138 sections in this chapter.
ORS 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]
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Note: See note under 654.400.
ORS 654.405 [Repealed by 1973 c.833 §48]
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[Repealed or reserved.]
ORS 654.410 [Repealed by 1973 c.833 §48]
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SAFETY OF HEALTH CARE EMPLOYEES
ORS 654.412 Definitions for ORS 654.412 to 654.423. As used in ORS 654.412 to 654.423
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(1) “Assault” means intentionally, knowingly or recklessly causing physical injury. (2) “Energy generating device” means a tool that performs a surgical function using heat, laser, electricity or other form of energy. (3) “Health care employer” means: (a) An ambulatory surgical c…
ORS 654.413 Required policies regarding surgical smoke. (1) A health care employer shall adopt policies that require the use of a smoke evacuation system during any surgical procedure that is likely to generate surgical smoke. The hospital or ambulatory surgical center may select any smoke evacuation system that accounts for surgical techniques and procedures vital to patient safety
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(2) The Occupational Safety and Health Division of the Department of Consumer and Business Services shall ensure compliance with this section during any on-site inspection. [2021 c.362 §2]
ORS 654.414 Duties of health care employer; security and safety assessment; workplace violence prevention and protection program; requirements. (1) A health care employer, in consultation with the employer’s workplace safety committee described in ORS 654.176, shall
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(a) Conduct periodic security and safety assessments to identify existing or potential threats of workplace violence; (b) Develop and implement a workplace violence prevention and protection program for employees based on assessments conducted under paragraph (a) of this subsecti…
ORS 654.415 [Repealed by 1973 c.833 §48]
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[Repealed or reserved.]
ORS 654.416 Required records of assaults against employees; contents; summary report; 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
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(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…
ORS 654.417 Duty of Department of Consumer and Business Services to submit consolidated report of assault records and incidents of workplace violence occurring on premises of health care provider; requirements. (1) Not later than December 31 of each year, the Department of Consumer and Business Services shall prepare and submit a consolidated report that includes the assault records that are made available under ORS 654.416 and the following information regarding incidents of workplace violence occurring on the premises of a health care employer
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(a) The location where each workplace violence incident occurred. (b) The nature of the incident. (c) The nature and severity of any employee injuries stemming from the workplace violence incident. (d) The job titles of any employees who were injured as a result of workplace viol…
ORS 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]
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[Repealed or reserved.]
ORS 654.420 [Repealed by 1973 c.833 §48]
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[Repealed or reserved.]
ORS 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
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(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]
ORS 654.423 Use of physical force by 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
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(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 ci…
ORS 654.425 [Repealed by 1973 c.833 §48]
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[Repealed or reserved.]
ORS 654.430 [Repealed by 1973 c.833 §48]
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[Repealed or reserved.]
ORS 654.505 [Repealed by 1961 c.485 §29]
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[Repealed or reserved.]
ORS 654.510 [Amended by 1953 c.514 §5; 1957 c.201 §1; 1959 c.515 §1; repealed by 1961 c.485 §29]
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[Repealed or reserved.]
ORS 654.515 [Repealed by 1961 c.485 §29]
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[Repealed or reserved.]
ORS 654.520 [Amended by 1953 c.514 §5; repealed by 1961 c.485 §29]
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[Repealed or reserved.]
ORS 654.525 [Amended by 1959 c.657 §1; repealed by 1961 c.485 §29]
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[Repealed or reserved.]
ORS 654.530 [Amended by 1953 c.514 §5; 1957 c.201 §2; repealed by 1961 c.485 §29]
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[Repealed or reserved.]
ORS 654.532 [1953 c.514 §5; 1957 c.201 §3; repealed by 1961 c.485 §29]
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[Repealed or reserved.]
ORS 654.535 [Amended by 1953 c.514 §5; 1957 c.201 §4; repealed by 1961 c.485 §29]
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[Repealed or reserved.]
ORS 654.540 [Amended by 1957 c.465 §11; repealed by 1961 c.485 §29]
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[Repealed or reserved.]
ORS 654.545 [Amended by 1953 c.514 §5; repealed by 1961 c.485 §29]
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[Repealed or reserved.]
ORS 654.550 [Amended by 1953 c.514 §5; 1957 c.201 §5; repealed by 1961 c.485 §29]
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[Repealed or reserved.]
ORS 654.605 [Repealed by 1973 c.833 §48]
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[Repealed or reserved.]
ORS 654.610 [Repealed by 1973 c.833 §48]
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[Repealed or reserved.]
ORS 654.705 [Repealed by 1967 c.150 §2]
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[Repealed or reserved.]
ORS 654.710 [Repealed by 1967 c.150 §2]
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REPORTS OF ACCIDENTS TO PUBLIC UTILITY COMMISSION
ORS 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
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(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 …
ORS 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
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HAZARDOUS CHEMICALS USED IN AGRICULTURE
ORS 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
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(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…
ORS 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
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(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 traini…
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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
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of 654.990)] PENALTIES
ORS 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
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(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…