ORS Chapter 654

Chapter 654 — OccupationalSafety and Health

 

2009 EDITION

 

OCCUPATIONALSAFETY AND HEALTH

 

LABOR,EMPLOYMENT; UNLAWFUL DISCRIMINATION

 

SAFETYAND HEALTH CONDITIONS IN PLACES OF EMPLOYMENT

 

654.001     Shorttitle

 

654.003     Purpose

 

654.005     Definitions

 

654.010     Employersto furnish safe place of employment

 

654.015     Unsafeor unhealthy place of employment prohibited

 

654.020     Interferencewith safety devices or methods prohibited; civil penalty

 

654.022     Dutyto comply with safety and health orders, decisions and rules

 

654.025     Jurisdictionand supervision of Workers’ Compensation Board, director and other stateagencies over employment and places of employment; rules

 

654.031     Citationand order to correct unsafe or unhealthy conditions

 

654.035     Scopeof rules and orders

 

654.056     Variancefrom safety or health standards; effect of variance on citations

 

654.062     Noticeof violation to employer by worker; complaint by worker to director;inspection; protection of complaining employees

 

654.067     Inspectionof places of employment; denial of access; warrants; safety and healthconsultation with employees

 

654.071     Citationfor safety or health standard violations; effect of failure to correctviolation; posting of citations and notices by employer

 

654.078     Contestingviolations; hearing; admissibility in criminal or civil proceedings ofstipulations involving violations

 

654.082     Prohibitinguse of equipment involved in violation; red warning notice

 

654.086     Civilpenalty for violations; classification of violations; payment and dispositionof penalty moneys

 

654.090     Occupationalsafety and health activities; voluntary compliance; rules; consultativeservices

 

654.097     Consultativeservices required; program standards; rules

 

654.101     Voluntarysafety and health consultation; refusal to disclose report

 

654.120     Recordsof proceedings; confidentiality of certain information; federal reportingrequirements; rules

 

654.130     Proceedingsagainst unwilling witnesses

 

654.150     Sanitaryfacilities at construction projects; standards; exemptions

 

654.160     Applicabilityof ORS 654.150 to be included in construction contracts; liability for cost ofcompliance

 

654.165     Employeesnot required to work bare-handed or rubber-gloved on high voltage lines

 

654.170     Stairwayrailings and guards not required for certain public and historic buildings

 

654.172     Exemptionfrom inspection or investigation for certain agricultural activities

 

654.174     Sanitationfacilities for workers harvesting food crops; employer to post notice; rules

 

WORKPLACESAFETY COMMITTEES

 

654.176     Safetycommittee or safety meeting required

 

654.182     Rulesfor ORS 654.176; contents

 

654.189     SafeEmployment Education and Training Advisory Committee; members; terms; expenses;duties; meetings

 

654.191     OccupationalSafety and Health Grant program; rules

 

654.192     Labororganization not liable for injury resulting from absence of safety or healthprovision

 

HAZARDCOMMUNICATION AND HAZARDOUS SUBSTANCES

 

654.196     Ruleson contents of piping systems; posting notice on right to be informed of hazardoussubstances; withholding of information under certain circumstances

 

INJUREDWORKERS’ MEMORIAL SCHOLARSHIP

 

654.200     Scholarshipaccount; use; standards for eligibility

 

HEALTHAND SANITATION INSPECTIONS

 

654.202     Issuanceof warrants for safety and health inspections

 

654.206     Groundsfor issuance of inspection warrants; requirements of affidavit

 

654.212     Procedurefor issuance of inspection warrant by magistrate

 

654.216     Executionof inspection warrants

 

654.251     Assistanceto director from other state agencies; inspection of farm labor camps andfacilities

 

654.285     Admissibilityof rules and orders of department in evidence in proceedings under ORS 654.001to 654.295, 654.412 to 654.423 and 654.750 to 654.780

 

654.290     Applicabilityof Administrative Procedures Act; Administrative Law Judge qualifications

 

654.293     Representationof employer by attorney permitted

 

654.295     Applicationof Oregon Safe Employment Act

 

EMPLOYERLIABILITY LAW

 

654.305     Protectionand safety of persons in hazardous employment generally

 

654.310     Placesof employment; compliance with applicable orders, rules

 

654.315     Personsin charge of work to see that ORS 654.305 to 654.336 are complied with

 

654.320     Whoconsidered agent of owner

 

654.325     Whomay prosecute damage action for death; damages unlimited

 

654.330     Fellowservant negligence as defense

 

654.336     Comparativenegligence

 

SAFETYAND HEALTH PROFESSIONALS

 

654.400     Useof title of industrial hygienist, occupational health and safety technologist,construction health and safety technician or safety professional; cause ofaction

 

654.402     Activitiespermitted under other designation, certification or license

 

SAFETYOF HEALTH CARE EMPLOYEES

 

654.412     Definitionsfor ORS 654.412 to 654.423

 

654.414     Dutiesof health care employer; security and safety assessment; assault preventionprogram; requirements

 

654.416     Requiredrecords of assaults against employees; contents; rules

 

654.418     Protectionof employee of health care employer after assault by patient

 

654.421     Refusalto treat certain patients by home health care employee

 

654.423     Useof physical force by home health care employee in self-defense against assault

 

REPORTSOF ACCIDENTS TO PUBLIC UTILITY COMMISSION

 

654.715     Reportof accidents to Public Utility Commission; investigation; supplemental reports;rules

 

654.720     Publicinspection or use of reports as evidence prohibited

 

HAZARDOUSCHEMICALS USED IN AGRICULTURE

 

654.750     Definitionsfor ORS 654.750 to 654.780

 

654.760     Ruleson hazardous chemicals, safety equipment and training

 

654.770     Basicinformation available to agricultural employers for employees; content;language

 

654.780     Providingbasic information to employees

 

PENALTIES

 

654.991     Penalties

 

SAFETYAND HEALTH CONDITIONS IN PLACES OF EMPLOYMENT

 

      654.001Short title.ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and 654.991 maybe cited as the Oregon Safe Employment Act. [1973 c.833 §2]

 

      654.003Purpose.The purpose of the Oregon Safe Employment Act is to assure as far as possiblesafe and healthful working conditions for every working man and woman inOregon, to preserve our human resources and to reduce the substantial burden,in terms of lost production, wage loss, medical expenses, disabilitycompensation payments and human suffering, that is created by occupationalinjury and disease. To accomplish this purpose the Legislative Assembly intendsto provide a procedure that will:

      (1)Encourage employers and employees to reduce the number of occupational safetyand health hazards and to institute new programs and improve existing programsfor providing safe and healthful working conditions.

      (2)Establish a coordinated program of worker and employer education, health andsafety consultative services, demonstration projects and research to assistworkers and their employers in preventing occupational injury and disease,whatever the cause.

      (3)Authorize the Director of the Department of Consumer and Business Services andthe designees of the director to set reasonable, mandatory, occupational safetyand 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, safetyand health of employees, and in so doing, predominantly prioritize inspectionsof places of employment to first focus enforcement activities upon places ofemployment that the director reasonably believes to be the most unsafe.

      (5)Establish appropriate reporting and research procedures that will help achievethe objectives of the Oregon Safe Employment Act, identify occupational hazardsand unsafe and unhealthy working conditions, and describe the nature of theoccupational safety and health problem.

      (6)Assure that Oregon assumes fullest responsibility, in accord with the federalOccupational Safety and Health Act of 1970 (Public Law 91-596), for thedevelopment, administration and enforcement of safety and health laws andstandards. [1973 c.833 §3; 1987 c.884 §55; 1999 c.1017 §1]

 

      654.005Definitions.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 BusinessServices.

      (4)“Employee” includes:

      (a)Any individual, including a minor whether lawfully or unlawfully employed, whoengages to furnish services for a remuneration, financial or otherwise, subjectto 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 subjectworker 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’ compensationcoverage 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 thepredecessor employer according to criteria adopted by the department by rule.

      (6)“Owner” means every person having ownership, control or custody of any place ofemployment or of the construction, repair or maintenance of any place ofemployment.

      (7)“Person” means one or more individuals, legal representatives, partnerships,joint ventures, associations, corporations (whether or not organized forprofit), business trusts, any organized group of persons, the state, stateagencies, counties, municipal corporations, school districts and other publiccorporations or subdivisions.

      (8)(a)“Place of employment” includes:

      (A)Every place, whether fixed or movable or moving, whether indoors or out orunderground, and the premises and structures appurtenant thereto, where eithertemporarily or permanently an employee works or is intended to work; and

      (B)Every place where there is carried on any process, operation or activityrelated, either directly or indirectly, to an employer’s industry, trade,business or occupation, including a labor camp, wherever located, provided byan employer for employees or by another person engaged in providing livingquarters or shelters for employees.

      (b)“Place of employment” does not include:

      (A)Any place where the only employment involves nonsubject workers employed in orabout a private home; and

      (B)Any corporate farm where the only employment involves the farm’s familymembers, including parents, spouses, sisters, brothers, daughters, sons,daughters-in-law, sons-in-law, nieces, nephews or grandchildren. [Amended by1973 c.833 §4; 1975 c.102 §2; 1977 c.804 §34; 1987 c.373 §30; 1993 c.744 §17;1999