OAR 839-004-0016
Scope of Protection under ORS 654.062(5)

(1)

ORS 654.062 (Notice of violation to employer by worker)(5) prohibits discrimination against an employee or prospective employee (“individual”) because the individual:

(a)

Made any complaint or instituted or caused to be instituted any proceeding under or related to the Oregon Safe Employment Act (OSEA);

(b)

Testified or is about to testify in any such proceeding;

(c)

Exercised on behalf of the individual or others any right afforded by OSEA;

(d)

Engaged in a practice provided for by OSEA; or

(e)

Opposed any practice prohibited by OSEA or which the individual in good faith believed was prohibited by OSEA; or

(f)

Is perceived to take any actions described in subsections (a) through (e) of this rule.

(2)

ORS 654.062 (Notice of violation to employer by worker)(5) does not state to whom or in what manner an individual must oppose a practice in order to be protected from discrimination. Protected actions include the individual communicating opposition to practices prohibited by OSEA or which the individual in good faith believes are prohibited by OSEA to anyone, including but not limited to:

(a)

Coworkers;

(b)

Employers; and

(c)

Newspapers and other media.

(3)

The protection of ORS 654.062 (Notice of violation to employer by worker)(5) for opposing practices does not generally extend to an individual refusing to work or walking off the job. However, an individual would have protection under ORS 654.062 (Notice of violation to employer by worker)(5) for such actions if the individual has reasonable cause to believe that:

(a)

The work, work area, equipment or other factors pose an imminent risk of serious injury or death due to hazardous conditions not inherent in the job;

(b)

There is insufficient time or opportunity, or it would be futile for the individual to inform the employer of the risk factors and request that the employer address them because the employer is not available or denies the risk factors exist or refuses to address the risk factors; and

(c)

There is insufficient time or opportunity to seek assistance from regulatory enforcement authorities.

(4)

ORS 654.062 (Notice of violation to employer by worker)(5) does not protect an employee who refuses to comply with OSEA or the employer’s legitimate safety rules.

Source: Rule 839-004-0016 — Scope of Protection under ORS 654.062(5), https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-004-0016.

Last Updated

Jun. 8, 2021

Rule 839-004-0016’s source at or​.us