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, every employment and place of
employment in this state as may be necessary to enforce and administer all
laws, regulations, rules, standards and lawful orders requiring such employment
and place of employment to be safe and healthful, and requiring the protection
of the life, safety and health of every employee in such employment or place of
employment.
(2) The director
and the Workers’ Compensation Board may make, establish, promulgate and enforce
all necessary and reasonable regulations, rules, standards, orders and other
provisions for the purpose of carrying out their respective functions under ORS
654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780, notwithstanding
any other statutory provisions which may be to the contrary. Nothing in ORS
654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780, however, shall
authorize or require medical examination, immunization or treatment for those
who object thereto on religious grounds, except where such is necessary to
protect the health or safety of others.
(3)(a) The
director may enforce all regulations, rules and standards duly adopted by any
other state agency for the safety and health of employees.
(b) This grant of
concurrent jurisdiction and authority to the director shall not be construed,
however, as repealing or amending, or as derogating in any respect from, the
statutory jurisdiction and authority of any other state agency to promulgate
and enforce regulations, rules and standards and to conduct inspections and
investigations, except that no other state agency shall issue the citations or
assess the civil penalties provided in ORS 654.001 to 654.295, 654.412 to
654.423 and 654.750 to 654.780.
(c) In the event
a state of facts or condition constitutes a violation of more than one rule,
regulation, standard or order of the director or any other agency pertaining to
occupational safety or health, the state of facts or condition shall be the
basis for the issuance of only one citation and proceeding or the assessment of
only one penalty unless the statute specifically provides that a continuation
of a state of facts or a condition constitutes a new violation.
(d) Where another
state agency, pursuant to its statutory authority, proposes to adopt a
regulation, rule or standard relating to occupational safety or health, such
agency shall accord the director an opportunity to review such regulation, rule
or standard prior to its adoption for the purpose of assuring that employers
will not be asked to comply with contradictory or inconsistent requirements or
be burdened with an unnecessary duplication of occupational safety and health
codes, inspections or reports.
(4) The board and
the director may subpoena witnesses, administer oaths, take depositions and fix
the fees and mileage of witnesses and compel the attendance of witnesses and
the production of papers, books, accounts, documents and testimony in any inquiry,
investigation, hearing or proceeding in any part of the state, and the board
and the director shall provide for defraying the expenses thereof.
(5) The director
and the board may do and perform all things, whether specifically designated in
ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 or in
addition thereto, which are necessary or convenient in the exercise of any
power, authority or jurisdiction conferred upon them by ORS 654.001 to 654.295,
654.412 to 654.423 and 654.750 to 654.780. The director’s authority under this
section shall include but is not limited to:
(a) Designating
by order or rule any named state employee or category of state employees who
shall have authority to exercise any of the duties and powers imposed upon the
director by law and whose act as authorized by the order or rule shall be
considered to be an official act of the director. The director may designate
local government employees with public health administration or enforcement
duties to exercise duties and powers imposed upon the director with respect to
ORS 654.174 (1) and (2).
(b) Instituting
any legal or equitable proceeding which would assist in the enforcement of any
state occupational safety or health law or any regulation, rule, standard or
order promulgated thereunder, including but not limited to seeking injunctive
relief to enjoin an employer from operating the place of employment until the
employer has complied with the provisions of such law, regulation, rule,
standard or order. Upon the filing of a suit for an injunction by the director,
the court shall set a day for hearing and shall cause notice thereof to be
served upon the employer. The hearing shall be not less than five nor more than
15 days from the service of such notice. [Amended by 1973 c.833 §9; 1977 c.804 §36;
1979 c.839 §23; 1985 c.423 §6]
654.030 [Amended by 1973 c.833 §24;
renumbered 654.130]
Notes of Decisions
Ritter v. BEALS, 358 P.2d 1080 (Or. 1961).
· cites it 4× “" ORS 654.025 (1). The act provides for the promulgation of safety regulations.”
Ass'n of Oregon Loggers, Inc. v. Dep't of Ins. & Fin., 883 P.2d 859 (Or. Ct. App. 1994).
· cites it 9× “086, as petitioners essentially maintain, respondents appear to regard that as permissible under ORS 654.025. Respondents contend alternatively that, in any event, the creation of the egregious violation category is within the authority delegated to the agency by the statutes.”
OR-OSHA v. United Parcel Serv., Inc., 494 P.3d 959 (Or. Ct. App. 2021).
· cites it 3× “003(6).11 The OSEA gives the director of the Department of Consumer and Business Services (DCBS) the responsibility to develop and enforce workplace health and safety laws, regulations, rules, and standards.”
Shahtout v. Emco Garbage Co., 695 P.2d 897 (Or. 1985).
· cites it 2× “But it does not follow that the safety rule is irrelevant to the determination of due care in a case grounded in common-law negligence.”
OR-OSHA v. Loy Clark Pipeline, Co., 514 P.3d 544 (Or. Ct. App. 2022).
· cites it 2× “See ORS 654.025(3)(c) (generally limiting instances when “a state of facts or condition constitutes a violation of more than one rule” to only one citation or one penalty).”
Miller v. Georgia-Pac. Corp., 662 P.2d 718 (Or. 1983).
· cites it 2× “” 2 ORS 654.025 authorizes the Director of the Workers’ Compensation Department and the Workers’ Compensation Board to promulgate rules for the purpose of carrying out their functions under the Law.”
Nygaard Logging Co. v. State ex rel. Dep't of Consum. & Bus. Servs., 995 P.2d 589 (Or. Ct. App. 2000).
· cites it 18× “ORS 654.025 provides, in part: “(4) The board and the director may subpoena witnesses, administer oaths, take depositions and fix the fees and mileage of witnesses and compel the attendance of witnesses * * * in any inquiry, investigation, hearing or proceeding in any part of…”
Rich v. Tite-Knot Pine Mill, 421 P.2d 370 (Or. 1966).
· cites it 2× “④ It has never been directly determined whether the safety codes promulgated by the Workmen’s Compensation Board ⑤ under the authority of ORS 654.025 are limited in application to employees.”
Anderson v. Evergreen Int'l Airlines, Inc., 886 P.2d 1068 (Or. Ct. App. 1994).
“In particular: “The director is vested with fall power and jurisdiction over, and shall have such supervision of, every employment and place of employment in this state as maybe necessary to enforce and administer all laws, regulations, rules, standards and lawful orders…”
Hillman v. N. Wasco Cnty. PUD, 323 P.2d 664 (Or. 1958).
“(5) ORS 654.025. * * * * # The commission may make, establish, promulgate and enforce all necessary and reasonable rules, regulations and provisions for the purpose of carrying ORS 654.”
George v. Myers, 10 P.3d 265 (Or. Ct. App. 2000).
“ORS 654.025(1), (2). 10 Oregon also adopted 29 CFR section 1910.”
— Or. Rev. Stat. § 654.025(1) — 5 cases
OR-OSHA v. United Parcel Serv., Inc., 494 P.3d 959 (Or. Ct. App. 2021).
“003(6).11 The OSEA gives the director of the Department of Consumer and Business Services (DCBS) the responsibility to develop and enforce workplace health and safety laws, regulations, rules, and standards.”
Anderson v. Evergreen Int'l Airlines, Inc., 886 P.2d 1068 (Or. Ct. App. 1994).
“In particular: “The director is vested with fall power and jurisdiction over, and shall have such supervision of, every employment and place of employment in this state as maybe necessary to enforce and administer all laws, regulations, rules, standards and lawful orders…”
George v. Myers, 10 P.3d 265 (Or. Ct. App. 2000).
“ORS 654.025(1), (2). 10 Oregon also adopted 29 CFR section 1910.”
— Or. Rev. Stat. § 654.025(2) — 13 cases
OR-OSHA v. United Parcel Serv., Inc., 494 P.3d 959 (Or. Ct. App. 2021).
“003(6).11 The OSEA gives the director of the Department of Consumer and Business Services (DCBS) the responsibility to develop and enforce workplace health and safety laws, regulations, rules, and standards.”
Shahtout v. Emco Garbage Co., 695 P.2d 897 (Or. 1985).
“But it does not follow that the safety rule is irrelevant to the determination of due care in a case grounded in common-law negligence.”
Ass'n of Oregon Loggers, Inc. v. Dep't of Ins. & Fin., 883 P.2d 859 (Or. Ct. App. 1994).
“086, as petitioners essentially maintain, respondents appear to regard that as permissible under ORS 654.025. Respondents contend alternatively that, in any event, the creation of the egregious violation category is within the authority delegated to the agency by the statutes.”
— Or. Rev. Stat. § 654.025(3) — 1 case
— Or. Rev. Stat. § 654.025(3)(c) — 6 cases
OR-OSHA v. Loy Clark Pipeline, Co., 514 P.3d 544 (Or. Ct. App. 2022).
“See ORS 654.025(3)(c) (generally limiting instances when “a state of facts or condition constitutes a violation of more than one rule” to only one citation or one penalty).”
Ass'n of Oregon Loggers, Inc. v. Dep't of Ins. & Fin., 883 P.2d 859 (Or. Ct. App. 1994).
“086, as petitioners essentially maintain, respondents appear to regard that as permissible under ORS 654.025. Respondents contend alternatively that, in any event, the creation of the egregious violation category is within the authority delegated to the agency by the statutes.”
— Or. Rev. Stat. § 654.025(4) — 2 cases
Nygaard Logging Co. v. State ex rel. Dep't of Consum. & Bus. Servs., 995 P.2d 589 (Or. Ct. App. 2000).
“ORS 654.025 provides, in part: “(4) The board and the director may subpoena witnesses, administer oaths, take depositions and fix the fees and mileage of witnesses and compel the attendance of witnesses * * * in any inquiry, investigation, hearing or proceeding in any part of…”
— Or. Rev. Stat. § 654.025(5) — 2 cases
Ass'n of Oregon Loggers, Inc. v. Dep't of Ins. & Fin., 883 P.2d 859 (Or. Ct. App. 1994).
“086, as petitioners essentially maintain, respondents appear to regard that as permissible under ORS 654.025. Respondents contend alternatively that, in any event, the creation of the egregious violation category is within the authority delegated to the agency by the statutes.”
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