justicedao/ipfs_state_laws huggingface dataset:
837-120-0530 Hazardous Materials Response Resource Management The Department of the State Fire Marshal (OSFM) shall: (1) Inventory oil and hazardous materials emergency response resources available in Oregon by identifying their locations, means to access them, whether they are publicly or privately maintained, and uploading them to the Western Response Resource List; (2) Identify the need for additional Hazardous Materials Transportation by Rail emergency response resources for spill or release of hazardous materials; (3) Facilitate the acquisition and strategic deployment of oil and hazardous materials spill response resources to support emergency response to hazardous materials by rail incidents. Statutory/Other Authority: ORS 453.392 Statutes/Other Implemented: ORS 453.392 – 453.394 History: OSFM 12-2023, minor correction filed 06/29/2023, effective 06/29/2023 OSFM 1-2017, f. 1-31-17, cert. ef. 2-1-17
837-120-0540 Training and Exercise Programs The Department of the State Fire Marshal (OSFM) shall: (1) Provide support to local responders to attend regional or fixed training within the state for response to crude oil and hazardous materials transportation by rail incidents with authorized funding sources; (2) Provide support to OSFM regional hazmat teams to offer outreach training within their response regions; (3) Provide support to OSFM regional hazmat teams to participate in large scale exercises, scenario-based training, or specialized courses in hazardous materials transportation by rail emergencies. Statutory/Other Authority: ORS 453.392 Statutes/Other Implemented: ORS 453.392 – 453.394 History: OSFM 13-2023, minor correction filed 06/29/2023, effective 06/29/2023 OSFM 1-2017, f. 1-31-17, cert. ef. 2-1-17
837-130-0000 Purpose and Scope (1) The purpose of these rules is to adopt by reference standardized-costs schedules for fire protection agency response to emergency incidents in unprotected areas and on transportation routes. (2) These rules are to assist fire protection agencies and local government officials in the application of ORS 476.290 and 478.310. Statutory/Other Authority: ORS 476.290 & 478.310 Statutes/Other Implemented: ORS 476.030 History: FM 1-1993, f. 5-13-93, cert. ef. 6-1-93
837-130-0010 Definitions (1) “Unprotected Area” shall mean an area outside the boundaries of recognized public or private fire protection. (2) “Transportation Route” shall mean a roadway, waterway, railroad right-of-way or airplane route against which no taxes or assessments for fire protection are levied by the municipality, fire district, or fire protection agency. Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.280 & 478.310 History: FM 1-1993, f. 5-13-93, cert. ef. 6-1-93
837-130-0020 Schedules (1) The State Fire Marshal adopts the standardized-costs schedules for transportation route response, unprotected area response, and apparatus cost that are contained in the State Fire Marshal’s Oregon Fire Service Mobilization Plan. (2) The State Fire Marshal adopts the volunteer firefighter reimbursement rate that is contained in the State Fire Marshal’s Oregon Fire Service Mobilization Plan. (3) All responses billed under these rules are subject to a 30-minute minimum response charge. (4) Local agencies may determine their own billing cycle and any appropriate late charges and fees. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 476.290 & 478.310 Statutes/Other Implemented: ORS 453.550, 476.560, 476.290 & 478.310 History: FM 1-1993, f. 5-13-93, cert. ef. 6-1-93
837-140-0001 Safety Assessment Program — Purpose and Scope These rules establish and maintain a registry of qualified and credentialed post-disaster safety evaluators per ORS 401.256. The Department of State Fire Marshal shall coordinate and oversee the implementation of the Oregon Safety Assessment Program (OrSAP) in accordance with criteria described in the Applied Technology Council (ATC) Procedures for Post-Earthquake Safety Evaluation of Buildings (ATC-20 - Standard), and Safety Evaluation of Buildings after Windstorms and Floods (ATC-45). Statutory/Other Authority: ORS 401.358, HB 2206 & ORS 401.256 Statutes/Other Implemented: ORS 401.358, HB 2206 & ORS 401.256 History: OSFM 2-2024, amend filed 05/31/2024, effective 05/31/2024 OSFM 1-2022, adopt filed 09/07/2022, effective 09/07/2022
837-140-0010 Definitions (1) “Building” means any structure utilized or intended for supporting or sheltering any use or occupancy. (2) “Building Safety Evaluator Type 3” means a person registered to assist other types in post-disaster structural safety and habitability evaluations (Rapid or Detailed Evaluations). (3) “Building Safety Evaluator Type 2” means a person registered to do Type 3 tasks PLUS: perform post-disaster structural safety and habitability evaluations (Rapid Evaluations) for single-family residential buildings and associated accessory structures up to three stories in height, row houses, townhouses, and simple commercial structures up to one story in height. (4) “Building Safety Evaluator Type 1” means a person registered to do Type 2 tasks PLUS: perform post-disaster structural safety and habitability evaluations (Rapid Evaluations) on all simple commercial structures. (5) “Building Safety Evaluator: Complex Architectural System” means a person who is registered to do Type 1 tasks PLUS: perform post-disaster non-structural habitability evaluations (Rapid or Detailed Evaluations) on all structures including architecturally complex structures such as high rise, mixed use, hospitals, schools, shopping malls, hotels and convention centers, historic structures, and large business complexes. (6) “Building Safety Evaluator: Complex Geological System” means a person who is registered to do Type 2 tasks PLUS: perform complex soil, slope, and foundation related evaluations (Rapid or Detailed Evaluations), such as liquefaction, slope stability, and settlement for all structures. (7) “Building Safety Evaluator: Complex Structural System” means a person who is registered to do Type 1 tasks PLUS: perform post-disaster building safety evaluations (Rapid or Detailed Evaluations) on all structures including difficult, complex, or significant structures. (8) “Local Program Coordinator (LPC)” means a person who is from a local government agency such as a building department, emergency management department, or fire agency that will assess the extent and severity of the damage overall and determine the need for qualified volunteers to perform building safety evaluations. Statutory/Other Authority: ORS 401.358 & ORS 401.256 Statutes/Other Implemented: ORS 401.358 History: OSFM 2-2024, amend filed 05/31/2024, effective 05/31/2024 OSFM 1-2022, adopt filed 09/07/2022, effective 09/07/2022
837-140-0020 Local Program Coordinator (1) The Department of the State Fire Marshal will provide the Local Program Coordinator (LPC) with a list of qualified volunteers upon request. (2) The LPC will assess the extent and severity of the damage and determine the need for qualified volunteers to perform building safety evaluations. (3) The LPC will be required to complete one of the following: OrSAP Building Safety Evaluator Training, California Office of Emergency Services (CalOES) Safety Assessment Program (SAP) Evaluator Training, or CalOES SAP Coordinator training, or completion and documentation of an OrSAP approved ATC-20 and ATC-45 course. Statutory/Other Authority: ORS 401.358 & ORS 401.256 Statutes/Other Implemented: ORS 401.358 History: OSFM 2-2024, amend filed 05/31/2024, effective 05/31/2024 OSFM 1-2022, adopt filed 09/07/2022, effective 09/07/2022
837-140-0040 Post-Earthquake Building Safety Evaluator Continuing Education Requirements Post-disaster building safety evaluators must complete an approved OrSAP refresher training every five years. Statutory/Other Authority: ORS 401.358 & ORS 401.256 Statutes/Other Implemented: ORS 401.358 History: OSFM 2-2024, amend filed 05/31/2024, effective 05/31/2024 OSFM 1-2022, adopt filed 09/07/2022, effective 09/07/2022
839-001-0000 Notice of Proposed Rule Prior to the permanent adoption, amendment, or repeal of any rule relating to wage claims enforcement matters, any rule relating to interpretive rules regarding maximum hours of work, and any rules pertaining to money collected from employees for group health insurance coverage and notification of various parties on termination of group health insurance coverage the Wage and Hour Division of the Bureau of Labor and Industries will give notice of the intended action as required in OAR 839-002-0002. Statutory/Other Authority: ORS 183.335, 651.060(4) & 652 Statutes/Other Implemented: ORS 652 History: BLI 9-2004, f. 7-26-04, cert. ef. 7-27-04 BLI 1-2002, f. & cert. ef. 1-9-02 BL 9-1996, f. & cert. ef. 10-8-96 BL 10-1992, f. & cert. ef. 7-1-92 BL 8-1990, f. & cert. ef. 5-11-90 BL 1-1982, f. & ef. 1-13-82 BL 190, f. & ef. 5-7-76 BL 184, f. & ef. 1-21-76
839-001-0127 Establishment Exemptions from Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments Until the states of Washington, Idaho, and California enact legislation similar to ORS 652.020, the provisions of that statute do not apply to employees employed in the following establishments: (1) A sawmill. As used in this rule, a sawmill means a mill that is exclusively engaged in the manufacture and distribution of lumber made from logs by use of saws to cut the logs into various size boards. (2) A shingle mill. As used in this rule, a shingle mill means a mill exclusively engaged in the manufacture and distribution of wooden shingles. (3) A planing mill. As used in this rule, a planing mill means a mill exclusively engaged in the planing of lumber so as to finish the boards cut in the sawmill and in the distribution of the finished forest product. (4) A logging camp. As used in this rule, a logging camp means an establishment which provides support for logging operations by means of housing, feeding and otherwise caring for employees engaged in logging operations by means of maintaining supplies and equipment necessary to continue logging operations. Statutory/Other Authority: ORS 651.060(4) & 652 Statutes/Other Implemented: ORS 652.030 History: BL 8-1990, f. & cert. ef. 5-11-90
839-001-0130 Exempt and Non-exempt Work for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments (1) The exempt status of an employee is determined by the type of work the individual performs and the location of the work performed in any one day. As indicated in sections (2) and (3) of this rule, the exempt status of individual employees may vary from day to day. (2) Employees performing exempt and nonexempt work are exempt from the provisions of ORS 652.020 only when they are engaged in exempt work more than 50 percent of their working time in any one day. (3) Where a mill, factory or manufacturing establishment is a combination of an exempt and non-exempt establishment, employees who are exclusively engaged in the sawmill, shingle mill, planing mill, or logging camp areas of the establishment are exempt. However, when an employee is engaged in both exempt and non-exempt areas of the establishment, the employee is not exempt. Statutory/Other Authority: ORS 651.060(4) & 652 Statutes/Other Implemented: ORS 652.020 History: BLI 13-1999, f. 9-28-99, cert. ef. 10-23-99 BL 8-1990, f. & cert. ef. 5-11-90
839-001-0140 Determination of the Day; Failure to Make Determination for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments (1) The employer shall establish the beginning time and the ending time of the day to be used by the employer for purposes of complying with these rules. (2) Once established, the beginning time of the day shall not be changed unless the change is intended to be permanent and is not designed to circumvent the provisions of ORS 652.020. (3) If the employer fails to establish the beginning and ending times of day as provided for in section (1) of this rule, the Bureau shall consider the day to begin at the time the individual employee commences work and to end 24 consecutive hours after the work began. Statutory/Other Authority: ORS 651.060(4) & 652 Statutes/Other Implemented: ORS 652.020 History: BL 8-1990, f. & cert. ef. 5-11-90
839-001-0143 Failure to Establish a Workweek If an employer fails to establish the beginning day of the workweek as provided for in ORS 652.020(1)(b) and OAR 839-001-0100(19), the Bureau shall consider the workweek to begin on the day the individual commences work and to end seven consecutive days after the work began, for the period of time in which the employer failed to establish a workweek. Statutory/Other Authority: ORS 651.060(4) & 652 Statutes/Other Implemented: ORS 652.020 History: BLI 8-2017, amend filed 12/27/2017, effective 01/01/2018 BL 8-1990, f. & cert. ef. 5-11-90
839-001-0145 Determination of Employees "Employed in" a Named Establishment for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments As used in ORS 652.020, the term “employed in” refers to employees who are actually employed in the mill, factory or manufacturing establishment. Employees who are employed by the same employer but not employed to perform duties in a mill, factory, or manufacturing establishment are not covered by ORS 652.020 because they are not “employed in” the establishment. Statutory/Other Authority: ORS 651.060(4) & 652 Statutes/Other Implemented: ORS 652.020 & OL Ch. 685 (2017) History: BLI 8-2017, amend filed 12/27/2017, effective 01/01/2018 Bl 8-1990, f. & cert. ef. 5-11-90
839-001-0147 Employee's Written Consent to Work up to 60 Hours in a Workweek (1) Pursuant to ORS 652.020(2), an employer is prohibited from requiring or permitting an employee to work over 55 hours in one workweek except that the employer may permit an employee to work up to 60 hours in one workweek if the employee requests or consents in writing to work more than 55 hours in one workweek. (2) Employers must obtain written consent or a written request from employees prior to permitting employees to work in excess of 55 hours in one workweek. (3) The employer must retain and keep available to the commissioner a copy of each employee’s written consent or written request during the period for which the written consent or written request is in effect and for no less than one year thereafter. (4) The commissioner shall create a template for the written consent that employers may, but are not required to, use to document the employee’s written consent and withdrawal of consent. (5) The employee must inform the employer of the employee's withdrawal of consent in writing, seven (7) calendar days prior to the start of the workweek in which the employee no longer consents to work over 55 hours in the workweek. Statutory/Other Authority: ORS 651.060(4), ORS chapter 652 & OL Ch. 685 (2017) Statutes/Other Implemented: ORS chapter 652 & OL Ch. 685 (2017) History: BLI 8-2017, adopt filed 12/27/2017, effective 01/01/2018
839-001-0150 Civil Penalties for Violation of ORS 652.020, Maximum Working Hours in Mills, Factories and Manufacturing Establishments: Overtime Hours and Pay As used in ORS 652.020, 652.900 and OAR 839-001-0150 to 839-001-0160: (1) "Violation" means a transgression of any statute or rule, or any part thereof and includes both acts and omissions. (2) "Knowingly" or "Willfully" means action undertaken with actual knowledge of a thing to be done or omitted. A person "should have known the thing to be done or omitted" if the person has knowledge of facts or circumstances which, with reasonably diligent inquiry, would place the person on notice of the thing to be done or omitted to be done. Statutory/Other Authority: ORS 651.060(4) & 652 Statutes/Other Implemented: ORS 652.020 History: BLI 37-2007, f. 12-28-07, cert. ef. 1-1-08 BL 8-1990, f. & cert. ef. 5-11-90
839-001-0153 Violations Separate and Distinct Each violation of ORS 652.020 or any rule adopted pursuant thereto is a separate and distinct offense. In the case of continuing violations, each day's continuance is a separate and distinct violation. Statutory/Other Authority: ORS 651.060(4) & 652 Statutes/Other Implemented: ORS 652.020 History: BLI 37-2007, f. 12-28-07, cert. ef. 1-1-08 BL 8-1990, f. & cert. ef. 5-11-90
839-001-0155 Violations of ORS 652.020 for Which a Civil Penalty May Be Imposed (1) Pursuant to ORS 652.900, the commissioner may assess a civil penalty for violations of ORS 652.020 or of these rules as follows: (a) Failure to pay employees subject to ORS 652.020 time and one-half their regular rate of pay for all hours worked over ten in any day of 24 hours; (b) Permitting any agent of the employer to require or permit employees to work over ten hours in any day of 24 hours when the employees are not paid time and one-half their regular rate of pay for such hours worked over ten in a day; (c) Requiring or permitting an employee subject to ORS 652.020 to work more than 13 hours in any day of 24 hours; (d) Permitting any agent of the employer to require or permit employees to work more than 13 hours in any day of 24 hours; (e) Requiring or permitting an employee subject to ORS 652.020 to work more hours than permitted under ORS 652.020(2)(a), (b), or (c); (f) Requiring or permitting an employee subject to ORS 652.020 to work more than 55 hours in any one workweek without obtaining the employee’s request or consent in writing, in violation of ORS 652.020(2)(b) or (4)(b); (g) Permitting an employee subject to ORS 652.020 to work up to the maximum hours permitted by ORS 652.020(2)(c) when the employer is not eligible for an undue hardship exemption; (h) Failure to make available to the commissioner, upon request, a copy of an employee’s written request or consent as required by OAR 839-001-0147(3) and OAR 839-001-0148(5); (i) Failure to provide notice of the undue hardship period to the commissioner within seven (7) calendar days of the date on which the undue hardship period began; or (j) Requiring or permitting an employee subject to ORS 652.020 to begin a work shift less than 10 hours after the end of the employee’s previous work shift if the employee’s previous work shift totaled eight (8) or more hours, unless the employer requires the employee to work additional hours due to the disruptions in business operations caused by a power outage, major equipment breakdown, severe weather or similar emergency outside the employer's control. (2) As provided in ORS 652.020(9)(a), notwithstanding ORS 652.900, the commissioner may assess a civil penalty against an employer that has coerced an employee into consenting to work more than 55 hours in one workweek. For the purpose of this rule, an employer will be considered to have coerced an employee into consenting to work more than 55 hours in one workweek under the following circumstances: (a) The employer requires an employee to consent in writing to work more than 55 hours per workweek; (b) The employer requires an employee to consent to work more than 55 hours per workweek as a condition of employment at the time of hire; or (c) The employer requests or requires any person, including another employee, to require an employee to consent in writing to work more than 55 hours per workweek. Statutory/Other Authority: ORS 651.060(4) & 652 Statutes/Other Implemented: ORS 652.900 & OL Ch. 685 (2017) History: BLI 8-2017, amend filed 12/27/2017, effective 01/01/2018 Bl 8-1990, f. & cert. ef. 5-11-90
839-001-0160 Schedule of Civil Penalties for Violations of ORS 652.020 (1) Except as provided in section (4) of this rule, the civil penalty for any one violation of ORS 652.020 or any rule adopted pursuant thereto shall not exceed $1,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances. (2) When the commissioner determines to assess a civil penalty for requiring or permitting an employee to work over ten hours in a day when the employee is not paid time and one-half the regular rate of pay in violation of ORS 652.020, the minimum civil penalty to be assessed shall be $50 per day for each employee affected. For example, when the employer or an employer's agent requires or permits five employees to work over ten hours in a day for four days without paying the employees time and one-half their regular rate of pay for the hours worked over ten in a day, the minimum civil penalty to be assessed shall be $1,000 (5 employees x 4 days x $50 per day per employee = $1,000). (3) When the commissioner determines to assess a civil penalty for requiring or permitting an employee to work more than 13 hours in any day of 24 hours, the minimum civil penalty shall be $500 per day for the first offense. For example, when an employer or an employer's agent requires or permits any number of employees to work over 13 hours in a day for four days, the minimum civil penalty shall be $2,000 (4 days x $500/day = $2,000). When the commissioner determines to assess a civil penalty for subsequent offenses, the commissioner may assess up to $1,000 for each such offense. (4) When the commissioner determines that an employer has violated ORS 652.020 by coercing an employee into consenting to work more than 55 hours in one workweek, the civil penalty shall not exceed: (a) $2,000 for any one violation if the employer coerced an employee to work more than 55 hours per workweek under ORS 652.0250(2)(b); or (b) $3,000 for any one violation if the employer coerced an employee to work more than 55 hours per workweek during a period of undue hardship under ORS 652.020(4)(b). (5) The civil penalties set out in sections (2), (3) and (4) of this rule shall be in addition to any other penalty imposed by law or rule. (6) The civil penalty for all other violations shall be set in accordance with the determinations and considerations referred to in OAR 839-001-0496. Statutory/Other Authority: ORS 651.060(4) & 652 Statutes/Other Implemented: ORS 652.900 & OL Ch. 685 (2017) History: BLI 8-2017, amend filed 12/27/2017, effective 01/01/2018 BLI 37-2007, f. 12-28-07, cert. ef. 1-1-08 BL 8-1990, f. & cert. ef. 5-11-90
839-001-0200 Deductions for Garnishment Processing Fee (1) If a garnishee that employs a debtor is required to make any payment under a writ of garnishment by reason of wages payable to the debtor, the garnishee may collect a processing fee as provided pursuant to ORS 18.736 for each week of wages, or fraction of a week of wages, for which a payment is made under the provisions of 18.735. The processing fee must be collected after the last payment is made under the writ. The fee shall be withheld from the wages of the debtor, and is in addition to the amounts withheld for payment to the garnishor under the writ or under any other writ delivered to the garnishee. (2) The fee provided for in this section may not be collected if withholding of the fee would reduce the debtor's net disposable income below the minimum amount prescribed by ORS 18.385. Statutory/Other Authority: ORS 651.060(4), 652, 653 & HB 3544 (2003 OL) Statutes/Other Implemented: ORS 18.838, 652.150 & 653.261(1) History: BLI 22-2010, f. 12-30-10, cert. ef. 1-1-11 BLI 7-2003, f. 12-31-03, cert. ef. 1-1-04