Oregon Statutes - Chapter 654 - Occupational Safety and Health

654.001 Short title.
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]
654.003 Purpose.
The purpose of the Oregon Safe Employment Act is to assure as far as possible safe and healthful working conditions for every working man and...
654.005 Definitions.
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...
654.010 Employers to furnish safe place of employment.
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...
654.015 Unsafe or unhealthy place of employment prohibited.
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...
654.020 Interference with safety devices or methods prohibited; civil penalty.
(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...
654.022 Duty to comply with safety and health orders, decisions and rules.
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...
654.025 Jurisdiction and supervision of Workers� Compensation Board, director and other state agencies over employment and places of employment; rules.
(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,...
654.030 [Amended by 1973 c.833 §24; renumbered 654.130]
654.031 Citation and order to correct unsafe or unhealthy conditions.
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...
654.035 Scope of rules and orders.
(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)...
654.040 [Repealed by 1973 c.833 §34 (654.290 enacted in lieu of 654.040, 654.065, 654.070, 654.075 and 654.080)]
654.045 [Amended by 1973 c.833 §10; renumbered 654.031]
654.047 [Formerly 654.225; 1965 c.285 §82; repealed by 1973 c.833 §15 (654.067 enacted in lieu of 654.047, 654.222 and 654.232)]
654.050 [Amended by 1953 c.387 §2; 1957 c.436 §1; 1965 c.285 §69d; 1969 c.534 §1; 1971 c.251 §1; repealed by 1973 c.833 §19 (654.082 and 654.086 enacted in lieu of 654.050)]
654.055 [Repealed by 1973 c.833 §12 (654.056 and 654.078 enacted in lieu of 654.055)]
654.056 Variance from safety or health standards; effect of variance on citations.
(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,...
654.060 [Amended by 1973 c.833 §8; renumbered 654.022]
654.062 Notice of violation to employer by worker; complaint by worker to director; inspection; protection of complaining employees.
(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...
654.065 [Repealed by 1973 c.833 §34 (654.290 enacted in lieu of 654.040, 654.065, 654.070, 654.075 and 654.080)]
654.067 Inspection of places of employment; denial of access; warrants; safety and health consultation with employees.
(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...
654.070 [Repealed by 1973 c.833 §34 (654.290 enacted in lieu of 654.040, 654.065, 654.070, 654.075 and 654.080)]
654.071 Citation for safety or health standard violations; effect of failure to correct violation; posting of citations and notices by employer.
(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...
654.074 [1973 c.833 §17a; repealed by 1977 c.804 §55]
654.075 [Repealed by 1973 c.833 §34 (654.290 enacted in lieu of 654.040, 654.065, 654.070, 654.075 and 654.080)]
654.078 Contesting violations; hearing; admissibility in criminal or civil proceedings of stipulations involving violations.
(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...
654.080 [Repealed by 1973 c.833 §34 (654.290 enacted in lieu of 654.040, 654.065, 654.070, 654.075 and 654.080)]
654.082 Prohibiting use of equipment involved in violation; red warning notice.
(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,...
654.085 [Amended by 1973 c.833 §33; renumbered 654.285]
654.086 Civil penalty for violations; classification of violations; payment and disposition of penalty moneys.
(1) The Director of the Department of Consumer and Business Services or the authorized representative of the director is hereby granted the authority to assess...
654.090 Occupational safety and health activities; voluntary compliance; rules; consultative services.
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...
654.092 [Formerly 654.255; repealed by 1965 c.285 §95]
654.093 [Formerly 654.265; repealed by 1973 c.833 §48]
654.094 [Formerly 654.270; repealed by 1965 c.285 §95]
654.095 [Amended by 1965 c.285 §69e; repealed by 1973 c.833 §48]
654.096 [Formerly 654.275; repealed by 1967 c.92 §5]
654.097 Consultative services required; program standards; rules.
(1)(a) An insurer that issues guaranty contracts to employers pursuant to ORS chapter 656 shall furnish occupational safety and health loss control consultative services to...
654.100 [Repealed by 1973 c.833 §31 (654.251 enacted in lieu of 654.100)]
654.101 Voluntary safety and health consultation; refusal to disclose report.
(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...
654.105 [1957 c.156 §1; 1959 c.684 §1; repealed by 1973 c.833 §29 (654.241 enacted in lieu of 654.105 and 654.226)]
654.110 [1957 c.156 §2; 1959 c.684 §3; repealed by 1971 c.251 §2]
654.120 Records of proceedings; confidentiality of certain information; federal reporting requirements; rules.
(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,...
654.130 Proceedings against unwilling witnesses.
(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...
654.150 Sanitary facilities at construction projects; standards; exemptions.
(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...
654.154 [1995 c.163 §2; renumbered 654.172 in 2005]
654.155 [Repealed by 1973 c.833 §48]
654.160 Applicability of ORS 654.150 to be included in construction contracts; liability for cost of compliance.
(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....
654.165 Employees not required to work bare-handed or rubber-gloved on high voltage lines.
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....
654.170 Stairway railings and guards not required for certain public and historic buildings.
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...
654.172 Exemption from inspection or investigation for certain agricultural activities.
(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...
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...
654.175 [Repealed by 1969 c.534 §2]
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...
654.180 [Repealed by 1969 c.534 §2]
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...
654.187 [1981 c.488 §4; repealed by 1991 c.746 §1]
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:...
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...
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...
654.194 [1985 c.683 §2; repealed by 1999 c.232 §1]
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...
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...
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...
654.205 [Repealed by 1959 c.516 §6]
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...
654.210 [Repealed by 1959 c.516 §6]
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...
654.215 [Repealed by 1959 c.516 §6]
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,...
654.220 [Repealed by 1959 c.516 §6]
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)]
654.225 [Amended by 1959 c.516 §1; renumbered 654.047]
654.226 [1971 c.405 §6; repealed by 1973 c.833 §29 (654.241 enacted in lieu of 654.105 and 654.226)]
654.230 [Repealed by 1959 c.516 §6]
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)]
654.235 [Amended by 1959 c.516 §2; renumbered 654.062]
654.240 [Repealed by 1959 c.516 §6]
654.241 [1973 c.833 §30 (enacted in lieu of 654.105 and 654.226); repealed by 1975 c.102 §4]
654.245 [Repealed by 1959 c.516 §6]
654.250 [Repealed by 1959 c.516 §6]
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...
654.255 [Amended by 1955 c.643 §1; 1957 c.492 §1; 1959 c.516 §3; renumbered 654.092]
654.260 [Amended by 1955 c.643 §2; repealed by 1959 c.516 §6]
654.265 [Amended by 1955 c.644 §1; renumbered 654.093]
654.270 [Renumbered 654.094]
654.275 [Amended by 1959 c.516 §4; renumbered 654.096]
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
654.335 [Repealed by 2001 c.865 §19]
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] SAFETY AND HEALTH PROFESSIONALS
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: (a) A certified industrial hygienist or use the initials CIH unless the person holds a current certification as...
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...
654.405 [Repealed by 1973 c.833 §48]
654.410 [Repealed by 1973 c.833 §48]
654.412 Definitions for ORS 654.412 to 654.423.
As used in ORS 654.412 to 654.423: (1) �Assault� means intentionally, knowingly or recklessly causing physical injury. (2) �Health care employer� means: (a) An ambulatory...
654.414 Duties of health care employer; security and safety assessment; assault prevention program; requirements.
(1) A health care employer shall: (a) Conduct periodic security and safety assessments to identify existing or potential hazards for assaults committed against employees; (b)...
654.415 [Repealed by 1973 c.833 §48]
654.416 Required records of assaults against employees; contents; 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...
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...
654.420 [Repealed by 1973 c.833 §48]
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...
654.423 Use of physical force by home 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...
654.425 [Repealed by 1973 c.833 §48]
654.430 [Repealed by 1973 c.833 §48]
654.505 [Repealed by 1961 c.485 §29]
654.510 [Amended by 1953 c.514 §5; 1957 c.201 §1; 1959 c.515 §1; repealed by 1961 c.485 §29]
654.515 [Repealed by 1961 c.485 §29]
654.520 [Amended by 1953 c.514 §5; repealed by 1961 c.485 §29]
654.525 [Amended by 1959 c.657 §1; repealed by 1961 c.485 §29]
654.530 [Amended by 1953 c.514 §5; 1957 c.201 §2; repealed by 1961 c.485 §29]
654.532 [1953 c.514 §5; 1957 c.201 §3; repealed by 1961 c.485 §29]
654.535 [Amended by 1953 c.514 §5; 1957 c.201 §4; repealed by 1961 c.485 §29]
654.540 [Amended by 1957 c.465 §11; repealed by 1961 c.485 §29]
654.545 [Amended by 1953 c.514 §5; repealed by 1961 c.485 §29]
654.550 [Amended by 1953 c.514 §5; 1957 c.201 §5; repealed by 1961 c.485 §29]
654.605 [Repealed by 1973 c.833 §48]
654.610 [Repealed by 1973 c.833 §48]
654.705 [Repealed by 1967 c.150 §2]
654.710 [Repealed by 1967 c.150 §2]
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...
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...
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: (1) �Employee� means any individual, whether lawfully or unlawfully...
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: (1) Provide adequate information to all of their employees...
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. The...
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...
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

of 654.990)]
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...

Last modified: August 7, 2008