ORS § 656.593 — OR Code / Title 51 / Chapter 656 / Section 656.593
656.593 Procedure when worker or beneficiary elects to bring action
Status: in_force

(1) If a worker or the beneficiaries of the worker elect to recover damages from an employer or third person, the worker or beneficiaries shall give notice of the election to the paying agency by personal service or by registered or certified mail. The paying agency likewise must be given notice of the name of the court in which the action is brought, and a return showing service of the notice on the paying agency must be filed with the clerk of the court but is not a part of the record except to give notice to the defendant of the lien of the paying agency, as provided in this section. The proceeds of any damages the worker or beneficiaries recover from an employer or third person are subject to a lien of the paying agency for the paying agency’s share of the proceeds as set forth in this section. If the proceeds are paid in a series of payments, each payment must be distributed proportionately to each recipient according to the formula provided in this section, unless the parties otherwise agree. The total proceeds must be distributed as follows:

(a) Costs and attorney fees incurred must be paid, and the attorney fees may not exceed the advisory schedule of fees established by the Workers’ Compensation Board for such actions.

(b) The worker or the beneficiaries of the worker must receive at least 33-1/3 percent of the balance of the recovery.

(c) The paying agency must be paid and retain the balance of the recovery, but only to the extent that the paying agency is compensated for the paying agency’s expenditures for compensation, first aid or other medical, surgical or hospital service, and for the present value of reasonably expected future expenditures the paying agency makes for compensation and other costs of the worker’s claim under this chapter. Other costs include expenditures that the Department of Consumer and Business Services makes from the Consumer and Business Services Fund, the Self-Insured Employer Adjustment Reserve, the Self-Insured Employer Group Adjustment Reserve and the Workers’ Benefit Fund to reimburse the costs of the paying agency. Other costs also include assessments for the Workers’ Benefit Fund and any compensation that may become payable under ORS 656.273 (Aggravation for worsened conditions) or 656.278 (Board has continuing authority to alter earlier action on claim) .

(d) The balance of the recovery must be paid to the worker or the beneficiaries of the worker forthwith. The board shall resolve any conflict as to the amount of the balance that the paying agency may retain.

(2) The amount the worker or the beneficiaries of the worker retain must be in addition to the compensation or other benefits to which the worker or beneficiaries are entitled under this chapter.

(3) A claimant may settle any third party case with the approval of the paying agency, in which event the paying agency may accept a share of the proceeds that is just and proper and the worker or the beneficiaries of the worker must receive the amount to which the worker would be entitled for a recovery under subsections (1) and (2) of this section. The board shall resolve any conflict as to what may be a just and proper distribution.

(4) As used in this section, “paying agency” includes the Department of Consumer and Business Services with respect to expenditures from the Consumer and Business Services Fund, the Self-Insured Employer Adjustment Reserve, the Self-Insured Employer Group Adjustment Reserve and the Workers’ Benefit Fund the department makes, together with the present value of any reasonably expected future expenditures from the funds or reserves that the department may make, to reimburse the costs of another paying agency and to compensate or pay other costs of a worker’s claim because of a self-insured employer’s or self-insured employer group’s insolvency, default or decertification.

(5) The department must be repaid for the department’s expenditures from the proceeds the paying agency recovered in an amount proportional to the amount of the department’s reimbursement of the paying agency’s costs. The department shall deposit all moneys the department receives under this section in the same fund from which the department’s expenditures originated.

(6) Before, and instead of, the distribution of proceeds described in subsection (1) of this section, if a worker or the beneficiaries of a worker are entitled to receive payment pursuant to a judgment or a settlement in a third party action in the amount of $1 million or more, the worker or the beneficiaries of the worker may elect to release the paying agency from all further liability on the workers’ compensation claim, thereby canceling the lien of the paying agency as to the present value of the paying agency’s reasonably expected future expenditures for workers’ compensation and other costs of the worker’s claim, if all of the following conditions are met as part of the claim release:

(a) The worker or the beneficiaries of the worker are represented by an attorney.

(b) The release of the claim is presented in writing and is filed with the Workers’ Compensation Board, with a copy served on the paying agency, including the Department of Consumer and Business Services with respect to the department’s expenditures from the Consumer and Business Services Fund, the Self-Insured Employer Adjustment Reserve, the Self-Insured Employer Group Adjustment Reserve and the Workers’ Benefit Fund.

(c) The claim release specifies that the worker or the beneficiaries of the worker understand that the claim release means that no further benefits of any nature whatsoever will be paid to the worker or the beneficiaries of the worker.

(d) The release of the claim is accompanied by a settlement stipulation with the paying agency, outlining terms of reimbursement to the paying agency, covering the paying agency’s incurred expenditures for compensation, first aid or other medical, surgical or hospital service and for expenditures from the Consumer and Business Services Fund, the Self-Insured Employer Adjustment Reserve, the Self-Insured Employer Group Adjustment Reserve and the Workers’ Benefit Fund to the date the release becomes final or the order of the board becomes final. If the payment of such incurred expenditures is in dispute, the release of the claim must be accompanied by a written submission of the dispute by the worker or the beneficiaries of the worker to the board for resolution of the dispute by order of the board under procedures allowing for board resolution under ORS 656.587 (Paying agency must join in any compromise) , in which case the release of the claim is not final until such time as the order of the board becomes final. In such a case, the only issue to be decided by the board is the amount of incurred expenses by the paying agency.

(e) If a service, item or benefit has been provided but a bill for that service, item or benefit has not been received by the paying agency before the release or order becomes final, the reimbursement payment must cover the bill in accordance with the following process:

(A) The paying agency may maintain a contingency fund in an amount reasonably sufficient to cover reimbursement for the billing.

(B) If a dispute arises as to reimbursement for any bill first received by the paying agency not later than 180 days after the date the release or order became final, the dispute must be resolved by order of the board.

(C) Any amount remaining in the contingency fund after the 180-day period must be paid to the worker or the beneficiaries of the worker.

(D) Any billing for a service, item or benefit that is first received by the paying agency more than 180 days after the date the release or order became final is unenforceable by the person who issued the bill.

(f) The settlement or judgment proceeds are available for payment or actually have been paid out and are available in a trust fund or similar account, or are available through a legally enforceable structured settlement agreement if sufficient funds are available to make payment to the paying agency.

(g) The agreed-upon payment to the paying agency, or the payment to the paying agency ordered by the board, is made within 30 days of the filing of the withdrawal of the claim with the board or within 30 days after the board has entered a final order resolving any dispute with the paying agency.

(7) If a release of further liability on a claim, as provided in subsection (6) of this section, has been filed, and if payment to the paying agency has been made, the effect of the release is that the worker or the beneficiaries of the worker have no further right to seek benefits under the original claim, or any independent workers’ compensation claim regarding the same circumstances, and the claim may not be reasserted, refiled or reestablished through any legal proceeding. [Formerly 656.322; 1977 c.804 §16; 1979 c.839 §12; 1981 c.540 §1; 1985 c.600 §12; 1987 c.373 §35b; 1993 c.445 §1; 1995 c.332 §47; 1995 c.641 §8; 1997 c.639 §4; 2017 c.69 §3]

Source: Section 656.593 — Procedure when worker or beneficiary elects to bring action; release of liability and lien of paying agency in certain cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 657.760 — OR Code / Title 51 / Chapter 657 / Section 657.760
657.760 Reciprocal agreements on coverage and collection of contributions
Status: in_force

The Director of the Employment Department may enter into agreements with the appropriate agencies of other states or the federal government whereby:

(1) Potential rights to benefits accumulated under the unemployment insurance laws of the several states or under such a law of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms which the director finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the fund.

(2) Individuals performing services in this and other states for a single employing unit under circumstances not specifically provided for in ORS 657.035 (Employment) (2) or under similar provisions in the unemployment insurance laws of such other states, shall be deemed to be engaged in employment performed entirely within this state or within one of such other states and whereby potential rights to benefits accumulated under the unemployment insurance laws of one or more states or under such a law of the federal government, or both, may constitute the basis for the payment of benefits.

(3) The collection and payment of contributions by employers with respect to employment not localized within this state is adjusted.

Source: Section 657.760 — Reciprocal agreements on coverage and collection of contributions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657.005 — OR Code / Title 51 / Chapter 657 / Section 657.005
657.005 Short title
Status: in_force

This chapter shall be known and may be cited as the Employment Department Law. [Amended by 1959 c.583 §14; 1993 c.344 §2]

Source: Section 657.005 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657.895 — OR Code / Title 51 / Chapter 657 / Section 657.895
657.895 Unemployment compensation programs under federal authority
Status: in_force

Notwithstanding any other provision of this chapter, the Employment Department, at the direction of the Governor, may take appropriate action to expedite and provide for the implementation of an unemployment compensation program not provided for in this chapter, if the program is authorized by the United States Secretary of Labor and if the director determines that the program will be beneficial to the state and its people through the receipt of additional federal money for unemployment compensation purposes. The Employment Department shall notify interested parties if action is taken under this section. [1993 c.200 §2]

Source: Section 657.895 — Unemployment compensation programs under federal authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 661.280 — OR Code / Title 51 / Chapter 661 / Section 661.280
661.280 Attorney fees
Status: in_force

In any action under ORS 661.250 (Actions to enjoin counterfeits or unauthorized use of label) or 661.260 (Liability for false or fraudulent application) , the court may award reasonable attorney fees to the prevailing party. [Amended by 1981 c.897 §97; 1995 c.618 §118]

Source: Section 661.280 — Attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors661.­html (accessed May 26, 2025).
ORS § 657.823 — OR Code / Title 51 / Chapter 657 / Section 657.823
657.823 Employment Tax Guarantee Fund
Status: in_force

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Employment Tax Guarantee Fund. The Employment Tax Guarantee Fund shall consist of:

(a) Money deposits received under ORS 657.505 (Payment of and liability for taxes) or 657.507 (Employer’s security for payment of contributions) ; and

(b) Proceeds of bonds posted under ORS 657.505 (Payment of and liability for taxes) or 657.507 (Employer’s security for payment of contributions) .

(2) Interest earned on the Employment Tax Guarantee Fund shall be credited to the Employment Department Special Administrative Fund. [1967 c.435 §14; 1995 c.37 §6; 2003 c.401 §2]

Source: Section 657.823 — Employment Tax Guarantee Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 659a.419 — OR Code / Title 51 / Chapter 659a / Section 659a.419
659A.419 Closed captioning required on television receivers in places of public accommodation
Status: in_force

(1) As used in this section:

(a) “Closed-captioned television receiver” means a television and any other apparatus that is designed to receive or play back video programming transmitted simultaneously with sound and to display closed captioning, if technically feasible.

(b) “Closed captioning” means a transcript or dialog of the audio portion of video programming that is displayed on the screen of a closed-captioned television receiver in real-time and in the language of the audio programming.

(c) “Judicial department” has the meaning given that term in ORS 174.113 (“Judicial department” defined) .

(d) “Public area” means a part of a place of public accommodation that is open to the general public.

(2) Intentionally left blank —Ed.

(a) Except as otherwise provided by subsections (3), (4) and (6) of this section, every place of public accommodation that provides a closed-captioned television receiver in a public area shall activate closed captioning on the receiver unless the receiver does not have the technical ability to display closed captioning.

(b) The closed captioning must appear in white text, on a black background, in a style, font and size that is readable to a person with a visual impairment.

(3) Whenever a place of public accommodation provides multiple closed-captioned television receivers in a public area, the place of public accommodation shall activate closed captioning on at least 50 percent of the receivers within the area.

(4) If a place of public accommodation offers closed-captioned television receivers as merchandise for sale and the receivers are displayed together, the place of public accommodation shall activate closed captioning on at least one of the receivers on display.

(5) Intentionally left blank —Ed.

(a) A person acting on behalf of a place of public accommodation shall provide training to staff regarding the requirements of this section.

(b) The Bureau of Labor and Industries shall develop, and make available on the bureau’s website, model training for a person acting on behalf of a place of public accommodation to use as guidance in providing the training required under paragraph (a) of this subsection.

(6) This section does not:

(a) Invalidate or limit the remedies, rights and procedures of any other federal, state or local laws that provide equal or greater protection of the rights of an individual with a disability who requests a reasonable accommodation that may be necessary to afford the individual with full and equal enjoyment of the place of public accommodation.

(b) Require a place of public accommodation to repair or replace a closed-captioned television receiver that does not have the technical ability to display closed captioning.

(c) Apply to the judicial department.

(d) Require a place of public accommodation to display closed captioning on a closed-captioned television receiver with a picture screen that measures 12 inches or less in size.

(e) Require a place of public accommodation to display closed captioning on a closed-captioned television receiver located:

(A) In a private room that is made available for rent; or

(B) In a hospital patient room.

(7) Any violation of this section by a place of public accommodation or person acting on behalf of the place of public accommodation is an unlawful practice.

(8) A person who alleges a violation of this section may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided in ORS 659A.820 (Complaints) .

(9) Intentionally left blank —Ed.

(a) The bureau shall develop and provide a notice to the person acting on behalf of a place of public accommodation against whom a violation is alleged that states that the person may avoid a civil penalty for the violation by curing the violation within 30 days. The notice described under this paragraph must accompany the notice required under ORS 659A.820 (Complaints) (6).

(b) If the person fails to cure the violation within 30 days, the bureau may impose a civil penalty of $75 upon the person found to have committed the violation. The bureau may impose a civil penalty of $150 for the second and each subsequent violation.

(c) The bureau is not required to provide the person with an opportunity to cure a second or subsequent violation before imposing the civil penalty for the second or subsequent violation.

(10) The bureau shall impose civil penalties under this subsection in the manner provided by ORS 183.745 (Civil penalty procedures) .

(11) Moneys collected as penalties under this section shall be deposited in the Bureau of Labor and Industries Account established under ORS 651.160 (Bureau of Labor and Industries Account) .

(12) The Commissioner of the Bureau of Labor and Industries may adopt rules reasonably necessary for the administration of this section. [2023 c.144 §2]

Source: Section 659A.419 — Closed captioning required on television receivers in places of public accommodation; exceptions; training requirements; penalties; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 657.530 — OR Code / Title 51 / Chapter 657 / Section 657.530
657.530 Lien on property used in connection with employment on which contributions are due
Status: in_force

The Director of the Employment Department also shall have a lien upon all real or personal property of the employer used in connection with the employment on which contributions are due, in a sum equal to the amount at any time due from any employer subject to this chapter on account of labor performed by the workers of such employer, together with interest and penalty.

Source: Section 657.530 — Lien on property used in connection with employment on which contributions are due , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 656.212 — OR Code / Title 51 / Chapter 656 / Section 656.212
656.212 Temporary partial disability
Status: repealed

When the disability is or becomes partial only and is temporary in character:

(1) No disability payment is recoverable for temporary disability suffered during the first three calendar days after the worker leaves work or loses wages as a result of the compensable injury. If the worker leaves work or loses wages on the day of the injury due to the injury, that day shall be considered the first day of the three-day period.

(2) The payment of temporary total disability pursuant to ORS 656.210 (Temporary total disability) shall cease and the worker shall receive that proportion of the payments provided for temporary total disability which the loss of wages bears to the wage used to calculate temporary total disability pursuant to ORS 656.210 (Temporary total disability) . [Amended by 1953 c.672 §2; 1995 c.332 §16; amendments by 1995 c.332 §16a repealed by 1999 c.6 §1; 1999 c.538 §1]

Source: Section 656.212 — Temporary partial disability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 662.810 — OR Code / Title 51 / Chapter 662 / Section 662.810
662.810 Declaration of policy
Status: in_force

(1) The Legislative Assembly recognizes and declares that agriculture is of great importance to the economy of the state and to the well-being of its citizens. Because of the perishable nature of agricultural crops, they must be harvested at the proper stage of maturity, and if this harvest is interfered with the crop may become a total loss with a resulting waste or loss of food, adverse effect upon consumer prices, loss of employment to agricultural laborers and severe dislocation of the entire economy of the state. The picketing of farms, ranches or orchards at such times as would prevent the planting or harvesting of such crops directly affects the public welfare and requires regulation by the state in the exercise of its police power.

(2) Nothing in ORS 662.805 (Definitions for ORS 662.805 to 662.825) to 662.825 (Jurisdiction to enjoin violations) shall be construed to prohibit any right of employees to organize and bargain collectively with their employers. [1963 c.543 §§1,6]

Source: Section 662.810 — Declaration of policy; right to organize and bargain collectively , https://www.­oregonlegislature.­gov/bills_laws/ors/ors662.­html (accessed May 26, 2025).
ORS § 658.410 — OR Code / Title 51 / Chapter 658 / Section 658.410
658.410 Labor contractor license requirement
Status: in_force

(1) Except as provided by ORS 658.425 (Temporary permit pending issuance of license) and subsection (3) of this section, a person may not act as a labor contractor without a valid license in the person’s possession issued to the person by the Commissioner of the Bureau of Labor and Industries. Except as provided in subsection (3) of this section, a person may not act as a farm labor contractor with regard to the forestation or reforestation of lands unless the person possesses a valid farm labor contractor’s license with the indorsement required by ORS 658.417 (Additional requirements for forestation activities) (1). The Bureau of Labor and Industries shall make rules for the issuance of duplicate licenses in the event of the loss or destruction of original licenses.

(2) Labor contractor licenses may be issued by the commissioner only as follows:

(a) To a natural person operating as a sole proprietor under the person’s own name or under an assumed business name registered with the Office of Secretary of State.

(b) To two or more natural persons operating as a partnership or as a limited liability partnership under their own names or under an assumed business name registered with the Office of Secretary of State.

(c) Except as provided in subsection (3) of this section, to the majority shareholder or majority shareholders of a corporation or a limited liability company that is licensed to operate as a labor contractor.

(d) Except as provided in subsection (3) of this section, to a corporation or a limited liability company whose majority shareholder or majority shareholders are also licensed to operate as a labor contractor and that is authorized to do business in Oregon by the Office of Secretary of State.

(e) To a cooperative corporation authorized to do business in Oregon by the Office of Secretary of State.

(f) To a private nonprofit corporation authorized to do business in Oregon by the Office of Secretary of State and designated by the Internal Revenue Service as exempt under section 501(c)(3) of the Internal Revenue Code, provided:

(A) Intentionally left blank —Ed.

(i) The purpose of the corporation is to provide education or training; and

(ii) Workers recruited, solicited, supplied or employed by the corporation are recruited, solicited, supplied or employed only for the purpose of educating or training the workers in construction, in the forestation or reforestation of lands or in the production or harvesting of farm products; or

(B) For at least five years before the corporation files an application for a labor contractor license, the corporation has been:

(i) Authorized to do business in Oregon by the Office of Secretary of State;

(ii) Primarily engaged in recruiting, soliciting, supplying or employing workers; and

(iii) Designated by the Internal Revenue Service as exempt under section 501(c)(3) of the Internal Revenue Code.

(g) For a farm labor contractor license only, to an agricultural association that is authorized to do business in Oregon by the Office of Secretary of State.

(h) For a property services contractor license only:

(A) To any of the business entities described in paragraphs (b) to (f) of this subsection, provided that each entity includes with the application for a license under ORS 658.415 (Application for license) the names and addresses of one or more individuals who are responsible, financially and otherwise, for fulfilling the entity’s obligations consistent with the provisions of ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.511 (Wage claim against property services contractor or construction labor contractor) .

(B) To a private nonprofit corporation authorized to do business in Oregon by the Office of Secretary of State and designated by the Internal Revenue Service as exempt under section 501(c)(3) of the Internal Revenue Code provided that the corporation is primarily engaged in recruiting, soliciting, supplying or employing workers.

(3) The majority shareholder or majority shareholders of a corporation or limited liability company are not required to be licensed under this section if the corporation or limited liability company:

(a) Intentionally left blank —Ed.

(A) Publicly trades its shares of stock on a stock exchange regulated by the United States Securities and Exchange Commission; or

(B) Has 10 or more shareholders and demonstrates to the satisfaction of the commissioner that the corporation or limited liability company is adequately capitalized; and

(b) Is authorized to do business in Oregon by the Office of Secretary of State. [1959 c.395 §2; 1961 c.390 §2; 1983 c.476 §1; 1983 c.654 §4; 1989 c.164 §2; 1999 c.628 §2; 2001 c.178 §1; 2013 c.584 §4; 2018 c.8 §2]

Source: Section 658.410 — Labor contractor license requirement; issuance; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 656.307 — OR Code / Title 51 / Chapter 656 / Section 656.307
656.307 Determination of issues regarding responsibility for compensation payment
Status: in_force

(1) Intentionally left blank —Ed.

(a) Where there is an issue regarding:

(A) Which of several subject employers is the true employer of a claimant worker;

(B) Which of more than one insurer of a certain employer is responsible for payment of compensation to a worker;

(C) Responsibility between two or more employers or their insurers involving payment of compensation for one or more accidental injuries; or

(D) Joint employment by two or more employers,

the Director of the Department of Consumer and Business Services shall, by order, designate who shall pay the claim, if the employers and insurers admit that the claim is otherwise compensable. Payments shall begin in any event as provided in ORS 656.262 (Processing of claims and payment of compensation) (4).

(b) At the time of claim closure, all parties to an order issued pursuant to paragraph (a) of this subsection shall have reconsideration and appeal rights.

(2) The director then shall request the Workers’ Compensation Board chairperson to appoint an Administrative Law Judge to determine the responsible paying party. The proceedings shall be conducted in the same manner as any other hearing and any further appeal shall be conducted pursuant to ORS 656.295 (Board review of Administrative Law Judge orders) and 656.298 (Judicial review of board orders) .

(3) When a determination of the responsible paying party has been made, the director shall direct any necessary monetary adjustment between the parties involved. Any monetary adjustment not reimbursed by an insurer or self-insured employer shall be recovered from the Consumer and Business Services Fund. Any stipulation or agreement under subsection (6) of this section shall not obligate the Consumer and Business Services Fund for reimbursement without prior approval of the Director of the Department of Consumer and Business Services.

(4) No self-insured employer or an insurer shall be joined in any proceeding under this section regarding its responsibility for any claim subject to ORS 656.273 (Aggravation for worsened conditions) unless the issue is entitled to hearing on application of the worker.

(5) The claimant shall be joined in any proceeding under this section as a necessary party, but may elect to be treated as a nominal party. If the claimant appears at any such proceeding and actively and meaningfully participates through an attorney, the Administrative Law Judge may require that a reasonable fee for the claimant’s attorney be paid by the employer or insurer determined by the Administrative Law Judge to be the party responsible for paying the claim.

(6) Intentionally left blank —Ed.

(a) Notwithstanding subsection (2) of this section, parties to a responsibility proceeding under this section may agree to resolution of the dispute by mediation or arbitration by a private party. Any settlement stipulation, arbitration decision or other resolution of matters in dispute resulting from mediation or arbitration proceedings shall be filed with the Hearings Division and shall be given the same force and effect as an order of an Administrative Law Judge made pursuant to subsection (2) of this section. However, any such settlement stipulation, arbitration decision or other resolution is binding on the parties and is not subject to review by the director, an Administrative Law Judge, the board or any court or other administrative body, unless required pursuant to paragraph (d) of this subsection or subsection (3) of this section.

(b) For purposes of this subsection, mediation is a process of discussion and negotiation, with the mediator playing a central role in seeking a consensus among the parties. Such consensus may be reflected in a final mediation settlement stipulation, signed by all the parties and fully binding upon the parties with the same effect as a final order of an Administrative Law Judge, when the signed mediation settlement stipulation is filed with the Hearings Division of the Workers’ Compensation Board.

(c) For purposes of this subsection, arbitration is an agreement to submit the matter to a binding decision by an arbitrator, through a process mutually agreed upon in advance. Once all the parties have agreed in writing to proceed with arbitration, no party may withdraw from the arbitration process except as provided in the written arbitration agreement.

(d) A mediation settlement stipulation may include matters beyond the responsibility issues. If other matters are included, the settlement agreement shall be submitted to the Hearings Division of the Workers’ Compensation Board for review and approval, under this chapter, as to such additional matters beyond the responsibility issues.

(e) Any arbitration decision shall be limited to a decision as to responsibility and, where appropriate, the payment of associated costs and attorney fees. The arbitrator’s decision shall have the same effect as a final order of an Administrative Law Judge when the signed decision is filed with the Hearings Division.

(f) When the parties have reported to the Hearings Division that they have agreed upon a mediation or arbitration process, the hearing shall be deferred for 90 days to allow the mediation or arbitration process to occur. Once 90 days have passed, the matter shall again be docketed for hearing unless the parties advise the Hearings Division in writing that progress has been made and request an extension of time of up to 90 days, which extension of time shall be granted as a matter of right. Once the second 90 days have passed, the matter shall again be docketed for hearing, and the hearing shall proceed before an Administrative Law Judge as though there had been no mediation or arbitration process, unless the parties present a mediation settlement stipulation or signed arbitration decision before the hearing begins.

(g) All parties must agree in writing to pursue mediation or arbitration and must agree upon the selection of the mediator or arbitrator. The mediator or arbitrator shall not be an employee of any insurer or self-insured employer that is a party to the proceedings. The mediator or arbitrator must be an attorney admitted to practice law in the State of Oregon. The mediator or arbitrator may serve as a mediator or arbitrator, even if the mediator or arbitrator separately represents any insurer or self-insured employer in other proceedings, provided that all parties are advised of such representation and consent in writing that the mediator or arbitrator may so serve despite such other representation. Such written consent supersedes any legal ethics restrictions otherwise provided for in law or regulation.

(h) If the claimant is represented by an attorney, the other parties must arrange for payment of a reasonable attorney fee for the claimant’s attorney’s services during the mediation or arbitration. Any mediation or arbitration agreement shall specify the terms of the fee arrangement.

(i) If the claimant is not represented by an attorney, the mediation process cannot include any issue other than responsibility. A nonrepresented claimant must be advised in writing of the following before the mediation or arbitration proceeds:

(A) The claimant’s right to refuse to participate in mediation or arbitration proceedings and to, instead, proceed to a hearing before an Administrative Law Judge;

(B) The present rate of temporary total disability benefits for each alleged date of injury;

(C) The present rate of permanent partial disability benefits for each alleged date of injury;

(D) The estimated date of expiration of aggravation rights for each alleged date of injury; and

(E) The claimant’s right to be represented by counsel of the claimant’s choice at no expense to the claimant.

(j) Notwithstanding any other provision of law, any insurer or self-insured employer may be represented by a certified claims examiner rather than by an attorney in any mediation or arbitration hereunder. Any separate insured for the same insurer shall be represented by a separate claims examiner, if the insured has a continuing financial exposure as to the claim; where no continuing financial exposure exists, a single certified claims examiner may represent more than one insured for the same insurer in the mediation or arbitration proceeding.

(k) Any other procedures as to mediation or arbitration shall be subject to agreement among the parties. The Workers’ Compensation Board may adopt rules as to the process for deferral and docketing of hearings where mediation or arbitration occurs, the filing of arbitration decisions as orders of the Hearings Division, the filing of mediation settlement stipulations regarding responsibility as orders of the Hearings Division, and review and approval of mediation settlement stipulations that extend beyond the issues of responsibility and associated attorney fees and costs. The Workers’ Compensation Board shall not enact rules that restrict the mediation or arbitration process except to the extent provided within this section. [1965 c.285 §39; 1971 c.70 §1; 1979 c.839 §8; 1987 c.713 §5; 1995 c.332 §36; 1997 c.43 §1; 1999 c.313 §9; 1999 c.876 §3; 2003 c.657 §§9,10; 2007 c.274 §5]

Source: Section 656.307 — Determination of issues regarding responsibility for compensation payment; mediation or arbitration procedure; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 660.002 — OR Code / Title 51 / Chapter 660 / Section 660.002
660.002 Declaration of policy
Status: in_force

It is the policy of the State of Oregon:

(1) To encourage the development of an apprenticeship and training system through the voluntary cooperation of management, labor and interested state agencies, and in cooperation with other states and the federal government.

(2) To provide for the establishment and promotion of standards of apprenticeship and training to safeguard the welfare of apprentices and trainees and ensure proper training of an adequate, skilled labor force.

(3) To encourage the preparation of persons with skills that will enable them to find gainful employment in an ever-changing society and ensure the continued growth and development of the economy of Oregon by contributing to the maintenance of an adequate supply of skilled workers. [1957 c.270 §2; 1967 c.6 §2; 2007 c.620 §1]

Source: Section 660.002 — Declaration of policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 657.266 — OR Code / Title 51 / Chapter 657 / Section 657.266
657.266 Initial determination of eligibility and amount of benefits
Status: in_force

(1) An authorized representative shall promptly examine each new claim for benefits and, on the basis of information available, determine the total amount of wages paid to the claimant during the base year and whether or not such amount is sufficient to qualify the claimant for benefits and, if so, the weekly benefit amount payable to the claimant, the maximum amount payable with respect to such benefit year and the maximum duration thereof. The initial determination under this section shall be applicable to all weeks of the benefit year respecting which the claim was filed; however, such determination may be amended with respect to any week or weeks of the benefit year.

(2) The Director of the Employment Department shall promptly give notice of an initial determination under this section to the claimant and to any employers that have paid wages to the claimant during the base year. Initial notice to a base-year employer shall include notice of the potential charges to the employer’s account under ORS 657.471 (Manner of charging benefits to employer) .

(3) The director shall promptly give notice of an amended determination under this section to the claimant and to all employers that have paid wages to the claimant during the base year and that are affected by the amended determination.

(4) An initial or amended determination may be canceled by the claimant at any time even though final, providing no disqualification has been assessed, no appeal of a disqualification or denial has been requested by the claimant nor benefits paid on such claim.

(5) Unless the claimant or a base-year employer files a request for hearing on the initial or amended determination with the director, the determination shall become final and the Employment Department shall pay or deny benefits in accordance with the determination, unless otherwise provided by law. The request for hearing must be filed not later than 10 days after the delivery of the initial or amended determination unless the Employment Department mails the determination, in which case the request for hearing must be filed not later than 10 days after the date the determination is mailed to the last-known address of the claimant and the base-year employer. [1993 c.778 §6; 2001 c.101 §1]

Source: Section 657.266 — Initial determination of eligibility and amount of benefits; notice to affected parties; cancellation of determination; determination becomes final when hearing not requested , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 656.797 — OR Code / Title 51 / Chapter 656 / Section 656.797
656.797 Certification by nurse practitioner of review of required materials
Status: in_force

On or after October 1, 2004, a nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) , prior to providing compensable medical services or authorizing temporary disability benefits under ORS 656.245 (Medical services to be provided) , must certify in a form acceptable to the Director of the Department of Consumer and Business Services that the nurse practitioner has reviewed the materials developed under ORS 656.795 (Informational materials for nurse practitioners) . [2003 c.811 §30]

Note: See note under 656.795 (Informational materials for nurse practitioners) .

Source: Section 656.797 — Certification by nurse practitioner of review of required materials , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 654.206 — OR Code / Title 51 / Chapter 654 / Section 654.206
654.206 Grounds for issuance of inspection warrants
Status: in_force

(1) An inspection warrant shall be issued only upon cause, supported by affidavit, particularly describing the applicant’s status in applying for the warrant hereunder, the statute, ordinance or regulation requiring or authorizing the inspection or investigation, the place of employment to be inspected or investigated and the purpose for which the inspection or investigation is to be made including the basis upon which cause exists to inspect. In addition, the affidavit shall contain either a statement that entry has been sought and refused or facts or circumstances reasonably showing that the purposes of the inspection or investigation might be frustrated if entry were sought without an inspection warrant.

(2) Cause shall be deemed to exist if reasonable legislative or administrative standards for conducting a routine, periodic or area inspection are satisfied with respect to the particular place of employment, or there is probable cause to believe that a condition of nonconformity with a safety or health statute, ordinance, regulation, rule, standard or order exists with respect to the particular place of employment, or an investigation is reasonably believed to be necessary in order to determine or verify the cause of an employee’s death, injury or illness. [1971 c.405 §2; 1973 c.833 §26]

Source: Section 654.206 — Grounds for issuance of inspection warrants; requirements of affidavit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html (accessed May 26, 2025).
ORS § 652.515 — OR Code / Title 51 / Chapter 652 / Section 652.515
652.515 Effect of Oregon Receivership Code
Status: in_force

If applicable under ORS 37.040 (Applicability) , the Oregon Receivership Code controls over conflicting provisions of ORS 652.510 (Payment of wage claims by receivers, assignees or court) to 652.570 (Priority of wage claims over transfers in payment of preexisting obligations) . [2017 c.358 §55]

Source: Section 652.515 — Effect of Oregon Receivership Code , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 656.596 — OR Code / Title 51 / Chapter 656 / Section 656.596
656.596 Damage recovery as offset against compensation
Status: in_force

(1) If no workers’ compensation claim has been filed or accepted at the time a worker or the beneficiaries of a worker recover damages from a third person or noncomplying employer pursuant to ORS 656.576 (“Paying agency” defined) to 656.596 (Damage recovery as offset against compensation) , the amount of the damages shall constitute an offset against compensation due the worker or beneficiaries of the worker for the injuries for which the recovery is made to the extent of any lien that would have been authorized by ORS 656.576 (“Paying agency” defined) to 656.596 (Damage recovery as offset against compensation) if a workers’ compensation claim had been filed and accepted at the time of recovery of damages.

(2) The offset created by subsection (1) of this section shall be recoverable from compensation payable to the worker, the worker’s beneficiaries and the worker’s attorney. No compensation payments shall be made to the worker, the worker’s beneficiaries or the worker’s attorney until the offset has been fully recovered.

(3) The worker or the beneficiaries of the worker shall notify the paying agency or potential paying agency of the amount of any damages recovered from a third person or noncomplying employer at the time of recovery or when the worker or the beneficiaries of a worker file a workers’ compensation claim that is subject to ORS 656.576 (“Paying agency” defined) to 656.596 (Damage recovery as offset against compensation) . [1993 c.644 §2; 1995 c.332 §48]

FUNDS; SOURCE; INVESTMENT; DISBURSEMENT

Source: Section 656.596 — Damage recovery as offset against compensation; recovery procedure; notice to paying agency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 656.722 — OR Code / Title 51 / Chapter 656 / Section 656.722
656.722 Authority to employ subordinates
Status: in_force

The Workers’ Compensation Board chairperson may employ and terminate the employment of such assistants, experts, field personnel and clerks as may be required in the administration of ORS chapter 654 and this chapter and other duties assigned to the board or the board chairperson by statute. [Formerly 656.416; 1977 c.804 §29; 1981 c.860 §§2,6; 1987 c.373 §42; 1999 c.876 §7]

Source: Section 656.722 — Authority to employ subordinates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 657.487 — OR Code / Title 51 / Chapter 657 / Section 657.487
657.487 Judicial review of decisions under ORS 657.485
Status: in_force

Judicial review of decisions or orders under ORS 657.485 (Notice of rate) shall be as provided for review of orders in contested cases in ORS chapter 183, except that the petition shall be filed within 20 days after the order is final. The Director of the Employment Department may file petition for judicial review in accordance with this section from decisions of the administrative law judge. [1971 c.734 §97; 1977 c.538 §8; 1999 c.849 §135; 2003 c.75 §103]

Source: Section 657.487 — Judicial review of decisions under ORS 657.485 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657.130 — OR Code / Title 51 / Chapter 657 / Section 657.130
657.130 Wages
Status: in_force

“Wages” does not include the amount of any payment made by an employing unit to, or on behalf of, an individual performing service for it, or the individual’s beneficiary:

(1) From or to a trust exempt from tax under section 401(a) of the United States Code at the time of such payment unless such payment is made to an individual performing service for the trust as remuneration for such service and not as a beneficiary of the trust; or

(2) Under or to an annuity plan which, at the time of such payment, meets the requirements of section 401(a) of the United States Code. [Amended by 1973 c.300 §4; 1981 c.77 §7]

Source: Section 657.130 — Wages; exclusion of payments from certain trusts and annuities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657.467 — OR Code / Title 51 / Chapter 657 / Section 657.467
657.467 Amounts included in fund adequacy percentage ratio computations
Status: in_force

Notwithstanding the payment of regular and extended unemployment insurance benefits to employees of employing units which reimburse the fund in lieu of taxes from moneys in the Unemployment Compensation Trust Fund, such moneys shall be included with the balance in the Unemployment Compensation Trust Fund in any computation of a fund adequacy percentage ratio under this chapter as though said moneys had been reimbursed to the fund as provided in ORS 657.505 (Payment of and liability for taxes) . Should advance payments made by reimbursing employers exceed the amount of benefit payments, the excess amount shall be excluded from the fund balance. [1965 c.359 §3; subsection (2) enacted

as 1967

c.435 §12; 1971 c.463 §17; 1977 c.538 §5]

§4]

Source: Section 657.467 — Amounts included in fund adequacy percentage ratio computations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 651.110 — OR Code / Title 51 / Chapter 651 / Section 651.110
651.110 Assistance and cooperation in enforcement of Fair Labor Standards Act of 1938
Status: in_force

The Bureau of Labor and Industries may assist and cooperate with the United States Department of Labor in the enforcement within this state of the Fair Labor Standards Act of 1938. Subject to the regulations of the United States Department of Labor and the laws of this state applicable to the receipt and expenditure of moneys, the bureau may be reimbursed by the United States Department of Labor for the reasonable cost of such assistance and cooperation. Records of the bureau acquired under this section shall be kept in confidence to the same extent the records of the United States Department of Labor are confidential, except that the records shall at all times be available to the proper agencies of the United States Government. [Amended by 2005 c.22 §456]

Source: Section 651.110 — Assistance and cooperation in enforcement of Fair Labor Standards Act of 1938 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors651.­html (accessed May 26, 2025).
ORS § 657b.060 — OR Code / Title 51 / Chapter 657b / Section 657b.060
657B.060 Job protection
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, after returning to work after a period of family leave, medical leave or safe leave, an eligible employee is entitled to be restored to the position of employment held by the employee when the leave commenced, if that position still exists, without regard to whether the employer filled the position with a replacement worker during the period of leave. If the position held by the employee at the time leave commenced no longer exists, the employee is entitled to be restored to any available equivalent position with equivalent employment benefits, pay and other terms and conditions of employment. If an equivalent position is not available at the job site of the employee’s former position, the employer shall offer the employee an equivalent position at a job site located within 50 miles of the job site of the employee’s former position, if such a position is available. If equivalent positions are available at multiple job sites, the employer shall first offer the employee the position at the job site that is nearest to the job site of the employee’s former position.

(b) For employers that employ fewer than 25 employees, if the position held by an eligible employee when the employee’s leave commenced no longer exists, an employer may, at the employer’s discretion based on business necessity, restore the eligible employee to a different position with similar job duties and with the same employment benefits and pay.

(2) Intentionally left blank —Ed.

(a) During a period in which an eligible employee takes leave described under subsection (1) of this section, the employer shall maintain any health care benefits the employee had prior to taking such leave for the duration of the leave, as if the employee had continued in employment continuously during the period of leave. The employee must continue to make any regular contributions to the cost of the health insurance premiums.

(b) Notwithstanding ORS 652.610 (Itemized statement of amounts and purposes of deductions) (3) and except as provided in paragraph (a) of this subsection, if the employer is required or elects to pay any part of the costs of providing disability, life or other insurance coverage for an eligible employee during the period of family leave that should have been paid by the employee, the employer may deduct from the employee’s pay such amounts upon the employee’s return to work until the amount the employer advanced toward the payments is paid. In no event may the total amount deducted for insurance under the provisions of this subsection exceed 10 percent of the employee’s gross pay each period.

(3) An eligible employee who has taken leave described under subsection (1) of this section does not lose any employment benefits, including seniority or pension rights, accrued before the date on which the leave commenced.

(4) It is an unlawful employment practice to discriminate against an eligible employee who has invoked any provision of this chapter.

(5) Nothing in this section entitles an eligible employee to accrue employment benefits during a period of leave or to a right, benefit or position of employment other than a right, benefit or position to which the employee would have been entitled had the employee not taken leave.

(6) Intentionally left blank —Ed.

(a) Nothing in this section requires an employer to retain a temporary worker who was hired to replace an eligible employee taking family leave, medical leave or safe leave after the eligible employee has returned to work.

(b) A civil action may not be brought against an employer for taking any of the following actions necessary to restore an eligible employee to the position of employment held by the employee as required under subsection (1) of this section:

(A) Terminating the employment of a worker who was hired solely to temporarily replace an eligible employee during a period of leave; or

(B) Removing an employee from a position to which the employee was transferred to temporarily replace an eligible employee while the eligible employee was on leave, and returning the employee to the position originally held by the employee prior to the transfer at the salary or rate of pay and benefits associated with the position.

(c) An employer shall, either at the time of hire or before reassignment, inform a temporary worker or an employee who is reassigned to a position to temporarily replace an eligible employee during a period of leave of the information provided under this subsection.

(7) The protections provided under this section apply only to an eligible employee who was employed by the employer for at least 90 days before taking leave described under subsection (1) of this section. [2019 c.700 §10; 2023 c.203 §12]

Source: Section 657B.060 — Job protection; benefits; discrimination prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 653.278 — OR Code / Title 51 / Chapter 653 / Section 653.278
653.278 Bureau of Labor and Industries and Department of Revenue information sharing
Status: in_force

Notwithstanding any provision of ORS 314.835 (Divulging particulars of returns and reports prohibited) or 314.840 (Disclosure of information) , the Department of Revenue and the Bureau of Labor and Industries may share information necessary for the effective administration of ORS 315.133 (Overtime compensation paid to agricultural workers) and 653.272 (Overtime requirements for agricultural workers) , for the purpose of carrying out the provisions of ORS 315.133 (Overtime compensation paid to agricultural workers) and 653.272 (Overtime requirements for agricultural workers) , provided that the department and the bureau do not disclose personally identifiable information. [2022 c.115 §12b]

Note: 653.278 (Bureau of Labor and Industries and Department of Revenue information sharing) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 653.278 — Bureau of Labor and Industries and Department of Revenue information sharing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 663.170 — OR Code / Title 51 / Chapter 663 / Section 663.170
663.170 Unfair labor practice provisions not retroactive
Status: in_force

(1) No provision of this chapter makes an unfair labor practice any act that was performed before January 1, 1972.

(2) ORS 663.125 (Other employer unfair labor practices) and 663.130 (Union unfair labor practices) (1) do not make an unfair labor practice the performance of any obligation under a collective-bargaining agreement entered into before January 1, 1972, unless the agreement was renewed or extended after January 1, 1972. [1971 c.729 §18]

Source: Section 663.170 — Unfair labor practice provisions not retroactive , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 663.280 — OR Code / Title 51 / Chapter 663 / Section 663.280
663.280 Immunity from punishment of persons testifying, producing evidence required by subpoena
Status: in_force

No person shall be excused from attending and testifying or from producing books, records, correspondence, documents or other evidence in obedience to a subpoena issued under ORS 663.270 (Access of board to evidence relating to subject matter of investigation or proceedings) , on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture. However, no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which the individual is compelled, after having claimed privilege against self-incrimination, to testify or produce evidence, except that the individual so testifying is not exempt from prosecution and punishment for perjury committed in so testifying. [1971 c.729 §40]

Source: Section 663.280 — Immunity from punishment of persons testifying, producing evidence required by subpoena , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 658.425 — OR Code / Title 51 / Chapter 658 / Section 658.425
658.425 Temporary permit pending issuance of license
Status: in_force

(1) The office of the Bureau of Labor and Industries in which an application is filed shall issue to the applicant a temporary permit valid for not more than 60 days, if the following conditions are satisfied:

(a) The application is complete on its face.

(b) The applicant has furnished satisfactory evidence of adequate insurance under rules issued by the Commissioner of the Bureau of Labor and Industries.

(c) The applicant has paid in advance the fee established under ORS 658.413 (Fee schedule for licenses, indorsements and renewals) .

(d) The applicant or any person financially interested in the applicant’s proposed operation as a labor contractor, whether as a partner, shareholder, associate, profitsharer or otherwise, has not been denied a license in a jurisdiction other than Oregon or under ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.511 (Wage claim against property services contractor or construction labor contractor) within the preceding three years, nor has had such a license revoked or suspended in Oregon or any other jurisdiction within the preceding three years, as appears of record with the commissioner.

(2) Any temporary permit expires immediately if the commissioner rejects the application of the person holding that permit.

(3) For the purposes of ORS 658.415 (Application for license) (1)(c) and (d) and subsection (1)(d) of this section, the refusal by the commissioner to renew a license shall be considered as the revocation of that license on the date of its expiration. [1959 c.395 §6; 1961 c.390 §4; 1975 c.502 §4; 1983 c.654 §5; 1989 c.930 §1; 1999 c.399 §5; 2013 c.584 §12]

Source: Section 658.425 — Temporary permit pending issuance of license; refusal to renew license considered revocation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 663.015 — OR Code / Title 51 / Chapter 663 / Section 663.015
663.015 Designated collective bargaining representatives to be exclusive
Status: in_force

Representatives designated or selected for the purposes of collective bargaining, by the majority of the employees in a unit appropriate for such purposes, are the exclusive representatives of all the employees in that unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment or other conditions of employment. However, an individual employee or a group of employees may at any time present grievances to their employer and have such grievances adjusted, without the intervention of the bargaining representative, if:

(1) The adjustment is not inconsistent with the terms of a collective-bargaining contract or agreement then in effect; and

(2) The bargaining representative has been given opportunity to be present at the adjustment. [Formerly 662.525]

Source: Section 663.015 — Designated collective bargaining representatives to be exclusive; grievances excepted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 659a.318 — OR Code / Title 51 / Chapter 659a / Section 659a.318
659A.318 Discrimination relating to academic degree in theology or religious occupations prohibited
Status: in_force

(1) If an employer requires an applicant or employee to have an academic degree from a post-secondary institution to qualify for a position, but does not require a degree with a specific title, it is an unlawful employment practice for the employer to refuse to hire or promote or in any manner discriminate or retaliate against the applicant or employee only because the applicant or employee meets the educational requirements for the position by having a degree leading to occupations in theology or religious occupations from a school that, when the degree was issued, was a school:

(a) That, on July 14, 2005, met the criteria and followed procedures to obtain a religious exemption adopted by rule by the Oregon Student Access Commission and that offered only degrees leading to occupations in theology or religious occupations; or

(b) Exempt from ORS 348.594 (Definitions for ORS 348.594 to 348.615) to 348.615 (Appeal procedure) under ORS 348.604 (Exemption from ORS 348.594 to 348.615) .

(2) If an employer other than a public body, as defined in ORS 192.311 (Definitions for ORS 192.311 to 192.478) , offers employees benefits of tuition reimbursement, educational debt reduction, educational incentive or educational contribution or gift match for educational services provided by a post-secondary institution and the employer does not restrict the program to specific institutions or degrees with specific titles, it is an unlawful employment practice for the employer to refuse to offer the benefit to or in any manner discriminate or retaliate against an employee because the employee attends or seeks to attend a school that is:

(a) A school that, on July 14, 2005, met the criteria and followed procedures to obtain a religious exemption adopted by rule by the Oregon Student Access Commission and that offered only degrees leading to occupations in theology or religious occupations; or

(b) Exempt from ORS 348.594 (Definitions for ORS 348.594 to 348.615) to 348.615 (Appeal procedure) under ORS 348.604 (Exemption from ORS 348.594 to 348.615) . [2001 c.621 §93; 2005 c.546 §11; 2011 c.353 §5; 2023 c.557 §14]

Source: Section 659A.318 — Discrimination relating to academic degree in theology or religious occupations prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 656.564 — OR Code / Title 51 / Chapter 656 / Section 656.564
656.564 Lien for amounts due from employer on real property, improvements and equipment on or with which labor is performed by workers of employer
Status: in_force

(1) A lien hereby is created in favor of the insurer upon all real property within this state and any structure or improvement thereon and upon any mine, lode, deposit, mining claim, or any road, tramway, trail, flume, ditch, pipeline, building, or other structure or equipment on or pertaining thereto, upon which labor is performed by the workers of any employer subject to this chapter in a sum equal to the amount at any time due from such employer to the insurer on account of labor performed thereon by the workers of such employer, together with interest and penalty.

(2) The insurer shall also have a lien on all lumber, sawlogs, spars, piles, ties or other timber, and upon all other manufactured articles of whatsoever kind or nature, and upon all machinery, tools and equipment of the employer used in connection with the employment on which contributions, premiums or assessments are due, in a sum equal to the amount at any time due from any employer subject to this chapter on account of labor performed by the workers of such employer, together with interest and penalty.

(3) In order to avail itself of the lien created by this section, the insurer shall, within 60 days after the employer is in default, as provided in ORS 656.560 (Default in payment of premiums, fees, assessments or deposit) , file with the county clerk of the county within which such property is then situated a statement in writing describing the property upon which a lien is claimed and stating the amount of the lien claimed by the insurer. If a lien is claimed on real property not then owned by the employer, the statement must be filed within 60 days from the completion of the work.

(4) The insurer shall, within six months from the filing of the statement, commence a suit to cause such lien to be foreclosed in the manner provided by law for the foreclosure of other liens on real or personal property.

(5) The lien created by this section shall be prior to all other liens and encumbrances, except labor liens and liens for taxes and other amounts due the State of Oregon. [Amended by 1979 c.815 §6; 1981 c.535 §40]

Source: Section 656.564 — Lien for amounts due from employer on real property, improvements and equipment on or with which labor is performed by workers of employer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 656.419 — OR Code / Title 51 / Chapter 656 / Section 656.419
656.419 Workers’ compensation insurance contracts
Status: in_force

(1) A workers’ compensation insurance policy issued by an insurer under this section shall provide that the insurer agrees to assume, without monetary limit, the liability of the employer, arising during the period the policy is in effect, for prompt payment of all compensation for compensable injuries that may become due under this chapter to subject workers and their beneficiaries.

(2) Intentionally left blank —Ed.

(a) The insurer issuing the workers’ compensation insurance policy shall file proof of coverage with the Director of the Department of Consumer and Business Services within 30 days after workers’ compensation coverage of the employer is effective. The filing shall be in the form and manner and shall include any information that the director may prescribe by rule.

(b) An insurer shall file the proof of coverage required under this section for each new or renewed policy issued by the insurer.

(3) Workers’ compensation coverage is effective when the application of the subject employer for coverage together with any required fees or premium are received and accepted by an authorized representative of an insurer or on the date specified in writing by the employer and the insurer.

(4) Coverage of an employer under a workers’ compensation insurance policy continues until:

(a) The expiration of the term of the policy;

(b) The coverage is canceled prior to the expiration date of the policy as provided by ORS 656.423 (Cancellation of coverage by employer) or 656.427 (Termination of workers’ compensation insurance contract or surety bond liability by insurer) ;

(c) Another insurer files proof of coverage on behalf of the employer; or

(d) The employer becomes self-insured under ORS 656.430 (Certification of self-insured employer) . [1975 c.556 §29; 1977 c.405 §7; 1981 c.854 §28; 1987 c.237 §1; 1995 c.93 §35; 1995 c.332 §46; 2003 c.170 §3; 2007 c.241 §1]

Source: Section 656.419 — Workers’ compensation insurance contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 658.075 — OR Code / Title 51 / Chapter 658 / Section 658.075
658.075 Agency to file security
Status: in_force

(1) Each employment agency shall maintain a corporate surety bond or irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 (Additional definitions for Bank Act) of $5,000, payable to the people of the State of Oregon, conditioned that the employment agency will comply with ORS 658.005 (Definitions for ORS 658.005 to 658.245) to 658.245 (Actions upon agency bonds or letters of credit) and will pay:

(a) All sums legally owing to any person when the employment agency or its agents have received such sums;

(b) All damages occasioned to any person by reason of any willful misrepresentation, fraud, deceit or other unlawful act or omission by the employment agency, or its agents or employees acting within the scope of their employment; and

(c) All sums legally owing to any employee of the employment agency.

(2) For the purposes of this section, each general partner shall furnish the required bond or letter of credit. When an employment agency is operated by a limited liability company or corporation, the bond or letter of credit shall be in the name of the limited liability company or corporation. [1953 c.694 §7; 1961 c.380 §8; 1973 c.678 §6; 1981 c.318 §9; 1983 c.607 §2; 1987 c.306 §3; 1991 c.331 §101; 1997 c.55 §5; 1997 c.631 §519]

Source: Section 658.075 — Agency to file security , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 660.142 — OR Code / Title 51 / Chapter 660 / Section 660.142
660.142 Pay rates for apprentices and journeyworkers
Status: in_force

(1) A training agent may not pay an apprentice at a rate less than that obtained by applying the schedule, set forth in the applicable standards, at the apprentice’s level of apprenticeship, to the journeyworker hourly rate of wage currently in effect for journeyworkers in the occupation for which the apprentice is being trained, as determined by the appropriate local joint committee.

(2) The journeyworker hourly wage rate shall be the average hourly wage currently being paid by the training agents participating in a program to their skilled workers, that is, to those employees with demonstrated knowledge, experience and proficiency in that trade or occupation who are currently performing the type of work for which the apprentice is to be trained. Upon receipt of a committee’s determination of its current journeyworker hourly rate of wage, the State Director of Apprenticeship and Training shall cause notice of the determination to be promptly mailed to all apprentices and training agents participating in the program. The determination shall be in effect from the date set forth in the determination or, lacking such date, from the first of the month following the mailing of the determination. However, neither the wage determination nor the effective date alters the terms or effect of an existing collective bargaining agreement.

(3) If a higher journeyworker hourly wage rate is prescribed by federal or state law for work on a particular project, the higher rate is controlling for purposes of determining apprentice wages applicable to that particular project.

(4) Nothing stated in ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents) shall be construed to supersede the minimum wage or overtime provisions of ORS chapters 652 and 653, or the rules adopted under ORS chapter 652 or 653. Anything to the contrary notwithstanding, the entry wage (that wage derived by applying the lowest percentage on the schedule to the current journeyworker hourly wage rate) may not be less than the federal or state minimum wage rate, whichever is higher.

(5) The State Apprenticeship and Training Council may make such exceptions to the apprentice wage schedule or journeyworker hourly wage rate, and to the minimum numeric ratio of journeyworkers to apprentices, as it deems necessary or advisable to further the operation of apprenticeship and training programs in Department of Corrections and Oregon Youth Authority institutions. [1981 c.764 §10; 1987 c.320 §243; 2007 c.620 §9; 2011 c.140 §8; 2015 c.172 §1]

Source: Section 660.142 — Pay rates for apprentices and journeyworkers; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 659a.177 — OR Code / Title 51 / Chapter 659a / Section 659a.177
659A.177 Special rules for teachers
Status: in_force

(1) Notwithstanding any other provision of ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions) , if a teacher requests leave for one of the purposes specified in ORS 659A.159 (Purposes for which family leave may be taken) (1)(b) or (c), the need for the leave is foreseeable, and the employee will be on leave for more than 20 percent of the total number of working days in the period during which the leave would extend, the employer of the teacher may require that the employee elect one of the two following options:

(a) The employee may elect to take leave for a period or periods of a particular duration, not to exceed the duration of the anticipated medical treatment; or

(b) The employee may elect to transfer temporarily to an available alternative position that better accommodates recurring periods of leave than the regular position of the employee. The teacher must be qualified for the alternative position, and the position must have pay and benefits that are equivalent to the pay and benefits of the employee’s regular position.

(2) Notwithstanding any other provision of ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions) , if a teacher commences a period of family leave for the purpose specified in ORS 659A.159 (Purposes for which family leave may be taken) (1)(c) more than five weeks before the end of an academic term, the employer of the teacher may require that the employee continue on family leave until the end of the term if:

(a) The leave is of at least three weeks’ duration; and

(b) The employee’s return to employment would occur during the three-week period before the end of the term.

(3) Notwithstanding any other provision of ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions) , if a teacher commences a period of family leave for one of the purposes specified in ORS 659A.159 (Purposes for which family leave may be taken) (1)(a) or (b) during the five weeks before the end of an academic term, the employer of the teacher may require that the employee continue on family leave until the end of the term if:

(a) The leave is of at least two weeks’ duration; and

(b) The employee’s return to employment would occur during the two-week period before the end of the term.

(4) Notwithstanding any other provision of ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions) , if a teacher commences a period of family leave for one of the purposes specified in ORS 659A.159 (Purposes for which family leave may be taken) (1)(a), (b) or (e) during the three-week period before the end of the term, and the duration of the leave is greater than five working days, the employer of the teacher may require that the employee continue on family leave until the end of the term.

(5) The provisions of this section apply only to an employee who is employed principally in an instructional capacity by a public kindergarten, elementary school, secondary school or education service district. [Formerly 659.488; 2013 c.384 §5]

Source: Section 659A.177 — Special rules for teachers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 659a.825 — OR Code / Title 51 / Chapter 659a / Section 659a.825
659A.825 Complaints filed by Attorney General or commissioner
Status: in_force

(1) Intentionally left blank —Ed.

(a) If the Attorney General or the Commissioner of the Bureau of Labor and Industries has reason to believe that any person has committed an unlawful practice, the Attorney General or the commissioner may file a complaint in the same manner as provided for a complaint filed by a person under ORS 659A.820 (Complaints) .

(b) If the Attorney General or the commissioner has reason to believe that a violation of ORS 659A.403 (Discrimination in place of public accommodation prohibited) , 659A.406 (Aiding or abetting certain discrimination prohibited) or 659A.409 (Notice that discrimination will be made in place of public accommodation prohibited) has occurred, the Attorney General or the commissioner may file a complaint under this section against any person acting on behalf of a place of public accommodation and against any person who has aided or abetted in that violation.

(c) If the Attorney General or the commissioner has reason to believe that an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law has occurred or is about to occur, the Attorney General or the commissioner may file a complaint in the same manner as a person filing a complaint under ORS 659A.820 (Complaints) .

(2) If the commissioner files a complaint under this section alleging an unlawful practice other than an unlawful employment practice, or if a person files a complaint under ORS 659A.820 (Complaints) alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law, the commissioner may also issue a temporary cease and desist order requiring any respondent named in the complaint to refrain from the unlawful practice alleged. A temporary cease and desist order under this section may contain any provision that could be included in a cease and desist order issued after a hearing under ORS 659A.850 (Hearing) . [2001 c.621 §3; 2008 c.36 §8]

Source: Section 659A.825 — Complaints filed by Attorney General or commissioner; temporary cease and desist orders in certain cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 656.382 — OR Code / Title 51 / Chapter 656 / Section 656.382
656.382 Penalties and attorney fees payable by insurer or employer in processing claim
Status: in_force

(1) If an insurer or self-insured employer refuses to pay compensation, costs or attorney fees due under an order of an Administrative Law Judge, the board or the court, or otherwise unreasonably resists the payment of compensation, costs or attorney fees, except as provided in ORS 656.385 (Attorney fees in cases regarding certain medical service or vocational rehabilitation matters) , the employer or insurer shall pay to the attorney of the claimant a reasonable attorney fee as provided in subsection (2) of this section. To the extent an employer has caused the insurer to be charged such fees, such employer may be charged with those fees.

(2) If a request for hearing, request for review, appeal or cross-appeal to the Court of Appeals or petition for review to the Supreme Court is initiated by an employer or insurer, and the Administrative Law Judge, board or court finds that all or part of the compensation awarded to a claimant should not be disallowed or reduced, or, through the assistance of an attorney, that an order rescinding a notice of closure should not be reversed or all or part of the compensation awarded by a reconsideration order issued under ORS 656.268 (Claim closure) should not be reduced or disallowed, the employer or insurer shall be required to pay to the attorney of the claimant a reasonable attorney fee in an amount set by the Administrative Law Judge, board or court for legal representation by an attorney for the claimant at and prior to the hearing, review on appeal or cross-appeal.

(3) If an employer or insurer raises attorney fees, penalties or costs as a separate issue in a request for hearing, request for review, appeal or cross-appeal to the Court of Appeals or petition for review to the Supreme Court initiated by the employer or insurer under this section, and the Administrative Law Judge, board or court finds that the attorney fees, penalties or costs awarded to the claimant should not be disallowed or reduced, the Administrative Law Judge, board or court shall award reasonable additional attorney fees to the attorney for the claimant for efforts in defending the fee, penalty or costs.

(4) If an employer or insurer initiates an appeal to the board or Court of Appeals and the matter is briefed, but the employer or insurer withdraws the appeal prior to a decision by the board or court, resulting in the claimant’s prevailing in the matter, the claimant’s attorney is entitled to a reasonable attorney fee for efforts in briefing the matter to the board or court.

(5) If upon reaching a decision on a request for hearing initiated by an employer it is found by the Administrative Law Judge that the employer initiated the hearing for the purpose of delay or other vexatious reason or without reasonable ground, the Administrative Law Judge may order the employer to pay to the claimant such penalty not exceeding $750 and not less than $100 as may be reasonable in the circumstances. [1965 c.285 §42; 1981 c.854 §24; 1983 c.568 §1; 1987 c.884 §34; 1990 c.2 §28; 1995 c.332 §42b; 2009 c.526 §3; 2015 c.521 §5]

Source: Section 656.382 — Penalties and attorney fees payable by insurer or employer in processing claim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 657.657 — OR Code / Title 51 / Chapter 657 / Section 657.657
657.657 Acquisition of land and offices
Status: in_force

(1) Subject to the approval of the Director of the Oregon Department of Administrative Services, the Director of the Employment Department may acquire by purchase office buildings, make alterations, modifications or additions thereto, and purchase land and construct thereon office buildings suitable for use as local offices of the Director of the Employment Department. The Director of the Employment Department, with the approval of the Oregon Department of Administrative Services, may acquire by purchase office space for the central offices of the Employment Department and may expend such funds as may be necessary for the administration of such offices.

(2) Any agreement made for the purchase of property pursuant to this section shall be further subject to the approval of the Governor and shall not subject the state to liability for payment of the purchase price or any part or portion thereof except from moneys allocated to the state by the United States Department of Labor for the administration of this chapter.

(3) If the premises are purchased pursuant to this section, the Director of the Employment Department shall be housed therein, or if it is desirable to move a local employment service office so housed, other substantially similar space will be furnished by the state to the director without further payment therefor by the United States. [1957 c.609 §5; 1959 c.597 §1; 1961 c.490 §5; 1969 c.597 §185]

Source: Section 657.657 — Acquisition of land and offices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 658.740 — OR Code / Title 51 / Chapter 658 / Section 658.740
658.740 Revocation, suspension, refusal to issue or renew indorsement
Status: in_force

The Commissioner of the Bureau of Labor and Industries may revoke, suspend, refuse to renew or refuse to issue an indorsement to act as a farmworker camp operator upon the commissioner’s own motion or upon complaint by an individual if the:

(1) Indorsee has violated or failed to comply with any provision of ORS 658.705 (Definitions for ORS 658.705 to 658.850) to 658.850 (Civil penalties) or any of the rules adopted thereunder;

(2) Conditions under which the indorsement was issued have changed or no longer exist;

(3) Indorsee’s character, reliability or competence makes the indorsee unfit to act as a farmworker camp operator; or

(4) Applicant or operator makes any material misrepresentation, false statement or willful concealment in the application for a license. [1989 c.962 §9]

Source: Section 658.740 — Revocation, suspension, refusal to issue or renew indorsement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 657.695 — OR Code / Title 51 / Chapter 657 / Section 657.695
657.695 Employment Department Advisory Council
Status: in_force

(1) To assist the Director of the Employment Department in the effective development of policies and programs with respect to unemployment insurance and employment service and in securing to this state the benefits of the Wagner-Peyser Act, and particularly with respect to carrying out ORS 657.615 (Investigations and recommendations to legislature) , there hereby is created an advisory council within the Employment Department to be known as the Employment Department Advisory Council.

(2) The members of the council shall be appointed by the Governor and shall be composed of men and women representing employers and employees in equal numbers, and representatives of the public who shall elect their chairperson. The director shall serve as an ex officio member of the council.

(3) The members of the council shall be appointed for a term of two years and are entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) . Members of the council or other committees appointed pursuant to this section and ORS 657.700 (Special councils for program development) shall be reimbursed from the Unemployment Compensation Administration Fund. [Formerly 657.675; 1969 c.314 §70; 1969 c.597 §188; 1997 c.57 §1]

Source: Section 657.695 — Employment Department Advisory Council; members; compensation and expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 656.628 — OR Code / Title 51 / Chapter 656 / Section 656.628
656.628 Workers with Disabilities Program
Status: in_force

(1) There is established a Workers with Disabilities Program for the benefit of complying employers and their workers. The purpose of the program is to encourage the employment or reemployment of workers with disabilities.

(2) As used in this section, “worker with a disability” means a worker who has or is subject to any permanent physical or mental impairment, whether congenital or due to an injury or disease, including periodic impairment of consciousness or muscular control of such character that the impairment would prevent the worker from obtaining or retaining employment.

(3) Any employer of a worker who claims or has received compensation under this chapter, or whose dependents have claimed or received such compensation, may file an application with the Director of the Department of Consumer and Business Services requesting the director to make the determinations referred to in subsection (4) of this section.

(4) When the director receives a request referred to in subsection (3) of this section, the director shall determine:

(a) Whether the injured worker was a worker with a disability and whether the injury, disease or death sustained by the worker would not have been sustained except for the disability; or

(b) Whether the injured worker was a worker with a disability and whether the injury, disease or death sustained by the worker would have been sustained without regard to the disability but that:

(A) Any resulting disability was substantially greater by reason of the disability; or

(B) The disability contributed substantially to the worker’s death; and

(C) Whether the injury, disease or death of the worker would not have occurred except for the act or omission of a worker with a disability employed by the same employer and that the act or omission of the worker with a disability would not have occurred except for the impairment of the worker with a disability.

(5) If the director determines that any of the conditions described in subsection (4) of this section exist, the director may reimburse the paying agency for compensation amounts in excess of $1,000 per claimant for all subsequent injuries throughout the claimant’s working career, paid as the result of the condition.

(6) The reimbursement paid from the Workers’ Benefit Fund may not be included in any data used for rate making or individual employer rating or dividend calculations by an insurer, a rating organization licensed pursuant to ORS chapter 737, the State Accident Insurance Fund Corporation or the Department of Consumer and Business Services.

(7) Notwithstanding any other provision of law:

(a) Any reimbursement to employers under the Workers with Disabilities Program shall be in such amounts as the director prescribes and only to the extent of moneys available in the Workers’ Benefit Fund as determined by the director.

(b) Determinations made by the director regarding reimbursement from the Workers’ Benefit Fund for the purposes of this section are not subject to review by any court or administrative body.

(c) After a determination has been made by the director that an employer will receive reimbursement from the Workers’ Benefit Fund, any settlement of the claim by the parties is void unless made with the written approval of the director.

(8) The director by rule shall prescribe the form and manner of requesting determinations under this section, the amount of reimbursement payable and such other matters as may be necessary for the administration of this section. [1981 c.535 §14; 1995 c.332 §49b; 1995 c.641 §23; 2007 c.70 §286; 2007 c.241 §17]

Source: Section 656.628 — Workers with Disabilities Program; use of funds; conditions and limitations; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 656.388 — OR Code / Title 51 / Chapter 656 / Section 656.388
656.388 Approval of attorney fees required
Status: in_force

(1) No claim or payment for legal services by an attorney representing the worker or for any other services rendered before an Administrative Law Judge or the Workers’ Compensation Board, as the case may be, in respect to any claim or award for compensation to or on account of any person, shall be valid unless approved by the Administrative Law Judge or board, or if proceedings on appeal from the order of the board with respect to such claim or award are had before any court, unless approved by such court. In cases in which a claimant finally prevails after remand from the Supreme Court, Court of Appeals or board, then the Administrative Law Judge, board or appellate court shall approve or allow a reasonable attorney fee for services before every prior forum as authorized under ORS 656.307 (Determination of issues regarding responsibility for compensation payment) (5), 656.308 (Responsibility for payment of claims) (2), 656.382 (Penalties and attorney fees payable by insurer or employer in processing claim) or 656.386 (Recovery of attorney fees, expenses and costs in appeal on denied claim) . No attorney fees shall be approved or allowed for representation of the claimant before the managed care organization.

(2) Any claim for payment to a claimant’s attorney by the claimant so approved shall, in the manner and to the extent fixed by the Administrative Law Judge, board or such court, be a lien upon compensation.

(3) If an injured worker signs an attorney fee agreement with an attorney for representation on a claim made pursuant to this chapter and additional compensation is awarded to the worker or a settlement agreement is consummated on the claim after the fee agreement is signed and it is shown that the attorney with whom the fee agreement was signed was instrumental in obtaining the additional compensation or settling the claim, the Administrative Law Judge or the board shall grant the attorney a lien for attorney fees out of the additional compensation awarded or proceeds of the settlement in accordance with rules adopted by the board governing the payment of attorney fees.

(4) The board shall, after consultation with the Board of Governors of the Oregon State Bar, establish a schedule of fees for attorneys representing a worker and representing an insurer or self-insured employer, under this chapter. The Workers’ Compensation Board shall review all attorney fee schedules biennially for adjustment.

(5) The board shall, in establishing the schedule of attorney fees awarded under this chapter, consider the contingent nature of the practice of workers’ compensation law and the necessity of allowing the broadest access to attorneys by injured workers and shall give consideration to fees earned by attorneys for insurers and self-insured employers.

(6) The board shall approve no claim for legal services by an attorney representing a claimant to be paid by the claimant if fees have been awarded to the claimant or the attorney of the claimant in connection with the same proceeding under ORS 656.268 (Claim closure) .

(7) Insurers and self-insured employers shall make an annual report to the Director of the Department of Consumer and Business Services reporting attorney salaries and other costs of legal services incurred pursuant to this chapter. The report shall be in such form and shall contain such information as the director prescribes. [Formerly 656.590; 1983 c.568 §3; 1987 c.884 §35; 1990 c.2 §30; 1995 c.332 §44; 2007 c.908 §3; 2015 c.521 §8]

Source: Section 656.388 — Approval of attorney fees required; lien for fees; fee schedule; adjustment; report of legal service costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 653.065 — OR Code / Title 51 / Chapter 653 / Section 653.065
653.065 Application of Administrative Procedures Act
Status: in_force

(1) All proceedings under ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions) shall be conducted in compliance with ORS chapter 183.

(2) All rules of the Commissioner of the Bureau of Labor and Industries under ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions) shall be issued in compliance with ORS chapter 183. [1967 c.596 §13; 1985 c.99 §8]

Source: Section 653.065 — Application of Administrative Procedures Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 657.315 — OR Code / Title 51 / Chapter 657 / Section 657.315
657.315 Deduction of benefits paid in error not due to recipient fault
Status: in_force

(1) Intentionally left blank —Ed.

(a) If the Director of the Employment Department decides that an individual has been paid benefits to which the individual is not entitled because of an error not due to the individual providing a false statement or misrepresentation of a material fact or not disclosing a material fact, or because an initial decision to pay benefits is subsequently reversed by a decision finding the individual is not eligible for the benefits, the individual is liable to have the amount deducted from any future benefits otherwise payable to the individual under this chapter or the equivalent law of another state for any week or weeks within five years following the week in which the decision establishing the erroneous payment became final.

(b) For purposes of paragraph (a) of this subsection, the director may deduct all or any part of the individual’s future weekly benefits.

(c) Any notice provided to an individual of the individual’s liability for recovery of benefits under this section must include a description of:

(A) The basis for the director’s decision that benefits have been overpaid; and

(B) The consequences of the overpayment, including recovery of the overpaid amount and the possibility of waiver under ORS 657.317 (Waiver of recovery of overpaid benefits) .

(2) Subject to ORS 657.269 (Decision final unless hearing requested) and 657.270 (Hearing upon decision) , a decision of the director under this section does not authorize the recovery of the amount of any benefits paid to an individual until the decision is final.

(3) The director may bring a civil action against an individual to recover amounts paid to the individual in excess of the maximum benefits allowable pursuant to this chapter. [Amended by 1971 c.77 §2; 1975 c.284 §3; 1977 c.400 §6; 1993 c.778 §18; 2005 c.182 §4; 2013 c.703 §2; 2015 c.530 §1; 2021 c.388 §2]

Source: Section 657.315 — Deduction of benefits paid in error not due to recipient fault; director discretion; civil action by director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 660.006 — OR Code / Title 51 / Chapter 660 / Section 660.006
660.006 Application
Status: in_force

(1) ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents) shall apply to persons, political subdivisions, employer associations, and organizations of employees that agree to conform to its provisions.

(2) Nothing in ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents) is intended to supersede the civil service or merit systems applicable to state agencies and political subdivisions. Employees of state agencies and political subdivisions may be recognized and registered as apprentices, and may serve on apprenticeship committees when approved by the State Apprenticeship and Training Council in conformity with ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents) . If an individual apprentice who is employed by a state agency or political subdivision wishes to participate in an apprenticeship and training program, the council may approve program standards that set forth a progressive wage within the salary structure range for journeyworker, employed by the state agency or political subdivision. [1957 c.270 §10(1); 1963 c.151 §3; 1967 c.6 §3; 1977 c.490 §1; 1981 c.764 §1; 2011 c.140 §1]

Source: Section 660.006 — Application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 657b.425 — OR Code / Title 51 / Chapter 657b / Section 657b.425
657B.425 Dismissal of request or application for hearing
Status: in_force

(1) When a request for a hearing is made under this chapter, the Director of the Employment Department may dismiss the request or application for hearing if:

(a) The request for hearing is withdrawn by the requesting party;

(b) The matter is resolved by reversal or amendment of the decision that is the subject of the hearing request;

(c) The request for hearing is filed prior to the date of the written decision or written determination that is the subject of the hearing request; or

(d) The request for hearing is made by a person who is not entitled to a hearing or is not the authorized representative of a party who is entitled to a hearing.

(2) Intentionally left blank —Ed.

(a) A dismissal by the director under subsection (1) of this section is final unless the party whose request for hearing has been dismissed files a request for hearing regarding the dismissal within 20 days after the dismissal notice is sent electronically or mailed to the party’s last-known address.

(b) If the party files a timely request under paragraph (a) of this subsection, the hearing regarding the dismissal shall be assigned to an administrative law judge from the Office of Administrative Hearings.

(c) The administrative law judge assigned under paragraph (b) of this subsection shall determine whether the dismissal was appropriately entered. If the dismissal was not appropriately entered, the administrative law judge shall decide the underlying issue upon which the hearing was requested. [2023 c.292 §2]

Note: Section 16 (1), chapter 292, Oregon Laws 2023, provides:

Sec. 16. (1) Section 2 of this 2023 Act [ 657B.425 (Dismissal of request or application for hearing) ] applies to requests for hearings made on or after January 1, 2023. [2023 c.292 §16(1); 2023 c.292 §16a(1)]

Note: Sections 50 and 51, chapter 700, Oregon Laws 2019, provide:

Sec. 50. Review of department expenses. Beginning January 1, 2024, and not more than once each year for three consecutive calendar years thereafter, the Director of the Employment Department shall conduct a review of the expenses incurred by the Employment Department in reviewing plans for approval under ORS 657B.210 (Equivalent plans, generally) , including an analysis of adequacy of the application fee determined by the department and administrative expenses related to request for review of determinations regarding approval or denial of applications as provided under ORS 657B.410 (Appeals process, generally) . [2019 c.700 §50; 2021 c.639 §2]

Sec. 51. Director of Employment Department to report to legislature on progress of program implementation. (1)(a) The Director of the Employment Department shall submit to the interim committees of the Legislative Assembly related to workforce or business and labor, in the manner provided in ORS 192.245 (Form of report to legislature) , reports summarizing the Employment Department’s progress toward implementing the family and medical leave insurance program described in ORS chapter 657B.

(b) The director shall submit the first report not later than February 15, 2020, and a second report not later than September 1, 2022.

(2) Beginning on July 1, 2024, and once during each of the following three consecutive biennia, the director shall, to the extent that the director has acquired the information, submit to the interim committees of the Legislative Assembly related to workforce or business and labor, in the manner provided in ORS 192.245 (Form of report to legislature) , a report that includes:

(a) The total number of claims submitted under ORS 657B.090 (Claim for benefits) .

(b) The number of claims allowed under ORS 657B.100 (Allowing or denying claim) and the number of claims denied under ORS 657B.100 (Allowing or denying claim) .

(c) The total amount of benefits paid out of the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430 (Paid Family and Medical Leave Insurance Fund) .

(d) Data regarding the use of moneys in the fund, the solvency of the fund and the balance of the fund.

(e) The amount of contributions collected under ORS 657B.150 (Contributions) .

(f) The number of applications for plan approval submitted under ORS 657B.210 (Equivalent plans, generally) , including the number of plans approved and the costs the department incurred in reviewing such applications.

(g) The number of applications received by the department for employer assistance and the total amounts awarded in grants under ORS 657B.200 (Employer assistance grants) .

(h) The director shall include in the reports described in this subsection any recommendations made by the advisory committee under ORS 657B.380 (Advisory committee) . [2019 c.700 §51; 2021 c.639 §3]

Source: Section 657B.425 — Dismissal of request or application for hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 653.465 — OR Code / Title 51 / Chapter 653 / Section 653.465
653.465 Record retention requirements
Status: in_force

An employer shall retain records that document the employer’s compliance with ORS 653.412 (Definitions) to 653.485 (Legislative intent) for three years. [2017 c.691 §9]

Note: See note under 653.412 (Definitions) .

Source: Section 653.465 — Record retention requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 652.540 — OR Code / Title 51 / Chapter 652 / Section 652.540
652.540 Exception to claim
Status: in_force

(1) Any person interested may contest all or any part of a claim mentioned in ORS 652.530 (Serving copy of statement) , by filing in said court exceptions thereto, supported by affidavit, within 10 days from the filing of the report provided in ORS 652.530 (Serving copy of statement) . Thereupon the claimant shall be required to establish the claim, by judgment in such court, before any part thereof shall be paid.

(2) When any claim is excepted to as provided in this section, the person desiring to establish the same shall file in said court, within 30 days after the claim is excepted to, a verified complaint as in an action at law and serve it upon the person excepting, or the person’s attorney of record, and upon the principal debtor for the claim, or the principal debtor’s attorney of record.

(3) Thereafter the cause shall proceed to final judgment between the parties as an action at law.

Source: Section 652.540 — Exception to claim; legal action on claim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 654.330 — OR Code / Title 51 / Chapter 654 / Section 654.330
654.330 Fellow servant negligence as defense
Status: in_force

In all actions brought to recover from an employer for injuries suffered by an employee, the negligence of a fellow servant shall not be a defense where the injury was caused or contributed to by any of the following causes:

(1) Any defect in the structure, materials, works, plant or machinery of which the employer or the agent of the employer could have had knowledge by the exercise of ordinary care.

(2) The neglect of any person engaged as superintendent, manager, foreman or other person in charge or control of the works, plant, machinery or appliances.

(3) The incompetence or negligence of any person in charge of, or directing the particular work in which the employee was engaged at the time of the injury or death.

(4) The incompetence or negligence of any person to whose orders the employee was bound to conform and did conform and by reason of having conformed thereto the injury or death resulted.

(5) The act of any fellow servant done in obedience to the rules, instructions or orders given by the employer or any other person who has authority to direct the doing of said act.

Source: Section 654.330 — Fellow servant negligence as defense , https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html (accessed May 26, 2025).
ORS § 652.990 — OR Code / Title 51 / Chapter 652 / Section 652.990
652.990 Criminal penalties
Status: in_force

(1) Violation of ORS 652.020 (Maximum working hours in certain industries) (5)(b) or (d) is a Class A violation. Every day’s violation is deemed a separate offense.

(2) Any person, body corporate, general manager or employer who violates ORS 652.040 (Maximum working hours in mines) or causes ORS 652.040 (Maximum working hours in mines) to be violated commits a Class C misdemeanor.

(3) Violation of ORS 652.110 (Method of paying employees) or 652.120 (Establishing regular payday) is a Class A violation.

(4) Violation of ORS 652.130 (Payment of wages due persons employed on piece work scale or quantity basis in forest product industries) by any employer is a Class C misdemeanor.

(5) In addition to the civil damages recoverable under ORS 652.230 (Employee right of action against employer for unpaid wages and damages) , violation of ORS 652.210 (Definitions for ORS 652.210 to 652.235) to 652.235 (Motion to disallow award of compensatory and punitive damages) is a Class A misdemeanor.

(6) The violation of ORS 652.240 (Paying wage lower than that required by statute or contract prohibited) is a Class A misdemeanor.

(7) Violation of ORS 652.355 (Prohibition of discrimination because of wage claim or refusal to work additional hours) is a Class C misdemeanor.

(8) Violation of ORS 652.610 (Itemized statement of amounts and purposes of deductions) or 652.620 (Statement of yearly compensation on request of employee) is a Class D violation.

(9) Willful violation of ORS 652.635 (Producers to post certain terms of employment) or 652.640 (Itemized statement of compensation and deductions required) by a producer or agent of the producer is a Class A misdemeanor.

(10) Violation of any of the provisions of ORS 652.710 (Fees collected by employer for medical care contracts are trust funds) or 652.720 (Prohibited use by employer of fees for medical care contracts withheld from employee wages) by any employer is a Class A violation. [Subsection (5) enacted as 1955 c.193 §4; subsection (6) enacted as 1957 c.243 §2; subsection (9) formerly 655.990; subsection (8) enacted as 1969 c.572 §4; 1975 c.397 §5; 1999 c.1051 §215; 2011 c.597 §265; 2017 c.685 §14; 2022 c.22 §2]

Source: Section 652.990 — Criminal penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 652.530 — OR Code / Title 51 / Chapter 652 / Section 652.530
652.530 Serving copy of statement
Status: in_force

(1) The person claiming the benefit of ORS 652.510 (Payment of wage claims by receivers, assignees or court) to 652.570 (Priority of wage claims over transfers in payment of preexisting obligations) shall serve upon the debtor, or upon the officer, assignee or receiver for the debtor where personal service cannot be had, a copy of the verified claim. Thereafter the person receiving such statement shall report the amount of such claim to the court having jurisdiction of such officer, receiver or assignee, together with a statement of all costs occasioned by the seizure of said property or of such receivership or assignment.

(2) The court shall order such claims to be paid after payment of the costs and expenses of such seizure and sale, and the costs and disbursements which have accrued before the filing of the notice under ORS 652.510 (Payment of wage claims by receivers, assignees or court) and of assignment or receivership, out of the proceeds of the sale of the property so seized, assigned, or placed in the hands of an assignee or receiver.

Source: Section 652.530 — Serving copy of statement; report to court; order of payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 657.269 — OR Code / Title 51 / Chapter 657 / Section 657.269
657.269 Decision final unless hearing requested
Status: in_force

(1) Intentionally left blank —Ed.

(a) Unless the claimant or one of the employing units or agents of the employing units entitled to notice under ORS 657.267 (Allowing or denying claim) or 657.268 (Filing information on issues not previously decided) files a request for hearing upon the decision with the Director of the Employment Department in a timely manner as determined under subsection (2) of this section, the decision is final and benefits must be paid or denied accordingly.

(b) If the decision is to allow benefits, the director shall pay the benefits regardless of any pending hearing on the claim.

(2) A request for hearing upon the decision under subsection (1) of this section must be filed within 20 days after delivery of the notice required under ORS 657.267 (Allowing or denying claim) or 657.268 (Filing information on issues not previously decided) or, if mailed, within 20 days after the notice was mailed to the party’s last-known address. [1993 c.778 §9; 2011 c.22 §3]

Source: Section 657.269 — Decision final unless hearing requested , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657.380 — OR Code / Title 51 / Chapter 657 / Section 657.380
657.380 Eligibility of employees
Status: in_force

(1) Notwithstanding any other provision of this chapter, for the purposes of ORS 657.370 (Definitions for ORS 657.370 to 657.390) to 657.390 (Employer charged for benefits in same manner as for regular or extended benefits) , an individual is unemployed and eligible to receive shared work benefits with respect to any week if, in addition to meeting all other eligibility requirements of this chapter, the Director of the Employment Department finds that:

(a) During the week the individual is employed as a member of an affected group in an approved plan that was approved prior to the week and is in effect for the week.

(b) During the week the individual’s normal weekly hours of work were reduced, in accordance with an approved plan, at least 10 percent but not more than 50 percent, with a corresponding reduction in wages.

(2) Shared work benefits may not be paid to an eligible individual in an amount greater than 26 times the individual’s weekly benefit amount of regular benefits.

(3) The total amount of regular benefits and shared work benefits paid to an individual in a benefit year may not exceed the total for the benefit year as provided in ORS 657.150 (Amount of benefits) (5).

(4) An otherwise eligible individual may not be denied benefits under this section:

(a) Because of the application of any provision of this chapter relating to availability for work, active search for work or refusal to apply for or accept work from other than the individual’s shared work employer.

(b) For participating in training to enhance the job skills of the individual, if the training is sponsored by the employer or funded under the federal Workforce Innovation and Opportunity Act, and approved by the director. [1982 s.s.1 c.2 §10; 2009 c.377 §1; 2013 c.704 §4; 2017 c.185 §16; 2017 c.297 §37; 2023 c.58 §2]

Source: Section 657.380 — Eligibility of employees; benefit limitation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657.085 — OR Code / Title 51 / Chapter 657 / Section 657.085
657.085 Employment
Status: in_force

“Employment” does not include service performed by any person as a newspaper advertising salesperson, real estate broker, principal real estate broker, insurance producer or securities salesperson or agent to the extent that the person is compensated by commission. [Amended by 1965 c.131 §1; 1979 c.521 §2; 2001 c.300 §55; 2003 c.364 §53]

Source: Section 657.085 — Employment; service by certain agents, brokers, producers and salespersons excluded , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657.557 — OR Code / Title 51 / Chapter 657 / Section 657.557
657.557 Remedies for collection of contributions not exclusive
Status: in_force

(1) Remedies given to the Director of the Employment Department under this chapter for the collection of contributions, interest and penalties shall be cumulative and no action taken by the director or the duly authorized representative of the director, the Attorney General, or any other officer, shall be construed to be an election on the part of the state or any of its officers to pursue any remedy to the exclusion of any other.

(2) In any civil action brought under this section, the prevailing party is entitled to recover from the opposing party or parties reasonable costs and attorney fees to be fixed by the court upon entry of a final order or judgment in favor of the prevailing party in a court hearing, trial or on appeal. [1959 c.598 §5; 1991 c.607 §1; 2003 c.576 §533]

Source: Section 657.557 — Remedies for collection of contributions not exclusive; prevailing party in civil action to recover costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657.357 — OR Code / Title 51 / Chapter 657 / Section 657.357
657.357 Apprenticeship program participants eligible for benefits
Status: in_force

Notwithstanding ORS 657.335 (Definitions for ORS 657.335 to 657.360) to 657.360 (When employer charged for benefits) or the provisions of this chapter relating to availability for work, actively seeking work or refusal to accept suitable work, an unemployed individual participating in an apprenticeship program who is otherwise eligible for unemployment insurance benefits:

(1) Is not ineligible for the benefits or waiting week credit solely by reason of attending a program of related instruction established in accordance with ORS 660.157 (Standard courses of study for apprentices and trainees) if the individual’s attendance:

(a) Does not exceed 10 weeks during the benefit year of the individual; and

(b) Is required as a condition of the individual’s continued employment; and

(2) Shall be considered to be in a program of instruction with the approval of the Director of the Employment Department if the individual:

(a) Provides the director with a copy of the individual’s effective apprenticeship agreement approved in accordance with the requirements of ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents) ; and

(b) Establishes to the satisfaction of the director that the training is scheduled by a work-related entity and not by the individual claiming the benefits. [1989 c.818 §3; 1999 c.124 §1; 2016 c.18 §1]

Source: Section 657.357 — Apprenticeship program participants eligible for benefits; conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 663.005 — OR Code / Title 51 / Chapter 663 / Section 663.005
663.005 Definitions
Status: in_force

As used in this chapter, unless the context requires otherwise:

(1) “Board” means the Employment Relations Board.

(2) “Conciliator” means the head of the State Conciliation Service.

(3) “Employee” includes any employee, and is not limited to the employees of a particular employer unless this chapter explicitly states otherwise, and includes any individual whose work has ceased as a consequence of, or in connection with, a current labor dispute and who has not obtained any other regular and substantially equivalent employment, but does not include an individual:

(a) Employed in agricultural labor as defined in ORS 657.045 (Employment) ;

(b) Employed by the parent or spouse of the individual;

(c) Employed in the domestic service of any family or person at home;

(d) Having the status of an independent contractor;

(e) Employed as a supervisor;

(f) Employed by an employer subject to the Railway Labor Act, as amended (45 U.S.C. 151 to 163 and 181 to 188);

(g) Employed in the building and construction industry;

(h) Employed by any other person who is not an employer as defined in subsection (4) of this section; or

(i) Employed by an employer subject to the jurisdiction of the National Labor Relations Board under its existing jurisdictional standards, pursuant to the Labor Management Relations Act of 1947, as amended (29 U.S.C. 141 to 187).

(4) “Employer” includes any person acting as an agent of an employer, directly or indirectly, but does not include:

(a) The United States or any wholly owned government corporation, or any Federal Reserve Bank.

(b) This state, or any county, city or political subdivision or agency thereof.

(c) Any person subject to the Railway Labor Act, as amended (45 U.S.C. 151 to 163 and 181 to 188).

(d) Any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of a labor organization.

(e) Any person involved in the building and construction industry.

(f) Any person subject to the jurisdiction of the National Labor Relations Board under its existing jurisdictional standards, pursuant to the Labor Management Relations Act of 1947, as amended (29 U.S.C. 141 to 187).

(5) “Labor dispute” includes any controversy concerning terms, tenure or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

(6) “Labor organization” means an organization of any kind, or an agency or an employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.

(7) “Professional employee” means:

(a) An employee engaged in work:

(A) Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work;

(B) Involving the consistent exercise of discretion and judgment in its performance;

(C) Of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time;

(D) Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical processes; or

(b) An employee who:

(A) Has completed the courses of specialized intellectual instruction and study described in paragraph (a)(D) of this subsection; and

(B) Is performing related work under the supervision of a professional person to qualify the employee to become a professional employee as defined in paragraph (a) of this subsection.

(8) “Representative” includes an individual or labor organization.

(9) “Supervisor” means any individual, other than a licensed professional or practical nurse, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

(10) “Unfair labor practice” means any unfair labor practice listed in ORS 663.120 (Employer unfair labor practices) to 663.165 (Procedure for terminating or modifying existing collective bargaining contract) . [Formerly 662.505; 1975 c.147 §12; 1975 c.163 §2; 2003 c.14 §408]

Source: Section 663.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 657.405 — OR Code / Title 51 / Chapter 657 / Section 657.405
657.405 “Computation date” defined for ORS 657.430 to 657.463 and 657.471 to 657.485
Status: in_force

As used in ORS 657.430 (Tax rates based on experience) to 657.463 (Tax rate schedules) and 657.471 (Manner of charging benefits to employer) to 657.485 (Notice of rate) , “computation date” means the June 30 preceding the calendar year for which tax rates are to be effective. [Amended by 1955 c.655 §17; 1957 c.699 §5; 1961 c.252 §2; 1973 c.300 §9; 1975 c.257 §9]

Source: Section 657.405 — “Computation date” defined for ORS 657.430 to 657.463 and 657.471 to 657.485 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 663.230 — OR Code / Title 51 / Chapter 663 / Section 663.230
663.230 Court jurisdiction in granting injunctive relief or reviewing order not limited by ORS 662.010 to 662.130
Status: in_force

When granting appropriate temporary relief or a restraining order, or making and entering a judgment enforcing, modifying and enforcing as so modified, or setting aside in whole or in part an order of the Employment Relations Board, as provided in ORS 663.175 (Authority of board to prevent unfair labor practices) to 663.260 (Service of process on union) , the jurisdiction of the court is not limited by ORS 662.010 (Labor disputes) to 662.130 (Contempt proceedings) . [1971 c.729 §30; 2003 c.576 §539]

Source: Section 663.230 — Court jurisdiction in granting injunctive relief or reviewing order not limited by ORS 662.010 to 662.130 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 657b.300 — OR Code / Title 51 / Chapter 657b / Section 657b.300
657B.300 Alternative remedies for collection of amounts liable to be repaid
Status: in_force

(1) In any case in which the Director of the Employment Department may bring a civil action for the collection of amounts liable to be repaid under ORS 657B.280 (Delinquent contributions and improper benefit payments as liens on real or personal property) , interest on those amounts or penalties, the director may instead issue a warrant for the amount liable to be repaid with the added interest, penalties, collection charges and the sheriff’s costs of executing the warrant. The Employment Department shall mail or deliver a copy of the warrant to the last known address of the employer, individual or person.

(2) At any time after issuing a warrant under this section, the department may record the warrant in the County Clerk Lien Record of any county of this state. Recording of the warrant has the effect described in ORS 205.125 (County Clerk Lien Record) .

(3) After recording a warrant under this section, the director may direct the sheriff of the county in which the warrant is recorded to levy upon and sell any real and personal property, and levy upon any currency, belonging to the employer, individual or person and found within that county. The proceeds or currency shall be applied against the amount reflected in the warrant and the sheriff’s costs of executing the warrant.

(4) The sheriff shall proceed on the warrant in the same manner prescribed by law for executions issued against property pursuant to a judgment and is entitled to the same fees as provided for executions issued against property pursuant to a judgment. The fees of the sheriff shall be added to and collected as a part of the warrant liability.

(5) Intentionally left blank —Ed.

(a) The director may direct the warrant to any agent and authorize the agent to collect the amount reflected in the warrant.

(b) In the execution of the warrant the agent has all of the powers conferred by law upon sheriffs but is entitled to no fee or compensation in excess of actual expenses incurred in the execution.

(6) Amounts collected pursuant to this section shall be deposited in the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430 (Paid Family and Medical Leave Insurance Fund) . [2019 c.700 §19]

Source: Section 657B.300 — Alternative remedies for collection of amounts liable to be repaid; warrants; execution by sheriff , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 659a.115 — OR Code / Title 51 / Chapter 659a / Section 659a.115
659A.115 Qualification for position
Status: in_force

For the purposes of ORS 659A.112 (Employment discrimination) , an individual is qualified for a position if the individual, with or without reasonable accommodation, can perform the essential functions of the position. For the purpose of determining the essential functions of the position, due consideration shall be given to the employer’s determination as to the essential functions of a position. If an employer has prepared a written description before advertising or interviewing applicants for a job, the position description shall be considered evidence of the essential functions of the job. [Formerly 659.437; 2007 c.70 §292; 2009 c.508 §7]

Source: Section 659A.115 — Qualification for position , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 656.260 — OR Code / Title 51 / Chapter 656 / Section 656.260
656.260 Certification procedure for managed health care provider
Status: repealed

(1) Any health care provider or group of medical service providers may make written application to the Director of the Department of Consumer and Business Services to become certified to provide managed care to injured workers for injuries and diseases compensable under this chapter. However, nothing in this section authorizes an organization that is formed, owned or operated by an insurer or employer other than a health care provider to become certified to provide managed care.

(2) Each application for certification shall be accompanied by a reasonable fee prescribed by the director. A certificate is valid for such period as the director may prescribe unless sooner revoked or suspended.

(3) Application for certification shall be made in such form and manner and shall set forth such information regarding the proposed plan for providing services as the director may prescribe. The information shall include, but not be limited to:

(a) A list of the names of all individuals who will provide services under the managed care plan, together with appropriate evidence of compliance with any licensing or certification requirements for that individual to practice in this state.

(b) A description of the times, places and manner of providing services under the plan.

(c) A description of the times, places and manner of providing other related optional services the applicants wish to provide.

(d) Satisfactory evidence of ability to comply with any financial requirements to insure delivery of service in accordance with the plan which the director may prescribe.

(4) The director shall certify a health care provider or group of medical service providers to provide managed care under a plan if the director finds that the plan:

(a) Proposes to provide medical and health care services required by this chapter in a manner that:

(A) Meets quality, continuity and other treatment standards adopted by the health care provider or group of medical service providers in accordance with processes approved by the director; and

(B) Is timely, effective and convenient for the worker.

(b) Subject to any other provision of law, does not discriminate against or exclude from participation in the plan any category of medical service providers and includes an adequate number of each category of medical service providers to give workers adequate flexibility to choose medical service providers from among those individuals who provide services under the plan. However, nothing in the requirements of this paragraph shall affect the provisions of ORS 441.055 (Health care facility medical staff and bylaws) relating to the granting of medical staff privileges.

(c) Provides appropriate financial incentives to reduce service costs and utilization without sacrificing the quality of service.

(d) Provides adequate methods of peer review, service utilization review, quality assurance, contract review and dispute resolution to ensure appropriate treatment or to prevent inappropriate or excessive treatment, to exclude from participation in the plan those individuals who violate these treatment standards and to provide for the resolution of such medical disputes as the director considers appropriate. A majority of the members of each peer review, quality assurance, service utilization and contract review committee shall be physicians licensed to practice medicine by the Oregon Medical Board. As used in this paragraph:

(A) “Peer review” means evaluation or review of the performance of colleagues by a panel with similar types and degrees of expertise. Peer review requires participation of at least three physicians prior to final determination.

(B) “Service utilization review” means evaluation and determination of the reasonableness, necessity and appropriateness of a worker’s use of medical care resources and the provision of any needed assistance to clinician or member, or both, to ensure appropriate use of resources. “Service utilization review” includes prior authorization, concurrent review, retrospective review, discharge planning and case management activities.

(C) “Quality assurance” means activities to safeguard or improve the quality of medical care by assessing the quality of care or service and taking action to improve it.

(D) “Dispute resolution” includes the resolution of disputes arising under peer review, service utilization review and quality assurance activities between insurers, self-insured employers, workers and medical and health care service providers, as required under the certified plan.

(E) “Contract review” means the methods and processes whereby the managed care organization monitors and enforces its contracts with participating providers for matters other than matters enumerated in subparagraphs (A), (B) and (C) of this paragraph.

(e) Provides a program involving cooperative efforts by the workers, the employer and the managed care organizations to promote workplace health and safety consultative and other services and early return to work for injured workers.

(f) Provides a timely and accurate method of reporting to the director necessary information regarding medical and health care service cost and utilization to enable the director to determine the effectiveness of the plan.

(g) Intentionally left blank —Ed.

(A) Authorizes workers to receive compensable medical treatment from a primary care physician or chiropractic physician who is not a member of the managed care organization, but who maintains the worker’s medical records and is a physician with whom the worker has a documented history of treatment, if:

(i) The primary care physician or chiropractic physician agrees to refer the worker to the managed care organization for any specialized treatment, including physical therapy, to be furnished by another provider that the worker may require;

(ii) The primary care physician or chiropractic physician agrees to comply with all the rules, terms and conditions regarding services performed by the managed care organization; and

(iii) The treatment is determined to be medically appropriate according to the service utilization review process of the managed care organization.

(B) Nothing in this paragraph is intended to limit the worker’s right to change primary care physicians or chiropractic physicians prior to the filing of a workers’ compensation claim.

(C) A chiropractic physician authorized to provide compensable medical treatment under this paragraph may provide services and authorize temporary disability compensation as provided in ORS 656.005 (Definitions) (12)(b)(B) and 656.245 (Medical services to be provided) (2)(b). However, the managed care organization may authorize chiropractic physicians to provide medical services and authorize temporary disability payments beyond the periods established in ORS 656.005 (Definitions) (12)(b)(B) and 656.245 (Medical services to be provided) (2)(b).

(D) As used in this paragraph, “primary care physician” means a physician who is qualified to be an attending physician referred to in ORS 656.005 (Definitions) (12)(b)(A) and who is a family practitioner, a general practitioner or an internal medicine practitioner.

(h) Provides a written explanation for denial of participation in the managed care organization plan to any licensed health care provider that has been denied participation in the managed care organization plan.

(i) Does not prohibit the injured worker’s attending physician from advocating for medical services and temporary disability benefits for the injured worker that are supported by the medical record.

(j) Complies with any other requirement the director determines is necessary to provide quality medical services and health care to injured workers.

(5) Intentionally left blank —Ed.

(a) Notwithstanding ORS 656.245 (Medical services to be provided) (5) and subsection (4)(g) of this section, a managed care organization may deny or terminate the authorization of a primary care physician or chiropractic physician to serve as an attending physician under subsection (4)(g) of this section or of a nurse practitioner or physician assistant to provide medical services as provided in ORS 656.245 (Medical services to be provided) (5) if the physician, nurse practitioner or physician assistant, within two years prior to the worker’s enrollment in the plan:

(A) Has been terminated from serving as an attending physician, nurse practitioner or physician assistant for a worker enrolled in the plan for failure to meet the requirements of subsection (4)(g) of this section or of ORS 656.245 (Medical services to be provided) (5); or

(B) Has failed to satisfy the credentialing standards for participating in the managed care organization.

(b) The director shall adopt by rule reporting standards for managed care organizations to report denials and terminations of the authorization of primary care physicians, chiropractic physicians, nurse practitioners and physician assistants who are not members of the managed care organization to provide compensable medical treatment under ORS 656.245 (Medical services to be provided) (5) and subsection (4)(g) of this section. The director shall annually report to the Workers’ Compensation Management-Labor Advisory Committee the information reported to the director by managed care organizations under this paragraph.

(6) The director shall refuse to certify or may revoke or suspend the certification of any health care provider or group of medical service providers to provide managed care if the director finds that:

(a) The plan for providing medical or health care services fails to meet the requirements of this section.

(b) Service under the plan is not being provided in accordance with the terms of a certified plan.

(7) Any issue concerning the provision of medical services to injured workers subject to a managed care contract and service utilization review, quality assurance, dispute resolution, contract review and peer review activities as well as authorization of medical services to be provided by other than an attending physician pursuant to ORS 656.245 (Medical services to be provided) (2)(b) shall be subject to review by the director or the director’s designated representatives. The decision of the director is subject to review under ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim) . Data generated by or received in connection with these activities, including written reports, notes or records of any such activities, or of any review thereof, shall be confidential, and shall not be disclosed except as considered necessary by the director in the administration of this chapter. The director may report professional misconduct to an appropriate licensing board.

(8) No data generated by service utilization review, quality assurance, dispute resolution or peer review activities and no physician profiles or data used to create physician profiles pursuant to this section or a review thereof shall be used in any action, suit or proceeding except to the extent considered necessary by the director in the administration of this chapter. The confidentiality provisions of this section shall not apply in any action, suit or proceeding arising out of or related to a contract between a managed care organization and a health care provider whose confidentiality is protected by this section.

(9) A person participating in service utilization review, quality assurance, dispute resolution or peer review activities pursuant to this section shall not be examined as to any communication made in the course of such activities or the findings thereof, nor shall any person be subject to an action for civil damages for affirmative actions taken or statements made in good faith.

(10) No person who participates in forming consortiums, collectively negotiating fees or otherwise solicits or enters into contracts in a good faith effort to provide medical or health care services according to the provisions of this section shall be examined or subject to administrative or civil liability regarding any such participation except pursuant to the director’s active supervision of such activities and the managed care organization. Before engaging in such activities, the person shall provide notice of intent to the director in a form prescribed by the director.

(11) The provisions of this section shall not affect the confidentiality or admission in evidence of a claimant’s medical treatment records.

(12) In consultation with the committees referred to in ORS 656.790 (Workers’ Compensation Management-Labor Advisory Committee) and 656.794 (Advisory committee on medical care) , the director shall adopt such rules as may be necessary to carry out the provisions of this section.

(13) As used in this section, ORS 656.245 (Medical services to be provided) , 656.248 (Medical service fee schedules) and 656.327 (Review of medical treatment of worker) , “medical service provider” means a person duly licensed to practice one or more of the healing arts in any country or in any state or territory or possession of the United States.

(14) Notwithstanding ORS 656.005 (Definitions) (12) or subsection (4)(b) of this section, a managed care organization contract may designate any medical service provider or category of providers as attending physicians.

(15) If a worker, insurer, self-insured employer, the attending physician or an authorized health care provider is dissatisfied with an action of the managed care organization regarding the provision of medical services pursuant to this chapter, peer review, service utilization review or quality assurance activities, that person or entity must first apply to the director for administrative review of the matter before requesting a hearing. Such application must be made not later than the 60th day after the date the managed care organization has completed and issued its final decision.

(16) Upon a request for administrative review, the director shall create a documentary record sufficient for judicial review. The director shall complete administrative review and issue a proposed order within a reasonable time. The proposed order of the director issued pursuant to this section shall become final and not subject to further review unless a written request for a hearing is filed with the director within 30 days of the mailing of the order to all parties.

(17) At the contested case hearing, the order may be modified only if it is not supported by substantial evidence in the record or reflects an error of law. No new medical evidence or issues shall be admitted. The dispute may also be remanded to the managed care organization for further evidence taking, correction or other necessary action if the Administrative Law Judge or director determines the record has been improperly, incompletely or otherwise insufficiently developed. Decisions by the director regarding medical disputes are subject to review under ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim) .

(18) Any person who is dissatisfied with an action of a managed care organization other than regarding the provision of medical services pursuant to this chapter, peer review, service utilization review or quality assurance activities may request review under ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim) .

(19) Notwithstanding any other provision of law, original jurisdiction over contract review disputes is with the director. The director may resolve the matter by issuing an order subject to review under ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim) , or the director may determine that the matter in dispute would be best addressed in another forum and so inform the parties.

(20) The director shall conduct such investigations, audits and other administrative oversight in regard to managed care as the director deems necessary to carry out the purposes of this chapter.

(21) Intentionally left blank —Ed.

(a) Except as otherwise provided in this chapter, only a managed care organization certified by the director may:

(A) Restrict the choice of a health care provider or medical service provider by a worker;

(B) Restrict the access of a worker to any category of medical service providers;

(C) Restrict the ability of a medical service provider to refer a worker to another provider;

(D) Require preauthorization or precertification to determine the necessity of medical services or treatment; or

(E) Restrict treatment provided to a worker by a medical service provider to specific treatment guidelines, protocols or standards.

(b) The provisions of paragraph (a) of this subsection do not apply to:

(A) A medical service provider who refers a worker to another medical service provider;

(B) Use of an on-site medical service facility by the employer to assess the nature or extent of a worker’s injury; or

(C) Treatment provided by a medical service provider or transportation of a worker in an emergency or trauma situation.

(c) Except as provided in paragraph (b) of this subsection, if the director finds that a person has violated a provision of paragraph (a) of this subsection, the director may impose a sanction that may include a civil penalty not to exceed $2,000 for each violation.

(d) If violation of paragraph (a) of this subsection is repeated or willful, the director may order the person committing the violation to cease and desist from making any future communications with injured workers or medical service providers or from taking any other actions that directly or indirectly affect the delivery of medical services provided under this chapter.

(e) Intentionally left blank —Ed.

(A) Penalties imposed under this subsection are subject to ORS 656.735 (Civil penalty for noncomplying employers) (4) to (6) and 656.740 (Review of proposed order declaring noncomplying employer or nonsubjectivity determination) .

(B) Cease and desist orders issued under this subsection are subject to ORS 656.740 (Review of proposed order declaring noncomplying employer or nonsubjectivity determination) . [1990 c.2 §12; 1995 c.332 §27; amendments by 1995 c.332 §27a repealed by 1999 c.6 §1; 1997 c.639 §§1,2; 2005 c.26 §8; 2005 c.364 §1; 2007 c.423 §1; 2011 c.98 §1; 2013 c.179 §2; 2023 c.87 §3]

Source: Section 656.260 — Certification procedure for managed health care provider; required findings; denial or termination of provider authorization; scope of director’s review; confidentiality of certain information; immunity from liability; rules; medical service dispute resolution; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 659a.122 — OR Code / Title 51 / Chapter 659a / Section 659a.122
659A.122 Definitions for ORS 659A.124, 659A.127 and 659A.130
Status: in_force

As used in this section and ORS 659A.124 (Illegal use of drugs) , 659A.127 (Permitted employer action) and 659A.130 (Conditions that do not constitute impairment) :

(1) “Drug” means a controlled substance, as classified in schedules I through V of section 202 of the federal Controlled Substances Act, as amended, and as modified under ORS 475.035 (Authority to control schedule) .

(2) “Illegal use of drugs” means any use of drugs, the possession or distribution of which is unlawful under state law or under the federal Controlled Substances Act, as amended, but does not include the use of a drug taken under supervision of a licensed health care professional, or other uses authorized under the Controlled Substances Act or under other provisions of state or federal law. [Formerly 659A.100]

Note: 659A.122 (Definitions for ORS 659A.124, 659A.127 and 659A.130) was made a part of 659A.103 (Policy) to 659A.145 (Discrimination against individual with disability in real property transactions prohibited) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 659A.122 — Definitions for ORS 659A.124, 659A.127 and 659A.130 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 656.708 — OR Code / Title 51 / Chapter 656 / Section 656.708
656.708 Hearings Division
Status: in_force

The Hearings Division is continued within the Workers’ Compensation Board. The division has the responsibility for providing an impartial forum for deciding all cases, disputes and controversies arising under ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act) , 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault) and 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) , all cases, disputes and controversies regarding matters concerning a claim under this chapter, and for conducting such other hearings and proceedings as may be prescribed by law. [1977 c.804 §25; 1979 c.839 §17; 1987 c.373 §39]

Source: Section 656.708 — Hearings Division; duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 656.625 — OR Code / Title 51 / Chapter 656 / Section 656.625
656.625 Reopened Claims Program
Status: in_force

(1) There is established a Reopened Claims Program for the purpose of reimbursing the additional amounts of compensation payable to injured workers that results from any award made by the Workers’ Compensation Board or voluntary claim reopening pursuant to ORS 656.278 (Board has continuing authority to alter earlier action on claim) after January 1, 1988.

(2) Notwithstanding any other provision of law, any reimbursement from the Workers’ Benefit Fund for the purposes of the Reopened Claims Program shall be in such amounts payable to an injured worker pursuant to ORS 656.278 (Board has continuing authority to alter earlier action on claim) and only to the extent that moneys are available in the fund as determined by the Director of the Department of Consumer and Business Services.

(3) The director, by rule, shall prescribe the form and manner of requesting reimbursement under this section, the amount payable and such other matters as may be necessary for the administration of this section. [1987 c.884 §39; 1995 c.332 §49a; 1995 c.641 §22; 2001 c.865 §11a]

Source: Section 656.625 — Reopened Claims Program; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 653.040 — OR Code / Title 51 / Chapter 653 / Section 653.040
653.040 Powers of commissioner
Status: in_force

The Commissioner of the Bureau of Labor and Industries, in addition to the commissioner’s other powers, may:

(1) Investigate and ascertain the wages of persons employed in any occupation or place of employment in the state.

(2) Require from an employer statements, including sworn statements, with respect to wages, hours, names and addresses and such other information pertaining to the employer’s employees or their employment as the commissioner considers necessary to carry out ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions) .

(3) Make such rules as the commissioner considers appropriate to carry out the purposes of ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions) , or necessary to prevent the circumvention or evasion of ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions) and to establish and safeguard the minimum wage rates provided for under ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions) . [1967 c.596 §8; 1985 c.99 §4; 2003 c.2 §2; 2005 c.22 §458]

Source: Section 653.040 — Powers of commissioner; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 657b.240 — OR Code / Title 51 / Chapter 657b / Section 657b.240
657B.240 Withdrawal from plan
Status: in_force

(1) An employer may elect to withdraw from a plan that was approved under ORS 657B.210 (Equivalent plans, generally) in the manner specified by the Director of the Employment Department by rule provided that the plan has been in effect for at least one year.

(2) If an employer elects to withdraw from an approved plan, any deductions made from the wages of an employee that remain in possession of the employer upon the employer’s withdrawal of the plan shall be disposed of as determined by the director. [2019 c.700 §46]

Source: Section 657B.240 — Withdrawal from plan; handling of employee deductions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 663.180 — OR Code / Title 51 / Chapter 663 / Section 663.180
663.180 Filing of charges of unfair practice
Status: in_force

(1) A person may file with the Employment Relations Board a charge that another person has engaged in or is engaging in an unfair labor practice. The person filing the charge shall pay a fee of $300 to the board. The board shall deposit fees received under this section to the credit of the Employment Relations Board Administrative Account.

(2) If it is charged that a person has engaged in or is engaging in an unfair labor practice, the board shall cause an investigation to be made. If, on the basis of this investigation, it appears to the board that an issue of fact or law exists as to a violation of ORS 663.120 (Employer unfair labor practices) to 663.165 (Procedure for terminating or modifying existing collective bargaining contract) , the board shall issue a complaint. The complaint shall contain a notice of hearing before the board, at a place fixed in the notice, not less than five days after the serving of the complaint.

(3) Notwithstanding subsection (2) of this section, the board may not issue a complaint based upon an unfair labor practice occurring more than six months before the filing of the charge with the board, and the service of a copy of the charge upon the person against whom the charge is made, unless the person aggrieved by the unfair labor practice was prevented from filing the charge by reason of service in the Armed Forces of the United States, in which event the six-month period shall be computed from the day of discharge. [1971 c.729 §20; 1975 c.147 §15; 2007 c.296 §2; 2011 c.593 §4]

Source: Section 663.180 — Filing of charges of unfair practice; fees; board investigation; issuance of complaints , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 652.440 — OR Code / Title 51 / Chapter 652 / Section 652.440
652.440 Retention by commissioner or labor bureau of percentage of funds collected
Status: in_force

Any agreement concluded by the Commissioner of the Bureau of Labor and Industries shall make provision for the transfer of funds collected pursuant to ORS 652.420 (Definitions for ORS 652.420 to 652.445) to 652.445 (Deposit of moneys in Wage Collection Account) and for retention by the commissioner or the labor bureau in the other state of percentile amounts from the sums collected to defray the administrative costs of ORS 652.420 (Definitions for ORS 652.420 to 652.445) to 652.445 (Deposit of moneys in Wage Collection Account) . Amounts authorized pursuant to this section to be used to defray the administrative costs of ORS 652.420 (Definitions for ORS 652.420 to 652.445) to 652.445 (Deposit of moneys in Wage Collection Account) shall be credited to the Bureau of Labor and Industries Account and shall be used only for the administration of ORS 652.420 (Definitions for ORS 652.420 to 652.445) to 652.445 (Deposit of moneys in Wage Collection Account) . [1953 c.256 §5; 1957 c.465 §9]

Source: Section 652.440 — Retention by commissioner or labor bureau of percentage of funds collected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 657.690 — OR Code / Title 51 / Chapter 657 / Section 657.690
657.690 Employment Appeals Board powers
Status: in_force

The Employment Appeals Board has the power:

(1) To hold sessions any place within the state.

(2) To administer oaths.

(3) To issue and serve, or by any sheriff, subpoenas for the attendance of employers or claimants and the production of papers, contracts, books, accounts, documents and testimony. The Employment Appeals Board may require the attendance and testimony of claimants or employers, their officers and representatives before any hearing or review before the Employment Appeals Board without payment or tender or witness fees on account of such attendance. [1959 c.583 §13; 1993 c.344 §24]

Source: Section 657.690 — Employment Appeals Board powers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 663.245 — OR Code / Title 51 / Chapter 663 / Section 663.245
663.245 Hearing unfair labor practice cases involving jurisdictional disputes
Status: in_force

If it is charged that a person has engaged in an unfair labor practice within the meaning of ORS 663.140 (Encouraging certain strikes) (4), the Employment Relations Board shall hear and determine the dispute out of which the unfair labor practice arose unless, within 10 days after notice that the charge has been filed, the parties to the dispute submit to the board satisfactory evidence that they have adjusted, or agreed upon methods for the voluntary adjustment of, the dispute. On compliance by the parties to the dispute with the decision of the board or upon voluntary adjustment of the dispute, the charge shall be dismissed. [1971 c.729 §33]

Source: Section 663.245 — Hearing unfair labor practice cases involving jurisdictional disputes; dismissal of charges upon voluntary adjustment of dispute , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 656.644 — OR Code / Title 51 / Chapter 656 / Section 656.644
656.644 Petty cash funds
Status: in_force

The State Accident Insurance Fund Corporation may, at its discretion, establish and maintain petty cash funds, not exceeding a total of $20,000 for the purpose of making change, refunding fees and premiums and assessments paid in error, the advance of traveling expense to employees and claimants, and paying miscellaneous legal fees and other petty incidental expenses in the administration of the Workers’ Compensation Law. [Formerly 656.466; 1981 c.854 §47]

Source: Section 656.644 — Petty cash funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 656.304 — OR Code / Title 51 / Chapter 656 / Section 656.304
656.304 When acceptance of compensation precludes hearing
Status: in_force

A claimant may accept and cash any check given in payment of any award or compensation without affecting the right to a hearing, except that the right of hearing on any award shall be waived by acceptance of a lump sum award by a claimant where such lump sum award was granted as a result of the claimant’s own request under ORS 656.230 (Lump sum award payments) . This section shall not be construed as a waiver of the necessity of complying with ORS 656.283 (Hearing rights and procedure) to 656.298 (Judicial review of board orders) . [Formerly 656.294; 2007 c.270 §6]

Source: Section 656.304 — When acceptance of compensation precludes hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 663.115 — OR Code / Title 51 / Chapter 663 / Section 663.115
663.115 Right to strike
Status: in_force

Nothing in this chapter, except as specifically provided for therein, either interferes with, impedes or diminishes in any way the right to strike, or affects the limitations or qualifications on that right. [1971 c.729 §6]

Source: Section 663.115 — Right to strike , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 660.060 — OR Code / Title 51 / Chapter 660 / Section 660.060
660.060 Contents of agreement
Status: in_force

To be registered with the State Apprenticeship and Training Council, every apprenticeship or training agreement shall contain:

(1) The names and signatures of the apprentice or trainee and of a parent or guardian if the apprentice or trainee is a minor;

(2) The names and addresses of the appropriate local joint committee and of the council;

(3) The date of birth of the apprentice or trainee;

(4) The beginning date and duration of the apprenticeship or training and the apprenticeable or trainable occupation in which the apprentice or trainee is to be trained;

(5) A statement that the parties to the agreement shall abide by the applicable standards existing as of the date of the agreement, and as amended during the duration of the agreement, and a provision incorporating the standards explicitly or by reference as part of the agreement;

(6) A statement that there is a probationary period of up to one year or 25 percent of the length of the program, whichever period is shorter, during which the apprenticeship agreement may be terminated by either party to the agreement upon written notice to the Apprenticeship and Training Division of the Bureau of Labor and Industries;

(7) A statement that after the probationary period the apprenticeship agreement may be canceled at the request of the apprentice or may be suspended, canceled or terminated by the committee for good cause, which includes but is not limited to failure to report to work, nonattendance at related training, failure to submit work progress reports and lack of response to committee citations, with prior written notice to the apprentice, and with written notice to the apprentice and to the Apprenticeship and Training Division of the Bureau of Labor and Industries of the final action taken by the committee;

(8) A statement that the transfer of an apprentice between apprenticeship programs or within an apprenticeship program must be based on an agreement between the transferring apprentice and the affected apprenticeship committees or program sponsors that includes requirements that:

(a) The transferring apprentice must be provided a transcript of records of related instruction and on-the-job learning by the transferring apprenticeship committee or program sponsor;

(b) The transfer must be within the same occupation as the original apprenticeship program; and

(c) A new apprenticeship agreement must be executed prior to the transfer between program sponsors or within an apprenticeship program;

(9) Any additional provisions as the council may deem necessary or advisable to effectuate the policies and duties prescribed and imposed by ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents) , provided that the provisions are customarily subject to agreement between program sponsors or local joint committees and apprentices or trainees; and

(10) A waiver by the apprentice granting permission for the release of related training school records to the appropriate joint apprenticeship committee for the purpose of evaluation. [Amended by 1955 c.719 §3; 1957 c.270 §6; 1967 c.6 §9; 1981 c.764 §4; 1985 c.98 §2; 2007 c.620 §4; 2011 c.140 §4]

Source: Section 660.060 — Contents of agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 652.550 — OR Code / Title 51 / Chapter 652 / Section 652.550
652.550 Payment of claims prerequisite to discharge of attachment or execution, assignee or receiver, or to abandonment of seizure or sale
Status: in_force

No attachment or execution shall be discharged nor shall the seizure or sale of property seized be abandoned, or assignee or receiver discharged, until every claimant presenting a claim under ORS 652.510 (Payment of wage claims by receivers, assignees or court) to 652.570 (Priority of wage claims over transfers in payment of preexisting obligations) has been paid in full, or pro rata, as provided in ORS 652.510 (Payment of wage claims by receivers, assignees or court) , or has consented to such discharge or abandonment.

Source: Section 652.550 — Payment of claims prerequisite to discharge of attachment or execution, assignee or receiver, or to abandonment of seizure or sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 657.471 — OR Code / Title 51 / Chapter 657 / Section 657.471
657.471 Manner of charging benefits to employer
Status: in_force

(1) Except as otherwise provided in this section, benefits paid to an eligible individual shall be charged to each of the individual’s employers during the base year in the same proportion that the wages paid by each employer to the individual during the base year bear to the wages paid by all employers to that individual during that year.

(2) The account of an employer, other than a political subdivision electing to pay taxes under ORS 657.509 (Taxes from political subdivisions and people’s utility districts) , may not be charged with benefits paid an unemployed individual in excess of one-third of the base year wages paid that individual while in the employ of the employer.

(3) Benefits paid to an individual for unemployment immediately after the expiration of a period of disqualification for having left the employment of an employer voluntarily without good cause may not be charged to the employer.

(4) Benefits paid to an individual for unemployment immediately after the expiration of a period of disqualification for having been discharged by an employer for misconduct may not be charged to the employer.

(5) Benefits paid without any disqualification to an individual may not be charged to an employer of the individual for the immediate period of unemployment if:

(a) The individual left the employment of the employer voluntarily for good cause not attributable to the employer; or

(b) The employer discharged the individual because the individual was unable to satisfy a job prerequisite required by law or administrative rule.

(6) If it is determined under the provisions of subsection (3), (4) or (5) of this section that benefits paid to an individual may not be charged to an employer, the employer’s account may not be charged for any benefits paid for any subsequent period or periods of unemployment during the individual’s affected benefit year or during any benefit year beginning within 52 weeks subsequent to the affected benefit year.

(7) Intentionally left blank —Ed.

(a) A base-year employer that is not otherwise eligible for relief of charges for benefits under this section and that receives notification of an initial valid determination of a claim may request relief of charges if the claim is made by an individual who:

(A) Left the employment of the employer voluntarily and not for reasons attributable to the employer;

(B) Was disqualified for the individual’s most recent separation from the employer by a determination of the Director of the Employment Department that the individual has been discharged for misconduct connected with the employment for the employer; or

(C) Was discharged for reasons that would be disqualifying under ORS 657.176 (Grounds and procedure for disqualification) (2)(a), (b), (f), (g) or (h).

(b) Intentionally left blank —Ed.

(A) A request under paragraph (a)(A) of this subsection:

(i) Must advise the director in writing of the date on which the individual left employment, state that the individual left voluntarily and not for reasons attributable to the employer and give the reason for which the individual left employment.

(ii) May not be granted if the individual was reemployed by the employer prior to the filing of the initial valid claim.

(B) A request under paragraph (a)(C) of this subsection must specify the date of the discharge and the reasons why the employer believes the discharge was for reasons that would be disqualifying under ORS 657.176 (Grounds and procedure for disqualification) (2)(a), (b), (f), (g) or (h).

(c) A request for relief under this subsection must be sent to the department within 30 days after the date on which the notice provided for under ORS 657.266 (Initial determination of eligibility and amount of benefits) is mailed or delivered to the employer.

(d) Upon receipt of the request from the employer, the director shall review the information provided by the employer and determine whether the employer is entitled to relief of charges for benefits paid to the individual during the benefit year. If the director determines that the employer is entitled to relief of charges, the director shall grant the relief.

(e) Intentionally left blank —Ed.

(A) The determination of the director under paragraph (a)(A) and (C) of this subsection is final in all cases unless an application for hearing is filed within 20 days after delivery of the determination, or, if mailed, within 20 days after the determination was mailed to the employer’s last-known address.

(B) When a request for hearing has been timely filed, an administrative law judge shall be assigned to conduct a hearing.

(C) After the administrative law judge has afforded all parties an opportunity for a fair hearing, the administrative law judge shall affirm or reverse the determination and promptly notify all parties entitled to notice of the decision and the reasons for the decision.

(D) Decisions of the administrative law judge under this subsection are final and may be judicially reviewed as provided in ORS 657.684 (Judicial review of decisions under ORS 657.683) to the extent applicable.

(8) Intentionally left blank —Ed.

(a) If the director finds that an employer or the employer’s agent, in submitting facts under subsection (7) of this section, willfully makes a false statement or representation or willfully fails to report a material fact concerning the termination of an individual’s employment, the director shall make a determination charging the employer’s reserve account not less than two nor more than 10 times the weekly benefit amount of the claimant or claimants.

(b) The director shall give notice to the employer of the determination under this subsection and the determination of the director is final unless an application for hearing is filed in the manner provided for in subsection (7)(e) of this section.

(9) Benefits paid to an individual may not be charged to a base-year employer if:

(a) The employer furnished part-time work to the individual during the base year;

(b) The individual has become eligible for benefits because of loss of employment with one or more other employers;

(c) The employer has continued to furnish part-time work to the individual in substantially the same amount as during the individual’s base year; and

(d) The employer requests relief of charges within 30 days of the date the notice provided for in ORS 657.266 (Initial determination of eligibility and amount of benefits) is mailed or delivered to the employer.

(10) Benefits paid to an individual for unemployment due to the return of a covered individual, as defined in ORS 657B.010 (Definitions) , who was temporarily replaced by the individual for a period of family leave, medical leave or safe leave under ORS chapter 657B may not be charged to the employer of the covered individual.

(11) Notwithstanding any other provision of this section, benefits paid to an individual shall be charged to an employer’s account if:

(a) The employer or the employer’s agent fails to respond timely or adequately to a request from the Employment Department for information relating to the claim for benefits;

(b) The failure to respond causes an overpayment of benefits to the claimant; and

(c) The employer or the employer’s agent has a pattern of failing to respond timely or adequately to requests from the department for information relating to claims for benefits. [Formerly 657.466; 1967 c.435 §5; 1973 c.300 §12; 1975 c.257 §10; 1977 c.294 §6; 1983 c.518 §1; 1993 c.778 §22; 1995 c.79 §332; 1995 c.683 §1; 1997 c.59 §2; 1999 c.416 §1; 1999 c.849 §130; 1999 c.970 §1; 2003 c.75 §102; 2003 c.792 §3; 2013 c.704 §1; 2019 c.700 §55]

Source: Section 657.471 — Manner of charging benefits to employer; request for relief from charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 656.252 — OR Code / Title 51 / Chapter 656 / Section 656.252
656.252 Medical report regulation
Status: in_force

(1) In order to ensure the prompt and correct reporting and payment of compensation in compensable injuries, the Director of the Department of Consumer and Business Services shall make rules governing audits of medical service bills and reports by attending and consulting physicians and other personnel of all medical information relevant to the determination of a claim to the injured worker’s representative, the worker’s employer, the employer’s insurer and the Department of Consumer and Business Services. Such rules shall include, but not necessarily be limited to:

(a) Requiring attending physicians and nurse practitioners authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) to make the insurer or self-insured employer a first report of injury within 72 hours after the first service rendered.

(b) Requiring attending physicians and nurse practitioners authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) to submit follow-up reports within specified time limits or upon the request of an interested party.

(c) Requiring examining physicians and nurse practitioners authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) to submit their reports, and to whom, within a specified time.

(d) Such other reporting requirements as the director may deem necessary to insure that payments of compensation be prompt and that all interested parties be given information necessary to the prompt determination of claims.

(e) Requiring insurers and self-insured employers to audit billings for all medical services, including hospital services.

(2) The attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) shall do the following:

(a) Cooperate with the insurer or self-insured employer to expedite diagnostic and treatment procedures and with efforts to return injured workers to appropriate work.

(b) Advise the insurer or self-insured employer of the anticipated date for release of the injured worker to return to employment, the anticipated date that the worker will be medically stationary, and the next appointment date. Except when the attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) has previously indicated that temporary disability will not exceed 14 days, the insurer or self-insured employer may request a medical report every 15 days, and the attending physician or nurse practitioner shall forward such reports.

(c) Advise the insurer or self-insured employer within five days of the date the injured worker is released to return to work. Under no circumstances shall the physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) notify the insurer or employer of the worker’s release to return to work without notifying the worker at the same time.

(d) After a claim has been closed, advise the insurer or self-insured employer within five days after the treatment is resumed or the reopening of a claim is recommended. The attending physician under this paragraph need not be the same attending physician who released the worker when the claim was closed.

(3) In promulgating the rules regarding medical reporting the director may consult and confer with physicians and members of medical associations and societies.

(4) No person who reports medical information to a person referred to in subsection (1) of this section, in accordance with department rules, shall incur any legal liability for the disclosure of such information.

(5) Whenever an injured worker changes attending physicians or nurse practitioners authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) , the newly selected attending physician or nurse practitioner shall so notify the responsible insurer or self-insured employer not later than five days after the date of the change or the date of first treatment. Every attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) who refers a worker to a consulting physician promptly shall notify the responsible insurer or self-insured employer of the referral.

(6) A provider of medical services, including hospital services, that submits a billing to the insurer or self-insured employer shall also submit a copy of the billing to the worker for whom the service was performed after receipt from the injured worker of a written request for such a copy. [1967 c.626 §§2,5; 1979 c.839 §3; 1981 c.535 §6; 1981 c.874 §17; 1987 c.884 §3; 1995 c.332 §26a; 2001 c.865 §14a; 2003 c.811 §§7,8; 2007 c.365 §4]

Source: Section 656.252 — Medical report regulation; rules; duties of attending physician or nurse practitioner; disclosure of information; notice of changing attending physician or nurse practitioner; copies of medical service billings to be furnished to worker , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 660.370 — OR Code / Title 51 / Chapter 660 / Section 660.370
660.370 Payment of costs
Status: in_force

The payment of costs associated with ORS 660.355 (Definitions for ORS 660.355 to 660.364) to 660.364 (Financial incentives and comprehensive strategies to promote green economy and green technology and innovation) is the responsibility of the Office of the Governor and those costs shall be paid from moneys available for disbursement at the direction of the Governor. [2009 c.887 §7]

Note: 660.370 (Payment of costs) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 660 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 660.370 — Payment of costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 656.056 — OR Code / Title 51 / Chapter 656 / Section 656.056
656.056 Subject employers must post notice of manner of compliance
Status: in_force

(1) All subject employers shall display in a conspicuous manner about their works, and in a sufficient number of places reasonably to inform their workers of the fact, printed notices furnished by the Director of the Department of Consumer and Business Services stating that they are subject to this chapter and the manner of their compliance with this chapter.

(2) No employer who is not currently a subject employer shall post or permit to remain on or about the place of business or premises of the employer any notice that the employer is subject to, and complying with, this chapter. [Amended by 1965 c.285 §16]

Source: Section 656.056 — Subject employers must post notice of manner of compliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 654.035 — OR Code / Title 51 / Chapter 654 / Section 654.035
654.035 Scope of rules and orders
Status: in_force

(1) The Director of the Department of Consumer and Business Services may, by general or special orders, or by regulations, rules, codes or otherwise:

(a) Declare and prescribe what devices, safeguards or other means of protection and what methods, processes or work practices are well adapted to render every employment and place of employment safe and healthful.

(b) Fix reasonable standards and prescribe and enforce reasonable orders for the adoption, installation, use and maintenance of devices, safeguards and other means of protection, and of methods, processes and work practices, including, but not limited to, work practices qualifications for equipment, materials and activities requiring special competence, to be as nearly uniform as possible, as may be necessary to carry out all laws relative to the protection of the life, safety and health of employees.

(c) Fix and order reasonable standards for the construction, repair and maintenance of places of employment and equipment that will render them safe and healthful.

(d) Fix standards for routine, periodic or area inspections of places of employment that are reasonably necessary in order to determine compliance with all occupational safety and health laws and the regulations, rules and standards adopted under occupational safety and health laws. Except for complaint inspections, follow-up inspections, imminent danger inspections, referral inspections and inspections to determine the cause of an occupational death, injury or illness, all inspections shall be based on written neutral administrative standards. The standards shall include a prioritized scheduling system for inspections that predominantly focuses enforcement activities upon places of employment that the director reasonably believes to be the most unsafe. The standards shall be accessible to employers under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) for at least 36 months from the last date the standards are in effect. The director shall notify in writing each employer whose place of employment is rated by the director as one of the most unsafe places of employment in the state of the increased likelihood of inspection of the employer’s place of employment and of the availability of consultative services. The director may by rule offer incentives to employers that elect consultative services before an inspection is conducted. Nothing in this paragraph prevents the director from conducting a random inspection of a place of employment as long as the inspection is scheduled and conducted pursuant to written neutral administrative standards.

(e) Require the performance of any other act that the protection of the life, safety and health of employees in employments and places of employment may demand.

(2) The director may not require the use of fall protection by workers engaged in steel erection at heights lower than the heights at which fall protection relating to steel erection is required by federal regulation. [Amended by 1973 c.833 §11; 1987 c.884 §9; 1999 c.1017 §2; 2003 c.595 §§1,2; 2005 c.27 §§1,2; 2007 c.686 §1]

Source: Section 654.035 — Scope of rules and orders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html (accessed May 26, 2025).
ORS § 660.147 — OR Code / Title 51 / Chapter 660 / Section 660.147
660.147 Registered apprentice required
Status: in_force

(1) Every local apprenticeship or training program administered by a local joint committee or by a trade committee functioning as a local joint committee must have at least one registered apprentice.

(2) Notwithstanding subsection (1) of this section, a local apprenticeship or training program administered by a local joint committee or by a trade committee functioning as a local joint committee is not required to have at least one registered apprentice during the period from:

(a) The date the standards for the program are registered and the date the first apprentice is registered under those standards or one year from the date the standards are registered, whichever period is shorter; or

(b) The date the committee graduates an apprentice under a set of standards and the date the next apprentice is registered under those standards or one year from the date the committee graduates an apprentice under a set of standards, whichever period is shorter. [2011 c.140 §13]

Source: Section 660.147 — Registered apprentice required; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 663.140 — OR Code / Title 51 / Chapter 663 / Section 663.140
663.140 Encouraging certain strikes
Status: in_force

It is an unfair labor practice for a labor organization or its agents to engage in, or to induce or encourage any individual employed by any person to engage in, a strike or a refusal in the course of employment to use, manufacture, process, transport or otherwise handle or work on any goods, articles, materials or commodities or to perform any services; or to threaten, coerce or restrain any person, where in either case an object thereof is forcing or requiring:

(1) An employer or self-employed person to join a labor or employer organization or to enter into an agreement that is prohibited by ORS 663.155 (Contract with employer to refrain from dealing in products of another employer) ;

(2) A person to cease using, selling, handling, transporting or otherwise dealing in the products of any other producer, processor or manufacturer, or to cease doing business with any other person, or forcing or requiring any other employer to recognize or bargain with a labor organization as the representative of employees of the employer unless such labor organization has been certified as the elected representative of such employees. However, nothing in this subsection makes unlawful, where not otherwise unlawful, any primary strike or primary picketing;

(3) An employer to recognize or bargain with a particular labor organization as the representative of employees of the employer if another labor organization has been certified as the elected representative of such employees; or

(4) An employer to assign particular work to employees in a particular labor organization or in a particular trade, craft or class rather than to employees in another labor organization or in another trade, craft or class, unless the employer is failing to conform to an order of the Employment Relations Board or certification of the conciliator determining the bargaining representative for employees performing the work. [1971 c.729 §11; 2005 c.22 §473]

Source: Section 663.140 — Encouraging certain strikes; refusals to handle products , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 660.318 — OR Code / Title 51 / Chapter 660 / Section 660.318
660.318 Duties of Higher Education Coordinating Commission
Status: reserved

(1) To implement and oversee state implementation of the federal Workforce Innovation and Opportunity Act, the Higher Education Coordinating Commission may:

(a) Receive federal youth activities funds allotted to this state by the Secretary of Labor pursuant to the federal Workforce Innovation and Opportunity Act and allocate those funds that are not reserved according to an allocation formula recommended by the State Workforce and Talent Development Board and approved by the Governor.

(b) Receive federal adult employment and training activities funds allotted to this state by the Secretary of Labor pursuant to the federal Workforce Innovation and Opportunity Act and allocate those funds that are not reserved according to an allocation formula recommended by the State Workforce and Talent Development Board and approved by the Governor.

(c) Receive federal dislocated worker funds allotted to this state by the Secretary of Labor pursuant to the federal Workforce Innovation and Opportunity Act and allocate those funds that are not reserved according to an allocation formula recommended by the State Workforce and Talent Development Board and approved by the Governor.

(d) Establish a procedure for use by local workforce development boards to identify eligible providers of training services according to section 3174 of the federal Act and to maintain the list of providers identified as eligible by the boards in all local workforce development areas in this state.

(e) Receive the comprehensive strategic plan developed and implemented by each local workforce development board and review the plan, with input from representatives of state and local workforce programs, to determine if the plan meets the requirements of section 3123 of the federal Act and state policy.

(f) Approve the plans, after review by the State Workforce and Talent Development Board, that are found to meet the requirements of the federal Workforce Innovation and Opportunity Act and review and approve any amendments to the plans.

(g) Carry out the required and allowable activities described in section 3174 of the federal Act with the advice of the Education and Workforce Policy Advisor.

(h) Pursuant to ORS 660.339 (Participant records) , establish procedures to maintain the confidentiality of the names and records of participants in workforce programs for which the commission is responsible, including circumstances under which the names and records may be disclosed.

(i) Establish a method to set performance standards for the Secretary of Labor as required under section 3141 of the federal Act.

(j) Perform planning functions related to programs and performance reporting under the federal Workforce Innovation and Opportunity Act.

(2) Intentionally left blank —Ed.

(a) Subject to the availability of funds from the federal Workforce Innovation and Opportunity Act, the commission shall create and operate a summer youth employment program that reestablishes meaningful summer work experience for persons between the ages of 14 and 24 and that meets the requirements for funding under the federal Act.

(b) Programs funded under this subsection:

(A) Must include representatives of the business community in the planning, implementation and evaluation of the program.

(B) May provide for private and public sector employment opportunities.

(C) Shall be managed by local workforce development boards in a manner that coordinates regional state-sponsored youth work experience programs.

(c) Local workforce development boards responsible for managing programs created under this subsection shall provide training for business, labor and education leaders in use of best practices that ensure positive summer work experiences for participants.

(3) The commission shall collaborate with the State Workforce and Talent Development Board and local workforce development boards to collect data on summer work experience programs that identify successful summer work experiences and allow for the identification and dissemination of promising practices.

(4) The commission, in consultation with the State Workforce and Talent Development Board, may adopt rules pursuant to ORS chapter 183 to implement this section. [2001 c.684 §11; 2009 c.836 §6; 2013 c.747 §171; 2015 c.366 §59; 2017 c.185 §26; 2017 c.297 §4]

Source: Section 660.318 — Duties of Higher Education Coordinating Commission; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 659a.106 — OR Code / Title 51 / Chapter 659a / Section 659a.106
659A.106 Employers to whom ORS 659A.112 to 659A.139 apply
Status: in_force

The requirements of ORS 659A.112 (Employment discrimination) to 659A.139 (Construction of ORS 659A.103 to 659A.145) apply only to employers who employ six or more persons. The requirements of ORS 659A.112 (Employment discrimination) to 659A.139 (Construction of ORS 659A.103 to 659A.145) do not apply to the Oregon National Guard. [2001 c.621 §23; 2011 c.210 §1]

Source: Section 659A.106 — Employers to whom ORS 659A.112 to 659A.139 apply , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 659.780 — OR Code / Title 51 / Chapter 659 / Section 659.780
659.780 Definitions for ORS 659.780 and 659.785
Status: in_force

As used in this section and ORS 659.785 (Employer prohibited from taking action) :

(1) “Constituent group” includes, but is not limited to, civic associations, community groups, social clubs and mutual benefit alliances, including labor organizations.

(2) “Employee” means an individual engaged in service to an employer in a business of the employer.

(3) “Employer” includes:

(a) A person engaged in business that has employees; and

(b) A public body, as defined in ORS 174.109 (“Public body” defined) .

(4) “Labor organization” means an organization that exists for the purpose, in whole or in part, of collective bargaining, of dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in connection with employment.

(5) “Political matters” includes activity related to political party affiliation, campaigns for measures, as defined in ORS 260.005 (Definitions) , or candidates for political office and the decision to join, not join, support or not support any lawful political or constituent group.

(6) “Religious matters” includes activity related to religious affiliation or the decision to join, not join, support or not support a bona fide religious organization. [2009 c.658 §1; 2009 c.890 §1]

Note: 659.780 (Definitions for ORS 659.780 and 659.785) and 659.785 (Employer prohibited from taking action) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 659 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 659.780 — Definitions for ORS 659.780 and 659.785 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659.­html (accessed May 26, 2025).
ORS § 657.262 — OR Code / Title 51 / Chapter 657 / Section 657.262
657.262 Information provided by public employer to employees
Status: in_force

(1) An employer listed in subsection (2) of this section:

(a) May not inform an employee of the employer that the employee is ineligible for benefits unless the Director of the Employment Department has reviewed the employee’s claim for benefits and determined that the employee is ineligible for benefits.

(b) Shall provide employees with any information about eligibility for benefits that is provided to the employer by the director.

(c) May provide employees with any other information about eligibility for benefits that is approved by the director.

(2) This section applies to an employer that is:

(a) This state; or

(b) A political subdivision of this state. [2019 c.407 §3]

Source: Section 657.262 — Information provided by public employer to employees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 658.407 — OR Code / Title 51 / Chapter 658 / Section 658.407
658.407 Administration and enforcement of ORS 658.405 to 658.511
Status: in_force

The Commissioner of the Bureau of Labor and Industries shall administer and enforce ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.511 (Wage claim against property services contractor or construction labor contractor) , and in so doing shall:

(1) Investigate and attempt to adjust equitably controversies between labor contractors and their workers with respect to claims arising under ORS 658.415 (Application for license) (3) or 658.419 (Proof of financial responsibility from agricultural associations and certain nonprofit corporations) .

(2) Take appropriate action to establish the liability or lack thereof of the labor contractor for wages of the employees of the labor contractor and if appropriate proof exists of liability for wages the commissioner shall pay the same or such part thereof as the commissioner has funds on deposit or cause the surety company to forthwith pay the entire liability or such part thereof as the sums due under the bond will permit.

(3) Adopt appropriate rules to administer ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.511 (Wage claim against property services contractor or construction labor contractor) . [1971 c.479 §2; 1973 c.401 §1; 1975 c.502 §2; 1989 c.164 §10; 1991 c.331 §99; 1995 c.73 §6; 1999 c.628 §7; 2013 c.584 §3]

Source: Section 658.407 — Administration and enforcement of ORS 658.405 to 658.511; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 659a.810 — OR Code / Title 51 / Chapter 659a / Section 659a.810
659A.810 Willful interference with administration of law and violation of orders of commissioner prohibited
Status: in_force

(1) No person shall willfully resist, prevent, impede or interfere with the Commissioner of the Bureau of Labor and Industries or any authorized agents of the commissioner in the performance of duty under this chapter or willfully violate an order of the commissioner.

(2) An appeal or other procedure for the review of any such order is not deemed to be such willful conduct. [Formerly 659.110]

Source: Section 659A.810 — Willful interference with administration of law and violation of orders of commissioner prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 657.520 — OR Code / Title 51 / Chapter 657 / Section 657.520
657.520 Claims for contribution preferred
Status: in_force

All contributions, interest charges, penalties or amounts due the Unemployment Compensation Trust Fund from any employer under this chapter and all judgments recovered by the Director of the Employment Department against any employer under this chapter shall be given the same priority as taxes and shall be deemed preferred to all general claims in all bankruptcy proceedings, trustee proceedings, proceedings for the administration of estates, receiverships and assignments for the benefits of creditors involving the employer liable therefor or the property of such employer.

Source: Section 657.520 — Claims for contribution preferred , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).