There are federal labor laws and regulations that pertain to occupational safety and health administration (OSHA), but each state also has its own set of OSHA laws in order to account for the unique characteristics and needs of each state. Oregon OSHA has six divisions that cover different industries and topics, with the first covering general administrative information.
One of the largest components of Oregon labor laws are the provisions regarding the health and safety of employees working throughout the state through Oregon OSHA.
The Oregon Safe Employment Act was passed in 1973 authorizing Oregon OSHA to help ensure safe and healthy working conditions for Oregon's employees working in businesses across the state while reducing the burden created by occupational injuries, disease, and sickness.
Oregon OSHA includes procedures to implement workplace safety and health provisions / rules throughout the state. It also provides guidance for enforcement of the legislation by the Department of Consumer and Business Services.
Division I of Oregon OSHA details general administrative rules and information to ensure the health and safety of workers in Oregon. It addresses the Oregon OSHA definitions and terms included in the provisions, the purpose, and scope of those provisions, as well as inspections, violations and penalties, citations and corrections, appeals, complaints, posting requirements, and information regarding COVID-19. The myriad of terms and definitions included in Division I of Oregon OSHA can be found on pages 12 through 21 of the Division I document.
Inspections are a core responsibility of Oregon OSHA compliance officers and are conducted without prior advanced notice, with a few exceptions. However, no matter the exception, advanced notice may be given 24 hours in advance at most. Penalties for violating advanced notice rules may include a fine of up to $1,000 and or up to 6 months in prison.
Oregon OSHA inspections are prioritized according to severity of potential hazards and considers the highest priority on places of employment deemed to be the most unsafe.
Priorities are labeled as such:
Should an incident occur that results in the need for a high priority inspection, employers should preserve the incident scene. However, an exception can be made when it is possible to rescue the injured employee or a successful attempt to remove the danger is possible. Failure to preserve the scene will warrant a minimum penalty of at least $200.
Compliance officers have the right to enter and inspect any place of employment so long as it is during working hours or at another reasonable time, within reasonable limits, and in a reasonable manner. Compliance officers must also provide credentials to gain entry.
Employers or a representative of the inspected party may accompany the compliance officer during the inspection, but a compliance officer may move forward with their inspection if the employer or representative is absent, or declines to accompany the inspector.
During an inspection, compliance officers may:
A Red Warning Notice is posted (by the compliance officer) in clear view of any person likely to use the place of employment, machine, device, apparatus, or equipment that constitutes a hazard. If a Red Warning Notice is posted on or for any of the above areas mentioned, then no employee may operate the hazard until the condition has been made safe, and the notice has been removed via a follow-up inspection.
After an inspection, the compliance officer shall determine the likelihood of an accident causing injuries or illness, and relay that information to the employer in what’s known as a probability rating. Probability ratings may be labeled as low, medium, or high.
Factors that compliance officers may consider when determining a probability rating include:
The compliance officer also determines a severity rating for the violation or hazard. Severity ratings are based on the degree of injury or illness that is perceived as possible, or that may have already occurred.
If multiple employees are injured or become ill, then the most serious case shall be used to determine the severity rating. Severity ratings may be classified as death, serious physical harm, or other than serious.
Oregon OSHA Fines & Penalties
|
|||||
Other Than Serious |
Serious Physical Harm |
Death |
|||
|
Probability Rating |
Fine |
Probability Rating |
Fine |
Probability Rating |
Fine |
|
Low |
$0 |
Low |
$300 |
Low |
$3,500 |
|
Medium |
N/A |
Medium |
$700 |
Medium |
$6,000 |
| High | $300 |
High |
$2,000 |
High |
$12,500 |
Fine and penalty adjustments will be made based on the size of the employer’s business (except in cases where there is a failure to correct violations).
Oregon OSHA Fine & Penalty Adjustments
|
|
Number of Employees |
Reduction Adjustment |
|
1-10 |
75% |
|
11-25 |
60% |
|
26-90 |
40% |
|
91-130 |
30% |
|
131-175 |
20% |
|
176-250 |
10% |
|
251+ |
none |
Other types of adjustments that may be made or required include:
Penalty adjustments made due to size are the only adjustments made in the case of a repeat violation or willful violation. A repeat violation is defined as a second or subsequent violation (that is similar to or the same as the previous violation) within the previous three years.
Other adjustments may be made for:
Adjustments will not reduce the penalty below $100 (in the case of a serious violation), or increase the penalty beyond $12,675.
If the inspection uncovers a violation, Oregon OSHA sends a citation to the employer. These citations will generally include:
Citations may be served to employers by certified mail, by hand, or any other method acceptable to the employer. Once the employer receives the citation, they must post it for employees to see for at least three days or until the violation is corrected. Employers must also correct each violation by the ordered date and pay any incurred penalties by the 31st calendar day following the citation.
If an employer fails to correct a violation within the ordered time frame, they shall receive a notice that includes:
Employers may apply to extend their correction time frame by submitting an application to Oregon OSHA. Applications must be in writing and must include:
The employer must post a copy of the request for employees to easily view for at least 10 days following the request. Employees may contact the administrator if they feel the request is unjust.
Employers may appeal citations via a written request. Appeals must be filed with the Department of Consumer and Business Services and must be directed to Oregon OSHA.
Appeals must be filed within 30 days of receiving whatever is being appealed and must explicitly state the items being contested.
Employees that believe their employer is in violation of Oregon OSHA are able to submit a complaint online. An introductory video on how to do so is available. Oregon OSHA does recommend, however, that employees first attempt to resolve health and safety issues by reporting them to their supervisors, managers, or other appropriate parties before filing a complaint.
Oregon OSHA has posting requirements for the following documents:
An all-in-one Oregon Labor Law Poster can, in many cases, cover OSHA-required postings that do not pertain to any violations.
If an employer violates any posting requirement from Oregon OSHA, they may receive penalties of up to $1,000 for each violation.
Since June 21, 2021, OSHA's Emergency Temporary Standard (ETS) rules have been in place to help protect employees from the dangers presented by the COVID-19 pandemic.
Due to the nature of the pandemic, these temporary provisions regarding COVID are continuously being amended. The most recent amendment, issued on September 14, 2021, addresses Medical Relief Benefits for healthcare workers.
Currently, Oregon OSHA still has provisions in place in regards to COVID for:
Industries whose regulations are no longer required include:
OSHA is one of the most expansive, detailed, and complex areas of law when it comes to employer compliance. There are so many protections for employees that employers must consider, it is insanity. Some industries even have extra laws and protections that cater to the needs and dangers of the industry.
So how do you keep it all straight, while also ensuring compliance? An Oregon HR and Payroll company, like Greater Northern Staff Administrators (GNSA) can be of tremendous help - contact GNSA today to get started!