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