Chapter 654 — Chapter 654

ORS 654.174 Sanitation facilities for workers harvesting food crops; employer to post notice; rules. (1) Employers of workers who are engaged in field activities for the growing and harvesting of food crops intended for human consumption shall provide for such workers at convenient locations, and in accordance with such rules as the Director of the Department of Consumer and Business Services may prescribe

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ORS 654.175 [Repealed by 1969 c.534 §2]

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ORS 654.176 Safety committee or safety meeting required. To promote health and safety in places of employment in this state, every public or private employer shall, in accordance with rules adopted pursuant to ORS 654.182, establish and administer a safety committee or hold safety meetings. [1981 c.488 §2; 1990 c.2 §1; 1995 c.83 §1; 2007 c.448 §1]

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ORS 654.180 [Repealed by 1969 c.534 §2]

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ORS 654.182 Rules for ORS 654.176; contents. (1) In carrying out ORS 654.176, the Director of the Department of Consumer and Business Services shall adopt rules that include, but are not limited to, provisions

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ORS 654.187 [1981 c.488 §4; repealed by 1991 c.746 §1]

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ORS 654.189 Safe Employment Education and Training Advisory Committee; members; terms; expenses; duties; meetings. (1) The Director of the Department of Consumer and Business Services may appoint a Safe Employment Education and Training Advisory Committee composed of seven members: Three representing employees, three representing employers and one representing the Department of Consumer and Business Services. The committee shall elect its chairperson

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ORS 654.191 Occupational Safety and Health Grant program; rules. (1) The Director of the Department of Consumer and Business Services, in consultation with the Safe Employment Education and Training Advisory Committee, shall establish an Occupational Safety and Health Grant program to fund the education and training of employees in safe employment practices and conduct and to promote the development of employer-sponsored health and safety programs

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ORS 654.192 Labor organization not liable for injury resulting from absence of safety or health provision. When an employee incurs an injury compensable under ORS chapter 656, the discussion or furnishing, or failure to discuss or furnish, or failure to enforce any safety or health provision to protect employees against work injuries, in any collective bargaining agreement or negotiations thereon, shall not subject a labor organization representing the injured employee to any civil liability for the injury. [1981 c.488 §5]

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ORS 654.194 [1985 c.683 §2; repealed by 1999 c.232 §1]

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ORS 654.196 Rules on contents of piping systems; posting notice on right to be informed of hazardous substances; withholding of information under certain circumstances. (1) The Director of the Department of Consumer and Business Services may by rule require employers to provide information to employees relating to the contents of piping systems. The rules shall include, but need not be limited to requirements for

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ORS 654.200 Scholarship account; use; standards for eligibility. (1) There is established in the Consumer and Business Services Fund the Workers’ Memorial Scholarship Account. Only the interest earned on moneys in the account shall be used by the Director of the Department of Consumer and Business Services for the establishment and administration of a scholarship program to pay education related expenses of the spouses and children of workers who are killed or who have received a permanent total disability award from injury on the job. A maximum of $1 million to carry out the provisions of this section may be credited to the account from civil penalties recovered pursuant to ORS 654.086

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ORS 654.202 Issuance of warrants for safety and health inspections. Magistrates authorized to issue search warrants may, upon application of the Director of the Department of Consumer and Business Services, or any public officer, agent or employee of the director acting in the course of official duties, issue an inspection warrant whenever an inspection or investigation of any place of employment is required or authorized by any state or local statute, ordinance or regulation relating to occupational safety or health. The inspection warrant is an order authorizing the safety or health inspection or investigation to be conducted at a designated place of employment. [1971 c.405 §1; 1973 c.833 §25; 1977 c.804 §41]

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ORS 654.205 [Repealed by 1959 c.516 §6]

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ORS 654.206 Grounds for issuance of inspection warrants; requirements of affidavit. (1) An inspection warrant shall be issued only upon cause, supported by affidavit, particularly describing the applicant’s status in applying for the warrant hereunder, the statute, ordinance or regulation requiring or authorizing the inspection or investigation, the place of employment to be inspected or investigated and the purpose for which the inspection or investigation is to be made including the basis upon which cause exists to inspect. In addition, the affidavit shall contain either a statement that entry has been sought and refused or facts or circumstances reasonably showing that the purposes of the inspection or investigation might be frustrated if entry were sought without an inspection warrant

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ORS 654.210 [Repealed by 1959 c.516 §6]

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ORS 654.212 Procedure for issuance of inspection warrant by magistrate. (1) Before issuing an inspection warrant, the magistrate may examine under oath the applicant and any other witness and shall be satisfied of the existence of grounds for granting such application

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ORS 654.215 [Repealed by 1959 c.516 §6]

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ORS 654.216 Execution of inspection warrants. (1) Except as provided in subsection (2) of this section, in executing an inspection warrant, the person authorized to execute the warrant shall, before entry, make a reasonable effort to present the person’s credentials, authority and purpose to an occupant or person in possession of the place of employment designated in the warrant and show the occupant or person in possession of the place of employment the warrant or a copy thereof upon request

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ORS 654.220 [Repealed by 1959 c.516 §6]

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ORS 654.222 [1971 c.405 §5; repealed by 1973 c.833 §15 (654.067 enacted in lieu of 654.047, 654.222 and 654.232)]

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ORS 654.225 [Amended by 1959 c.516 §1; renumbered 654.047]

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ORS 654.226 [1971 c.405 §6; repealed by 1973 c.833 §29 (654.241 enacted in lieu of 654.105 and 654.226)]

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ORS 654.230 [Repealed by 1959 c.516 §6]

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ORS 654.232 [1971 c.405 §7; repealed by 1973 c.833 §15 (654.067 enacted in lieu of 654.047, 654.222 and 654.232)]

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ORS 654.235 [Amended by 1959 c.516 §2; renumbered 654.062]

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ORS 654.240 [Repealed by 1959 c.516 §6]

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ORS 654.241 [1973 c.833 §30 (enacted in lieu of 654.105 and 654.226); repealed by 1975 c.102 §4]

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ORS 654.245 [Repealed by 1959 c.516 §6]

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ORS 654.250 [Repealed by 1959 c.516 §6]

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ORS 654.251 Assistance to director from other state agencies; inspection of farm labor camps and facilities. (1) The Bureau of Labor and Industries and any other state agency which is vested under separate statute with the authority to make inspections of places of employment, or to promulgate regulations, rules or standards relating to particular areas of occupational safety and health, shall render such advice and assistance to the Director of the Department of Consumer and Business Services as the director may reasonably request or prescribe 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. When any state agency completes an inspection of a place of employment, it shall promptly notify the director and the affected employer of any condition that may violate any occupational safety or health law, regulation, rule or standard

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ORS 654.255 [Amended by 1955 c.643 §1; 1957 c.492 §1; 1959 c.516 §3; renumbered 654.092]

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ORS 654.260 [Amended by 1955 c.643 §2; repealed by 1959 c.516 §6]

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ORS 654.265 [Amended by 1955 c.644 §1; renumbered 654.093]

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ORS 654.270 [Renumbered 654.094]

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ORS 654.275 [Amended by 1959 c.516 §4; renumbered 654.096]

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ORS 654.285 Admissibility of rules and orders of department in evidence in proceedings under ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780. Except as provided in ORS 654.078 (7), every regulation, rule, standard, finding, decision and order of the Department of Consumer and Business Services, general or special, made and entered under the provisions of ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 and which has become final by operation of law or on appeal, shall be admissible as evidence in any hearing, civil proceeding or criminal prosecution conducted under the provisions of this chapter and shall, in every such hearing, proceeding or prosecution, be conclusively presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement of safety and health. [Formerly 654.085; 1977 c.804 §42]

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ORS 654.290 Applicability of Administrative Procedures Act; Administrative Law Judge qualifications. (1) Promulgation by the Director of the Department of Consumer and Business Services or by the Workers’ Compensation Board of regulations, rules and standards authorized by ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780, and any judicial review thereof, shall be as provided in ORS chapter 183

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ORS 654.293 Representation of employer by attorney permitted. Neither ORS 9.320 nor any provision in the Oregon Safe Employment Act shall be construed to deny an employer the right to be represented by an attorney or any other authorized representative designated by the employer in any proceedings under ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780. [1975 c.370 §2]

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ORS 654.295 Application of Oregon Safe Employment Act. (1) Nothing contained in ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 shall invalidate any existing occupational safety or health regulation, rule, standard or order which is not clearly inconsistent with the purposes and provisions of ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780

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ORS 654.305 Protection and safety of persons in hazardous employment generally. Generally, all owners, contractors or subcontractors and other persons having charge of, or responsibility for, any work involving a risk or danger to the employees or the public shall use every device, care and precaution that is practicable to use for the protection and safety of life and limb, limited only by the necessity for preserving the efficiency of the structure, machine or other apparatus or device, and without regard to the additional cost of suitable material or safety appliance and devices. [Amended by 1997 c.249 §199]

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ORS 654.310 Places of employment; compliance with applicable orders, rules. All owners, contractors, subcontractors, or persons whatsoever, engaged in the construction, repairing, alteration, removal or painting of any building, bridge, viaduct or other structure, or in the erection or operation of any machinery, or in the manufacture, transmission and use of electricity, or in the manufacture or use of any dangerous appliance or substance, shall see that all places of employment are in compliance with every applicable order, decision, direction, standard, rule or regulation made or prescribed by the Department of Consumer and Business Services pursuant to ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780. [Amended by 1975 c.148 §1; 1977 c.804 §44]

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ORS 654.315 Persons in charge of work to see that ORS 654.305 to 654.336 are complied with. The owners, contractors, subcontractors, foremen, architects or other persons having charge of the particular work, shall see that the requirements of ORS 654.305 to 654.336 are complied with

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ORS 654.320 Who considered agent of owner. The manager, superintendent, foreman or other person in charge or control of all or part of the construction, works or operation shall be held to be the agent of the employer in all suits for damages for death or injury suffered by an employee

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ORS 654.325 Who may prosecute damage action for death; damages unlimited. If there is any loss of life by reason of violations of ORS 654.305 to 654.336 by any owner, contractor or subcontractor or any person liable under ORS 654.305 to 654.336, the surviving spouse and children and adopted children of the person so killed and, if none, then the lineal heirs of that person and, if none, then the mother or father, as the case may be, shall have a right of action without any limit as to the amount of damages which may be awarded. If none of the persons entitled to maintain such action reside within the state, the executor or administrator of the deceased person may maintain such action for their respective benefits and in the order above named

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ORS 654.330 Fellow servant negligence as defense. In all actions brought to recover from an employer for injuries suffered by an employee, the negligence of a fellow servant shall not be a defense where the injury was caused or contributed to by any of the following causes

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ORS 654.335 [Repealed by 2001 c.865 §19]

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ORS 654.336 Comparative negligence. The provisions of ORS 31.600 to 31.620 apply to an action under ORS 654.305 to 654.336. [2001 c.865 §17]

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ORS 654.345 Safety standards for utility vehicle rentals. (1) As used in this section

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ORS 654.400 Use of title of industrial hygienist, occupational health and safety technologist, construction health and safety technician or safety professional; cause of action. (1) No person may purport to be

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