Oregon Administrative Code

839-020-0410 Determination of the Day; Failure to Make Determination (1) The employer shall establish the beginning time and the ending time of the day to be used by the employer for purposes of complying with ORS 653.265 and these rules. (2) Once established, the beginning time …

839-020-0415 Failure to Establish a Workweek If an employer fails to establish the beginning day of the workweek as provided for in ORS 653.265(1)(c), the Bureau shall consider the workweek to begin on the day the individual employee commences work and to end seven (7) consecutiv…

839-020-0417 Employee's Written Consent to Work up to 60 Hours in a Workweek (1) Pursuant to ORS 653.265(2), an employer is prohibited from requiring or permitting an employee to work over 55 hours in one workweek except that the employer may permit an employee to work up to 60 h…

839-020-0420 Undue Hardship Notices and Employee's Written Consent (1) Pursuant to the provisions of ORS 653.265(5), an employer that processes perishable products may be exempt from the restrictions on maximum workweek hours if an undue hardship exists. To claim such an exemptio…

839-020-1000 Violations Separate and Distinct Each violation is a separate and distinct offense. In the case of continuing violations, each day’s continuance is a separate and distinct violation. Statutory/Other Authority: ORS 653.040 Statutes/Other Implemented: Ch. 314 & 1997 OL…

839-020-1010 Violations for Which a Civil Penalty May Be Assessed (1) The commissioner may assess a civil penalty for any of the following willful violations: (a) Failure to pay the applicable minimum wage for all hours worked in violation of ORS 653.025 and OAR 839-020-0010. (b)…

839-020-1020 Criteria for Determining a Civil Penalty (1) The commissioner may consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be assessed and cite those the commissioner finds to be appropriate: (a) The history …

839-021-0006 Definitions for ORS 653.305 to 653.370 and OAR 839-021-0001 to 839-021-0500 As used in ORS 653.305 to 653.370 and in OAR 839-021-0001 to 839-021-0500, unless the context requires otherwise: (1) "Agriculture" includes farming in all its branches and among other things…

839-021-0067 Hours of Employment for Minors 16 and 17 Years of Age (1) An employer may not employ a 16- or 17-year-old to work more than 44 hours per week except those employed in organized youth camps or those employed in agricultural employment. (2) An employer who wishes to em…

839-021-0070 Hours of Employment for Minors Under 16 Years of Age (1) Except as otherwise provided in this rule, employment of minors under 16 years of age must be confined to the following periods: (a) Outside school hours; (b) Not more than 40 hours in any one week when school …

839-021-0072 Rest Periods and Meal Periods (1) Every employer must provide to each minor employee a meal period of not less than 30 continuous minutes in the manner prescribed by OAR 839-020-0050. However, the exemption provided for by OAR 839-020-0050(3) does not apply to minor …

839-021-0087 Working Conditions (1) An employer may not employ any minor to work in the State of Oregon, except under the following conditions: (a) Where a sanitary and safe work area is provided; (b) Where adequate lighting is provided; (c) Where adequate ventilation is provided…

839-021-0092 Weight Lifting No minor shall be required to lift excessive weights. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.305 History: BL 6-1987, f. & ef. 3-19-87 BL 2-1987, f. & ef. 1-16-87 BL 142, f. 6-28-73, ef. 7-15-73

839-021-0097 Prohibited Employment for Minors under 16 Years of Age (1) No minor under 16 years of age: (a) May be employed in an occupation or type of work declared hazardous by the Bureau (see OAR 839-021-0102); (b) May be assigned any duties in connection with an organized you…

839-021-0102 Occupations and Types of Work Declared Hazardous for Minors Under 16 Years of Age (1) Pursuant to OAR 839-021-0097(1)(a), the Bureau hereby declares the following occupations and types of work to be hazardous and any employment by minors under 16 years of age is here…

839-021-0104 Occupations Particularly Hazardous or Detrimental to the Health or Well-Being of Minors Under the Age of 18 (1) Except as provided in OAR 839-021-0285, an employer may not employ a minor under 18 years of age in any occupation declared particularly hazardous or detri…

839-021-0106 Occupations Involving Use of Explosives (1) In addition to the provisions of Title 29 CFR, Part 570.51 (Hazardous Occupations Order 1) pertaining to occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive …

839-021-0170 General Recordkeeping Requirements (1) Every employer employing minors must maintain and preserve records containing the following information and data with respect to each minor employed: (a) Name in full, as used for social security recordkeeping purposes and on th…

839-021-0175 Records Availability (1) All records required to be preserved and maintained by OAR 839-021-0001 to 839-021-0500 shall be preserved and maintained for a period of at least two years. (2) All employers shall keep the records required by OAR 839-021-0001 to 839-021-050…

839-021-0180 Posting Requirements (1) Every employer required to maintain a schedule of the maximum hours of work by minors under 16 years of age (see OAR 839-021-0170(2)(b)), must post the schedule in a conspicuous place where all such minors have easy access to it. (2) Every no…

839-021-0185 Verification of Age Requirements (1) The employer must verify the age of all minors by requiring the minor to produce an acceptable proof of age document. (2) As used in these rules, an acceptable proof of age document includes, but is not limited to: (a) A birth cer…

839-021-0220 Employment Certificates for the Employment of Minors 14 through 17 Years of Age (1) Unless otherwise provided by rule, no minor 14 through 17 years of age may be employed or permitted to work unless the employer: (a) Verifies the minor's age by requiring the minor to…

839-021-0221 Required Information for Employment Certificate Applications; Provision of Summaries of Child Labor Laws and Rules by Bureau; Notice of Change (to Annual Employment Certificate) Forms (1) The application form for an employment certificate must include: (a) The name a…

839-021-0246 Employment Permits for Minors Under 14 Years of Age (1) No child under 14 years of age may be employed or permitted to work unless the employer has been issued a validated Employment Permit by the Bureau authorizing the child to work for that particular employer. (2)…

839-021-0248 Reports from Employers Employing Minors Employers employing minors shall file reports that may be required by the Bureau. Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 1…

839-021-0255 Special Rules for Temporary Employment of Several Minors for a Short Duration (1) As used in this rule, unless the context requires otherwise: (a) "Temporary employment of a short duration" means employment which terminates on or by the tenth day from the date of hir…

839-021-0265 Employment of Minors to Act as Canvassers, Peddlers or Outside Salespersons from House to House (1) Minors 16 and 17 years of age may not be employed to act as a canvasser, a peddler, or an "outside salesman" as defined in ORS 653.010(7), from house to house, unless …

839-021-0276 Employment Certificates for Minors Employed in Agriculture (1) The provisions addressing Employment Certificates, OAR 839-021-0220 to 839-021-0221, do not apply to the employment of minors in agriculture except as follows: (a) Minors employed to operate or assist in …

839-021-0280 Operation or Assisting in the Operation of Power-Driven Farm Machinery by Minors (1) As used in this rule, "assist(ing) in the operation of power-driven farm machinery," includes starting, stopping, adjusting, feeding or any other activity involving physical contact …

839-021-0282 Riding In or On Conveyances Connected to Power-Driven Farm Machinery by Minors (1) A minor may not be employed to ride in or on equipment, trailers or similar conveyances which are connected to power-driven farm machinery for the purpose of transporting, sorting, del…

839-021-0285 Applicability of and Compliance with Other Rules to Minors Employed in Agriculture Employers employing minors in agriculture shall comply, unless specifically excluded by ORS 653.305 to 653.370 or these rules, with all rules pertaining to the employment of minors, in…

839-021-0287 Employment of Minors in Agricultural Warehouses (1) Minors under 16 years of age may not be employed in any room or place in an agricultural warehouse where power-driven machinery is used to process agricultural commodities. (2) Minors 16 and 17 years of age may be e…

839-021-0290 Permitted Hours of Work of Minors under 16 Years of Age in Agriculture (1) Minors under 16 years of age may not be employed to work in agriculture while the school they attend is in session. As used in this rule, school is in session during the hours set by the schoo…

839-021-0292 Permitted Hours of Work of Minors 16 and 17 Years of Age in Agriculture (1) When a minor who is 16 or 17 years of age is employed to operate or assist in the operation of power-driven farm machinery or when such minor is employed to ride in or on power-driven farm ma…

839-021-0293 Permitted Hours of Work When School Is in Session on a Year Around Basis of Minors Employed in Agriculture When the schools in the school district in which the minor resides while employed in agriculture during the harvest season are in session on a year around basis…

839-021-0294 Vocational Education and Cooperative Education Programs When a student under 16 years of age is enrolled in a course of study and training in a cooperative vocational agricultural training program recognized by the State Board of Education, the Bureau may, upon consi…

839-021-0297 Parental Exemption for Minors Employed in Agriculture (1) Notwithstanding any other rule, minors of any age may be employed by their parent or person standing in the place of their parent at any time in any occupation on a farm owned or operated by their parent or pe…

839-021-0300 Definitions for Rules Regulating the Employment of Minors in the Entertainment Industry As used in OAR 839-021-0300 to 839-021-0380 unless the context requires otherwise: (1) “Employment of Minors in the Entertainment Industry” shall include engagements as an enterta…

839-021-0305 Application of Rules to Minors Employed in the Entertainment Industry OAR 839-021-0001 to 839-021-0285 shall apply to the employment of minors in the entertainment industry. However, when there is a conflict between OAR 839-021-0001 to 839-021-0285 and 839-021-0300 t…

839-021-0310 Employment Certificates for Minors Employed in the Entertainment Industry (1) When minors are employed in the entertainment industry in long term employment, employers must obtain employment certificates in accordance with OAR 839-021-0220 to 839-021-0248. (2) When m…

839-021-0315 Special Hours Variances for Entertainment Industry Employers Employers, including employers registered under OAR 839-021-0320, must apply for a special hours variance when the contemplated employment will exceed the maximum hours prescribed in OAR 839-021-0335. Emplo…

839-021-0320 Registration of Employers of Minors in the Entertainment Industry (1) In circumstances involving the employment of minors in short term employment, employers may satisfy the requirements of OAR 839-021-0310 by obtaining a registration certificate. (2) Employers may a…

839-021-0325 School Releases, Instruction Requirements and Waivers for Minors Employed in the Entertainment Industry (1) The employer must obtain a release from the Superintendent, or designee, of the school district in which the minor's school is located, when the employment req…

839-021-0330 Supervision of Minors Employed in the Entertainment Industry (1) The employer must provide appropriate care and supervision of each minor at all times during the minor's employment. (2) The employer must provide a sufficient number of supervisors to ensure the safety…

839-021-0335 Working Hours of Minors Employed in the Entertainment Industry (1) No minor may be employed to work more than six consecutive days. (2) For purposes of determining the number of consecutive days of work, the following days will be considered as work days: (a) Days wh…

839-021-0340 Rest Periods for Minors Employed in the Entertainment Industry Employers shall provide minors with rest periods as prescribed by OAR 839-021-0072(2). Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.20…

839-021-0345 Meal Periods for Minors Employed in the Entertainment Industry Employers shall provide minors with meal periods as prescribed by OAR 839-021-0072(1). Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.20…

839-021-0350 Other Working Conditions for Minors Employed in the Entertainment Industry (1) Employers shall, at any time, allow parents or legal guardians access to their minor children employed in the entertainment industry. (2) Employers must provide the following: (a) A safe a…

839-021-0355 Prohibited Performances of Minors Employed in the Entertainment Industry (1) No employer may employ a minor in the entertainment industry in any occupation declared particularly hazardous pursuant to OAR 839-021-0102 and 839-021-0104 or in employment prohibited by 83…

839-021-0360 Refusal of Special Permits, Hours Variances or Employment Certificates in the Entertainment Industry When it appears to the Bureau that the proposed employment would be prohibited by OAR 839-021-0355, the Bureau may refuse to issue any special permit, hours variance …