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Oregon Revised Statutes

Or. Rev. Stat. § 654.082 (2026)

Prohibiting use of equipment involved in violation; red warning notice

✓ current as of May 2026
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      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, pursuant to such rules and procedures as the director may prescribe, with the approval of the director, to preclude exposure to a condition which, if such exposure occurred would constitute a violation of any statute, or of any lawful regulation, rule, standard or order affecting employee safety or health at a place of employment, may preclude exposure by prohibiting use of the machine, equipment, apparatus or place of employment constituting such condition. When use is prohibited a red warning notice shall be posted in plain view of any person likely to use the same, calling attention to the condition, defect, lack of safeguard or unsafe or unhealthful place of employment and the fact that further use is prohibited.

      (2) No person shall use or operate any place of employment, machine, device, apparatus or equipment, after the red warning notice required by this section is posted, before such place of employment, machine, device, apparatus or equipment is made safe and healthful, and the required safeguards or safety appliances or devices are provided, and authorization for the removal of such red warning notice has been obtained from the director. However, nothing in this subsection prohibits an employer from directing employees to use or operate any such place of employment, machine, device, apparatus or equipment exclusively for the purpose of remedying the violation as specifically designated by the director in the red warning notice.

      (3) No person shall deface, destroy or remove any red warning notice posted pursuant to this section until authorization for the removal of such notice has been obtained from the director. [1973 c.833 §20 (enacted in lieu of 654.050); 1975 c.102 §3; 1977 c.804 §39; 1977 c.869 §2a]

 

      654.085 [Amended by 1973 c.833 §33; renumbered 654.285]

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1994–2021 · leading case: Nancy Doty, Inc. v. Wildcat Haven, Inc., 439 P.3d 1018 (Or. Ct. App. 2019).
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Nancy Doty, Inc. v. Wildcat Haven, Inc., 439 P.3d 1018 (Or. Ct. App. 2019). · cites it 3× “is subsection is a substantial factor in causing the injury, disease, symptom complex or similar condition; "(b) If the worker and the person otherwise exempt under this subsection are not engaged in the furtherance of a common enterprise or the accomplishment of the same or…”
OR-OSHA v. United Parcel Serv., Inc., 494 P.3d 959 (Or. Ct. App. 2021). “” Correctly framed, the problem that concerned the ALJ was not one of sufficiency of evidence; it was a prob- lem of what legal standard governs.”
Ass'n of Oregon Loggers, Inc. v. Dep't of Ins. & Fin., 883 P.2d 859 (Or. Ct. App. 1994). ““(g) Any person who violates the provisions of ORS 654.082(2) or (3) shall be assessed a civil penalty of not less than $100 and not more than $5,000 for each such violation.”
— Or. Rev. Stat. § 654.082(2) — 2 cases
OR-OSHA v. United Parcel Serv., Inc., 494 P.3d 959 (Or. Ct. App. 2021). “” Correctly framed, the problem that concerned the ALJ was not one of sufficiency of evidence; it was a prob- lem of what legal standard governs.”
Ass'n of Oregon Loggers, Inc. v. Dep't of Ins. & Fin., 883 P.2d 859 (Or. Ct. App. 1994). ““(g) Any person who violates the provisions of ORS 654.082(2) or (3) shall be assessed a civil penalty of not less than $100 and not more than $5,000 for each such violation.”
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