Oregon Revised Statutes

Or. Rev. Stat. § 654.097 (2026)

Consultative services required; program standards; rules

✓ current as of May 2026

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654.097 Consultative services required; program standards; rules. (1)(a) An insurer that provides workers’ compensation coverage to employers pursuant to ORS chapter 656 shall furnish occupational safety and health loss control consultative services to its insured employers in accordance with standards established by the Director of the Department of Consumer and Business Services.

(b) A self-insured employer shall establish and implement an occupational safety and health loss control program in accordance with standards established by the director.

(2) An insurer or self-insured employer may furnish any of the services required by this section through an independent contractor.

(3) The program of an insurer for furnishing loss control consultative services as required by this section shall be adequate to meet the minimum standards prescribed by the director by rule from time to time. Such services shall include the conduct of workplace surveys to identify health and safety problems, review of employer injury records with appropriate persons and development of plans for improvement of employer health and safety loss records. At the time a workers’ compensation insurance policy is issued and on an annual basis thereafter, the insurer shall notify its insured employers of the loss control consultative services that the insurer is required by rule to offer, without additional charge as provided in this section, and shall provide a written description of the services that the insurer does offer.

(4) The insurer shall not charge any fee in addition to the insurance premium for safety and health loss control consultative services.

(5) Each insurer shall make available, at the request of the director and in the form prescribed by the director, its annual expenditures for safety and health loss control activities for the prior year and its budget for safety and health loss control activities for the following year.

(6) As used in this section, “employer,” “insurer” and “self-insured employer” have the meaning for those terms provided in ORS 656.005. [Formerly 656.451; 2007 c.241 §21]

Note: 654.097 was added to and made a part of 654.001 to 654.295 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

654.100 [Repealed by 1973 c.833 §31 (654.251 enacted in lieu of 654.100)]

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: OR-OSHA v. United Parcel Serv., Inc., 494 P.3d 959 (Or. Ct. App. 2021).

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OR-OSHA v. United Parcel Serv., Inc., 494 P.3d 959 (Or. Ct. App. 2021). “090(3) (director required to provide “consultative services” for employers, which include “special inspection or investigation, focused on spe- cific problems or hazards” in the workplace; “citation and civil penalty” may not directly result from such consultative services); see…”

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