reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.315 - Persons in charge of work to see that ORS 654.305 to 654.336 are complied with.

The owners, contractors, subcontractors, foremen, architects or other persons having charge of the particular work, shall see that the requirements of ORS 654.305 to 654.336 are complied with.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.325 - Who may prosecute damage action for death; damages unlimited.

If there is any loss of life by reason of violations of ORS 654.305 to 654.336 by any owner, contractor or subcontractor or any person liable under ORS 654.305 to 654.336, the surviving spouse and children and adopted children of the person so killed and, if none, then the lineal heirs of that person and, if none, then the mother or father, as the case may be, shall have a right of action without any limit as to the amount of damages which may be awarded. If none of the persons entitled to maintain such action reside within the state, the executor or administrator of the deceased person may maintain such action for their respective benefits and in the order above named.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.330 - Fellow servant negligence as defense.

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.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.400 - Use of title of industrial hygienist, occupational health and safety technologist, construction health and safety technician or safety professional; cause of action.

(1) No person may purport to be:
(a) A certified industrial hygienist or use the initials CIH unless the person holds a current certification as an industrial hygienist from the American Board of Industrial Hygiene.
(b) An industrial hygienist in training or use the initials IHIT unless the person holds a current designation as an industrial hygienist in training from the American Board of Industrial Hygiene.
(c) A certified occupational health and safety technologist or use the initials OHST unless the person holds a current certification as an occupational health and safety technologist from the American Board of Industrial Hygiene or the Board of Certified Safety Professionals.
(d) A certified construction health and safety technician or use the initials CHST unless the person holds a current certification as a construction health and safety technician from the American Board of Industrial Hygiene or the Board of Certified Safety Professionals.
(e) A certified safety professional or use the initials CSP unless the person holds a current designation as a certified safety professional from the Board of Certified Safety Professionals.
(f) An associate safety professional or use the initials ASP unless the person holds a current designation as an associate safety professional from the Board of Certified Safety Professionals.
(2) The American Board of Industrial Hygiene, the Board of Certified Safety Professionals or a person lawfully practicing a profession listed in subsection (1) of this section may bring a private cause of action in the appropriate court to recover damages up to $1,000 against any person who violates subsection (1) of this section. The court may provide such equitable relief as it deems necessary or proper. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1999 c.478 §1]
Note:
654.400 and 654.402 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 654 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.402 - Activities permitted under other designation, certification or license.

ORS 654.400 does not prevent a person legally regulated in this state under any other licensing provisions, rules or regulations from engaging in the activities permitted under that designation, certification or license provided that the person does not use the titles or initials specified in ORS 654.400. [1999 c.478 §2]
Note:
See note under 654.400.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.412 - Definitions for ORS 654.412 to 654.423.

As used in ORS 654.412 to 654.423:
(1) "Assault" means intentionally, knowingly or recklessly causing physical injury.
(2) "Energy generating device" means a tool that performs a surgical function using heat, laser, electricity or other form of energy.
(3) "Health care employer" means:
(a) An ambulatory surgical center as defined in ORS 442.015.
(b) A hospital as defined in ORS 442.015.
(4) "Home health care services" means items or services furnished to a patient by an employee of a health care employer in a place of temporary or permanent residence used as the patient’s home.
(5) "Smoke evacuation system" means equipment that effectively captures or neutralizes surgical smoke before the smoke makes contact with the eyes or the respiratory tract of the occupants of a room.
(6) "Surgical smoke" means the by-product that results from contact with tissue by an energy generating device. [2007 c.397 §2; 2021 c.362 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.413 - Required policies regarding surgical smoke.

(1) A health care employer shall adopt policies that require the use of a smoke evacuation system during any surgical procedure that is likely to generate surgical smoke. The hospital or ambulatory surgical center may select any smoke evacuation system that accounts for surgical techniques and procedures vital to patient safety.
(2) The Occupational Safety and Health Division of the Department of Consumer and Business Services shall ensure compliance with this section during any on-site inspection. [2021 c.362 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.416 - Required records of assaults against employees; contents; summary report; rules.

(1) A health care employer shall maintain a record of assaults committed against employees that occur on the premises of the health care employer or in the home of a patient receiving home health care services. The record shall include, but need not be limited to, the following:
(a) The name and address of the premises on which each assault occurred;
(b) The date, time and specific location where the assault occurred;
(c) The name, job title and department or ward assignment of the employee who was assaulted;
(d) A description of the person who committed the assault as a patient, visitor, employee or other category;
(e) A description of the assaultive behavior as:
(A) An assault with mild soreness, surface abrasions, scratches or small bruises;
(B) An assault with major soreness, cuts or large bruises;
(C) An assault with severe lacerations, a bone fracture or a head injury; or
(D) An assault with loss of limb or death;
(f) An identification of the physical injury;
(g) A description of any weapon used;
(h) The number of employees, including nursing staff as defined in ORS 441.179, in the immediate area of the assault when it occurred; and
(i) A description of actions taken by the employees and the health care employer in response to the assault.
(2) A health care employer shall maintain the record of assaults described in subsection (1) of this section for no fewer than five years following a reported assault.
(3)(a) Upon the request of an employee or of a workplace safety committee conducting a review pursuant to ORS 654.414, the health care employer shall generate and make available to the requesting party a report summarizing:
(A) The information in the record required under subsection (1) of this section; and
(B) Information regarding work-related injuries and illnesses recorded by the health care employer to comply with applicable federal health and safety recordkeeping requirements.
(b) A report made available under this subsection:
(A) May not include any personally identifiable information; and
(B) May be used only for the purposes of conducting a review of the assault prevention and protection program under ORS 654.414 or for other purposes that are related to improving the program.
(4) The Director of the Department of Consumer and Business Services shall adopt by rule a common recording form for the purposes of this section. [2007 c.397 §4; 2019 c.350 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.418 - Protection of employee of health care employer after assault by patient.

If a health care employer directs an employee who has been assaulted by a patient on the premises of the health care employer to provide further treatment to the patient, the employee may request that a second employee accompany the employee when treating the patient. If the health care employer declines the employee’s request, the health care employer may not require the employee to treat the patient. [2007 c.397 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.421 - Refusal to treat certain patients by home health care employee.

(1) An employee who provides home health care services may refuse to treat a patient unless accompanied by a second employee if, based on the patient’s past behavior or physical or mental condition, the employee believes that the patient may assault the employee.
(2) An employee who provides home health care services may refuse to treat a patient unless the employee is equipped with a communication device that allows the employee to transmit one-way or two-way messages indicating that the employee is being assaulted. [2007 c.397 §6]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.423 - Use of physical force by health care employee in self-defense against assault.

(1) A health care employer may not impose sanctions against an employee who used physical force in self-defense against an assault if the health care employer finds that the employee:
(a) Was acting in self-defense in response to the use or imminent use of physical force;
(b) Used an amount of physical force that was reasonably necessary to protect the employee or a third person from assault; and
(c) Used the least restrictive procedures necessary under the circumstances, in accordance with an approved behavior management plan, or other methods of response approved by the health care employer.
(2) As used in this section, "self-defense" means the use of physical force upon another person in self-defense or to defend a third person. [2007 c.397 §7]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.715 - Report of accidents to Public Utility Commission; investigation; supplemental reports; rules.

(1) Every public utility and telecommunications utility shall give immediate notice by telegraph, telephone or personally, to the Public Utility Commission whenever any accident occurs within this state upon its premises, or directly or indirectly arises from or is connected with its maintenance or operation, if the accident is attended by loss of human life or limb or serious injury to person or property.
(2) The Public Utility Commission may, if the commission deems the public interest requires it, investigate each such accident forthwith, after giving the public utility or telecommunications utility involved reasonable notice of the time and place of such investigation.
(3) The Public Utility Commission may adopt and amend rules and regulations governing the form and content of reports to the commission to enable the commission to ascertain relevant facts and circumstances attending such accident and the causes thereof. Whenever the original report is insufficient, in the opinion of the commission, the commission may require the public utility or telecommunications utility to file supplemental reports of accidents. [Amended by 1965 c.462 §2; 1987 c.447 §137; 1995 c.733 §48]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.720 - Public inspection or use of reports as evidence prohibited.

No report, or any part thereof, required by ORS 654.715, shall be open to public inspection or be used as evidence in any action for damages in any suit or action arising out of any matter mentioned in the report.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.750 - Definitions for ORS 654.750 to 654.780.

As used in this section and ORS 654.760, 654.770 and 654.780, unless the context requires otherwise:
(1) "Employee" means any individual, whether lawfully or unlawfully employed, who engages to furnish services for a remuneration, financial or otherwise, subject to the direction and control of an employer.
(2) "Employer" means any person engaged in agriculture who engages one or more employees.
(3) "Hazardous chemical" means any chemical which is a physical or health hazard.
(4) "Health hazard" means a chemical for which there is statistically significant evidence, based on at least one study conducted in accordance with established scientific principles, that acute or chronic health effects may occur in exposed employees. The term "health hazard" includes chemicals which are carcinogenic, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes or mucous membranes.
(5) "Physical hazard" means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable or water-reactive compound. [1987 c.832 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.760 - Rules on hazardous chemicals, safety equipment and training.

The Department of Consumer and Business Services shall adopt rules that require employers in agriculture to:
(1) Provide adequate information to all of their employees about hazardous chemicals in use in the workplace and to which employees may reasonably be expected to be exposed;
(2) Provide protective safety equipment determined by rule to be adequate; and
(3) Provide adequate training for employees mixing, loading, applying or otherwise handling hazardous chemicals. [1987 c.832 §3; 1999 c.232 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.770 - Basic information available to agricultural employers for employees; content; language.

The Department of Consumer and Business Services shall develop and make available basic information for agriculture employers to use in informing and training employees pursuant to ORS 654.780. The information shall include, but need not be limited to, proper personal hygiene, protective safety equipment, general safety rules, proper work clothing, employee rights with respect to this chapter and common symptoms of hazardous chemical exposure. The basic information shall be made available in English, Spanish and any other language determined necessary by the Director of the Department of Consumer and Business Services after consideration of any input received from stakeholders. [1987 c.832 §4; 2005 c.22 §460; 2011 c.352 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.780 - Providing basic information to employees.

Agriculture employers shall give all employees a copy of the basic information developed by the Department of Consumer and Business Services for the purpose of informing employees pursuant to ORS 654.770. The information shall be provided in the employee’s own language if the department has produced it in that language. The information shall be provided to persons at the time of hire. [1987 c.832 §5; 2005 c.22 §461]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.991 - Penalties.

(1) Subject to ORS 153.022, any employer who willfully violates any provision of, or any regulation, rule, standard or order promulgated pursuant to, ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780, and that violation is found to have caused or materially contributed to the death of any employee, shall, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than six months, or by both; except that if the conviction is for a violation committed after a first conviction of such person, punishment shall be by a fine of not more than $20,000 or by imprisonment for not more than one year, or by both. For the purposes of this subsection, a violation is willful if it is committed knowingly by an employer or supervisory employee who, having a free will or choice, intentionally or knowingly disobeys or recklessly disregards the requirements of a regulation, rule, standard or order. ORS 161.085 shall apply to terms used in this section.
(2) Any person who gives advance notice of any inspection to be conducted under ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780, without authority from the Director of the Department of Consumer and Business Services or the designees of the director, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both.
(3) Whoever knowingly makes a false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 shall, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than six months, or by both.
(4) Punishment under this section does not affect or lessen the civil liability of the offender. [1973 c.833 §38 (enacted in lieu of 654.990); 1977 c.455 §1; 1999 c.1051 §321]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 655 - Injured Trainees and Adults in Custody › Section 655.510 - Benefits for injuries in authorized employment; establishing injury claim; exclusive remedy.

(1) Every adult in custody shall receive benefits as provided in ORS 655.505 to 655.555 for injury sustained in an authorized work or occupational training assignment if the injury:
(a) Is proximately caused by or received in the course of the authorized work or occupational training assignment, with or without negligence of the adult in custody;
(b) Is not intentionally self-inflicted;
(c) Is not a result of a willful violation of work rules or rules regulating adult in custody conduct or premises security; and
(d) Does not occur to an active participant in an assault or combat that is not connected to the job assignment and that constitutes a deviation from customary duties.
(2) An injury must be established by medical evidence supported by objective findings. The medical evidence must be substantiated by verifiable pathological indication of injury that includes, but is not limited to, range of motion, atrophy, muscle strength, palpable muscle spasm and diagnostic evidence substantiated by clinical findings. Objective findings do not include physical findings or subjective responses to physical examinations that are not consistently reproducible, measurable or observable, or do not fit an anatomical pattern and that cannot be demonstrated after reasonable medical evaluation. A claimant’s statement to a physician or other party does not constitute objective medical evidence sufficient to substantiate an injury.
(3) The following circumstances do not constitute a basis for establishing an injury:
(a) Compulsion to participate in employment or training;
(b) Disciplinary action taken by the Department of Corrections or the Oregon Youth Authority;
(c) Action taken by the Department of Corrections or the Oregon Youth Authority, to protect the safety of persons or to maintain order; or
(d) Actions of other adults in custody or adjudicated youths as defined in ORS 419A.004.
(4) The filing of claims for benefits under ORS 655.505 to 655.555 is the exclusive remedy of an adult in custody or beneficiary of the adult in custody for injuries compensable under ORS 655.505 to 655.555 against the state or its political subdivisions or any person or entity that contracts with the Department of Corrections or the Oregon Youth Authority for the services of adult in custody labor, any person or entity that employs an adult in custody in a work release program established under ORS 144.420 or 420.240 or any owner or manager of premises where authorized work or occupational training assignments occur, regardless of negligence. This section applies to any work-related injury to, or conditions of, an adult in custody whether or not the injury or conditions are determined to be compensable under ORS 655.505 to 655.555. [1963 c.527 §§2,4; 1995 c.384 §19; 2013 c.229 §14; 2019 c.213 §106; 2021 c.489 §157]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 655 - Injured Trainees and Adults in Custody › Section 655.515 - Benefits, training and medical services under ORS 655.505 to 655.555; rules.

If an adult in custody sustains an injury as described in ORS 655.510, benefits shall be delivered in a manner similar to that provided for injured workers under the workers’ compensation laws of this state, except that:
(1) No benefits, except medical services and any occupational training or rehabilitation services provided by the Department of Corrections or the Oregon Youth Authority, shall accrue to the adult in custody until the date of release from confinement and shall be based upon the condition of the adult in custody at that time.
(2) Benefits shall be discontinued during any subsequent period of reconfinement in a penal institution.
(3) Costs of rehabilitation services to adults in custody with disabilities shall be paid out of the Insurance Fund established under ORS 278.425 in an amount approved by the Oregon Department of Administrative Services, which shall be the reasonable and necessary cost of such services.
(4) Medical services when the adult in custody is confined in a Department of Corrections facility shall be those provided by the Department of Corrections, and medical services when the adult in custody is confined in a youth correction facility as defined in ORS 420.005 shall be those provided by the Oregon Youth Authority. After release, medical services shall be paid only if necessary to the process of recovery and as prescribed by the attending practitioner. No medical services may be paid after the attending practitioner has determined that the adult in custody is medically stationary other than for reasonable, periodic repair or replacement of prosthetic appliances. The department, by rule, may require that medical and rehabilitation services after release must be provided directly by the state or its contracted coordinated care organization. [1963 c.527 §3; 1991 c.566 §8; 1995 c.384 §20; 2007 c.70 §284; 2011 c.602 §55; 2013 c.229 §15; 2019 c.213 §107]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 655 - Injured Trainees and Adults in Custody › Section 655.520 - Filing claim for benefits; rules; initial award; limitations.

(1) Claims for entitlement to benefits under ORS 655.505 to 655.555 shall be filed by application with the Oregon Department of Administrative Services as provided by rules adopted by the department, to the extent not inconsistent with ORS 655.505 to 655.555. Such claims shall be filed within the required periods after the injury even though actual benefits may not accrue until release of the adult in custody from confinement. The department may, before acting upon a claim, require further information for determination of eligibility under ORS 655.505 to 655.555.
(2) When a claim is approved, the department shall make an initial estimate of award conditioned as provided in ORS 655.515. Upon release of the adult in custody from confinement, the adult in custody shall apply for an award and the department shall reaffirm or modify its initial award in a manner appropriate to the condition of the adult in custody upon release.
(3) The rights to benefits under ORS 655.505 to 655.555 shall be barred unless written claim is filed with the department within 90 days after the injury, or if death results therefrom, within 90 days after death. However, if death occurs more than one year after the injury, the right shall be barred unless prior written claim based on the injury has been timely filed. The adult in custody must make written application for an award no later than 180 days following the release of the adult in custody from confinement. The requirements of this subsection may be waived by the department on the ground that, for good and sufficient reason, the claim could not be filed on time. [1963 c.527 §5; 1965 c.285 §79d; 1991 c.566 §9; 1995 c.384 §21; 2019 c.213 §108]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 655 - Injured Trainees and Adults in Custody › Section 655.525 - Procedure for review of claims.

Except as otherwise provided by rule of the Oregon Department of Administrative Services, an adult in custody or the beneficiary of the adult in custody may obtain review of action taken on the claim as provided in ORS 656.283 to 656.304. [1963 c.527 §6; 1965 c.285 §79e; 1983 c.740 §241a; 1995 c.384 §22; 2019 c.213 §109]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 655 - Injured Trainees and Adults in Custody › Section 655.530 - Assignment of benefits under ORS 655.505 to 655.555.

No benefits payable under ORS 655.505 to 655.555 are subject to assignment prior to their receipt by the person entitled thereto, nor shall they pass by operation of law. These benefits and the right to receive them are also exempt from seizure on execution, attachment or garnishment, or by the process of any court. [1963 c.527 §7]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 655 - Injured Trainees and Adults in Custody › Section 655.535 - Charging claims costs.

Claims payments and administrative costs of the Oregon Department of Administrative Services shall be charged by the department to the Department of Corrections or the Oregon Youth Authority pursuant to ORS 278.435. [1963 c.527 §§8,12; 1981 c.211 §1; 1987 c.320 §242; 1991 c.566 §10; 2013 c.229 §16]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 655 - Injured Trainees and Adults in Custody › Section 655.540 - Disposition and use of assessments.

(1) The assessments paid to the Oregon Department of Administrative Services by the Department of Corrections or the Oregon Youth Authority shall be credited as a component of the Insurance Fund pursuant to ORS 278.425 and 278.435.
(2) Funds credited to the adult in custody injury component of the Insurance Fund for the purposes of ORS 655.505 to 655.555 may be used to effect insurance or reinsurance with any authority or instrumentality, public or private, or otherwise to distribute the liability for compensation payable to persons entitled to recover under ORS 655.505 to 655.555. [1963 c.527 §§9,11; 1967 c.335 §54; 1967 c.637 §§25,25a; 1989 c.966 §66; 1991 c.566 §11; 2013 c.229 §17; 2019 c.213 §110]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 655 - Injured Trainees and Adults in Custody › Section 655.545 - Liability for payment of benefits; precedence of expenses; priority among claimants.

Liability of the Oregon Department of Administrative Services or the Insurance Fund for the payment of benefits under ORS 655.505 to 655.555 is contingent upon and limited by the availability of reserves in the adult in custody injury component of the Insurance Fund. In the event that the reserves in the adult in custody injury component of the Insurance Fund are not sufficient to meet the benefit payments and administration cost for a given period, the expenses of the department shall have precedence over all other claims. Thereafter, priority among claimants is determined according to the time of filing of the claim. [1963 c.527 §10; 1991 c.566 §12; 2019 c.213 §111]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 655 - Injured Trainees and Adults in Custody › Section 655.550 - Assessment of Oregon Department of Administrative Services for costs of Workers’ Compensation Board.

The Workers’ Compensation Board may from time to time assess the Oregon Department of Administrative Services for the reasonable cost of services provided by the board under ORS 655.505 to 655.555. [1965 c.285 §79g; 1991 c.566 §13]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 655 - Injured Trainees and Adults in Custody › Section 655.555 - Rules for administration of fund for injuries of adults in custody.

The Oregon Department of Administrative Services, with the approval of the Department of Corrections and the Oregon Youth Authority, shall adopt rules necessary to administer the adult in custody injury fund. The rules may provide for procedures, benefits and coverage that vary from the workers’ compensation system. [1995 c.384 §24; 1997 c.851 §15; 2013 c.229 §18; 2019 c.213 §112]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 655 - Injured Trainees and Adults in Custody › Section 655.605 - Definitions for ORS 655.605 and 655.615.

As used in ORS 655.605 and 655.615:
(1) "Department" means the Department of Human Services.
(2) "Employer" means any person who provides on-the-job training for trainees in cooperation with the department or the Commission for the Blind even though no wages or salary is paid to the trainee.
(3) "Employment" means work experience through nonremunerative, on-the-job training as a part of a special training program of the department or the Commission for the Blind occurring on the premises of the employer or at such other places as the department or the Commission for the Blind and the employer may agree.
(4) "Injury" means any personal injury sustained by a trainee by accident, disease or infection arising out of and in the course of employment, or death resulting proximately therefrom as provided in ORS chapter 656.
(5) "State Accident Insurance Fund Corporation" and "corporation" mean the State Accident Insurance Fund Corporation created under ORS 656.752.
(6) "Trainee" or "client" means an occupationally limited person who is participating in a special training or evaluation program of the department or the Commission for the Blind in which the trainee is enrolled. [1971 c.581 §1; 1973 c.429 §1; 1979 c.814 §5; 1981 c.184 §1; 1989 c.224 §123; 2001 c.900 §213]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 655 - Injured Trainees and Adults in Custody › Section 655.615 - Payment of benefits to injured occupationally limited trainees.

(1) All clients participating in a work evaluation or work experience program of the Department of Human Services are considered as workers subject to ORS chapter 656 for purposes of this section.
(2) The department shall submit a written statement to the State Accident Insurance Fund Corporation that includes a description of the work to be performed by such clients.
(3) Upon receiving the written statement, the corporation may fix assumed wage rates for the clients enrolled in the work evaluation or work experience program, without regard to ORS chapter 652, ORS 653.010 to 653.565 or 653.991, which may be used only for purposes of computations under ORS chapter 656.
(4) The department shall maintain a separate list of the names of those enrolled in its work evaluation or work experience program; and shall, upon request, furnish or make such list available to the corporation. Clients covered under this section are entitled to the benefits of ORS chapter 656 and they are entitled to such benefits if injured as provided in ORS 656.156 and 656.202 while performing any duties arising out of and in the course of their participation in the work evaluation or work experience program, provided the duties being performed are among those described in the written statement referred to in subsection (2) of this section.
(5) The filing of claims for benefits under this section is the exclusive remedy of a trainee or the beneficiary of the trainee for injuries compensable under ORS chapter 656 against the state, its political subdivisions, its officers and employees, or the person who provides on-the-job training or job evaluation services for the injured client, regardless of negligence except that the exclusive remedy provisions shall not apply in the case of suits brought under the provisions of ORS 656.576 to 656.596 against third parties. [1971 c.581 §2; 1981 c.184 §2; 1983 c.706 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 656 - Workers’ Compensation › Section 656.008 - Extension of laws relating to workers’ compensation to federal lands and projects within state.

Where not inconsistent with the Constitution and laws of the United States, the laws of this state relating to workers’ compensation and the duties and powers of the Department of Consumer and Business Services hereby are extended to all lands and premises owned or held by the United States of America by deed or act of cession, by purchase or otherwise, which are within the exterior boundaries of the State of Oregon and to all projects, buildings, constructions, improvements and all property belonging to the United States within the exterior boundaries of the State of Oregon in the same way and to the same extent as if said premises and property were under the exclusive jurisdiction of the State of Oregon. [Amended by 1977 c.804 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 656 - Workers’ Compensation › Section 656.010 - Treatment by spiritual means.

Nothing in this chapter shall be construed to require a worker who in good faith relies on or is treated by prayer or spiritual means by a duly accredited practitioner of a well-recognized church to undergo any medical or surgical treatment nor shall such worker or the dependents of the worker be deprived of any compensation payments to which the worker would have been entitled if medical or surgical treatment were employed, and the employer or insurance carrier may pay for treatment by prayer or spiritual means. [1965 c.285 §41c]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 656 - Workers’ Compensation › Section 656.012 - Findings and policy.

(1) The Legislative Assembly finds that:
(a) The performance of various industrial enterprises necessary to the enrichment and economic well-being of all the citizens of this state will inevitably involve injury to some of the workers employed in those enterprises;
(b) The method provided by the common law for compensating injured workers involves long and costly litigation, without commensurate benefit to either the injured workers or the employers, and often requires the taxpayer to provide expensive care and support for the injured workers and their dependents; and
(c) An exclusive, statutory system of compensation will provide the best societal measure of those injuries that bear a sufficient relationship to employment to merit incorporation of their costs into the stream of commerce.
(2) In consequence of these findings, the objectives of the Workers’ Compensation Law are declared to be as follows:
(a) To provide, regardless of fault, sure, prompt and complete medical treatment for injured workers and fair, adequate and reasonable income benefits to injured workers and their dependents;
(b) To provide a fair and just administrative system for delivery of medical and financial benefits to injured workers that reduces litigation and eliminates the adversary nature of the compensation proceedings, to the greatest extent practicable, while providing for access to adequate representation for injured workers;
(c) To restore the injured worker physically and economically to a self-sufficient status in an expeditious manner and to the greatest extent practicable;
(d) To encourage maximum employer implementation of accident study, analysis and prevention programs to reduce the economic loss and human suffering caused by industrial accidents; and
(e) To provide the sole and exclusive source and means by which subject workers, their beneficiaries and anyone otherwise entitled to receive benefits on account of injuries or diseases arising out of and in the course of employment shall seek and qualify for remedies for such conditions.
(3) In recognition that the goals and objectives of this Workers’ Compensation Law are intended to benefit all citizens, it is declared that the provisions of this law shall be interpreted in an impartial and balanced manner. [1981 c.535 §29 (enacted in lieu of 656.004); 1995 c.332 §4; amendments by 1995 c.332 §4a repealed by 1999 c.6 §1; amendments by 1999 c.6 §3 repealed by 2001 c.865 §23; 2015 c.521 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 656 - Workers’ Compensation › Section 656.017 - Employer required to pay compensation and perform other duties; state not authorized to be direct responsibility employer.

(1) Every employer subject to this chapter shall maintain assurance with the Director of the Department of Consumer and Business Services that subject workers of the employer and their beneficiaries will receive compensation for compensable injuries as provided by this chapter and that the employer will perform all duties and pay other obligations required under this chapter, by qualifying:
(a) As a carrier-insured employer; or
(b) As a self-insured employer as provided by ORS 656.407.
(2) Notwithstanding ORS chapter 278, this state shall provide compensation insurance for its employees through the State Accident Insurance Fund Corporation.
(3) Any employer required by the statutes of this state other than this chapter or by the rules, regulations, contracts or procedures of any agency of the federal government, this state or a political subdivision of this state to provide or agree to provide workers’ compensation coverage, either directly or through bond requirements, may provide such coverage by any method provided in this section. [1975 c.556 §21 (enacted in lieu of 656.016); 1977 c.659 §1; 1979 c.815 §1; 1981 c.854 §3; 1985 c.731 §30]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 656 - Workers’ Compensation › Section 656.019 - Civil negligence action for claim denied on basis of failure to meet major contributing cause standard; statute of limitations.

(1)(a) An injured worker may pursue a civil negligence action for a work-related injury that has been determined to be not compensable because the worker has failed to establish that a work-related incident was the major contributing cause of the worker’s injury only after an order determining that the claim is not compensable has become final. The injured worker may appeal the compensability of the claim as provided in ORS 656.298, but may not pursue a civil negligence claim against the employer until the order affirming the denial has become final.
(b) Nothing in this subsection grants a right for a person to pursue a civil negligence action that does not otherwise exist in law.
(2)(a) Notwithstanding any other statute of limitation provided in law, a civil negligence action against an employer that arises because a workers’ compensation claim has been determined to be not compensable because the worker has failed to establish that a work-related incident was the major contributing cause of the worker’s injury must be commenced within the later of two years from the date of injury or 180 days from the date the order affirming that the claim is not compensable on such grounds becomes final.
(b) Notwithstanding paragraph (a) of this subsection, a person may not commence a civil negligence action for a work-related injury that has been determined to be not compensable because the worker has failed to establish that a work-related incident was the major contributing cause of the worker’s injury, if the period within which such action may be commenced has expired prior to the filing of a timely workers’ compensation claim for the work-related injury. [2001 c.865 §15]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 656 - Workers’ Compensation › Section 656.020 - Damage actions by workers against noncomplying employers; defenses outlawed.

Actions for damages may be brought by an injured worker or the legal representative of the injured worker against any employer who has failed to comply with ORS 656.017 or is in default under ORS 656.560. Except for the provisions of ORS 656.578 to 656.593 and this section, such noncomplying employer is liable as the noncomplying employer would have been if this chapter had never been enacted. In such actions, it is no defense for the employer to show that:
(1) The injury was caused in whole or in part by the negligence of a fellow-servant of the injured worker.
(2) The negligence of the injured worker, other than a willful act committed for the purpose of sustaining the injury, contributed to the accident.
(3) The injured worker had knowledge of the danger or assumed the risk that resulted in the injury. [1965 c.285 §7]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 656 - Workers’ Compensation › Section 656.021 - Coverage exception for laborers under contracts with construction and landscape contractor licensees.

For purposes of determining whether a person that awards a contract to another person is responsible for providing workers’ compensation coverage to individuals who perform labor under the contract, the provisions of ORS 656.029 do not apply if, before labor under the contract commences, the other person:
(1) Has a construction contractor license issued by the Construction Contractors Board and performing the work of the contract requires a construction contractor license under ORS chapter 701; or
(2) Has a landscape contracting business license issued by the State Landscape Contractors Board and performing the work of the contract requires a landscape contracting business license under ORS 671.510 to 671.760. [1989 c.870 §13; 1999 c.402 §7; 2007 c.836 §48; 2021 c.21 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 656 - Workers’ Compensation › Section 656.025 - Individuals engaged in commuter ridesharing not subject workers; conditions.

(1) For the purpose of this chapter, an individual is not a subject worker while commuting in a voluntary commuter ridesharing arrangement unless:
(a) The worker is reimbursed for travel expenses incurred therein;
(b) The worker receives payment for commuting time from the employer; or
(c) The employer makes an election to provide coverage for the worker pursuant to ORS 656.039.
(2) As used in this section "voluntary commuter ridesharing arrangement" means a carpool or vanpool arrangement in which participation is not required as a condition of employment and in which not more than 15 persons are transported to and from their places of employment, in a single daily round trip where the driver also is on the way to or from the driver’s place of employment. [1981 c.227 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 656 - Workers’ Compensation › Section 656.029 - Obligation of person awarding contract to provide coverage for workers under contract; exceptions; effect of failure to provide coverage.

(1) If a person awards a contract involving the performance of labor where such labor is a normal and customary part or process of the person’s trade or business, the person awarding the contract is responsible for providing workers’ compensation insurance coverage for all individuals, other than those exempt under ORS 656.027, who perform labor under the contract unless the person to whom the contract is awarded provides such coverage for those individuals before labor under the contract commences. If an individual who performs labor under the contract incurs a compensable injury, and no workers’ compensation insurance coverage is provided for that individual by the person who is charged with the responsibility for providing such coverage before labor under the contract commences, that person shall be treated as a noncomplying employer and benefits shall be paid to the injured worker in the manner provided in this chapter for the payment of benefits to the worker of a noncomplying employer.
(2) If a person to whom the contract is awarded is exempt from coverage under ORS 656.027, and that person engages individuals who are not exempt under ORS 656.027 in the performance of the contract, that person shall provide workers’ compensation insurance coverage for all such individuals. If an individual who performs labor under the contract incurs a compensable injury, and no workers’ compensation insurance coverage is provided for that individual by the person to whom the contract is awarded, that person shall be treated as a noncomplying employer and benefits shall be paid to the injured worker in the manner provided in this chapter for the payment of benefits to the worker of a noncomplying employer.
(3) As used in this section:
(a) "Person" includes partnerships, joint ventures, associations, corporations, limited liability companies, governmental agencies and sole proprietorships.
(b) "Sole proprietorship" means a business entity or individual who performs labor without the assistance of others. [1979 c.864 §2; 1981 c.725 §1; 1981 c.854 §4; 1983 c.397 §1; 1983 c.579 §2a; 1985 c.706 §1; 1989 c.762 §5; 1995 c.93 §34; 1995 c.332 §6a]