reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0501 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules are
			 promulgated under the Department of the State Fire Marshal's authority
			 contained in ORS 453.392.
(2) The provisions of this rule shall apply
			 to the statewide hazardous material emergency response system established under
			 ORS 453.392 to
			 453.394.
(3) Identify a repository to inventory
			 hazardous materials response resources.
(4) Ensure continual readiness, maintenance
			 of equipment, and training of personnel.
Statutory/Other Authority: ORS
				  453.392
Statutes/Other Implemented: ORS
				  453.392 -
				  453.394
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0510 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of these rules the following definitions
				apply:
(1) "Coordinated response"
			 means the integration of federal, state, local, and railroad emergency response
			 resources operating under the National Incident Management System, in
			 conjunction with Hazardous Materials Transportation by Rail contingency plans
			 and Emergency Support Functions.
(2) "Hazardous Materials" means "hazardous
			 substance" as that term is defined in ORS
			 453.307(5).
(3) "Spill or Release" means the discharge or
			 threat of discharge, deposit, injection, dumping, spilling, emitting,
			 releasing, leaking or placing of any oil or hazardous material into the air, on
			 any land or into any waters of the state.
Statutory/Other Authority: ORS
				  453.392
Statutes/Other Implemented: ORS
				  453.392  - 453.394
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0520 - Planning and Coordinated Response

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of the State Fire Marshal (OSFM) shall:
(1) Develop and annually review a Hazardous
			 Materials Transportation by Rail state agency coordination plan in
			 collaboration with Department of Environmental Quality, Oregon Department of
			 Transportation, and Department of Emergency Management. This plan will work
			 with existing local, state, and federal plans, or as required by federal laws
			 and regulations;
(2) Provide
			 support to local emergency planning committees for administration, outreach,
			 planning, and exercise participation as it relates to oil and hazardous
			 materials transportation by rail;
(3) By February 1 of each year, and in
			 coordination with local governments, state agencies, emergency responders, and
			 railroad industry representatives involved in hazardous materials response,
			 submit a Legislative Report to the Department of Emergency Management and the
			 Legislative Assembly.
Statutory/Other Authority: ORS
				  453.392
Statutes/Other Implemented: ORS
				  453.392 -
				  453.394
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0530 - Hazardous Materials Response Resource Management

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0540 - Training and Exercise Programs

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 130 - STANDARDIZED-COSTS SCHEDULES › Section 837-130-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  476.290 & ORS
				  478.310
Stats. Implemented: ORS
				  476.030
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 130 - STANDARDIZED-COSTS SCHEDULES › Section 837-130-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  476.030
Stats. Implemented: ORS
				  476.280 & ORS
				  478.310
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 130 - STANDARDIZED-COSTS SCHEDULES › Section 837-130-0020 - Schedules

Current through Register Vol. 63, No. 7, July 1, 2024
(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: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  476.290 & ORS
				  478.310
Stats. Implemented: ORS 453.550, ORS
				  476.560, ORS
				  476.290 & ORS
				  478.310
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 140 - OREGON SAFETY ASSESSMENT PROGRAM › Section 837-140-0001 - Safety Assessment Program - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 140 - OREGON SAFETY ASSESSMENT PROGRAM › Section 837-140-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 140 - OREGON SAFETY ASSESSMENT PROGRAM › Section 837-140-0020 - Local Program Coordinator

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 140 - OREGON SAFETY ASSESSMENT PROGRAM › Section 837-140-0030 - Post-Disaster Building Safety Evaluator Registration Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All persons seeking registration as a
			 post-disaster building safety evaluator must:
(a) Complete an OSFM application form;
			 and
(b) Complete one of the
			 following training courses to be fully certified: OrSAP Building Safety
			 Evaluator Training, CalOES Safety Assessment Program Evaluator Training, WAsafe
			 - Washington State Safety Assessment Facility Evaluators Training, or
			 completion and documentation of an OrSAP approved ATC-20 Post Earthquake Safety
			 Evaluation of Buildings; and
(c)
			 Complete the Department of the State Fire Marshal's Oregon Safety Assessment
			 Program training module.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 140 - OREGON SAFETY ASSESSMENT PROGRAM › Section 837-140-0040 - Post-Earthquake Building Safety Evaluator Continuing Education Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  183.335,
				  651.060(4)
				  & 652
Stats. Implemented: ORS
				  652
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0125 - Individual Exemptions from Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following employees are exempt from
			 the provisions of ORS
			 652.020:
(a) Any employee whose primary duty is that
			 of a member of a logging train crew;
(b) Any employee whose primary duty is that
			 of a guard (performing duties such as firewatch or security);
(c) Any employee whose primary duty is that
			 of a boiler operator;
(d) Any
			 employee whois engaged regularly in the transportation of other employees to
			 and from work;
(e) Any employee
			 whose primary duty is that of making necessary repairs. This includes employees
			 conducting maintenance on buildings, equipment or machinery;
(f) Any employee engaged in emergency work
			 pursuant to section (2) of this rule;
(g) Any employee whose primary duty is that
			 of cleaning, guarding, repairing and otherwise caring for the living quarters
			 and immediate surrounding areas of other employees;
(h) Any employee whose primary duty is that
			 of feeding, grooming, guarding or otherwise caring for livestock by, among
			 other things, cleaning and repairing the areas in which the livestock is
			 kept;
(i) Any employee whose
			 primary duty is to be employed in mess halls where meals are served to other
			 employees. This would include any and all employment necessary to conduct the
			 mess hall operations;
(j) Any
			 employee whose primary duty is that of supervising and directing work. This
			 includes supervisors, managers, and persons who are temporarily acting in these
			 capacities in the absence of the named employees;
(k) Any employee whose primary duty is the
			 loading and removal of finished forest products. This includes employees
			 engaged in shipping or otherwise removing the final finished forest product
			 from the establishment's premises. This applies to finished products only and
			 not to products shipped for further processing at another location;
(l) Any employee whose principal duties are
			 administrative in nature; or
(m)
			 Any employee who is not engaged in the direct processing of goods in the usual
			 course of the employee's duties.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0127 - Establishment Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  651.060(4)
				  & ORS 652
Stats. Implemented: ORS
				  652.030
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0130 - Exempt and Non-exempt Work

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  651.060(4)
				  & ORS 652
Stats. Implemented: ORS
				  652.020
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0140 - Determination of the Day; Failure to Make Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  651.060(4)
				  & ORS 652
Stats. Implemented: ORS
				  652.020
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0143 - Failure to Establish a Workweek

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0145 - Determination of Employees "Employed in" a Named Establishment for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0147 - Employee's Written Consent to Work up to 60 Hours in a Workweek

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0148 - Undue Hardship Notices and Employee's Written Consent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to the
			 provisions of ORS 652.020, an employer that
			 processes perishable products may be exempt from the restrictions on maximum
			 workweek hours if an undue hardship exists. To claim such an exemption, an
			 employer must provide notice of the undue hardship period to the Bureau within
			 seven calendar days of the beginning of the hardship period permitting
			 employees to work more than 55 hours in one workweek (or more than 60 hours if
			 the employee has previously consented to work up to 60 hours in one workweek
			 pursuant to ORS 652.020(2)(b)
			 and OAR 839-001-0147). The notice
			 submitted by the employer to the Bureau must include:
(a) The name and address of the
			 employer;
(b) A description of the
			 reasons for the undue hardship period;
(c) The start and expected end dates of the
			 undue hardship period;
(d) An
			 estimate of the number of employees whose work hours will exceed the maximum
			 workweek hours because of the undue hardship exemption;
(e) The start and end dates of any undue
			 hardship periods previously claimed by the employer in the same calendar
			 year;
(f) The printed name and
			 signature of the person submitting the notice, with the date of
			 signature.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0150 - Civil Penalties for Violation of ORS 652.020, Maximum Working Hours in Mills, Factories and Manufacturing Establishments: Overtime Hours and Pay

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  651.060(4)
				  & 652
Stats. Implemented: ORS
				  652.020
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0153 - Violations Separate and Distinct

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  651.060(4)
				  & 652
Stats. Implemented: ORS
				  652.020
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0155 - Violations of ORS 652.020 for Which a Civil Penalty May Be Imposed

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0160 - Schedule of Civil Penalties for Violations of ORS 652.020

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0200 - Deductions for Garnishment Processing Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(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 ORS 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.
Stat. Auth.: ORS
				  651.060(4),
				  652, 653 & HB 3544 (2003 OL)
Stats. Implemented: ORS
				  18.838,
				  652.150 &
				  653.261(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0250 - Deductions for Costs of Benefits Paid by the Employer While the Employee Is on OFLA Leave

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Family Leave Act provides that notwithstanding
				652.610(3), when an employer pays the employee's portion of the cost of
				providing health, disability, life or other insurance coverage for an employee
				while the employee is on family leave, the employer may recover such cost under
				the following circumstances:
(1) Upon
			 the employee's return to work, the employer may deduct from the employee's pay
			 the amount of the costs it paid, provided, however, that the total amount
			 deducted from any paycheck may not exceed 10% of the employee's gross wages
			 earned in the pay period covered by the paycheck.
(2) If an employee does not return to work,
			 the employer may deduct all of the costs it paid from amounts due and owing to
			 the employee, provided, however, that no deduction may be made if the employee
			 fails to return to work for the following reasons:
(a) The employee's absence from work is
			 caused by a continuation, recurrence or onset of a serious health condition
			 that would entitle the employee to family leave as provided for under OFLA or
			 to benefits under ORS chapter 657B; or
(b) The employee's absence from work is
			 caused by circumstances beyond the control of the employee.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0300 - Liability of Employer for Issuance of Dishonored Check in Payment of Wages

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in
			 this rule:
(a) "Check" means a check, draft
			 or order for the payment of money.
(b) "Drawee" means a person ordered in a
			 draft to make payment pursuant to ORS
			 73.0103(1)(b).
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0410 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				652.140 to
				652.165 and in OAR
				839-001-0410 to 839-001-0480,
				unless the context requires otherwise;
(1) "Business day" includes Monday through
			 Friday, exclusive of state holidays as provided in ORS
			 187.010, in which the business
			 operations of the employer is conducted.
(2) "Seasonal farmworker" means any person
			 who, for an agreed remuneration or rate of pay, performs temporary labor for
			 another to work in the production of farm products or planting, cultivating or
			 harvesting of seasonal agricultural crops or in the forestation or
			 reforestation of lands, including but not limited to, the planting,
			 transplanting, tubing, pre-commercial thinning
and thinning of trees and seedlings, the clearing, piling and
				disposal of brush and slash and other related activities.
(3) "Seasonal reforestation worker" means
			 "seasonal farmworker" as defined in subsection (2) of this rule.
(4) "Willfully," as used in ORS
			 652.150, means that which is
			 done or omitted is done or omitted intentionally. When a person knows what the
			 person is doing, intends to do what the person is doing and is a free agent,
			 the person is acting willfully. An act or omission is willful even if the
			 person did not know the act or omission was a violation of ORS
			 652.140 or
			 652.145.
(5) "Wages" means all compensation for
			 performance of service by an employee for an employer whether paid by the
			 employer or another person. Wages include the cash value of all compensation
			 paid in any medium other than cash and all compensation owed an employee by an
			 employer.
Stat. Auth.: ORS
				  652.165
Stats. Implemented: ORS
				  652.140 - ORS
				  652.160
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0420 - Payment of Wages at Termination of Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in OAR
			 839-001-0440 and
			 839-001-0490, when an employer
			 unilaterally discharges an employee or when the employee and the employer
			 mutually agree to the termination of employment, all of the wages that have
			 been earned but not paid, become due and payable not later than the end of the
			 first business day after the discharge or termination. Except as provided in
			 subsections (3) and (5) of this rule, when the employment terminates because of
			 discharge or mutual agreement on a Saturday, Sunday or holiday, all wages
			 earned and unpaid must be paid by not later than the end of the first business
			 day after the employment termination.
(2) When the employee gives the employer
			 notice of 48 hours or more (not including Saturday, Sunday and holidays) that
			 the employee intends to quit employment, all wages that have been earned but
			 not paid become due and payable on the last day of the employee's
			 employment.
(3)
(a) Except as provided in subsections (b) and
			 (c), when the employee fails to give the employer notice as provided in
			 subsection (2) of this rule, all wages that have been earned but not paid,
			 become due and payable within five days, excluding Saturdays, Sundays and
			 holidays, of the date the employee quit or at the next regularly scheduled
			 payday, whichever occurs first.
(b)
			 If an employee has not given to the employer the notice described in subsection
			 (2) of this rule, and if the employee is regularly required to submit time
			 records to the employer to enable the employer to determine the wages due the
			 employee, within five days after the employee has quit, the employer shall pay
			 the employee the wages the employer estimates are due and payable.
(c) In the event an employee whose final
			 payment of wages are subject to the provisions of subsection (b) submits
			 required time records after the last day of the employee's employment, then any
			 additional wages due to the employee and not paid pursuant to subsection (b)
			 must be paid within five days after the employee submits the required time
			 records.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0430 - When Layoff is Considered Termination of Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an employee is laid off with no
			 reasonable expectation that the employee will return to work, the layoff is
			 considered to be a termination of employment for purposes of OAR
			 839-001-0420 and
			 839-001-0440 and the wages
			 earned and unpaid shall become due and payable in accordance with OAR
			 839-001-0420 and
			 839-001-0440.
(2) When an employee is laid off and the
			 employee returns to work within 35 days, the layoff is not considered to be a
			 termination of employment for purposes of OAR
			 839-001-0420 and
			 839-001-0440 and all wages
			 earned and unpaid shall become due and payable at the next regularly scheduled
			 payday following the layoff. If the layoff occurs on a regularly scheduled
			 payday, the wages become due and payable on the same day.
(3) This rule applies to all layoffs
			 regardless of whether an employee is subject to recall to work.
Stat. Auth.: ORS
				  652.165
Stats. Implemented: ORS
				  652.140
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0440 - Special Provisions for Payment of Wages at Termination for Seasonal Farmworkers and Seasonal Reforestation Workers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless the conditions described in ORS
			 652.145(1)(a)
			 apply, when a seasonal farmworker or seasonal reforestation worker terminates
			 employment because of discharge or mutual consent, all wages earned and unpaid
			 become due and payable on the last day the employee works.
(2) When a seasonal farmworker or seasonal
			 reforestation worker quits employment and gives the employer at least 48 hours
			 notice of intent to quit, all wages earned and unpaid become due and payable on
			 the last day the employee works.
(3) When a seasonal farmworker or seasonal
			 reforestation worker quits employment and fails to give the employer at least
			 48 hours notice, all wages earned and unpaid become due and payable within 48
			 hours after the employee quits or on the next regularly scheduled payday,
			 whichever comes first.
Stat. Auth.: ORS
				  651.060(4)
				  & 652.165
Stats. Implemented: 2013 SB 677 & ORS
				  652.145
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0450 - Forwarding Wages and Direct Deposit of Wages at Termination of Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All wages due
			 and payable at termination of employment shall be forwarded by the employer to
			 the employee to any address designated by the employee when the employee
			 requests the employer to forward the wages.
(2) Unless an employee has made either a
			 written or oral request that wages due be paid by check, all wages due and
			 payable at termination of employment may be deposited, without discount, in the
			 employee's account in a bank, national bank, mutual savings bank, credit union
			 or savings and loan association located in Oregon.
Stat. Auth.: ORS
				  651.060(4)
				  & 652.165
Stats. Implemented: 2013 HB 2683 & ORS
				  652.110
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0460 - Payment in Case of a Dispute Over the Amount of Wages Due at Termination of Employment/Employee Rights and Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In case of a dispute over the amount of
			 wages due and payable at termination of employment, the employer shall pay the
			 amount of wages that the employer concedes to be due and payable to the
			 employee. Such payment shall be made unconditionally and within the time set
			 out in OAR 839-001-0420,
			 839-001-0430 and
			 839-001-0440.
(2) An employee may use all remedies
			 available to the employee for the balance of wages that the employee claims are
			 due and payable.
Stat. Auth.: ORS
				  652.165
Stats. Implemented: ORS
				  652.160
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0470 - Penalty for Failure to Pay Wages on Termination of Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an
			 employer willfully fails to pay all or part of the wages due and payable to the
			 employee upon termination of employment within the time specified in OAR
			 839-001-0420,
			 839-001-0430 and
			 839-001-0440, the employer will
			 be subject to the following penalty:
(a) The
			 wages of the employee will continue to accrue from the date the wages were due
			 and payable until the date the wages are paid or until a legal action is
			 commenced, whichever occurs first;
(b) The employee's wages will continue to
			 accrue at the employee's hourly rate of pay times eight (8) hours for each day
			 the wages are unpaid;
(c) The
			 maximum penalty will be no greater than the employee's hourly rate of pay times
			 8 hours per day times 30 days.
(d)
			 Except as provided in subsection (e), the wages of an employee that are
			 computed at a rate other than an hourly rate (e.g. salaries) will be reduced to
			 an hourly rate for penalty computation purposes by dividing the total wages
			 earned during the wage claim period (the period for which wages are owed and
			 upon which the wage claim is based) by the total number of hours worked during
			 the wage claim period.
(e)
			 Notwithstanding subsection (d), when wages are earned based on commission,
			 bonus, piece rate, or other methods not based on hours worked, the wages will
			 be reduced to an hourly rate for penalty computation purposes by dividing the
			 total wages earned in the last 30 calendar days of employment by the total
			 number of hours worked in the last 30 calendar days of employment. If the
			 employee was employed for less than 30 days, the total wages earned during the
			 entire period of employment will be divided by the number of hours worked
			 during the entire period of employment.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0490 - Special Provisions for Payment of Wages at Termination for Employees of Businesses Primarily Engaged in the Sale of Motor Vehicles or Farm Implements Who are Paid on a Commission Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an employee of a business primarily
			 engaged in the sale of motor vehicles or farm implements who is paid on a
			 commission basis is terminated, unpaid commissions are not owed to the employee
			 until all the terms and conditions of any agreement between the employer and
			 employee concerning the method of payment of commissions are fulfilled. If no
			 such agreement exists, the commission is due with all other earned and unpaid
			 wages or compensation as provided in ORS
			 652.140.
(2) Notwithstanding the provisions of OAR
			 839-001-0470, when an employee
			 who is paid on a commission basis is terminated by a business that primarily
			 sells motor vehicles or farm implements and there is a dispute between the
			 employer and employee concerning the amount of commission due upon termination,
			 if the amount of unpaid commission is found to be less than 20 percent of the
			 amount of unpaid commission claimed by the employee, the penalty wage may not
			 exceed the amount of the unpaid commission or $200, whichever is
			 greater.
Stat. Auth.: ORS
				  651.060(4),
				  652, 653: Other Auth HB 3544(2003 legislature)
Stats. Implemented: ORS
				  18.838,
				  652.150,
				  653.261(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0495 - Violations Separate and Distinct

Current through Register Vol. 63, No. 7, July 1, 2024
Each violation of ORS
				652.110,
				652.140,
				652.145,
				652.260,
				652.610(4),
				652.750 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.
Stat. Auth.: ORS
				  651.060(4),
				  652.165,
				  652.900
Stats. Implemented; ORS
				  652.010-652.900
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0496 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 assessing a civil penalty for violations of ORS
			 652.110,
			 652.140,
			 652.145,
			 652.260,
			 652.610(4),
			 652.750 or any rule adopted
			 pursuant thereto, the commissioner may consider the following mitigating and
			 aggravating circumstances in determining the amount of the 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.