Title 51, Labor and Employment; Unlawful Discrimination

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]

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, …

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 B…

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 necessar…

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]

(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 …

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 6…

(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, ru…

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 empl…

(1) The Director of the Department of Consumer and Business Services may, by general or special orders, or by regulations, rules, codes or otherwise: (a) Declare and prescribe what devices, safeguards or other means of protection and what methods, processes or work practices are …

(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. (2) The d…

(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. (2) However, any employee or representative of the employee may comp…

(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: (a) To …

(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, re…

(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 ord…

(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…

(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 …

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 D…

(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 Departm…

(1) As used in this section, unless the context requires otherwise: (a) “Safety and health consultation” means a voluntary review or inspection of a facility or equipment to improve workplace safety. “Safety and health consultation” does not include: (A) An investigation of an oc…

(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 654.00…

(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 …

(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 toi…

(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 pa…

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] Note: 654.165 was added to and made a part of 654.001 to 654.295 by legislative action but was not added to any s…

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 Rep…

(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: (a) There has not been a …

(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 Bus…

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; 20…

(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: (a) Prescribing the membership of the committees to ensure equal numbers of employees, who are volunteers or are e…

(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 B…

(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 employ…

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 negotiat…

(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: (a) Labeling piping systems to …

(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 administrat…

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 ins…

(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 emp…

(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. (2) If the magistrate is satisfied that cause for the inspection or investigation …

(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 possessi…

(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…

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…

(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 b…

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 65…

(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,…

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 …

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 u…

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.

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.

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…

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: (1) Any defect in the structure, materials, works, plan…