loss
records. At the time a workers’ compensation insurance policy is issued and on
an annual basis thereafter, the insurer shall notify its insured employers of
the loss control consultative services that the insurer is required by rule to
offer, without additional charge as provided in this section, and shall provide
a written description of the services that the insurer does offer.
(4)
The insurer shall not charge any fee in addition to the insurance premium for
safety and health loss control consultative services.
(5)
Each insurer shall make available, at the request of the director and in the
form prescribed by the director, its annual expenditures for safety and health
loss control activities for the prior year and its budget for safety and health
loss control activities for the following year.
(6)
As used in this section, “employer,” “insurer” and “self-insured employer” have
the meaning for those terms provided in ORS 656.005. [Formerly 656.451; 2007
c.241 §21]
Note:
654.097 was added to and made a part of 654.001 to 654.295 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
654.100
[Repealed by 1973 c.833 §31 (654.251 enacted in lieu of 654.100)]
654.101 Voluntary safety and health
consultation; refusal to disclose report. (1) As
used in this section, unless the context requires otherwise:
(a)
“Safety and health consultation” means a voluntary review or inspection of a
facility or equipment to improve workplace safety. “Safety and health
consultation” does not include:
(A)
An investigation of an occupational accident, illness or disease; or
(B)
A discussion between employees of an employer or between employees of several
employers in a multiemployer work setting.
(b)
“Safety and health consultation report” means documentation of a safety and
health consultation, including recommendations and supporting documents created
by a consultant.
(2)
In any inspection, investigation or administrative proceeding under ORS 654.001
to 654.295, 654.412 to 654.423 and 654.750 to 654.780, an employer for which a
safety and health consultation has occurred may refuse to disclose and may
prevent any other person from disclosing a safety and health consultation
report that results from the safety and health consultation. [1999 c.584 §2]
Note:
654.101 was added to and made a part of 654.001 to 654.295 and 654.750 to
654.780 by legislative action but was not added to any smaller series therein.
See Preface to Oregon Revised Statutes for further explanation.
654.105 [1957
c.156 §1; 1959 c.684 §1; repealed by 1973 c.833 §29 (654.241 enacted in lieu of
654.105 and 654.226)]
654.110 [1957
c.156 §2; 1959 c.684 §3; repealed by 1971 c.251 §2]
654.120 Records of proceedings; confidentiality
of certain information; federal reporting requirements; rules.
(1) The Department of Consumer and Business Services shall maintain, for a
reasonable time, records of all inspections, investigations, employee
complaints, employer reports, citations, hearings, proceedings and any other
matters necessary for achieving the purposes of ORS 654.001 to 654.295, 654.412
to 654.423 and 654.750 to 654.780.
(2)
Each employer shall keep records, in the manner prescribed by the Director of
the Department of Consumer and Business Services, of work-related deaths and
serious injuries and illnesses, and of such other relevant occupational safety
and health matters as are reasonably necessary for achieving the purposes of
ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780. Each
employer shall notify the director forthwith of the work-related death of any
employee of the employer, and shall make such other reports as the director may
reasonably prescribe by rule or order.
(3)
All information reported to or otherwise obtained by the department in
connection with any matter or proceeding under ORS 654.001 to 654.295, 654.412
to 654.423 and 654.750 to 654.780 which contains or which might reveal a trade
secret referred to in section 1905, title 18, United States Code, shall be
considered confidential for the purposes of that section, except that such
information may be disclosed to other officers or employees of the department
or other agencies concerned with carrying out their duties under ORS 654.001 to
654.295, 654.412 to 654.423 and 654.750 to 654.780 or when relevant in any
proceeding under ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to
654.780 or under 654.991. In any such matter or proceeding the department, the
other state agency, the Administrative Law Judge, the Workers’ Compensation
Board or the court shall issue such orders as may be appropriate to protect the
confidentiality of trade secrets.
(4)
The director will make reports to the Secretary of Labor of the United States
in such form and containing such information as the Secretary of Labor shall
from time to time require pursuant to the Occupational Safety and Health Act of
1970 (Public Law 91-596).
(5)
Nothing contained in ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to
654.780 shall relieve an employer from making such reports to the Secretary of
Labor of the United States as may be required by federal law. [1973 c.833 §23;
1977 c.804 §40]
654.130 Proceedings against unwilling
witnesses. (1) The Director of the Department of
Consumer and Business Services or the Workers’ Compensation Board, or the
authorized representative or designee of the director or the board before whom
testimony is to be given or produced, in case of the refusal of any witness to
attend or testify or produce any papers as required by subpoena, may report to
the circuit court in the county in which the inquiry, investigation, hearing or
other proceeding is pending, by petition setting forth that due notice has been
given of the time and place of attendance of the witness, or the production of
the papers, and that the witness has been subpoenaed in the manner prescribed
and that the witness has failed and refused to attend or produce the papers
required by the subpoena or has refused to answer questions propounded to the
witness in the course of such proceeding, and ask an order of the court to
compel the witness to attend and testify or produce said papers.
(2)
The court, upon receiving the petition, shall enter an order directing the
witness to appear before the court at a time and place to be fixed in such
order, the time to be not more than 10 days from the date of the order, and
then and there show cause why the witness has not attended and testified or
produced the papers.
(3)
A copy of the order shall be served upon the witness.
(4)
If it is apparent to the court that the subpoena was regularly issued, the
court shall thereupon enter an order that the witness appear before the
director or the board or the authorized representative or designee of the
director or the board at a time and place to be fixed in such order, and
testify and produce the required papers and upon failure to obey the order the
witness shall be dealt with as for contempt of court. [Formerly 654.030; 1979
c.839 §24]
654.150 Sanitary facilities at
construction projects; standards; exemptions. (1) At
the site of every construction project estimated to cost $1 million or more the
employer or owner of such place of employment shall provide toilet facilities
and facilities for maintaining personal cleanliness for the use of employees on
the construction project. Flush toilets shall be provided and the washing
facilities shall consist of warm water, wash basins and soap. A building or a
mobile, self-contained unit may be provided for such facilities. The number,
types and maintenance of facilities shall conform to minimum standards set by
the Director of the Department of Consumer and Business Services.
(2)
Subsection (1) of this section does not apply to highway construction or
maintenance projects or to electricity, water, sewer or gas transmission
facility construction or maintenance projects.
(3)
The director may, by order, exempt or partially exempt, individual or classes
of construction projects from the requirements of subsection (1) of this
section when conditions are such that compliance is impractical or impossible. [1975
c.751 §2; 1993 c.450 §1]
654.154 [1995
c.163 §2; renumbered 654.172 in 2005]
654.155
[Repealed by 1973 c.833 §48]
654.160 Applicability of ORS 654.150 to be
included in construction contracts; liability for cost of compliance.
(1) A statement as to whether or not ORS 654.150 applies at the construction
site shall be included in the contract for a construction project. If the
contract states that ORS 654.150 applies, the owner shall also include in the
contract documents a provision designating which party to the contract is
responsible for any costs that may be incurred in complying with ORS 654.150
and the rules adopted pursuant thereto.
(2)
The owner of a construction site is liable to any contractor who is an employer
at the site for costs incurred by the contractor if:
(a)
Representatives of the Director of the Department of Consumer and Business
Services decide that ORS 654.150 applies to the construction project, and the
contract documents did not designate which party to the contract for the
project was responsible for complying with ORS 654.150 and the rules adopted
pursuant thereto; and
(b)
The contractor incurs additional costs in complying with ORS 654.150.
(3)
In addition to being liable for the amount of the additional costs incurred, as
provided by subsection (2) of this section, the owner is liable for interest on
the amount at the rate of one percent per month from the date such contractor
makes demand upon the owner to reimburse the contractor for such costs until
the contractor is paid. [1977 c.129 §2]
654.165 Employees not required to work
bare-handed or rubber-gloved on high voltage lines.
No employer shall require an employee to perform bare-handed or rubber-gloved
work on a live electrical line with a voltage of 5,000 volts or greater. [1991
c.549 §2]
Note:
654.165 was added to and made a part of 654.001 to 654.295 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
654.170 Stairway railings and guards not
required for certain public and historic buildings.
Nothing in ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780
requires the installation of railings or guards on exterior stairways providing
access to and egress from the State Capitol Building or the grand staircases to
the chambers of the Senate and House of Representatives in the rotunda of the
State Capitol Building or any staircase in any public monument or memorial or
building of historic significance. [1977 c.780 §2]
654.172 Exemption from inspection or
investigation for certain agricultural activities.
(1) Notwithstanding any other provision of the Oregon Safe Employment Act, an
employer engaged in agricultural activities with 10 or fewer agricultural
employees is exempt from inspection or investigation under ORS 654.067 under
the following conditions:
(a)
There has not been a complaint filed pursuant to ORS 654.062 or, within the
preceding two-year period, an accident at the employer’s agricultural place of
employment resulting in death or serious disabling injury from violation of the
Oregon Safe Employment Act or rules adopted pursuant thereto.
(b)
The employer and principal supervisors of the agricultural employees annually
attend four hours of instruction on agricultural safety rules and procedures at
a course conducted or approved by the Director of the Department of Consumer
and Business Services.
(c)
The agricultural activities are inspected once every four years by an
individual acting in a safety consultant capacity, and all violations found
upon inspection are remedied within 90 days of the date of inspection.
(2)
In order to promote communication and understanding between the director and
agricultural interests, the director shall appoint an agricultural advisory
committee of seven agricultural employers, each with 10 or fewer agricultural
employees, to review and consult with the director on the administration of the
Oregon Safe Employment Act with regard to agricultural activities. [Formerly
654.154]
654.174 Sanitation facilities for workers
harvesting food crops; employer to post notice; rules.
(1) Employers of workers who are engaged in field activities for the growing
and harvesting of food crops intended for human consumption shall provide for
such workers at convenient locations, and in accordance with such rules as the
Director of the Department of Consumer and Business Services may prescribe:
(a)
Toilet facilities that are maintained in clean and sanitary condition, of such
design and construction as to provide privacy and to prevent crop contamination
and, where practicable, one toilet for each sex.
(b)
Handwashing facilities that provide clean water, soap
or other suitable cleansing agent, paper towels and a method for disposal of
used towels and wash water to avoid crop contamination.
(c)
Clean, potable drinking water served in a sanitary manner, which may include
but is not limited to containers with spigots and tight fitting lids and
disposable cups sufficient in number for each worker.
(2)
Every employer required to comply with subsection (1) of this section shall
keep conspicuously posted a notice describing the requirements of that subsection
and advising where complaints may be filed. The notice must be in the English
language and in the language spoken by the majority of the employees.
(3)
The director shall promulgate rules to implement subsections (1) and (2) of
this section which shall not be less protective than the rules on those
subjects that are operative on July 9, 1985. [1985 c.423 §§2,3,5]
654.175
[Repealed by 1969 c.534 §2]
WORKPLACE SAFETY COMMITTEES
654.176 Safety committee or safety meeting
required. To promote health and safety in places
of employment in this state, every public or private employer shall, in
accordance with rules adopted pursuant to ORS 654.182, establish and administer
a safety committee or hold safety meetings. [1981 c.488 §2; 1990 c.2 §1; 1995
c.83 §1; 2007 c.448 §1]
654.180
[Repealed by 1969 c.534 §2]
654.182 Rules for ORS 654.176; contents.
(1) In carrying out ORS 654.176, the Director of the Department of Consumer and
Business Services shall adopt rules that include, but are not limited to,
provisions:
(a)
Prescribing the membership of the committees to 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. [1981 c.488 §3; 1990 c.2 §2;
1991 c.746 §2; 2007 c.448 §2]
654.187
[1981 c.488 §4; repealed by 1991 c.746 §1]
654.189 Safe Employment Education and
Training Advisory Committee; members; terms; expenses; duties; meetings.
(1) The Director of the Department of Consumer and Business Services may
appoint a Safe Employment Education and Training Advisory Committee composed of
seven members: Three representing employees, three representing employers and
one representing the Department of Consumer and Business Services. The
committee shall elect its chairperson.
(2)
The members of the committee shall be appointed for a term of three years and
shall serve at the pleasure of the director. Before the expiration of the term
of a member, the director shall appoint a successor. A member is eligible for
reappointment. If there is a vacancy for any cause, the director shall make an
appointment to become immediately effective.
(3)
The members shall serve without compensation, but shall be entitled to travel
expenses pursuant to ORS 292.495.
(4)
The duties of the committee shall be determined by the director and shall
include, but not be limited to:
(a)
Recommending to the director:
(A)
Occupational Safety and Health Grant application procedures and criteria for
grant approval;
(B)
Occupational Safety and Health Grant recipients; and
(C)
Revocation of grants to recipients failing to comply with grant criteria
established by the director pursuant to ORS 654.191.
(b)
Receiving and processing Occupational Safety and Health Grant applications.
(5)
The committee shall meet at least once every three months at a place, day and
hour determined by the committee. The committee shall also meet at other times
and places specified by a majority of the members of the committee or the
chairperson of the committee. A majority of the members of the committee
constitutes a quorum for the transaction of business. [1989 c.857 §3]
654.191 Occupational Safety and Health
Grant program; rules. (1) The Director of the
Department of Consumer and Business Services, in consultation with the Safe
Employment Education and Training Advisory Committee, shall establish an
Occupational Safety and Health Grant program to fund the education and training
of employees in safe employment practices and conduct and to promote the
development of employer-sponsored health and safety programs.
(2)
The director shall adopt rules establishing:
(a)
Grant application procedures and criteria for grant approval; and
(b)
Procedures for revocation of grants to recipients failing to comply with grant
criteria established by the director pursuant to this section.
(3)
The director, after reviewing the recommendation of the Safe Employment
Education and Training Advisory Committee, shall approve or deny an application
for an Occupational Safety and Health Grant. If the director approves a grant
under this section, the director shall set the amount of the grant awarded to
the grant recipient.
(4)
The director shall monitor grant recipients for compliance with grant criteria
and procedures established by the director.
(5)
The grants awarded under this section shall be funded only from the civil
penalties paid into the Consumer and Business Services Fund under ORS 654.086. [1989
c.857 §2]
654.192 Labor organization not liable for
injury resulting from absence of safety or health provision.
When an employee incurs an injury compensable under ORS chapter 656, the
discussion or furnishing, or failure to discuss or furnish, or failure to
enforce any safety or health provision to protect employees against work
injuries, in any collective bargaining agreement or negotiations thereon, shall
not subject a labor organization representing the injured employee to any civil
liability for the injury. [1981 c.488 §5]
HAZARD COMMUNICATION AND HAZARDOUS
SUBSTANCES
654.194 [1985
c.683 §2; repealed by 1999 c.232 §1]
654.196 Rules on contents of piping
systems; posting notice on right to be informed of hazardous substances;
withholding of information under certain circumstances.
(1) The Director of the Department of Consumer and Business Services may by
rule require employers to provide information to employees relating to the
contents of piping systems. The rules shall include, but need not be limited to
requirements for:
(a)
Labeling piping systems to provide notice about hazardous chemicals contained
in the system; and
(b)
Labeling a piping system that uses asbestos as a pipe insulation material.
(2)
Every employer shall post a sign in the location where notices to employees are
normally posted to inform employees that they have a right under this section
and ORS 453.317 (6) to information from the employer regarding hazardous
substances found in the place of employment.
(3)
The sign required under subsection (2) of this section shall include, but need
not be limited to, the following information and shall be substantially in the
following form:
______________________________________________________________________________
NOTICE TO EMPLOYEES
You
have a right under state law to information about hazardous substances found in
your place of employment. For this information, contact your employer.
______________________________________________________________________________
(4)
Notwithstanding any other provision of this chapter or ORS 192.410 to 192.505,
an employer may withhold the precise chemical name of a chemical only if the
employer can substantiate that:
(a)
The chemical name is a trade secret with commercial value that can be protected
only by limiting disclosure; and
(b)
The commercial value of the product cannot be preserved by withholding the
processes, mixture percentages or other aspects of the production of the
product instead of its chemical constituents.
(5)
A trade secret designation claimed under subsection (4) of this section may be
subject to yearly review.
(6)
Notwithstanding any other provision of this chapter or ORS 192.410 to 192.505,
if a treating physician or health professional concludes that the chemical
identity of a hazardous chemical used in an employer’s place of employment is
necessary to prescribe necessary treatment for a patient, the employer may not
require the physician or health professional to sign a confidentiality
agreement as a condition to the release of the information by the employer,
manufacturer or importer. [1985 c.683 §§3,4,5; 1999 c.232 §2; 2005 c.825 §18]
INJURED WORKERS’ MEMORIAL SCHOLARSHIP
654.200 Scholarship account; use;
standards for eligibility. (1) There is established in the
Consumer and Business Services Fund the Workers’ Memorial Scholarship Account.
Only the interest earned on moneys in the account shall be used by the Director
of the Department of Consumer and Business Services for the establishment and
administration of a scholarship program to pay education related expenses of
the spouses and children of workers who are killed or who have received a
permanent total disability award from injury on the job. A maximum of $250,000
to carry out the provisions of this section shall be credited to the account
from civil penalties recovered pursuant to ORS 654.086.
(2)
The director shall consult with the Safe Employment Education and Training
Advisory Committee established pursuant to ORS 654.189 in determining the
appropriate scholarship standard and in selecting the recipients. [1991 c.395 §2;
1993 c.597 §1; 1999 c.1058 §1]
HEALTH AND SANITATION INSPECTIONS
654.202 Issuance of warrants for safety
and health inspections. Magistrates authorized to issue
search warrants may, upon application of the Director of the Department of
Consumer and Business Services, or any public officer, agent or employee of the
director acting in the course of official duties, issue an inspection warrant
whenever an inspection or investigation of any place of employment is required
or authorized by any state or local statute, ordinance or regulation relating
to occupational safety or health. The inspection warrant is an order
authorizing the safety or health inspection or investigation to be conducted at
a designated place of employment. [1971 c.405 §1; 1973 c.833 §25; 1977 c.804 §41]
654.205
[Repealed by 1959 c.516 §6]
654.206 Grounds for issuance of inspection
warrants; requirements of affidavit. (1) An
inspection warrant shall be issued only upon cause, supported by affidavit,
particularly describing the applicant’s status in applying for the warrant
hereunder, the statute, ordinance or regulation requiring or authorizing the
inspection or investigation, the place of employment to be inspected or
investigated and the purpose for which the inspection or investigation is to be
made including the basis upon which cause exists to inspect. In addition, the
affidavit shall contain either a statement that entry has been sought and
refused or facts or circumstances reasonably showing that the purposes of the
inspection or investigation might be frustrated if entry were sought without an
inspection warrant.
(2)
Cause shall be deemed to exist if reasonable legislative or administrative
standards for conducting a routine, periodic or area inspection are satisfied
with respect to the particular place of employment, or there is probable cause
to believe that a condition of nonconformity with a safety or health statute,
ordinance, regulation, rule, standard or order exists with respect to the particular
place of employment, or an investigation is reasonably believed to be necessary
in order to determine or verify the cause of an employee’s death, injury or
illness. [1971 c.405 §2; 1973 c.833 §26]
654.210
[Repealed by 1959 c.516 §6]
654.212 Procedure for issuance of inspection
warrant by magistrate. (1) Before issuing an inspection
warrant, the magistrate may examine under oath the applicant and any other
witness and shall be satisfied of the existence of grounds for granting such
application.
(2)
If the magistrate is satisfied that cause for the inspection or investigation
exists and that the other requirements for granting the application are
satisfied, the magistrate shall issue the warrant, particularly describing the
name and title of the person or persons authorized to execute the warrant, the
place of employment to be entered and the purpose of the inspection or
investigation. The warrant shall contain a direction that it be executed on any
day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the
magistrate has specially determined upon a showing that it cannot be
effectively executed between those hours, that it be executed at any additional
or other time of the day or night. [1971 c.405 §3; 1973 c.833 §27; 1987 c.158 §126]
654.215
[Repealed by 1959 c.516 §6]
654.216 Execution of inspection warrants.
(1) Except as provided in subsection (2) of this section, in executing an
inspection warrant, the person authorized to execute the warrant shall, before
entry, make a reasonable effort to present the person’s credentials, authority
and purpose to an occupant or person in possession of the place of employment
designated in the warrant and show the occupant or person in possession of the
place of employment the warrant or a copy thereof upon request.
(2)
In executing an inspection warrant, the person authorized to execute the
warrant need not inform anyone of the person’s authority and purpose, as
prescribed in subsection (1) of this section, but may promptly enter the
designated place of employment if it is at the time unoccupied or not in the
possession of any person or at the time reasonably believed to be in such
condition.
(3)
A peace officer may be requested to assist in the execution of the inspection
warrant.
(4)
An inspection warrant must be executed and returned to the magistrate by whom
it was issued within 10 days from its date, unless such magistrate before the
expiration of such time, by indorsement thereon,
extends the time for five days. After the expiration of the time prescribed by
this subsection, the warrant unless executed is void. [1971 c.405 §4; 1973
c.833 §28]
654.220
[Repealed by 1959 c.516 §6]
654.222 [1971
c.405 §5; repealed by 1973 c.833 §15 (654.067 enacted in lieu of 654.047,
654.222 and 654.232)]
654.225
[Amended by 1959 c.516 §1; renumbered 654.047]
654.226 [1971
c.405 §6; repealed by 1973 c.833 §29 (654.241 enacted in lieu of 654.105 and
654.226)]
654.230
[Repealed by 1959 c.516 §6]
654.232 [1971
c.405 §7; repealed by 1973 c.833 §15 (654.067 enacted in lieu of 654.047,
654.222 and 654.232)]
654.235
[Amended by 1959 c.516 §2; renumbered 654.062]
654.240
[Repealed by 1959 c.516 §6]
654.241 [1973
c.833 §30 (enacted in lieu of 654.105 and 654.226); repealed by 1975 c.102 §4]
654.245 [Repealed
by 1959 c.516 §6]
654.250
[Repealed by 1959 c.516 §6]
654.251 Assistance to director from other
state agencies; inspection of farm labor camps and facilities.
(1) The Bureau of Labor and Industries and any other state agency which is
vested under separate statute with the authority to make inspections of places
of employment, or to promulgate regulations, rules or standards relating to
particular areas of occupational safety and health, shall render such advice
and assistance to the Director of the Department of Consumer and Business
Services as the director may reasonably request or prescribe in order to carry
out the purposes of ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to
654.780. When any state agency completes an inspection of a place of
employment, it shall promptly notify the director and the affected employer of
any condition that may violate any occupational safety or health law,
regulation, rule or standard.
(2)
In addition to the inspection authority granted to the director and the
representatives and designees of the director by ORS 654.001 to 654.295,
654.412 to 654.423 and 654.750 to 654.780, the Bureau of Labor and Industries
may inspect farm labor camps, fields and facilities prior to occupancy and as
reasonably necessary or appropriate thereafter, and shall report any violation
of occupational safety or health laws, regulations, rules or standards to the
director or the designees of the director. [1973 c.833 §32 (enacted in lieu of
654.100); 1987 c.414 §160]
654.255
[Amended by 1955 c.643 §1; 1957 c.492 §1; 1959 c.516 §3; renumbered 654.092]
654.260
[Amended by 1955 c.643 §2; repealed by 1959 c.516 §6]
654.265
[Amended by 1955 c.644 §1; renumbered 654.093]
654.270
[Renumbered 654.094]
654.275
[Amended by 1959 c.516 §4; renumbered 654.096]
654.285 Admissibility of rules and orders
of department in evidence in proceedings under ORS 654.001 to 654.295, 654.412
to 654.423 and 654.750 to 654.780. Except as
provided in ORS 654.078 (7), every regulation, rule, standard, finding,
decision and order of the Department of Consumer and Business Services, general
or special, made and entered under the provisions of ORS 654.001 to 654.295,
654.412 to 654.423 and 654.750 to 654.780 and which has become final by
operation of law or on appeal, shall be admissible as evidence in any hearing,
civil proceeding or criminal prosecution conducted under the provisions of this
chapter and shall, in every such hearing, proceeding or prosecution, be
conclusively presumed to be reasonable and lawful and to fix a reasonable and
proper standard and requirement of safety and health. [Formerly 654.085; 1977
c.804 §42]
654.290 Applicability of Administrative
Procedures Act; Administrative Law Judge qualifications.
(1) Promulgation by the Director of the Department of Consumer and Business
Services or by the Workers’ Compensation Board of regulations, rules and
standards authorized by ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750
to 654.780, and any judicial review thereof, shall be as provided in ORS
chapter 183.
(2)
Notwithstanding ORS 183.315 (1), the issuance of orders pursuant to ORS 654.001
to 654.295, 654.412 to 654.423 and 654.750 to 654.780, the conduct of hearings
in contested cases and the judicial review thereof shall be as provided in ORS
chapter 183, except that:
(a)
The chairperson of the Workers’ Compensation Board or the designee of the
chairperson shall employ Administrative Law Judges to hold hearings in
contested cases.
(b)
The order of an Administrative Law Judge in a contested case shall be deemed to
be a final order of the board.
(c)
The director shall have the same right to judicial review of the order of an
Administrative Law Judge as any person who is adversely affected or aggrieved
by such final order.
(d)
Affected employees or their authorized representative shall be accorded an
opportunity to participate as parties in hearings.
(3)
Administrative Law Judges shall be members in good standing of the Oregon State
Bar and possess such other qualifications as the board may prescribe, and shall
be employed in accordance with ORS 656.724. [1973 c.833 §35 (enacted in lieu of
654.040, 654.065, 654.070, 654.075 and 654.080); 1975 c.759 §18; 1977 c.804 §43;
1999 c.876 §1]
654.293 Representation of employer by attorney
permitted. Neither ORS 9.320 nor any provision in
the Oregon Safe Employment Act shall be construed to deny an employer the right
to be represented by an attorney or any other authorized representative
designated by the employer in any proceedings under ORS 654.001 to 654.295,
654.412 to 654.423 and 654.750 to 654.780. [1975 c.370 §2]
654.295 Application of Oregon Safe
Employment Act. (1) Nothing contained in ORS
654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 shall invalidate
any existing occupational safety or health regulation, rule, standard or order
which is not clearly inconsistent with the purposes and provisions of ORS
654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780.
(2)
Where any part of a law, regulation, rule, standard or order is found to be
clearly inconsistent with ORS 654.001 to 654.295, 654.412 to 654.423 and
654.750 to 654.780 and declared to be invalid, it is the intent of the
Legislative Assembly that the remaining provisions of such law, regulation, rule,
standard or order remain in effect as fully as if the invalid part had not been
adopted. [1973 c.833 §36]
EMPLOYER LIABILITY LAW
654.305 Protection and safety of persons
in hazardous employment generally. Generally,
all owners, contractors or subcontractors and other persons having charge of,
or responsibility for, any work involving a risk or danger to the employees or
the public shall use every device, care and precaution that is practicable to
use for the protection and safety of life and limb, limited only by the
necessity for preserving the efficiency of the structure, machine or other
apparatus or device, and without regard to the additional cost of suitable
material or safety appliance and devices. [Amended by 1997 c.249 §199]
654.310 Places of employment; compliance
with applicable orders, rules. All owners,
contractors, subcontractors, or persons whatsoever, engaged in the
construction, repairing, alteration, removal or painting of any building,
bridge, viaduct or other structure, or in the erection or operation of any
machinery, or in the manufacture, transmission and use of electricity, or in
the manufacture or use of any dangerous appliance or substance, shall see that
all places of employment are in compliance with every applicable order, decision,
direction, standard, rule or regulation made or prescribed by the Department of
Consumer and Business Services pursuant to ORS 654.001 to 654.295, 654.412 to
654.423 and 654.750 to 654.780. [Amended by 1975 c.148 §1; 1977 c.804 §44]
654.315 Persons in charge of work to see
that ORS 654.305 to 654.336 are complied with.
The owners, contractors, subcontractors, foremen, architects or other persons
having charge of the particular work, shall see that the requirements of ORS
654.305 to 654.336 are complied with.
654.320 Who considered agent of owner.
The manager, superintendent, foreman or other person in charge or control of
all or part of the construction, works or operation shall be held to be the
agent of the employer in all suits for damages for death or injury suffered by
an employee.
654.325 Who may prosecute damage action
for death; damages unlimited. If there is
any loss of life by reason of violations of ORS 654.305 to 654.336 by any
owner, contractor or subcontractor or any person liable under ORS 654.305 to
654.336, the surviving spouse and children and adopted children of the person
so killed and, if none, then the lineal heirs of that person and, if none, then
the mother or father, as the case may be, shall have a right of action without
any limit as to the amount of damages which may be awarded. If none of the
persons entitled to maintain such action reside within the state, the executor
or administrator of the deceased person may maintain such action for their
respective benefits and in the order above named.
654.330 Fellow servant negligence as
defense. In all actions brought to recover from
an employer for injuries suffered by an employee, the negligence of a fellow
servant shall not be a defense where the injury was caused or contributed to by
any of the following causes:
(1)
Any defect in the structure, materials, works, plant or machinery of which the
employer or the agent of the employer could have had knowledge by the exercise
of ordinary care.
(2)
The neglect of any person engaged as superintendent, manager, foreman or other
person in charge or control of the works, plant, machinery or appliances.
(3)
The incompetence or negligence of any person in charge of, or directing the
particular work in which the employee was engaged at the time of the injury or
death.
(4)
The incompetence or negligence of any person to whose orders the employee was
bound to conform and did conform and by reason of having conformed thereto the
injury or death resulted.
(5)
The act of any fellow servant done in obedience to the rules, instructions or
orders given by the employer or any other person who has authority to direct
the doing of said act.
654.335
[Repealed by 2001 c.865 §19]
654.336 Comparative negligence.
The provisions of ORS 31.600 to 31.620 apply to an action under ORS 654.305 to
654.336. [2001 c.865 §17]
SAFETY AND HEALTH PROFESSIONALS
654.400 Use of title of industrial
hygienist, occupational health and safety technologist, construction health and
safety technician or safety professional; cause of action.
(1) No person may purport to be:
(a)
A certified industrial hygienist or use the initials CIH unless the person
holds a current certification as an industrial hygienist from the American
Board of Industrial Hygiene.
(b)
An industrial hygienist in training or use the initials IHIT unless the person
holds a current designation as an industrial hygienist in training from the
American Board of Industrial Hygiene.
(c)
A certified occupational health and safety technologist or use the initials
OHST unless the person holds a current certification as an occupational health
and safety technologist from the American Board of Industrial Hygiene or the
Board of Certified Safety Professionals.
(d)
A certified construction health and safety technician or use the initials CHST
unless the person holds a current certification as a construction health and
safety technician from the American Board of Industrial Hygiene or the Board of
Certified Safety Professionals.
(e)
A certified safety professional or use the initials CSP unless the person holds
a current designation as a certified safety professional from the Board of
Certified Safety Professionals.
(f)
An associate safety professional or use the initials ASP unless the person
holds a current designation as an associate safety professional from the Board
of Certified Safety Professionals.
(2)
The American Board of Industrial Hygiene, the Board of Certified Safety
Professionals or a person lawfully practicing a profession listed in subsection
(1) of this section may bring a private cause of action in the appropriate
court to recover damages up to $1,000 against any person who violates
subsection (1) of this section. The court may provide such equitable relief as
it deems necessary or proper. The court may award reasonable attorney fees to
the prevailing party in an action under this section. [1999 c.478 §1]
Note:
654.400 and 654.402 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 654 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
654.402 Activities permitted under other
designation, certification or license. ORS 654.400
does not prevent a person legally regulated in this state under any other
licensing provisions, rules or regulations from engaging in the activities
permitted under that designation, certification or license provided that the
person does not use the titles or initials specified in ORS 654.400. [1999
c.478 §2]
Note: See
note under 654.400.
654.405
[Repealed by 1973 c.833 §48]
654.410
[Repealed by 1973 c.833 §48]
SAFETY OF HEALTH CARE EMPLOYEES
654.412 Definitions for ORS 654.412 to
654.423. As used in ORS 654.412 to 654.423:
(1)
“Assault” means intentionally, knowingly or recklessly causing physical injury.
(2)
“Health care employer” means:
(a)
An ambulatory surgical center as defined in ORS 442.015.
(b)
A hospital as defined in ORS 442.015.
(3)
“Home health care services” means items or services furnished to a patient by
an employee of a health care employer in a place of temporary or permanent
residence used as the patient’s home. [2007 c.397 §2]
654.414 Duties of health care employer;
security and safety assessment; assault prevention program; requirements.
(1) A health care employer shall:
(a)
Conduct periodic security and safety assessments to identify existing or
potential hazards for assaults committed against employees;
(b)
Develop and implement an assault prevention and protection program for employees
based on assessments conducted under paragraph (a) of this subsection; and
(c)
Provide assault prevention and protection training on a regular and ongoing
basis for employees.
(2)
An assessment conducted under subsection (1)(a) of this section shall include,
but need not be limited to:
(a)
A measure of the frequency of assaults committed against employees that occur
on the premises of a health care employer or in the home of a patient receiving
home health care services during the preceding five years or for the years that
records are available if fewer than five years of records are available; and
(b)
An identification of the causes and consequences of assaults against employees.
(3)
An assault prevention and protection program developed and implemented by a
health care employer under subsection (1)(b) of this section shall be based on
an assessment conducted under subsection (1)(a) of this section and shall
address security considerations related to the following:
(a)
Physical attributes of the health care setting;
(b)
Staffing plans, including security staffing;
(c)
Personnel policies;
(d)
First aid and emergency procedures;
(e)
Procedures for reporting assaults; and
(f)
Education and training for employees.
(4)(a)
Assault prevention and protection training required under subsection (1)(c) of
this section shall address the following topics:
(A)
General safety and personal safety procedures;
(B)
Escalation cycles for assaultive behaviors;
(C)
Factors that predict assaultive behaviors;
(D)
Techniques for obtaining medical history from a patient with assaultive
behavior;
(E)
Verbal and physical techniques to de-escalate and minimize assaultive
behaviors;
(F)
Strategies for avoiding physical harm and minimizing use of restraints;
(G)
Restraint techniques consistent with regulatory requirements;
(H)
Self-defense, including:
(i) The amount of physical force that is reasonably
necessary to protect the employee or a third person from assault; and
(ii)
The use of least restrictive procedures necessary under the circumstances, in
accordance with an approved behavior management plan, and any other methods of
response approved by the health care employer;
(I)
Procedures for documenting and reporting incidents involving assaultive
behaviors;
(J)
Programs for post-incident counseling and follow-up;
(K)
Resources available to employees for coping with assaults; and
(L)
The health care employer’s workplace assault prevention and protection program.
(b)
A health care employer shall provide assault prevention and protection training
to a new employee within 90 days of the employee’s initial hiring date.
(c)
A health care employer may use classes, video recordings, brochures, verbal or
written training or other training that the employer determines to be
appropriate, based on an employee’s job duties, under the assault prevention
and protection program developed by the employer. [2007 c.397 §3]
654.415
[Repealed by 1973 c.833 §48]
654.416 Required records of assaults
against employees; contents; rules. (1) A health
care employer shall maintain a record of assaults committed against employees
that occur on the premises of the health care employer or in the home of a
patient receiving home health care services. The record shall include, but need
not be limited to, the following:
(a)
The name and address of the premises on which each assault occurred;
(b)
The date, time and specific location where the assault occurred;
(c)
The name, job title and department or ward assignment of the employee who was
assaulted;
(d)
A description of the person who committed the assault as a patient, visitor,
employee or other category;
(e)
A description of the assaultive behavior as:
(A)
An assault with mild soreness, surface abrasions, scratches or small bruises;
(B)
An assault with major soreness, cuts or large bruises;
(C)
An assault with severe lacerations, a bone fracture or a head injury; or
(D)
An assault with loss of limb or death;
(f)
An identification of the physical injury;
(g)
A description of any weapon used;
(h)
The number of employees in the immediate area of the assault when it occurred;
and
(i) A description of actions taken by the employees and the
health care employer in response to the assault.
(2)
A health care employer shall maintain the record of assaults described in
subsection (1) of this section for no fewer than five years following a
reported assault.
(3)
The Director of the Department of Consumer and Business Services shall adopt by
rule a common recording form for the purposes of this section. [2007 c.397 §4]
654.418 Protection of employee of health
care employer after assault by patient. If a health
care employer directs an employee who has been assaulted by a patient on the
premises of the health care employer to provide further treatment to the
patient, the employee may request that a second employee accompany the employee
when treating the patient. If the health care employer declines the employee’s
request, the health care employer may not require the employee to treat the
patient. [2007 c.397 §5]
654.420
[Repealed by 1973 c.833 §48]
654.421 Refusal to treat certain patients
by home health care employee. (1) An
employee who provides home health care services may refuse to treat a patient
unless accompanied by a second employee if, based on the patient’s past
behavior or physical or mental condition, the employee believes that the
patient may assault the employee.
(2)
An employee who provides home health care services may refuse to treat a
patient unless the employee is equipped with a communication device that allows
the employee to transmit one-way or two-way messages indicating that the
employee is being assaulted. [2007 c.397 §6]
654.423 Use of physical force by home
health care employee in self-defense against assault.
(1) A health care employer may not impose sanctions against an employee who
used physical force in self-defense against an assault if the health care
employer finds that the employee:
(a)
Was acting in self-defense in response to the use or imminent use of physical
force;
(b)
Used an amount of physical force that was reasonably necessary to protect the
employee or a third person from assault; and
(c)
Used the least restrictive procedures necessary under the circumstances, in
accordance with an approved behavior management plan, or other methods of
response approved by the health care employer.
(2)
As used in this section, “self-defense” means the use of physical force upon
another person in self-defense or to defend a third person. [2007 c.397 §7]
654.425
[Repealed by 1973 c.833 §48]
654.430
[Repealed by 1973 c.833 §48]
654.505
[Repealed by 1961 c.485 §29]
654.510
[Amended by 1953 c.514 §5; 1957 c.201 §1; 1959 c.515 §1; repealed by 1961 c.485
§29]
654.515
[Repealed by 1961 c.485 §29]
654.520
[Amended by 1953 c.514 §5; repealed by 1961 c.485 §29]
654.525
[Amended by 1959 c.657 §1; repealed by 1961 c.485 §29]
654.530
[Amended by 1953 c.514 §5; 1957 c.201 §2; repealed by 1961 c.485 §29]
654.532 [1953
c.514 §5; 1957 c.201 §3; repealed by 1961 c.485 §29]
654.535
[Amended by 1953 c.514 §5; 1957 c.201 §4; repealed by 1961 c.485 §29]
654.540
[Amended by 1957 c.465 §11; repealed by 1961 c.485 §29]
654.545
[Amended by 1953 c.514 §5; repealed by 1961 c.485 §29]
654.550
[Amended by 1953 c.514 §5; 1957 c.201 §5; repealed by 1961 c.485 §29]
654.605
[Repealed by 1973 c.833 §48]
654.610
[Repealed by 1973 c.833 §48]
654.705
[Repealed by 1967 c.150 §2]
654.710
[Repealed by 1967 c.150 §2]
REPORTS OF ACCIDENTS TO PUBLIC UTILITY
COMMISSION
654.715 Report of accidents to Public
Utility Commission; investigation; supplemental reports; rules.
(1) Every public utility and telecommunications utility shall give immediate
notice by telegraph, telephone or personally, to the Public Utility Commission
whenever any accident occurs within this state upon its premises, or directly
or indirectly arises from or is connected with its maintenance or operation, if
the accident is attended by loss of human life or limb or serious injury to
person or property.
(2)
The Public Utility Commission may, if the commission deems the public interest
requires it, investigate each such accident forthwith, after giving the public
utility or telecommunications utility involved reasonable notice of the time
and place of such investigation.
(3)
The Public Utility Commission may adopt and amend rules and regulations
governing the form and content of reports to the commission to enable the
commission to ascertain relevant facts and circumstances attending such
accident and the causes thereof. Whenever the original report is insufficient,
in the opinion of the commission, the commission may require the public utility
or telecommunications utility to file supplemental reports of accidents. [Amended
by 1965 c.462 §2; 1987 c.447 §137; 1995 c.733 §48]
654.720 Public inspection or use of reports
as evidence prohibited. No report, or any part thereof,
required by ORS 654.715, shall be open to public inspection or be used as
evidence in any action for damages in any suit or action arising out of any
matter mentioned in the report.
HAZARDOUS CHEMICALS USED IN AGRICULTURE
654.750 Definitions for ORS 654.750 to
654.780. As used in this section and ORS
654.760, 654.770 and 654.780, unless the context requires otherwise:
(1)
“Employee” means any individual, 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.
(2)
“Employer” means any person engaged in agriculture who engages one or more
employees.
(3)
“Hazardous chemical” means any chemical which is a physical or health hazard.
(4)
“Health hazard” means a chemical for which there is statistically significant
evidence, based on at least one study conducted in accordance with established
scientific principles, that acute or chronic health effects may occur in
exposed employees. The term “health hazard” includes chemicals which are
carcinogenic, toxic or highly toxic agents, reproductive toxins, irritants,
corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the
hematopoietic system, and agents which damage the lungs, skin, eyes or mucous
membranes.
(5)
“Physical hazard” means a chemical for which there is scientifically valid
evidence that it is a combustible liquid, a compressed gas, explosive,
flammable, an organic peroxide, an oxidizer, pyrophoric,
unstable or water-reactive compound. [1987 c.832 §2]
654.760 Rules on hazardous chemicals,
safety equipment and training. The Department
of Consumer and Business Services shall adopt rules that require employers in
agriculture to:
(1)
Provide adequate information to all of their employees about hazardous
chemicals in use in the workplace and to which employees may reasonably be
expected to be exposed;
(2)
Provide protective safety equipment determined by rule to be adequate; and
(3)
Provide adequate training for employees mixing, loading, applying or otherwise
handling hazardous chemicals. [1987 c.832 §3; 1999 c.232 §3]
654.770 Basic information available to
agricultural employers for employees; content; language.
The Department of Consumer and Business Services shall develop and make
available basic information for agriculture employers to use in informing and
training employees pursuant to ORS 654.780. The information shall include, but
need not be limited to, proper personal hygiene, protective safety equipment,
general safety rules, proper work clothing, employee rights with respect to
this chapter and common symptoms of hazardous chemical exposure. The basic
information shall be made available in English, Spanish and any other language
determined necessary by the Director of the Department of Consumer and Business
Services after consideration of any input received from stakeholders. [1987
c.832 §4; 2005 c.22 §460; 2011 c.352 §1]
654.780 Providing basic information to
employees. Agriculture employers shall give all
employees a copy of the basic information developed by the Department of
Consumer and Business Services for the purpose of informing employees pursuant
to ORS 654.770. The information shall be provided in the employee’s own
language if the department has produced it in that language. The information
shall be provided to persons at the time of hire. [1987 c.832 §5; 2005 c.22 §461]
PENALTIES
654.990
[Amended by 1959 c.516 §5; 1961 c.485 §28; 1967 c.150 §1; repealed by 1973
c.833 §37 (654.991 enacted in lieu
of 654.990)]
654.991 Penalties.
(1) Subject to ORS 153.022, any employer who willfully violates any provision
of, or any regulation, rule, standard or order promulgated pursuant to, ORS
654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780, and that
violation is found to have caused or materially contributed to the death of any
employee, shall, upon conviction, be punished by a fine of not more than
$10,000 or by imprisonment for not more than six months, or by both; except
that if the conviction is for a violation committed after a first conviction of
such person, punishment shall be by a fine of not more than $20,000 or by
imprisonment for not more than one year, or by both. For the purposes of this
subsection, a violation is willful if it is committed knowingly by an employer
or supervisory employee who, having a free will or choice, intentionally or
knowingly disobeys or recklessly disregards the requirements of a regulation,
rule, standard or order. ORS 161.085 shall apply to terms used in this section.
(2)
Any person who gives advance notice of any inspection to be conducted under ORS
654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780, without
authority from the Director of the Department of Consumer and Business Services
or the designees of the director, shall, upon conviction, be punished by a fine
of not more than $1,000 or by imprisonment for not more than six months, or by
both.
(3)
Whoever knowingly makes a false statement, representation, or certification in
any application, record, report, plan, or other document filed or required to
be maintained pursuant to ORS 654.001 to 654.295, 654.412 to 654.423 and
654.750 to 654.780 shall, upon conviction, be punished by a fine of not more
than $10,000 or by imprisonment for not more than six months, or by both.
(4)
Punishment under this section does not affect or lessen the civil liability of
the offender. [1973 c.833 §38 (enacted in lieu of 654.990); 1977 c.455 §1; 1999
c.1051 §321]
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