reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0240 - Public Agency Employees Engaged in Both Fire Protection and Law Enforcement Activities

Current through Register Vol. 63, No. 7, July 1, 2024
Some public agencies have employees (often called "public
				safety officers") who engage in both fire protection and law enforcement
				activities, depending on the agency needs at the time. This dual assignment
				would not defeat the exemption in ORS
				653.269(3),
				provided that each of the activities performed meets the appropriate tests set
				forth in OAR 839-020-0220. This is so
				regardless of how the employee's time is divided between the two activities.
				However, all time spent in connection with fire protection or law enforcement
				functions, or with neither, must be combined for purposes of the 20 percent
				limitation on nonexempt work as provided in OAR
				839-020-0230.
Stat. Auth.: ORS
				  279.342(3)
Stats. Implemented: ORS
				  279.342
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0250 - Effect of Training Time

Current through Register Vol. 63, No. 7, July 1, 2024
The attendance at a bona fide fire or police academy or other
				training facility, when required by the employing agency, constitutes
				engagement in activities under ORS
				653.269(3) only
				when the employee meets all the applicable tests described in OAR
				839-020-0220 (except for the
				power of arrest for law enforcement personnel), as the case may be. If the
				applicable tests are met, then basic training or advanced training is
				considered incidental to, and part of, the employee's fire protection or law
				enforcement activities.
Stat. Auth.: ORS
				  279.342(3)
Stats. Implemented: ORS
				  279.342
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0260 - Ambulance and Rescue Service Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Ambulance and rescue service employees of
			 a public agency other than a fire protection or law enforcement agency may be
			 treated as employees engaged in fire protection or law enforcement activities
			 of the type contemplated by ORS
			 653.269(3) if
			 their services are substantially related to firefighting or law enforcement
			 activities in that:
(a) The ambulance and
			 rescue service employees have received training in the rescue of fire, crime,
			 and accident victims or firefighters or law enforcement personnel injured in
			 the performance of their respective duties; and
(b) The ambulance and rescue service
			 employees are regularly dispatched to fires, crime scenes, riots, natural
			 disasters and accidents.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0270 - Other Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
Although ORS
				653.269(3)
				provides special exemptions for employees of public agencies engaged in fire
				protection and law enforcement activities, such workers may also be subject to
				other exemptions in ORS
				653.269, and public agencies may
				apply such other exemptions if applicable. For example, a high-ranking police
				official engaged in law enforcement activities who is exempt from the
				provisions of ORS 653.268 as an employee employed
				in fire protection activities pursuant to the provisions of ORS
				653.269(3) and
				OAR 839-020-0320, may also be exempt
				from ORS 653.268 as an "executive"
				employee by virtue of the exemption for any employee employed as an executive,
				administrative, supervisory, or professional employee, (as those terms are
				defined in OAR 839-020-0320) pursuant to the
				provisions of ORS 653.269(5)(a).
Stat. Auth.: ORS
				  279.342(3)
Stats. Implemented: ORS
				  279.342
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0300 - Authority

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 653.269(5)(a)
				requires the Labor Commissioner to define certain terms relating to executive,
				administrative, supervisory or professional employees of a public agency who
				are exempt from the overtime provisions of ORS
				653.268 because of the nature of
				their employment.
Stat. Auth.: ORS
				  279.342(5)(a)
Stats. Implemented: ORS
				  279.342
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0310 - Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 839-020-0300 to
			 839-020-0350 are adopted
			 pursuant to ORS 653.269(5)(a).
			 The rules define the nature of executive, administrative, supervisory and
			 professional employment for purposes of the overtime pay exemption under ORS
			 653.268.
(2) The application of OAR
			 839-020-0300 to
			 839-020-0350 is limited to
			 public agencies, and does not apply to the employees of any private
			 organization.
Stat. Auth.: ORS
				  279.342(5)(a)
Stats. Implemented: ORS
				  279.342
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0320 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				653.268 to
				653.269, unless the context
				requires otherwise:
(1) Employees
			 exempted from overtime because of the executive nature of their employment
			 means employees:
(a) Whose primary duty
			 consists of the management of the public agency in which they are employed or
			 of a customarily recognized department or subdivision thereof; and
(b) Who customarily and regularly direct the
			 work of two or more other employees therein; and
(c) Who have the authority to hire or fire
			 other employees or whose suggestions and recommendations as to the hiring or
			 firing and as to the advancement and promotion or any other change of status of
			 other employees will be given particular weight; and
(d) Who customarily and regularly exercise
			 discretionary powers; and
(e) Who
			 do not devote more than 20 percent, or, in the case of an employee of a retail
			 or service establishment, who does not devote as much as 40 percent of the
			 employee's hours of work in the workweek to activities which are not directly
			 and closely related to the performance of the work described in subsections (a)
			 through (d) of this section: Provided, that this subsection will not apply in
			 the case of an employee who is in sole charge of an independent establishment
			 or a physically separated branch establishment; and
(f) Who are compensated for their services on
			 a salary basis at a rate of not less than $155 per week, exclusive of board,
			 lodging, or other facilities: Provided, that an employee who is compensated on
			 a salary basis at a rate of not less than $250 per week, exclusive of board,
			 lodging, or other facilities, and whose primary duty consists of the management
			 of the agency in which the employee is employed or of a customarily recognized
			 department or subdivision thereof, and includes the customary and regular
			 direction of the work of two or more other employees therein, will be deemed to
			 meet all the requirements of this section.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0330 - Exception to Salary or Fee Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employee who otherwise meets the
			 requirements of OAR 839-020-0310 must not be
			 disqualified from exemption under ORS
			 653.269(5)(a)
			 on the basis that such employee is paid according to a pay system established
			 by statute, ordinance, or regulation, or by a policy or practice established
			 pursuant to principles of public accountability, under which the employee
			 accrues personal leave and sick leave and which requires the public agency
			 employee's pay to be reduced or such employee to be placed on leave without pay
			 for absences for personal reasons or because of illness or injury of less than
			 one work-day when accrued leave is not used by an employee because:
(a) Permission for its use has not been
			 sought or has been sought and denied;
(b) Accrued leave has been exhausted;
			 or
(c) The employee chooses to use
			 leave without pay.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0350 - Computer Professionals

Current through Register Vol. 63, No. 7, July 1, 2024
Employees exempt from overtime because of the professional
				nature of their employment includes employees who are computer systems
				analysts, computer programmers, software engineers, or other similarly skilled
				workers, whose primary duties consist of the following:
(1) The application of systems analysis
			 techniques and procedures, including consulting with users, to determine
			 hardware, software, or system specifications;
(2) The design, development, documentation,
			 analysis, creation, testing, or modification of computer systems or programs,
			 including prototypes, based on and related to user or system design
			 specifications;
(3) The design,
			 documentation, testing, creation, or modification of computer programs related
			 to machine operating systems; or
(4) A combination of duties described in
			 subsections (1), (2) and (3) of this section, the performance of which requires
			 the same level of skills.
Stat. Auth.: ORS
				  279.342(5)(a)
Stats. Implemented: ORS
				  279.342
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0400 - Definitions for Maximum Hours of Work in Canneries, Driers and Packing Plants

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OL Ch. 685 (2017), ORS
				653.265 and OAR
				839-020-0400 to
				839-020-0420, unless the context
				requires otherwise:
(1)
			 "Administrative duties" means office or non-manual work directly related to the
			 employer's management policies or general business operations.
(2) "Cannery" means an establishment for the
			 canning or preservation of food products to prevent spoilage.
(3) "Day" means any time period of 24
			 consecutive hours as determined by the employer.
(4) "Drier" means an establishment in which
			 food products are preserved through the removal of moisture.
(5) "Employed in" refers to employment of
			 employees in the actual place specified in ORS
			 653.265. Employees who are not
			 performing duties in the named places are not "employed in" those
			 places.
(6) "Employee" means any
			 individual employed by an employer.
(7) "Employer" includes any person acting
			 directly or indirectly in the interest of an employer in relation to an
			 employee.
(8) "Engaged in the
			 direct processing of goods" means to perform duties directly related to the
			 canning, drying, packing, or preservation of food products.
(9) "Packing plant" means an establishment
			 for the processing and packing of food products, including the packing of
			 meat.
(10) "Perishable product"
			 means any product that may spoil, deteriorate or undergo other material changes
			 that render it unsuitable for the use for which it was produced. "Perishable
			 product" includes agricultural crops, meat and fish.
(11) "Undue hardship period" means the period
			 of time during which a perishable product must be processed after harvesting,
			 slaughter or catch.
(12) "Workweek"
			 means a fixed period of time established by an employer that reflects a
			 regularly recurring period of 168 hours or seven consecutive 24-hour periods. A
			 workweek may begin on any day of the week and any hour of the day and need not
			 coincide with a calendar week. The beginning of the workweek may be changed if
			 the change is intended to be permanent and is not designed to evade overtime
			 requirements.
Statutory/Other Authority: OL 685 (2017), ORS 653 & ORS
				  651
Statutes/Other Implemented: OL 685 (2017) & ORS
				  653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0410 - 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 ORS
			 653.265 and these
			 rules.
(2) Once established, the
			 beginning time of the day shall not be changed unless the change is intended to
			 be permanent and is not designed to circumvent the provisions of ORS
			 653.265.
(3) If the employer fails to establish the
			 beginning and ending times of day as provided for in section (1) of this rule,
			 the Bureau shall consider the day to begin at the time the individual employee
			 commences work and to end 24 consecutive hours after the work began.
Statutory/Other Authority: OL Ch. 685 (2017) & ORS
				  651
Statutes/Other Implemented: OL Ch. 685 (2017) & ORS
				  653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0415 - 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
				653.265(1)(c),
				the Bureau shall consider the workweek to begin on the day the individual
				employee commences work and to end seven (7) consecutive days after the work
				began, for the period of time in which the employer failed to establish a
				workweek.
Statutory/Other Authority: OL Ch. 685 (2017) & ORS
				  651
Statutes/Other Implemented: OL Ch. 685 (2017) & ORS
				  653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0417 - 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
			 653.265(2), an
			 employer is prohibited from requiring or permitting an employee to work over 55
			 hours in one workweek except that the employer may permit an employee to work
			 up to 60 hours in one workweek if the employee requests or consents in writing
			 to work more than 55 hours in one workweek.
(2) Employers must obtain written consent
			 from employees prior to permitting employees to work in excess of 55 hours in
			 one workweek.
(3) The employer must
			 retain and keep available to the commissioner a copy of each employee's written
			 consent or written request during the period for which the written request or
			 consent is in effect and for no less than one year thereafter.
(4) The commissioner shall create a template
			 for the written consent that employers may, but are not required to, use to
			 document the employee's written consent and withdrawal of consent.
(5) The employee must inform the employer of
			 the employee's withdrawal of consent in writing, seven (7) calendar days prior
			 to the start of the workweek in which the employee no longer consents to work
			 over 55 hours in the workweek.
Statutory/Other Authority: OL Ch. 685 (2017) & ORS
				  651
Statutes/Other Implemented: OL Ch. 685 (2017) & ORS
				  653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0420 - 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 653.265(5), 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 date on which the undue hardship
			 period begins. 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;
			 and
(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 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-1000 - Violations Separate and Distinct

Current through Register Vol. 63, No. 7, July 1, 2024
Each violation 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
				  653.040
Stats. Implemented: Ch. 314, 1997
				  OL
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-1020 - Criteria for Determining a Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commissioner may consider the
			 following mitigating and aggravating circumstances when determining the amount
			 of any civil penalty to be assessed and cite those the commissioner finds to be
			 appropriate:
(a) The history of the employer
			 in taking all necessary measures to prevent or correct violations of statutes
			 or rules;
(b) Prior violations, if
			 any, of statutes or rules;
(c) The
			 magnitude and seriousness of the violation;
(d) Whether the employer knew or should have
			 known of the violation;
(e) The
			 opportunity and degree of difficulty to comply;
(f) Whether the employers' action or inaction
			 has resulted in the loss of a substantive right of an employee.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0006 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				653.305 to
				653.370 and in OAR 839-021-0001
				to 839-021-0500, unless the context
				requires otherwise:
(1) "Agriculture"
			 includes farming in all its branches and among other things includes the
			 cultivation and tillage of the soil, dairying, the production, cultivation,
			 growing, and harvesting of any agricultural or horticultural commodities, the
			 raising of livestock, bees, fur-bearing animals, or poultry and any practices
			 performed by a farmer or on a farm as an incident to or in conjunction with
			 such farming operations, including preparation for market, delivery to storage
			 or to market, or to carriers for transportation to market. "Agricultural
			 employment" is employment in "Agriculture" as herein defined.
(2) "Bureau" means Bureau of Labor and
			 Industries of the State of Oregon.
(3) "Commissioner" means the Commissioner of
			 the Bureau of Labor and Industries.
(4) "Employ" has the same meaning as that
			 which appears in ORS 653.010(2).
(5) "Employer" has the same
			 meaning as that which appears in ORS
			 653.010(3).
(6) "Employment Certificate" means
			 the employment certificate issued to employers for the employment of minors
			 pursuant to ORS 653.307, and the employment
			 permit referred to in ORS
			 653.320(3).
(7) "Harvest Season" means a
			 period of time during which the crop or crops of the agricultural employer for
			 whom a minor is employed are harvested. Work performed during the harvest
			 season includes work in connection with the gathering of the crop but does not
			 include cultivation and tillage of the soil or cultivation and growing of
			 agricultural commodities.
(8)
			 "Minor" means any person under 18 years of age.
(9) "Workday" means any fixed period of 24
			 consecutive hours.
(10) "Workweek"
			 means any fixed and regularly recurring period of seven consecutive
			 workdays.
Stat. Auth.: ORS
				  651.060(4),
				  653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013),
				  ORS 653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0067 - Hours of Employment for Minors 16 and 17 Years of Age

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer may not employ a 16- or
			 17-year-old to work more than 44 hours per week except those employed in
			 organized youth camps or those employed in agricultural employment.
(2) An employer who wishes to employ a 16- or
			 17-year-old to work more than 44 hours per week must first obtain a Special
			 Emergency Overtime Permit from the Bureau. This permit will not be issued
			 unless:
(a) The number of hours does not
			 exceed those provided by statute; and
(b) When the minor is not otherwise exempt
			 from the overtime pay provisions of any law, the minor receives one- and
			 one-half times the regular rate of pay for all hours worked over 40 in a
			 workweek and other overtime where it applies.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0070 - Hours of Employment for Minors Under 16 Years of Age

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as otherwise provided in this
			 rule, employment of minors under 16 years of age must be confined to the
			 following periods:
(a) Outside school
			 hours;
(b) Not more than 40 hours
			 in any one week when school is not in session;
(c) Not more than 18 hours in any one week
			 when school is in session;
(d) Not
			 more than eight hours in any one day when school is not in session;
(e) Not more than three hours in any one day
			 when school is in session;
(f)
			 Between 7 a.m. and 7 p.m., except that during the summer (June 1 through Labor
			 Day) the minor may work until 9:00 p.m.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0072 - Rest Periods and Meal Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every employer must provide to each minor
			 employee a meal period of not less than 30 continuous minutes in the manner
			 prescribed by OAR 839-020-0050. However, the
			 exemption provided for by OAR
			 839-020-0050(3)
			 does not apply to minor employees under the age of 16.
(2) Every employer must provide each minor
			 employee a rest period of not less than 15 minutes in the manner prescribed by
			 OAR 839-020-0050.
Stat. Auth.: ORS
				  651.060(4),
				  653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013),
				  ORS 653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0087 - Working Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 employer may not employ any minor to work in the State of Oregon, except under
			 the following conditions:
(a) Where a
			 sanitary and safe work area is provided;
(b) Where adequate lighting is
			 provided;
(c) Where adequate
			 ventilation is provided;
(d) Where
			 adequate washrooms are provided;
(e) Where adequate toilet facilities are
			 provided;
(f) Where the employer is
			 in full compliance with provisions of ORS Chapter 654 (The Oregon Safe
			 Employment Act) and the rules and regulations promulgated thereunder. For the
			 purposes of this rule, the compliance status of the employer is determined by
			 the Occupational Safety and Health Division of the Department of Consumer and
			 Business Services;
(g) Where the
			 employer is in full compliance with the provisions of the following statutes
			 relating to the payment of wages:
(A) ORS
			 652.110 to
			 652.190;
(B) ORS
			 652.610;
(C) ORS
			 653.010 to
			 653.265;
(D) ORS
			 279.348 to
			 279.365;
(E)
										Title 29, U.S.C.,
			 201, et seq. (Federal Fair Labor Standards
			 Act);
(F)
										Title 40, U.S.C.,
			 276a. (Davis-Bacon Act);
(G)
										Title 41, U.S.C.,
			 351, et seq. (Service Contract
			 Act).
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0092 - Weight Lifting

Current through Register Vol. 63, No. 7, July 1, 2024
No minor shall be required to lift excessive
				weights.
Stat. Auth.: ORS 653
Stats. Implemented: ORS
				  653.305
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0097 - Special Employment Situations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No minor under 16 years of age:
(a) May be employed in an occupation or type
			 of work declared hazardous by the Bureau (see OAR
			 839-021-0102);
(b) May be assigned any duties in connection
			 with an organized youth camp prior to 6 a.m. or after 10 p.m., or more than
			 eight hours per day;
(c) May be
			 employed to act as a canvasser, peddler or "outside salesperson" as defined in
			 ORS 653.010(7),
			 from house to house.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0102 - Occupations and Types of Work Declared Hazardous for Minors Under 16 Years of Age

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to OAR
			 839-021-0097(1)(a),
			 the Bureau hereby declares the following occupations and types of work to be
			 hazardous and any employment by minors under 16 years of age is hereby
			 prohibited:
(a) Baking;
(b) Blast furnaces;
(c) Breweries;
(d) Bridge operations;
(e) Briquet plants;
(f) Building cleaning (exterior);
(g) Cattle handling;
(h) Coal plants or bunkers;
(i) Cold storage plants;
(j) Commercial docks;
(k) Construction (alteration, repair,
			 painting, or demolition of buildings, bridges, and structures);
(l) Cooking (except: cooking with a gas or
			 electric grill that does not have an open flame; using a microwave to warm
			 food; or using a deep fryer that is equipped with a device that automatically
			 raises and lowers the basket);
(m)
			 Creosoting works;
(n)
			 Distilleries;
(o) Electric power
			 plants, lines;
(p) Electric light
			 plants, lines;
(q) Engineering
			 works (construction, improvement, alteration, or repair of steam plants, water
			 power plants, telephone, telegraph, or electric plants or lines or railroads,
			 streets, highways, sewers, harbors, docks, or canals);
(r) Firefighting;
(s) Foundries;
(t) Garbage works;
(u) Gas works;
(v) Grain elevators;
(w) Gravel or sand plant or bunker;
(x) Ice plants;
(y) Kitchen cleaning of equipment when the
			 surface is hotter than 100 degrees Fahrenheit, or filtering or disposing of
			 cooking oil or grease that is hotter than 100 degrees Fahrenheit;
(z) Railroads;
(aa) Land clearing (with blasting or presence
			 of heavy equipment);
(bb) Logging
			 operations;
(cc) Longshoring;
(dd) Lumber loading;
(ee) Mechanical amusements;
(ff) Milk condenseries;
(gg) Mines;
(hh) Moving buildings, bridges, and
			 structures;
(ii) Peace officer
			 work;
(jj) Powder works;
(kk) Quarries;
(ll) Reduction works;
(mm) Rock crusher;
(nn) Smelters;
(oo) Stockyards;
(pp) Surveying;
(qq) Tanneries;
(rr) Tree surgery;
(ss) Well digging and drilling;
(tt) Window cleaning (outside above ground);
(uu) Wineries;
(vv) Wood cutting, sawing.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0104 - Occupations Particularly Hazardous or Detrimental to the Health or Well-Being of Minors Under the Age of 18

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided in OAR
			 839-021-0285, an employer may
			 not employ a minor under 18 years of age in any occupation declared
			 particularly hazardous or detrimental to their health or well-being, except
			 under terms and conditions specifically set forth by rules of the Bureau.
(2) Those occupations set out in
			 Title 29 CFR, Part 570.51 to and including Part 570.68 as amended July 19, 2010
			 are hereby adopted as occupations particularly hazardous or detrimental to the
			 health and well-being of minors
			 16 and
			 17 years of age and the regulations
			 pertaining to these occupations set out in Title 29 CFR, Part 570.51 to and
			 including Part 570.68 as amended July 19, 2010 are hereby adopted and
			 incorporated by reference herein and are attached as
Appendix 1
.
Appendices referenced are available from the
				  agency.
Stat. Auth.: ORS
				  651.060(4),
				  653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013),
				  ORS 653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0106 - Occupations Involving Use of Explosives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the provisions of Title 29
			 CFR, Part 570.51 (Hazardous Occupations Order 1) pertaining to occupations in
			 or about plants or establishments manufacturing or storing explosives or
			 articles containing explosive components, no minor under the age of 18 may be
			 employed in any occupation where explosive materials are manufactured, stored,
			 or used, except in those occupations specified in subparagraphs (2) and (3) of
			 this rule.
(2) This rule does not
			 apply to the employment of minors in the following occupations:
(a) Occupations in retail establishments
			 including the storage of ammunition in gunshops, sporting goods stores,
			 building supplies and hardware stores, retail fireworks stands, and other
			 retail establishments;
(b)
			 Occupations in gun clubs, trap and skeet ranges, turkey shoots, certain
			 armories, police stations, and other such areas where only small arms
			 ammunition is being stored; and
(c)
			 Occupations performed in a "nonexplosives area" as defined in subparagraph (3)
			 below.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0170 - General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every
			 employer employing minors must maintain and preserve records containing the
			 following information and data with respect to each minor employed:
(a) Name in full, as used for social security
			 recordkeeping purposes and on the same record, the minor's identifying symbol
			 or number if such is used in place of name on any time, work or payroll
			 records;
(b) Home address,
			 including zip code;
(c) Date of
			 birth;
(d) Sex and occupation in
			 which the minor is employed (sex may be indicated by use of the prefixes Mr.,
			 Mrs., Miss or Ms.);
(e) Time of day
			 and day of week on which the minor's workweek begins;
(f) Hours worked each workday and total hours
			 worked each workweek;
(g) Date the
			 minor became employed by the employer and date employment was
			 terminated.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0175 - Records Availability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 records required to be preserved and maintained by OAR 839-021-0001 to
			 839-021-0500 shall be preserved
			 and maintained for a period of at least two years.
(2) All employers shall keep the records
			 required by OAR 839-021-0001 to
			 839-021-0500 in a safe and
			 accessible place.
(3) All records
			 required to be preserved and maintained by OAR 839-021-0001 to
			 839-021-0500 shall be made
			 available for inspections and transcription by the Bureau.
Stat. Auth.: ORS
				  651.060(4),
				  653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013),
				  ORS 653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0180 - Posting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every
			 employer required to maintain a schedule of the maximum hours of work by minors
			 under 16 years of age (see OAR
			 839-021-0170(2)(b)),
			 must post the schedule in a conspicuous place where all such minors have easy
			 access to it.
(2) Every notice
			 required by any law or rule to be posted at the employer's place of business
			 and that has applicability to the employment of minor employees must be
			 displayed in a conspicuous place where all minors have easy access to
			 them.
Stat. Auth.: ORS 653
Stats. Implemented: ORS
				  653.315(4)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0185 - Verification of Age

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The employer
			 must verify the age of all minors by requiring the minor to produce an
			 acceptable proof of age document.
(2) As used in these rules, an acceptable
			 proof of age document includes, but is not limited to:
(a) A birth certificate issued by any state,
			 county, or municipal authority;
(b)
			 A hospital record of birth;
(c) A
			 state-issued driver's license or a state-issued I.D. card with a photograph, or
			 information, including date of birth;
(d) A U.S. Military Card;
(e) A U.S. Passport;
(f) A Certificate of U.S.
			 Citizenship;
(g) A Certificate of
			 Naturalization;
(h) An unexpired
			 foreign passport with attached Employment Authorization;
(i) An Alien Registration Card with
			 photograph;
(j) A Social Security
			 Administration record indicating date of birth;
(k) A Certificate of Age issued by the U.S.
			 Department of Labor;
(l) A
			 baptismal record;
(m) Other
			 acceptable proof approved by the bureau.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0220 - Employment Certificates for the Employment of Minors 14 through 17 Years of Age

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 otherwise provided by rule, no minor 14 through 17 years of age may be employed
			 or permitted to work unless the employer:
(a)
			 Verifies the minor's age by requiring the minor to produce acceptable proof of
			 age as prescribed by these rules; and
(b) Complies with the provisions of this
			 rule.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0221 - Employment Certificates; Required Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The application form for an employment
			 certificate must include:
(a) The name and
			 address of the employer;
(b) The
			 name and address of the company representative completing the application form;
(c) An estimate of the number of
			 minors to be employed during the twelve month period covered by the
			 application;
(d) A description of
			 the duties to be performed by the minor(s);
(e) A description of the machinery or other
			 equipment to be used by the minor(s);
(f) Whether 14 and 15 year-old minors are to
			 be employed.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0246 - Employment Permits for Minors Under 14 Years of Age

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No child under 14 years of age may be
			 employed or permitted to work unless the employer has been issued a validated
			 Employment Permit by the Bureau authorizing the child to work for that
			 particular employer.
(2) A minor
			 under 14 years of age and an employer who wishes to employ the minor under the
			 provisions of ORS 653.320 must make a joint
			 application for an Employment Permit using a form available online or at any
			 office of the Bureau. Each application must include:
(a) Minor's name and residence address, and
			 the name and address of parents or legal guardian;
(b) Minor's date of birth and proof of age,
			 consisting of either a certified copy of a birth certificate, hospital
			 certificate, baptismal certificate, or other acceptable proof of age;
(c) Last grade in school completed and the
			 school currently attended and its address;
(d) Name and address of prospective employer
			 and nature of such employer's business;
(e) Amount of compensation to be
			 paid;
(f) The maximum number of
			 hours proposed to be worked on any given day, the maximum number of hours to be
			 worked in any work week, and the maximum number of days proposed to be worked
			 in any work week;
(g) A complete
			 description of the work proposed to be performed;
(h) A separate certification by the employer
			 that the minor will be continuously supervised by a responsible
			 adult.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0248 - Reports from Employers Employing Minors

Current through Register Vol. 63, No. 7, July 1, 2024
Employers employing minors shall file reports that may be
				required by the Bureau.
Stat. Auth.: ORS
				  651.060(4),
				  653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013),
				  ORS 653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0255 - Special Rules for Temporary Employment of Several Minors for a Short Duration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used
			 in this rule, unless the context requires otherwise:
(a) "Temporary employment of a short
			 duration" means employment which terminates on or by the tenth day from the
			 date of hire.
(b) "Several minors"
			 means 10 or more minors.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0265 - Employment of Minors to Act as Canvassers, Peddlers or Outside Salespersons from House to House

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Minors
			 16 and
			 17 years of age may not be employed to act as
			 a canvasser, a peddler, or an "outside salesman" as defined in ORS
			 653.010(7),
			 from house to house, unless the employer obtains and maintains a validated
			 registration certificate issued by the Bureau.
(2) To register, an employer may obtain an
			 application form from any office of the Bureau. Upon completion, the
			 application must be filed with the Child Labor Unit of the Wage and Hour
			 Division. The application form will be prescribed by the Bureau and must
			 include, but not be limited to, space for:
(a) The employer's name, permanent address,
			 and telephone number;
(b) The
			 Oregon address and telephone number if different from permanent address and
			 telephone number;
(c) A contact
			 person's name, address and telephone number;
(d) A brief history of company;
(e) A complete description of the work to be
			 performed by minors who are 16 and 17 years of age;
(f) An estimate of the ages and of the number
			 of minors 16 and
			 17 years of age that may be employed during
			 the period of certification;
(g) A
			 statement that the employer agrees to comply with the provisions of ORS
			 653.010 to
			 653.545, OAR 839-021-0001 to
			 839-021-0265 and any terms and
			 conditions specified by the Bureau;
(h) The name and address of the employer's
			 workers' compensation insurer and policy or binder number;
(i) Other information which will assure the
			 Bureau that employment of minors by the employer will be in compliance with any
			 law or rule concerning the employment of minors; and
(j) The signature of the applicant.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0276 - Employment Certificates for Minors Employed in Agriculture

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provisions
			 addressing Employment Certificates, OAR
			 839-021-0220 to
			 839-021-0221, do not apply to
			 the employment of minors in agriculture except as follows:
(a) Minors employed to operate or assist in
			 the operation of power-driven farm machinery;
(b) Minors employed to ride in or on
			 power-driven farm machinery; and
(c) Minors employed to ride in or on
			 equipment, trailers, or similar conveyances connected to power-driven farm
			 machinery for the purpose of transporting, sorting, delivering, or otherwise
			 processing farm products.
(d)
			 Employment Certificates are not required under (a), (b) or (c) if a minor is
			 employed by their parent or person standing in the place of their parent as
			 provided by OAR 839-021-0297.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0280 - Operation or Assisting in the Operation of Power-Driven Farm Machinery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 rule, "assist(ing) in the operation of power-driven farm machinery," includes
			 starting, stopping, adjusting, feeding or any other activity involving physical
			 contact associated with the operation of the machinery.
(2) Minors may not be employed to operate or
			 assist in the operation of power-driven farm machinery unless:
(a) An Employment Certificate has been issued
			 pursuant to OAR 839-021-0220; and
(b) The minor(s) has obtained a "Certificate
			 of Training" on tractor operation or tractor and machinery operation issued by
			 a 4-H Extension Service Program, or an approved secondary vocational
			 agriculture program.
(A) The employer must
			 obtain proof that the minor has a "Certificate of Training" on the operation of
			 tractors or tractors and machinery operation; and
(B) The employer must retain a copy of such
			 proof for two years from the date the minor was employed.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0282 - Riding In or On Conveyances Connected to Power-Driven Farm Machinery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A minor may not
			 be employed to ride in or on equipment, trailers or similar conveyances which
			 are connected to power-driven farm machinery for the purpose of transporting,
			 sorting, delivering or otherwise processing farm products unless:
(a) An Employment Certificate has been issued
			 pursuant to OAR 839-021-0220; or
(b) The minor(s) has obtained a "Certificate
			 of Training" issued by a 4-H Extension Service Program, or an approved
			 secondary vocational agriculture program as referred to in OAR
			 839-021-0280(2)(b).
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0285 - Compliance with Other Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Employers employing minors in agriculture shall comply, unless
				specifically excluded by ORS
				653.305 to
				653.370 or these rules, with all
				rules pertaining to the employment of minors, including, but not limited
				to:
(1) Rules pertaining to rest
			 periods (OAR 839-021-0072);
(2) Rules pertaining to meal periods (OAR
			 839-021-0072);
(3) Rules pertaining to working conditions
			 and weight lifting (OAR
			 839-021-0087 and
			 839-021-0092);
(4) Rules pertaining to hazardous occupations
			 for minors under 16 years of age (OAR
			 839-021-0102);
(5) Rules pertaining to hazardous occupations
			 for minors between 16 and 18 years of age (OAR
			 839-021-0104);
(6) Notwithstanding the provisions of
			 subsection (5) of this rule and the provisions of
Title 29 CFR, Part
			 570.52
, minors
			 16 and
			 17 years of age employed in agriculture as
			 defined in OAR 839-021-0006(1)
			 may be employed as motor-vehicle drivers and outside helpers.
Stat. Auth.: ORS 653.252
Stats. Implemented: ORS
				  653.305
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0287 - Agricultural Warehouses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Minors
			 under 16 years of age may not be employed in any room or place in an
			 agricultural warehouse where power-driven machinery is used to process
			 agricultural commodities.
(2)
			 Minors 16 and
			 17 years of age may be employed to operate or
			 assist in the operation of power-driven machinery in an agricultural warehouse
			 provided:
(a) The employment is in connection
			 with the processing of the agricultural commodity produced by the farmer for
			 whom the minor is employed; and
(b)
			 The employment is performed on the farm and for the farmer for whom the minor
			 is employed; and
(c) The minor has
			 been trained in the safe operation of the machinery as required by this
			 rule.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON › Section 839-021-0290 - Permitted Hours of Work of Minors under 16 Years of Age in Agriculture

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Minors under 16
			 years of age may not be employed to work in agriculture while the school they
			 attend is in session. As used in this rule, school is in session during the
			 hours set by the school district in which the minor resides while employed in
			 agriculture in accordance with the official school calendar of the district. A
			 school week is any week in which school is in session for at least three
			 days.
(2) The hours of work by
			 minors in agriculture under 16 years of age may not exceed:
(a) Three hours a day on school
			 days;
(b) Ten hours a day on
			 non-school days;
(c) 25 hours a
			 week during school weeks;
(d) From
			 the last day of the most recently completed school year of the school district
			 in which the minor resides while employed in agriculture to the first day of
			 the school year immediately following the most recently completed school year
			 of the district in which the minor resides while employed in agriculture:
(A) Ten hours per day; and
(B) 60 hours per week.
(e) Six days in any week at any
			 time.