(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.
(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 conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both.
(3) Whoever knowingly makes a false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 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.
(4) Punishment under this section does not affect or lessen the civil liability of the offender. [1973 c.833 §38 (enacted in lieu of 654.990); 1977 c.455 §1; 1999 c.1051 §321]
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Section: Previous 654.540 654.545 654.550 654.605 654.610 654.705 654.710 654.715 654.720 654.750 654.760 654.770 654.780 654.990 654.991Last modified: August 7, 2008