Oregon Revised Statutes

Or. Rev. Stat. § 654.305 (2026)

Protection and safety of persons in hazardous employment generally

✓ current as of May 2026
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      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 or the public shall use every device, care and precaution that is practicable to use for the protection and safety of life and limb, limited only by the necessity for preserving the efficiency of the structure, machine or other apparatus or device, and without regard to the additional cost of suitable material or safety appliance and devices. [Amended by 1997 c.249 §199]

Notes of Decisions
Cited in 147 cases (24 in the last 5 years), 1954–2026 · leading case: Yeatts v. Polygon Nw. Co., 379 P.3d 445 (Or. 2016).
Yeatts v. Polygon Nw. Co., 379 P.3d 445 (Or. 2016). · cites it 16× “Case Summary: Plaintiff, the direct employee of a subcontractor working on a construction jobsite, brought claims for relief against the general contractor under Oregon’s Employer Liability Law (ELL), ORS 654.305 to 654.336, and for common-law negligence, in which he sought…”
Thomas v. Foglio, 358 P.2d 1066 (Or. 1961). · cites it 26× “Plaintiff brought this action to recover damages resulting from the alleged violation of the Employers' Liability Law, ORS 654.305. The jury returned a verdict in favor of plaintiff, but a judgment notwithstanding the verdict was entered.”
Hess v. United States, 361 U.S. 314 (1960). · cites it 14× “It is surely beyond dispute that the Oregon Employers' Liability Law, Ore. Rev. Stat. § 654.305, imposes a stricter standard of duty than that imposed by maritime law.”
Kilminster v. Day Mgmt. Corp., 919 P.2d 474 (Or. 1996). · cites it 8× “"* * * * * "(2) The rights given to a subject worker and the beneficiaries of the subject worker under this chapter for injuries, diseases, symptom complexes or similar conditions arising out of and in the course of employment are in lieu of any remedies they might otherwise…”
Woodbury v. CH2M Hill, Inc., 61 P.3d 918 (Or. 2003). · cites it 5× “(defendant), alleging liability under the Employer Liability Law (ELL), ORS 654.305 to 654.336, 1 and common-law negligence.”
Sacher v. Bohemia, Inc., 731 P.2d 434 (Or. 1987). · cites it 9× “This is a negligence action brought by plaintiff under Oregon’s Employer Liability Act (ELA), ORS 654.305 to 654.335. Plaintiff was injured by a mill table saw owned by his employer, Cascade Handle Company, Inc.”
Errand v. Cascade Steel Rolling Mills, Inc., 888 P.2d 544 (Or. 1995). · cites it 6× “018(2) likewise provides that the "rights given to a subject worker * * * for compensable injuries under this chapter are in lieu of any remedies they might otherwise have for such injuries against the worker's *547 employer under ORS 654.305 to 654.335 or other laws, common law…”
Olsen v. Deschutes Cnty., 127 P.3d 655 (Or. Ct. App. 2006). · cites it 4× “In its third assignment of error, defendant asserts that the trial court should have granted defendant's motion to dismiss Olsen's claim for assault and each plaintiff's claim for negligence because the workers' compensation system provides plaintiffs' exclusive remedy.”
Sanford v. Hampton Res., Inc., 447 P.3d 1192 (Or. Ct. App. 2019). · cites it 4× “Plaintiffs then brought this action against defendants, alleging claims for negligence, breach of contract, and intentional interference with economic relations (IIER), 1 as well as a claim for relief under Oregon's Employer Liability Law (ELL), ORS 654.305 to 654.336. The trial…”
Boothby v. D.R. Johnson Lumber Co., 137 P.3d 699 (Or. 2006). · cites it 4× “Plaintiff claimed that Johnson Lumber was liable for her husband’s death both under Oregon’s Employer Liability Law (ELL), ORS 654.305 to 654.336, and common-law negligence.”
Torres v. United States Nat'l Bank, 670 P.2d 230 (Or. Ct. App. 1983). · cites it 6× “We hold that plaintiff's complaint states a negligence claim but fails to state a claim under the Employer's Liability Act (ELA), ORS 654.305. Plaintiff alleged that defendant installed a night depository at its branch at 72nd and N.”
Cain v. Bovis Lend Lease, Inc., 817 F. Supp. 2d 1251 (D. Or. 2011). · cites it 6× “§§ 654.305 to 654.335. Cain claims Bovis and McDonald, Cain’s employer, “were engaged in a common enterprise within the meaning of the [Act]”; Bovis either controlled or had the right to control the methods and manner of McDonald’s work on the project; Bovis installed the ladder…”
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