justicedao/ipfs_state_laws huggingface dataset:
839-020-0410 Determination of the Day; Failure to Make Determination (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 ORS 653.265 and 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 653.265. (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: OL Ch. 685 (2017) & ORS 651 Statutes/Other Implemented: OL Ch. 685 (2017) & ORS 653 History: BLI 8-2017, adopt filed 12/27/2017, effective 01/01/2018
839-020-0415 Failure to Establish a Workweek If an employer fails to establish the beginning day of the workweek as provided for in ORS 653.265(1)(c), the Bureau shall consider the workweek to begin on the day the individual employee commences work and to end seven (7) consecutive days after the work began, for the period of time in which the employer failed to establish a workweek. Statutory/Other Authority: OL Ch. 685 (2017) & ORS 651 Statutes/Other Implemented: OL Ch. 685 (2017) & ORS 653 History: BLI 8-2017, adopt filed 12/27/2017, effective 01/01/2018
839-020-0417 Employee's Written Consent to Work up to 60 Hours in a Workweek (1) Pursuant to ORS 653.265(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 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 request or consent 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: OL Ch. 685 (2017) & ORS 651 Statutes/Other Implemented: OL Ch. 685 (2017) & ORS 653 History: BLI 8-2017, adopt filed 12/27/2017, effective 01/01/2018
839-020-1000 Violations Separate and Distinct Each violation 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 653.040 Statutes/Other Implemented: Ch. 314 & 1997 OL History: BL 9-1997, f. & cert. ef. 11-13-97
839-020-1020 Criteria for Determining a Civil Penalty (1) The commissioner may consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be assessed and cite those the commissioner finds to be appropriate: (a) The history of the employer in taking all necessary measures to prevent or correct violations of statutes or rules; (b) Prior violations, if any, of statutes or rules; (c) The magnitude and seriousness of the violation; (d) Whether the employer knew or should have known of the violation; (e) The opportunity and degree of difficulty to comply; (f) Whether the employers’ action or inaction has resulted in the loss of a substantive right of an employee. (2) It shall be the responsibility of the employer to provide the commissioner any mitigating evidence concerning the amount of the civil penalty to be assessed. (3) Notwithstanding any other section of this rule, the commissioner shall consider all mitigating circumstances presented by the employer for the purpose of reducing the amount of the civil penalty to be assessed. Statutory/Other Authority: ORS 653.040 Statutes/Other Implemented: Ch. 314 & 1997 OL History: BL 9-1997, f. & cert. ef. 11-13-97
839-021-0006 Definitions for ORS 653.305 to 653.370 and OAR 839-021-0001 to 839-021-0500 As used in ORS 653.305 to 653.370 and in OAR 839-021-0001 to 839-021-0500, unless the context requires otherwise: (1) "Agriculture" includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, fur-bearing animals, or poultry and any practices performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. "Agricultural employment" is employment in "Agriculture" as herein defined. (2) "Bureau" means Bureau of Labor and Industries of the State of Oregon. (3) "Commissioner" means the Commissioner of the Bureau of Labor and Industries or designee. (4) "Employ" has the meaning given that term in ORS 653.010. (5) "Employer" has the meaning given that term in ORS 653.010. (6) "Employment Certificate" means the employment certificate issued to employers for the employment of minors pursuant to ORS 653.307, and the employment permit referred to in ORS chapter 653 and the rules adopted thereunder. (7) "Harvest Season" means a period of time during which the crop or crops of the agricultural employer for whom a minor is employed are harvested. Work performed during the harvest season includes work in connection with the gathering of the crop but does not include cultivation and tillage of the soil or cultivation and growing of agricultural commodities. (8) "Minor" means any person under 18 years of age. (9) "Workday" means any fixed period of 24 consecutive hours. (10) "Workweek" means any fixed and regularly recurring period of seven consecutive workdays. Statutory/Other Authority: ORS 651.060 & ORS 653.261 Statutes/Other Implemented: ORS 653.370 History: BLI 18-2024, amend filed 08/02/2024, effective 08/03/2024 BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 3-1995, f. 9-8-95, cert. ef. 9-9-95 BL 11-1991, f. & cert. ef. 10-31-91 BL 6-1988, f. & cert. ef. 4-12-88
839-021-0067 Hours of Employment for Minors 16 and 17 Years of Age (1) An employer may not employ a 16- or 17-year-old to work more than 44 hours per week except those employed in organized youth camps or those employed in agricultural employment. (2) An employer who wishes to employ a 16- or 17-year-old to work more than 44 hours per week must first obtain a Special Emergency Overtime Permit from the Bureau. This permit will not be issued unless: (a) The number of hours does not exceed those provided by statute; and (b) When the minor is not otherwise exempt from the overtime pay provisions of any law, the minor receives one- and one-half times the regular rate of pay for all hours worked over 40 in a workweek and other overtime where it applies. (3) The maximum number of hours for a 16- or 17-year-old employed in a cannery is ten hours per day. (4) An employer who wishes to employ a 16- or 17-year-old in a cannery for time in excess of ten hours per day, but no more than 55 hours in a week, may apply in writing to the Bureau . (a) The employer must set out the full and complete circumstances of the proposed employment in the written application. (b) The Bureau will investigate the terms and conditions of the proposed employment. (c) If the Bureau determines that the character of the employment is suitable, that the employment will not adversely affect the well-being of the minor, and that the hour limitation creates an adverse effect on the opportunities of the minor, the Bureau will issue a Special Emergency Overtime Permit to the employer. (d) If, the Bureau determines that the character of the employment is unsuitable, that the employment will adversely affect the well-being of the minor or that there is no adverse effect on the employment opportunities of the minor, the Bureau will refuse to issue a Special Emergency Overtime Permit. Statutory/Other Authority: ORS 651.060, ORS 653.040, ORS 653.261, ORS 653.305, ORS 653.307 & ORS 653.400 Statutes/Other Implemented: ORS 653.261 & ORS 653.305 History: BLI 1-2024, amend filed 01/04/2024, effective 01/04/2024 BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 3-1995, f. 9-8-95, cert. ef. 9-9-95 BL 11-1991, f. & cert. ef. 10-31-91 BL 11-1990, f. 8-16-90, cert. ef. 9-1-90 BL 6-1988, f. & cert. ef. 4-12-88 BL 4-1982, f. & ef. 3-5-82 BL 11-1981(Temp), f. & ef. 10-30-81 BL 12-1979, f. & ef. 9-6-79 BL 5-1979(Temp), f. & ef. 5-16-79 BL 3-1979(Temp), f. & ef. 3-21-79 BL 142, f. 6-28-73, ef. 7-15-73
839-021-0072 Rest Periods and Meal Periods (1) Every employer must provide to each minor employee a meal period of not less than 30 continuous minutes in the manner prescribed by OAR 839-020-0050. However, the exemption provided for by OAR 839-020-0050(3) does not apply to minor employees under the age of 16. (2) Every employer must provide each minor employee a rest period of not less than 15 minutes in the manner prescribed by OAR 839-020-0050. Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BLI 4-1998, f. & cert. ef. 3-5-98 BL 6-1988, f. & cert. ef. 4-12-88 BL 13-1979, f. & ef. 9-6-79 BL 142, f. 6-28-73, ef. 7-15-73
839-021-0092 Weight Lifting No minor shall be required to lift excessive weights. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.305 History: BL 6-1987, f. & ef. 3-19-87 BL 2-1987, f. & ef. 1-16-87 BL 142, f. 6-28-73, ef. 7-15-73
839-021-0097 Prohibited Employment for Minors under 16 Years of Age (1) No minor under 16 years of age: (a) May be employed in an occupation or type of work declared hazardous by the Bureau (see OAR 839-021-0102); (b) May be assigned any duties in connection with an organized youth camp prior to 6 a.m. or after 10 p.m., or more than eight hours per day; (c) May be employed to act as a canvasser, peddler or "outside salesperson" as defined in ORS 653.010(7), from house to house. (2) Except as provided in subsection (3) of this section, no minor may be employed at any work on or around any unenclosed commercial wharves or docks or in any unenclosed buildings extending over water, unless: (a) There is located at the site of the work and conspicuously displayed at such site adequate safety equipment including, but not limited to: (A) For every 30 linear feet of unenclosed area no less than one Type IV personal flotation device containing 16.5 pounds of buoyancy and one polypropylene line no less than 30 feet in length attached thereto; (B) No less than one pole of not less than ten feet in length with a blunt hook attached thereto; and (b) The minors so employed have been adequately instructed in the use of such equipment; (c) There is provision made that no minor employee ever be required to work out of sight and hearing of another employee; and (d) There is located at the site of the work and conspicuously displayed an alarm device adequate to alert all employees on the job site to the existence of a perilous situation. (3) Minors may not be employed on or around fishing vessels except under the following conditions: (a) Minors of 16 and 17 years of age may be employed as assistants on chartered fishing or pleasure boats; (b) Minors of 14 and 15 years of age may be employed at dock areas used by chartered fishing or pleasure boats; and (c) Minors may be employed on commercial fishing vessels without an employment certificate when employed and supervised by the minors' grandfather, grandmother, father, mother, brother, sister, uncle, or aunt. Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 3-1995, f. 9-8-95, cert. ef. 9-9-95 BL 6-1988, f. & cert. ef. 4-12-88 BL 1-1985, f. 2-21-85, ef. 3-1-85 BL 2-1979, f. & ef. 2-13-79 BL 14-1978, f. 12-13-78, ef. 1-17-79 BL 11-1978(Temp), f. 9-18-78, ef. 9-19-78 BL 185, f. 1-30-76, ef. 2-1-76 BL 142, f. 6-28-73, ef. 7-15-73
839-021-0104 Occupations Particularly Hazardous or Detrimental to the Health or Well-Being of Minors Under the Age of 18 (1) Except as provided in OAR 839-021-0285, an employer may not employ a minor under 18 years of age in any occupation declared particularly hazardous or detrimental to their health or well-being, except under terms and conditions specifically set forth by rules of the Bureau. (2) Those occupations set out in Title 29 CFR, Part 570.51 to and including Part 570.68 as amended July 19, 2010 are hereby adopted as occupations particularly hazardous or detrimental to the health and well-being of minors 16 and 17 years of age and the regulations pertaining to these occupations set out in Title 29 CFR, Part 570.51 to and including Part 570.68 as amended July 19, 2010 are hereby adopted and incorporated by reference herein and are attached as Appendix 1. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 19-2010, f. 9-28-10, cert. ef. 10-1-10 BLI 17-2006, f. 5-12-06, cert. ef. 5-15-06 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BLI 3-1999, f. & cert. ef. 6-16-99 BL 6-1988, f. & cert. ef. 4-12-88 BL 182, f. & ef. 11-14-75
839-021-0106 Occupations Involving Use of Explosives (1) In addition to the provisions of Title 29 CFR, Part 570.51 (Hazardous Occupations Order 1) pertaining to occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components, no minor under the age of 18 may be employed in any occupation where explosive materials are manufactured, stored, or used, except in those occupations specified in subparagraphs (2) and (3) of this rule. (2) This rule does not apply to the employment of minors in the following occupations: (a) Occupations in retail establishments including the storage of ammunition in gunshops, sporting goods stores, building supplies and hardware stores, retail fireworks stands, and other retail establishments; (b) Occupations in gun clubs, trap and skeet ranges, turkey shoots, certain armories, police stations, and other such areas where only small arms ammunition is being stored; and (c) Occupations performed in a “nonexplosives area” as defined in subparagraph (3) below. (3) An area meeting the following criteria shall be deemed a nonexplosives area: (a) None of the work performed in the area involves the handling or use of explosives; (b) The area is separated from the explosives area by a distance not less than that prescribed in the American Table of Distances for the protection of inhabited buildings; (c) The area is separated from the explosives area by a fence or is otherwise located so that it constitutes a definite designated area; and (d) Satisfactory controls have been established to prevent employees under 18 years of age within the area from entering any area which does not meet criteria (a) through (c). Statutory/Other Authority: ORS 653.305 & 653.525 Statutes/Other Implemented: ORS 653.305 & 653.525 History: BLI 1-2005, f. & cert. ef. 1-3-05
839-021-0170 General Recordkeeping Requirements (1) Every employer employing minors must maintain and preserve records containing the following information and data with respect to each minor employed: (a) Name in full, as used for social security recordkeeping purposes and on the same record, the minor's identifying symbol or number if such is used in place of name on any time, work or payroll records; (b) Home address, including zip code; (c) Date of birth; (d) Sex and occupation in which the minor is employed (sex may be indicated by use of the prefixes Mr., Mrs., Miss or Ms.); (e) Time of day and day of week on which the minor's workweek begins; (f) Hours worked each workday and total hours worked each workweek; (g) Date the minor became employed by the employer and date employment was terminated. (2) In addition to the records referred to in section (1) of this rule, every employer employing minors under 16 years of age must maintain and preserve records containing the following information and data with respect to each minor under 16 years of age employed: (a) The time of day that each minor began working and the time of day that each minor stopped working; (b) A schedule of the maximum number of hours to be worked each day and each week by each minor. (3) The records required to be maintained and preserved in sections (1) and (2) of this rule are required in addition to and not in lieu of any other recordkeeping requirement contained in OAR 839-021-0001 to 839-021-0500. However, when one record will satisfy the requirements of more than one rule, only one record will be required. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.307 History: BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 6-1988, f. & cert. ef. 4-12-88
839-021-0175 Records Availability (1) All records required to be preserved and maintained by OAR 839-021-0001 to 839-021-0500 shall be preserved and maintained for a period of at least two years. (2) All employers shall keep the records required by OAR 839-021-0001 to 839-021-0500 in a safe and accessible place. (3) All records required to be preserved and maintained by OAR 839-021-0001 to 839-021-0500 shall be made available for inspections and transcription by the Bureau. Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BL 6-1988, f. & cert. ef. 4-12-88
839-021-0180 Posting Requirements (1) Every employer required to maintain a schedule of the maximum hours of work by minors under 16 years of age (see OAR 839-021-0170(2)(b)), must post the schedule in a conspicuous place where all such minors have easy access to it. (2) Every notice required by any law or rule to be posted at the employer's place of business and that has applicability to the employment of minor employees must be displayed in a conspicuous place where all minors have easy access to them. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.315(4) History: BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 6-1988, f. & cert. ef. 4-12-88
839-021-0185 Verification of Age Requirements (1) The employer must verify the age of all minors by requiring the minor to produce an acceptable proof of age document. (2) As used in these rules, an acceptable proof of age document includes, but is not limited to: (a) A birth certificate issued by any state, county, or municipal authority; (b) A hospital record of birth; (c) A state-issued driver's license or a state-issued I.D. card with a photograph, or information, including date of birth; (d) A U.S. Military Card; (e) A U.S. Passport; (f) A Certificate of U.S. Citizenship; (g) A Certificate of Naturalization; (h) An unexpired foreign passport with attached Employment Authorization; (i) An Alien Registration Card with photograph; (j) A Social Security Administration record indicating date of birth; (k) A Certificate of Age issued by the U.S. Department of Labor; (l) A baptismal record; (m) Other acceptable proof approved by the bureau. (3) The employer must retain a record of the document used to verify the minor's age pursuant to the provisions of OAR 839-021-0170 and 839-021-0175. A notation in the minor's personnel file of which document was used to verify the minor's age or retaining a copy of the document will satisfy this requirement. Statutory/Other Authority: ORS 653.305 & 653.525 Statutes/Other Implemented: ORS 653.307 History: BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 3-1995, f. 9-8-95, cert. ef. 9-9-95
839-021-0221 Required Information for Employment Certificate Applications; Provision of Summaries of Child Labor Laws and Rules by Bureau; Notice of Change (to Annual Employment Certificate) Forms (1) The application form for an employment certificate must include: (a) The name and address of the employer; (b) The name and address of the company representative completing the application form; (c) An estimate of the number of minors to be employed during the twelve month period covered by the application; (d) A description of the duties to be performed by the minor(s); (e) A description of the machinery or other equipment to be used by the minor(s); (f) Whether 14 and 15 year-old minors are to be employed. (2) The "Notice of Change (to Annual Employment Certificate)" must include: (a) The name and address of the employer; (b) The name and address of the company representative completing the notice; (c) A description of the change in duties previously authorized; (d) A description of any machinery or equipment to be used by any minor; (e) Any address change(s) or additional establishments where minors are proposed to be employed. As used in this rule, "establishment" has the same meaning as defined in OAR 839-021-0220(3). (3) The Renewal Application for an employment certificate must include: (a) The name and address of the employer; (b) The name and address of the company representative completing the application; (c) The actual number of minors employed during the preceding 12 month period; (d) An estimate of the number of minors to be employed during the 12-month period covered by the application; (e) A description of the duties to be performed and the machinery and equipment to be used if different from the previous year or if there are no changes in duties, a statement to that effect; (f) Any address change(s) or additional establishments where minors are proposed to be employed. (4) The Bureau will send a summary of the child labor laws and rules to all employers applying for an employment certificate. (5) The Bureau will provide upon request a "Notice of Change (to Annual Employment Certificate)” form with an explanation of its use. Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BLI 4-1998, f. & cert. ef. 3-5-98 BL 3-1995, f. 9-8-95, cert. ef. 9-9-95
839-021-0248 Reports from Employers Employing Minors Employers employing minors shall file reports that may be required by the Bureau. Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BL 6-1988, f. & cert. ef. 4-12-88