Chapter 654 — Chapter 654

ORS 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]

0.0K chars

ORS 654.003 Purpose. The purpose of the Oregon Safe Employment Act is to ensure as far as possible safe and healthful working conditions for every working person 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

1.7K chars

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

2.8K chars

ORS 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]

0.0K chars

ORS 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]

0.0K chars

ORS 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

0.5K chars

ORS 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]

0.0K chars

ORS 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

4.4K chars

ORS 654.030 [Amended by 1973 c.833 §24; renumbered 654.130]

0.0K chars

ORS 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]

0.0K chars

ORS 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

2.9K chars

ORS 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)]

0.0K chars

ORS 654.045 [Amended by 1973 c.833 §10; renumbered 654.031]

0.0K chars

ORS 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)]

0.0K chars

ORS 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)]

0.0K chars

ORS 654.055 [Repealed by 1973 c.833 §12 (654.056 and 654.078 enacted in lieu of 654.055)]

0.0K chars

ORS 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

1.9K chars

ORS 654.060 [Amended by 1973 c.833 §8; renumbered 654.022]

0.0K chars

ORS 654.062 Notice of violation to employer by worker; complaint by worker to director; inspection; employee protections; rebuttable presumption; rules. (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

6.9K chars

ORS 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)]

0.0K chars

ORS 654.067 Inspection of places of employment; comprehensive inspections; 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

3.9K chars

ORS 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)]

0.0K chars

ORS 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

2.5K chars

ORS 654.074 [1973 c.833 §17a; repealed by 1977 c.804 §55]

0.0K chars

ORS 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)]

0.0K chars

ORS 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

2.6K chars

ORS 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)]

0.0K chars

ORS 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

1.0K chars

ORS 654.085 [Amended by 1973 c.833 §33; renumbered 654.285]

0.0K chars

ORS 654.086 Civil penalty for violations; classification of violations; penalty adjustments; payment and disposition of penalty moneys; reporting. (1) The Director of the Department of Consumer and Business Services or the authorized representative of the director has the authority to assess civil penalties as provided by this section for violation of the requirements of a state occupational safety or health statute or the lawful rules, standards or orders adopted under the statute, as follows

5.9K chars

ORS 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

1.6K chars

ORS 654.092 [Formerly 654.255; repealed by 1965 c.285 §95]

0.0K chars

ORS 654.093 [Formerly 654.265; repealed by 1973 c.833 §48]

0.0K chars

ORS 654.094 [Formerly 654.270; repealed by 1965 c.285 §95]

0.0K chars

ORS 654.095 [Amended by 1965 c.285 §69e; repealed by 1973 c.833 §48]

0.0K chars

ORS 654.096 [Formerly 654.275; repealed by 1967 c.92 §5]

0.0K chars

ORS 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

1.9K chars

ORS 654.100 [Repealed by 1973 c.833 §31 (654.251 enacted in lieu of 654.100)]

0.0K chars

ORS 654.101 Voluntary safety and health consultation; refusal to disclose report. (1) As used in this section, unless the context requires otherwise

1.2K chars

ORS 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)]

0.0K chars

ORS 654.110 [1957 c.156 §2; 1959 c.684 §3; repealed by 1971 c.251 §2]

0.0K chars

ORS 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

2.1K chars

ORS 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

0.9K chars

ORS 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

0.5K chars

ORS 654.154 [1995 c.163 §2; renumbered 654.172 in 2005]

0.0K chars

ORS 654.155 [Repealed by 1973 c.833 §48]

0.0K chars

ORS 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

0.9K chars

ORS 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]

0.2K chars

ORS 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]

0.0K chars

ORS 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

1.2K chars