Title 51, Labor and Employment; Unlawful Discrimination

(1) As used in this section: (a) “Contracting agency” has the meaning given that term in ORS 279A.010. (b)(A) “Rent” means a transfer of, or the act of transferring, in return for consideration and under conditions set forth in a written agreement, the right to possess and use a …

(1) No person may purport to be: (a) A certified industrial hygienist or use the initials CIH unless the person holds a current certification as an industrial hygienist from the American Board of Industrial Hygiene. (b) An industrial hygienist in training or use the initials IHIT…

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…

As used in ORS 654.412 to 654.423: (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” …

(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 …

(1) A health care employer, in consultation with the employer’s workplace safety committee described in ORS 654.176, shall: (a) Conduct periodic security and safety assessments to identify existing or potential threats of workplace violence; (b) Develop and implement a workplace …

(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: …

(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 …

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 heal…

(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. (2) An employee …

(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: (a) Was acting in self-defense in response to the use or imminent use of physical force; (b) Use…

(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…

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. HAZARDOUS CHEMICALS USED IN AGRICULTURE

As used in this section and ORS 654.760, 654.770 and 654.780, unless the context requires otherwise: (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 …

The Department of Consumer and Business Services shall adopt rules that require employers in agriculture to: (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 expose…

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, pr…

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 dep…

(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 contri…

As used in ORS 655.505 to 655.555: (1) “Adult in custody” means a person committed to the physical and legal custody of the Department of Corrections. (2) “Attending practitioner” means Department of Corrections or Oregon Youth Authority medical staff, or specialists assisting De…

(1) Every adult in custody shall receive benefits as provided in ORS 655.505 to 655.555 for injury sustained in an authorized work or occupational training assignment if the injury: (a) Is proximately caused by or received in the course of the authorized work or occupational trai…

If an adult in custody sustains an injury as described in ORS 655.510, benefits shall be delivered in a manner similar to that provided for injured workers under the workers’ compensation laws of this state, except that: (1) No benefits, except medical services and any occupation…

(1) Claims for entitlement to benefits under ORS 655.505 to 655.555 shall be filed by application with the Oregon Department of Administrative Services as provided by rules adopted by the department, to the extent not inconsistent with ORS 655.505 to 655.555. Such claims shall be…

Except as otherwise provided by rule of the Oregon Department of Administrative Services, an adult in custody or the beneficiary of the adult in custody may obtain review of action taken on the claim as provided in ORS 656.283 to 656.304. [1963 c.527 §6; 1965 c.285 §79e; 1983 c.7…

No benefits payable under ORS 655.505 to 655.555 are subject to assignment prior to their receipt by the person entitled thereto, nor shall they pass by operation of law. These benefits and the right to receive them are also exempt from seizure on execution, attachment or garnish…

Claims payments and administrative costs of the Oregon Department of Administrative Services shall be charged by the department to the Department of Corrections or the Oregon Youth Authority pursuant to ORS 278.435. [1963 c.527 §§8,12; 1981 c.211 §1; 1987 c.320 §242; 1991 c.566 §…

(1) The assessments paid to the Oregon Department of Administrative Services by the Department of Corrections or the Oregon Youth Authority shall be credited as a component of the Insurance Fund pursuant to ORS 278.425 and 278.435. (2) Funds credited to the adult in custody injur…

Liability of the Oregon Department of Administrative Services or the Insurance Fund for the payment of benefits under ORS 655.505 to 655.555 is contingent upon and limited by the availability of reserves in the adult in custody injury component of the Insurance Fund. In the event…

The Workers’ Compensation Board may from time to time assess the Oregon Department of Administrative Services for the reasonable cost of services provided by the board under ORS 655.505 to 655.555. [1965 c.285 §79g; 1991 c.566 §13]

The Oregon Department of Administrative Services, with the approval of the Department of Corrections and the Oregon Youth Authority, shall adopt rules necessary to administer the adult in custody injury fund. The rules may provide for procedures, benefits and coverage that vary f…

As used in ORS 655.605 and 655.615: (1) “Department” means the Department of Human Services. (2) “Employer” means any person who provides on-the-job training for trainees in cooperation with the department or the Commission for the Blind even though no wages or salary is paid to …

(1) All clients participating in a work evaluation or work experience program of the Department of Human Services are considered as workers subject to ORS chapter 656 for purposes of this section. (2) The department shall submit a written statement to the State Accident Insurance…

This chapter may be cited as the Workers’ Compensation Law. [1965 c.285 §1; 1977 c.109 §1]

Except where the context otherwise requires, the definitions given in this chapter govern its construction. [1975 c.556 §2 (enacted in lieu of 656.002)]

(1) “Average weekly wage” means the Oregon average weekly wage in covered employment, as determined by the Employment Department, for the last quarter of the calendar year preceding the fiscal year in which the injury occurred. (2)(a) “Beneficiary” means an injured worker, and th…

This chapter does not abrogate the rights of the employee under the present employers’ liability law, in all cases where the employee, under this chapter is given the right to bring suit against the employer of the employee for an injury.

Where not inconsistent with the Constitution and laws of the United States, the laws of this state relating to workers’ compensation and the duties and powers of the Department of Consumer and Business Services hereby are extended to all lands and premises owned or held by the Un…

Nothing in this chapter shall be construed to require a worker who in good faith relies on or is treated by prayer or spiritual means by a duly accredited practitioner of a well-recognized church to undergo any medical or surgical treatment nor shall such worker or the dependents…

(1) The Legislative Assembly finds that: (a) The performance of various industrial enterprises necessary to the enrichment and economic well-being of all the citizens of this state will inevitably involve injury to some of the workers employed in those enterprises; (b) The method…

(1) Every employer subject to this chapter shall maintain assurance with the Director of the Department of Consumer and Business Services that subject workers of the employer and their beneficiaries will receive compensation for compensable injuries as provided by this chapter an…

(1)(a) The liability of every employer who satisfies the duty required by ORS 656.017 (1) is exclusive and in place of all other liability arising out of injuries, diseases, symptom complexes or similar conditions arising out of and in the course of employment that are sustained …

(1)(a) An injured worker may pursue a civil negligence action for a work-related injury that has been determined to be not compensable because the worker has failed to establish that a work-related incident was the major contributing cause of the worker’s injury only after an ord…

Actions for damages may be brought by an injured worker or the legal representative of the injured worker against any employer who has failed to comply with ORS 656.017 or is in default under ORS 656.560. Except for the provisions of ORS 656.578 to 656.593 and this section, such …

For purposes of determining whether a person that awards a contract to another person is responsible for providing workers’ compensation coverage to individuals who perform labor under the contract, the provisions of ORS 656.029 do not apply if, before labor under the contract co…

Every employer employing one or more subject workers in the state is subject to this chapter. [1965 c.285 §8]

(1) For the purpose of this chapter, an individual is not a subject worker while commuting in a voluntary commuter ridesharing arrangement unless: (a) The worker is reimbursed for travel expenses incurred therein; (b) The worker receives payment for commuting time from the employ…

All workers are subject to this chapter except those nonsubject workers described in the following subsections: (1) A worker employed as a domestic servant in or about a private home. For the purposes of this subsection “domestic servant” means any worker engaged in household dom…

(1) If a person awards a contract involving the performance of labor where such labor is a normal and customary part or process of the person’s trade or business, the person awarding the contract is responsible for providing workers’ compensation insurance coverage for all indivi…

(1) Except as provided in ORS 404.215, all municipal personnel, other than those employed full-time, part-time, or substitutes therefor, shall, for the purpose of this chapter, be known as volunteer personnel and shall not be considered as workers unless the municipality has file…

(1) All persons participating as trainees in a work experience program or a school directed professional education project of a school district, as defined in ORS 332.002, in which such persons are enrolled, including persons with intellectual disabilities in training programs, a…

If an employer is engaged in an occupation in which the employer employs one or more subject workers and is also engaged in a separate occupation in which there are no subject workers, the employer is not subject to this chapter as to that separate occupation, nor are the workers…