justicedao/ipfs_state_laws huggingface dataset:
436-170-0300 Application of “Direction and Control” Test in Construction and Landscape Industries (1) The provisions of this section apply to: (a) Architects licensed under ORS 671.010 to 671.220; (b) Landscape architects licensed under ORS 671.310 to 671.479; (c) Landscaping businesses licensed under ORS 671.510 to 671.710; (d) Engineers licensed under ORS 672.002 to 672.325; and (e) Construction contractors licensed under ORS Chapter 701. (2) A licensee described in section (1) that is paying for the services of a subcontractor in connection with a construction or landscape project, will not be considered to be exercising direction or control over the means or manner by which the subcontractor is performing work when the following circumstances apply: (a) The licensee specifies the desired results of the subcontractor’s services by providing plans, drawings, or specifications that are necessary for the project to be completed. (b) The licensee specifies the desired results of the subcontractor’s services by specifying the materials, appliances or plants by type, size, color, quality, manufacturer, grower, or price, which materials, appliances or plants are necessary for the project to be completed. (c) When specified by the licensee’s customer or in a general contract, plans, or drawings and in order to specify the desired results of the subcontractor’s services, the licensee provides materials, appliances, or plants, including, but not limited to, roofing materials, framing materials, finishing materials, stoves, ovens, refrigerators, dishwashers, air conditioning units, heating units, sod and seed for lawns, shrubs, vines, trees, or nursery stock, which are to be installed by subcontractors in the performance of their work, and which are necessary for the project to be completed. (d) The licensee provides, but does not require the use of, equipment (such as scaffolding or fork lifts) at the job site, which equipment is available for use on that job site only, by all or a significant number of subcontractors requiring such equipment. (e) The licensee has the right to determine, or does determine, in what sequence subcontractors will work on a project, the total amount of time available for performing the work, or the start or end dates for subcontractors working on a project. (f) The licensee reserves the right to change, or does change, in what sequence subcontractors will work on a project, the total amount of time available for performing the work, or the start or end dates for subcontractors working on a project. Statutory/Other Authority: ORS 656.726(4) & 670.605 Statutes/Other Implemented: ORS 316.162 & 670.600 History: WCD 1-2007, f. 1-30-07, cert. ef. 2-1-07
436-180-0003 Administration of Rules (1) Purpose. These rules carry out the provisions of ORS 656.403(4); 656.850; and 656.855 related to worker leasing companies. (2) Director’s discretion. The director may waive procedural rules as justice requires, unless otherwise obligated by statute. Statutory/Other Authority: ORS 656.726(4) & ORS 656.855 Statutes/Other Implemented: ORS 656.855, ORS 656.403(4) & 656.850 History: WCD 7-2018, adopt filed 06/07/2018, effective 07/01/2018
436-180-0008 Requests for Hearings or Administrative Review (1) Request for hearing on proposed sanctions or civil penalties. Any person that disagrees with a proposed order or assessment of a civil penalty under ORS 656.735, or 656.745 may request a hearing by the board. To request a hearing, the person must: (a) Mail or deliver a written request to the Workers’ Compensation Division within 60 days of the mailing date of the proposed order or assessment; and (b) Specify, in the request, the reasons why the person disagrees with the proposed order or assessment. (2) Request for hearing on an action or order of the director. Any person that disagrees with an action or order of the director under these rules other than as described in section (1) of this rule may request a hearing under OAR 436-001-0019, subject to the following: (a) The request for hearing must be made in writing and must be filed: (A) Within 60 days of the mailing date of an order denying an application for initial or renewal license; (B) Within 90 days of an emergency suspension order suspending a license under OAR 436-180-0160(3); or (C) Within 30 days of the mailing date of any other order or notice of action; and (b) OAR 436-001 applies to the hearing. Statutory/Other Authority: ORS 656.704 & 656.726(4) Statutes/Other Implemented: ORS 656.704 & 656.745 History: WCD 24-2024, minor correction filed 06/18/2024, effective 06/18/2024 WCD 7-2018, adopt filed 06/07/2018, effective 07/01/2018
436-180-0100 Responsibility for Providing Coverage under a Lease Arrangement (1) General. Every worker leasing company providing workers to a client must satisfy the requirements of ORS 656.017 and 656.407. (2) When the worker leasing company must provide coverage. Except when the client provides coverage as described in section (3) of this rule, when a worker leasing company provides workers to a client, the worker leasing company must provide coverage for the leased workers and any subject workers employed by the client. (3) When the client provides coverage. When during the term of the worker leasing contract, the director has proof of coverage for a client-purchased policy on file, or when the client is a self-insured employer: (a) The client’s coverage extends to the leased workers and any subject workers employed by the client; and (b) The client will be considered a noncomplying employer if it allows its coverage to terminate and continues to lease or employ any subject workers, unless the client obtains new coverage or the worker leasing company has notified the director that it provides coverage for the client under OAR 436-180-0110(1). (4) Leasing from more than one worker leasing company. A client may not lease workers from more than one worker leasing company at a time unless the client provides coverage as described under section (3) of this rule. (5) Providing coverage to another worker leasing company. A worker leasing company may not provide coverage for another worker leasing company doing business in Oregon or any other state. This section does not apply when: (a) Two or more worker leasing companies that share common majority ownership are included as named insureds on a single policy; and (b) Each worker leasing company separately meets the requirements of ORS 737.270(4). (6) Leasing from unlicensed worker leasing company. No person may obtain workers by contract and for a fee on a non-temporary basis from an unlicensed worker leasing company. Statutory/Other Authority: ORS 656.726(4) Statutes/Other Implemented: ORS 656.850 History: WCD 7-2018, adopt filed 06/07/2018, effective 07/01/2018
436-180-0150 Recordkeeping and Reporting Requirements (1) Required records. A worker leasing company must maintain and make the following records available for review by the director, upon request: (a) Copies of and documentation of filing for signed forms and notices required under OAR 436-180-0110. All forms and documentation must be maintained for three years after the date coverage provided to a client was terminated; (b) Copies of signed worker leasing contracts for three years after the termination date of the contract; (c) Payroll records for the most recent seven years, including records that identify the name, hire date, termination date, and work location for: (A) Leased workers subject to coverage by the worker leasing company; (B) Leased workers not subject to coverage by the worker leasing company; (C) Administrative personnel, and other subject workers directly employed by the worker leasing company; and (D) Workers provided to clients on a temporary basis, if any. (2) Records of leased and temporary workers. If a worker leasing company both provides leased workers and provides workers on a temporary basis, the worker leasing company must maintain written records that specify which workers are leased and which workers are provided on a temporary basis. Statutory/Other Authority: ORS 656.726(4) & ORS 656.855 Statutes/Other Implemented: ORS 656.855 History: WCD 7-2018, adopt filed 06/07/2018, effective 07/01/2018
436-180-0155 Reporting Requirements of a Self-Insured Worker Leasing Company (1) Reporting of client statistical data. A self-insured worker leasing company must maintain and report to the National Council on Compensation Insurance (NCCI) separate statistical data for each client the self-insured worker leasing company provides coverage for under OAR 436-180-0100(2). Reporting must be according to the uniform statistical plan prescribed by the director under ORS 737.225(4) and OAR 836-042-0045. (2) Records relating to client statistical data. Records relating to the client statistical data for self-insured worker leasing companies must be made available to NCCI, upon request. Statutory/Other Authority: ORS 656.726(4) & ORS 656.855 Statutes/Other Implemented: ORS 656.855 & 656.403(4) History: WCD 7-2018, adopt filed 06/07/2018, effective 07/01/2018
436-180-0170 Monitoring and Auditing (1) Generally. The director will monitor and conduct periodic audits of employers as necessary to ensure compliance with the worker leasing company licensing and performance requirements. (2) Disclosure of worker leasing records. A worker leasing company must make all records required by these rules available to the director upon request. The records must be made available at no cost to the director. (3) Inspection of books, records, and payroll. Under ORS 656.726 and 656.758, the director may inspect the books, records, and payrolls of employers pertinent to the administration of these rules. Employers must make all pertinent books, records, and payrolls available for inspection by the director upon request and without cost. (4) “Employer” defined. For the purposes of this rule, “employer” includes a worker leasing company, temporary service provider, and client. Statutory/Other Authority: ORS 656.726(4) & ORS 656.855 Statutes/Other Implemented: ORS 656.855 History: WCD 7-2018, adopt filed 06/07/2018, effective 07/01/2018
436-180-0200 Assessment of Civil Penalties (1) Failure to comply with statutes, rules, and orders of the director. The director may assess a civil penalty against a worker leasing company that fails to comply with the requirements of ORS 656.850 or 656.855, OAR 436-180, or the orders of the director. (2) Failure to comply with OAR 436-180-0170. The director may assess a civil penalty against any employer that fails to respond to requests for information or fails to meet the requirements of 436-180-0170. Assessment of a penalty does not relieve the employer of the obligation to provide a response. (3) Leasing workers without a license. The director may assess a civil penalty against any person who is found to be operating a worker leasing company without a valid license. For the purposes of this section, any month or part of a month a person provides leased workers to a client without a valid license is a separate violation. (4) Obtaining workers from an unlicensed worker leasing company. The director may assess a civil penalty against an employer that leases or continues to lease workers from an unlicensed worker leasing company after written notice of such violation has been served. (5) Penalties under ORS 656.990. Any person or controlling person that knowingly makes any false statement or representation may also be subject to penalties under ORS 656.990. Statutory/Other Authority: ORS 656.726(4) & ORS 656.855 Statutes/Other Implemented: ORS 656.855, 656.745, 656.850 & 656.990 History: WCD 7-2018, adopt filed 06/07/2018, effective 07/01/2018
437-001-0001 Model Rules of Procedure The Model Rules of Procedure, OAR 137-001-0005 through 137-001-0100, in effect on January 1, 2008, as promulgated by the Attorney General of the State of Oregon under the Administrative Procedures Act, are adopted as the rules of procedure for rulemaking actions of the Oregon Occupational Safety and Health Division. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Oregon Occupational Safety and Health Division.] Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 8-2008, f. & cert. ef. 7-14-08 OSHA 1-2006, f. & cert. ef. 2-14-06 OSHA 6-2004, f. & cert. ef. 12-30-04 OSHA 2-2002, f. & cert. ef. 3-12-02 OSHA 11-2000, f. & cert. ef. 12-12-00 OSHA 7-1999, f. & cert. ef. 7-15-99 OSHA 2-1996, f. & cert. ef. 6-13-96 OSHA 2-1994, f. & cert. ef. 5-19-94 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 OSHA 3-1991, f. & cert. ef. 2-25-91
437-001-0002 Notice to Interested Persons of Rulemaking Except when adopting a temporary rule, in accordance with ORS 183.335(5), the Director will give prior notice of the proposed adoption, amendment, or repeal of an administrative rule by: (1) Publishing notice of the proposed action in the Secretary of State’s Oregon Bulletin at least 21 days prior to the effective date of the action. (2) Notifying interested persons and organizations on the Division’s notification lists of proposed rulemaking actions under ORS 183.335. The same information is also posted on the Oregon OSHA web site at osha.oregon.gov. The Division will send the notice to those on Oregon OSHA’s e-mail notification list, and mail paper copies to those on the hard-copy notification list. Both subscription methods are available on the web site listed above or by calling the Oregon OSHA Resource Center at 503-378-3272. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 7-2006, f. & cert. ef. 9-6-06 OSHA 7-1999, f. & cert. ef. 7-15-99 OSHA 6-1994, f. & cert. ef. 9-30-94 OSHA 9-1991, f. & cert. ef. 4-25-91
437-001-0005 Authority and Applicability of Rules (1) These rules are promulgated under the Director’s authority contained in ORS 654.025(2) and 656.726(4). (2) Adoption Procedures: These rules for the Administration of the Oregon Safe Employment Act (OAR 437, division 1) are adopted in accordance with ORS Chapter 183 and the Director’s Rules of Practice and Procedure Applicable to Rule Making Functions. (3) History: Prior “Rules for the Administration of the Oregon Safe Employment Act” (OAR 436, division 46, rules 436-046-0005 through 436-046-0750) were first adopted by WCB Admin. Order 19-1974; filed 6-5-74; effective 7-1-74. Amendments were made by: WCB Admin. Order 33-1974, f. 9-5-74, ef. 9-26-74. WCB Admin. Order, Safety 8-1975, f. 8-5-75, ef. 9-1-75. WCD Admin. Order, Safety 5-1978, f. 6-22-78, ef. 8-15-78. WCD Admin. Order, Safety 7-1979, f. 8-20-79, ef. 9-1-79. WCD Admin. Order, Safety 4-1981, f. 5-22-81, ef. 7-1-81. WCD Admin. Order, Safety 6-1982, f. 6-28-82, ef. 8-1-82. WCD Admin. Order, Safety 12-1982, f. 6-28-82, ef. 8-1-82. WCD Admin. Order, Safety 3-1983, f. 1-31-83, ef. 2-1-83. WCD Admin. Order, Safety 9-1983, f. 11-15-83, ef. 11-15-83. WCD Admin. Order, Safety 2-1984, f. 3-2-84, ef. 3-15-84. WCD Admin. Order, Safety 12-1984, f. 9-20-84, ef. 11-1-84. WCD Admin. Order, Safety 9-1986, f. 10-7-86, ef. 12-1-86. APD Admin. Order 6-1987, f. 12-23-87, ef. 1-1-88. APD Admin. Order 5-1988, f. 5-16-88, ef. 5-16-88. NOTE: See Historical Notes for more complete list of amendments. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 8-2008, f. & cert. ef. 7-14-08 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 OSHA 24-1990, f. & cert. ef. 10-10-90 OSHA 10-1990(Temp), f. & cert. ef. 5-31-90 APD 7-1988, f. 6-17-88, cert. ef. 7-1-74 APD 5-1988, f. 5-16-88, ef. 5-16-88 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 9-1986, f. 10-7-86, ef. 12-1-86 WCD 12-1984, f. 9-20-84, ef. 11-1-84 WCD 2-1984, f. 3-2-84, ef. 3-15-84 WCD 9-1983, f. 11-15-83, ef. 11-15-83 WCD 3-1983, f. 1-31-83, ef. 2-1-83 WCD 12-1982, f. 6-28-82, ef. 8-1-82 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 7-1979, f. 8-20-79, ef. 9-1-79 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 8-1975, f. 8-5-75, ef. 9-1-75 WCB 33-1974, f. 9-5-74, ef. 9-26-74
437-001-0010 Purpose and Scope of Rules (1) These rules provide procedures by which the Division shall implement and enforce the Director’s authority and responsibilities under the Act. (2) The Director adopts OAR chapter 437, division 1, to assure, as far as possible, safe and healthful working conditions for every employee in Oregon, to preserve our human resources and to reduce the substantial burden which is created by occupational injury and disease. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 OSHA 24-1990, f. & cert. ef. 10-10-90 OSHA 10-1990(Temp), f. & cert. ef. 5-31-90 APD 7-1988, f. 6-17-88, ef. 7-1-74 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0020 Authority to Administer (1) The Administrator is hereby granted authority to do whatever is reasonably necessary or incidental to accomplish the purposes of the act and these rules. (2) The Administrator shall administer the Voluntary Compliance Program separately from the enforcement activities. The Voluntary Compliance Program includes but is not limited to education, consultations, demonstration programs, and research. (3) The Administrator shall name employees or classifications of employees who shall have authority to carry out the voluntary compliance and the enforcement provisions of the Oregon Safe Employment Act. (4) The official acts of the Administrator in administering and enforcing the Oregon Safe Employment Act, and the acts of those designated by the Administrator, shall be considered the official acts of the Director. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 8-1975, f. 8-5-75, ef. 9-1-75 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0025 Liberal Construction The Act, other rules adopted thereunder, and these rules shall be liberally construed to accomplish the preventative purposes expressed in the Act. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 7-1988, f. 6-17-88, ef. 7-1-74 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0030 Use of Gender and Number For the purpose of these rules, each gender includes the other gender, the singular includes the plural and the plural includes the singular. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 7-1999, f. & cert. ef. 7-15-99 APD 7-1988, f. 6-17-88, ef. 7-1-74 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0035 Occupational Safety and Health Rules (1) The Division shall propose occupational safety and health rules for adoption by the Administrator under the authority delegated by the Director. Proposed rules shall be: (a) Reasonable; (b) Mandatory; (c) Designed to protect the life, safety and health of employees; and (d) At least as effective as occupational safety and health rules adopted by the U.S. Department of Labor. (2) In proposing rules for adoption, the Division may consider recommendations from national standards-setting organizations, the U.S. Department of Labor, National Institute of Occupational Safety and Health (NIOSH), Centers for Disease Control (CDC), employers, employees, employee representatives, and the Division’s occupational safety and health experience. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 7-1999, f. & cert. ef. 7-15-99 APD 7-1988, f. 6-17-88, ef. 7-1-74 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 8-1975, f. 8-5-75, ef. 9-1-75 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0045 Adoption, Amendment, or Repeal of Rules (1) Rules will be adopted, amended, or repealed in accordance with ORS Chapter 183 and the Director’s rules of practice and procedure applicable to rule-making functions. (2) Any person may request the adoption, amendment, or repeal of a rule. (3) A request for adoption, amendment, or repeal of a rule shall: (a) Be in writing, addressed to the Administrator, Oregon OSHA, Labor and Industries Building, Salem, Oregon 97301; (b) Identify the rule proposed for adoption, amendment, or repeal and include reasons for the change. (4) Upon receipt of the request the Division shall within 90 days, either deny the request or initiate rule-making proceedings. (5) If the request to adopt, amend, or repeal a rule is denied, the Division shall state its reasons for the denial in writing. A copy shall be mailed to the person making the request and all other persons upon whom a copy of the request was served. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 APD 7-1988, f. 6-17-88, ef. 7-1-74 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0047 Voluntary Compliance Program, General (1) The Division shall provide a coordinated program to encourage voluntary compliance with occupational health and safety laws, rules and codes and to promote more effective workplace health and safety programs. (2) The program shall be designed to assist employers achieve voluntary compliance and shall be administered to preclude issuance of citations and penalties except when an employer fails to correct serious violations identified. (3) The program shall include but is not limited to: (a) Health and safety consultative services; (b) Worker and employer training and education; (c) Research projects including: Causes and prevention of industrial accidents and diseases; trends demonstrating the need for licensing, certification, or need or revised rules; (d) Demonstration projects utilizing new or innovative processes or procedures to assist workers and employers in preventing occupational injury or disease, whatever the cause; (e) Publication and general distribution of training and accident prevention materials. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88
437-001-0050 Enforcement Program, General The Division shall provide an effective program to enforce statutes, regulations, rules, standards, or orders for the protection of life, safety, and health of employees. This program shall include, but is not limited to: (1) The inspection of places of employment; (2) The investigation of industrial accidents, fatalities, or catastrophes; (3) Issuing citations for violations; (4) Identifying safety and health hazards that may or may not be violations and bringing them to the attention of employers and employees; (5) Issuing reasonable correction orders; (6) Assisting employers and employees in safety and health matters; (7) Assessing and collecting civil monetary penalties for violations; (8) Holding informal conferences with employers or employees to discuss citations, penalties, or correction orders and other safety and health matters without limiting or extending the employer’s appeal rights; and (9) Granting or denying extensions of the times set by correction orders. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 19-1974, f. 6-5-74, ef. 7-1-74