839-014-0035 Definitions for Regulations Pertaining to Farmworker Camp Operations As used in ORS 658.705 to 658.850, and in these rules unless the context requires otherwise: (1) “Applicant” means an individual who proposes to operate a farmworker camp and who is applying for a camp operator indorsement. (2) “Bureau” means the Bureau of Labor and Industries. (3) “Commissioner” means the Commissioner of the Bureau of Labor and Industries or designee. (4) “Director” means the Director of the Department of Consumer and Business Services. (5) “Division” means the Oregon Occupational Safety and Health Division. (6) “Farm labor contractor” has the same meaning as that provided in ORS 658.405 and the rules adopted thereunder. (7) “Farm-worker camp” means any place or area of land where sleeping places, mobile home sites or other housing is provided by a farmer, farm labor contractor, employer or any other person in connection with the recruitment or employment of workers to work in the production and harvesting of farm crops or in the reforestation of lands, as described in ORS 658.405. “Farm-worker camp” does not include: (a) A single, isolated dwelling occupied solely by members of the same family, or by five or fewer unrelated individuals; or (b) A hotel or motel which provides housing with the same characteristics on a commercial basis to the general public on the same terms and conditions as housing is provided to such workers. (8) “Farm-worker camp operator,” except as otherwise provided in these rules, means any person who operates a farmworker camp and who is required to obtain a farm labor contractor license with an indorsement as provided in ORS 658.730. In determining who is a farmworker camp operator, the Bureau will consider the farm worker camp operator to be the person who, as a practical matter, exercises the ultimate right to determine terms and conditions of occupancy of the camp and who controls its maintenance and operation. (9) “Forestation or reforestation of lands” includes, but is not limited to: (a) The planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings; (b) The clearing, piling and disposal of brush and slash; and (c) Other activities related to the forestation or reforestation of lands, including, but not limited to, tree shading, pinning, tagging, or staking; fire trail construction and maintenance; slash burning and mop up; mulching of tree seedlings; and any activity related to the growth of trees and tree seedlings and the disposal of debris from the land. (10) “Indorsee” means a farm labor contractor licensed under ORS 658.410 who has obtained a camp indorsement. (11) “Production and harvesting of farm products” includes, but is not limited to, the cultivation and tillage of the soil, the production, cultivation, growing and harvesting or any agricultural commodity and the preparation for and delivery to market of any such commodity. (12) “Substantial ownership interest in real property” means at least a thirty percent share of the interest in the property. (13) “Violation” means a transgression of any statute or rule, or any part thereof and includes both acts and omissions. (14) “Worker” has the same meaning as that which appears in OAR 839-015-0004(13). Statutory/Other Authority: ORS 164, 165, 651, 658 & 962 Statutes/Other Implemented: ORS 658.705 - 658.850 History: BL 1-1996, f. & cert. ef. 1-9-96 BL 2-1990, f. & cert. ef. 3-1-90