OAR 839-014-0035
Definitions for Regulations Pertaining to Farmworker Camp Operations

As used in ORS 658.705 (Definitions for ORS 658.705 to 658.850) to 658.850 (Civil penalties), and in these rules unless the context requires otherwise:

(1)

“Applicant” means an individual who proposes to operate a farmworker camp and who is applying for a camp operator indorsement.

(2)

“Bureau” means the Bureau of Labor and Industries.

(3)

“Commissioner” means the Commissioner of the Bureau of Labor and Industries or designee.

(4)

“Director” means the Director of the Department of Consumer and Business Services.

(5)

“Division” means the Oregon Occupational Safety and Health Division.

(6)

“Farm labor contractor” has the same meaning as that provided in ORS 658.405 (Definitions for ORS 658.405 to 658.511) and the rules adopted thereunder.

(7)

“Farm-worker camp” means any place or area of land where sleeping places, mobile home sites or other housing is provided by a farmer, farm labor contractor, employer or any other person in connection with the recruitment or employment of workers to work in the production and harvesting of farm crops or in the reforestation of lands, as described in ORS 658.405 (Definitions for ORS 658.405 to 658.511). “Farm-worker camp” does not include:

(a)

A single, isolated dwelling occupied solely by members of the same family, or by five or fewer unrelated individuals; or

(b)

A hotel or motel which provides housing with the same characteristics on a commercial basis to the general public on the same terms and conditions as housing is provided to such workers.

(8)

“Farm-worker camp operator,” except as otherwise provided in these rules, means any person who operates a farmworker camp and who is required to obtain a farm labor contractor license with an indorsement as provided in ORS 658.730 (Farm labor contractor indorsement to operate farmworker camp). In determining who is a farmworker camp operator, the Bureau will consider the farm worker camp operator to be the person who, as a practical matter, exercises the ultimate right to determine terms and conditions of occupancy of the camp and who controls its maintenance and operation.

(9)

“Forestation or reforestation of lands” includes, but is not limited to:

(a)

The planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings;

(b)

The clearing, piling and disposal of brush and slash; and

(c)

Other activities related to the forestation or reforestation of lands, including, but not limited to, tree shading, pinning, tagging, or staking; fire trail construction and maintenance; slash burning and mop up; mulching of tree seedlings; and any activity related to the growth of trees and tree seedlings and the disposal of debris from the land.

(10)

“Indorsee” means a farm labor contractor licensed under ORS 658.410 (Labor contractor license requirement) who has obtained a camp indorsement.

(11)

“Production and harvesting of farm products” includes, but is not limited to, the cultivation and tillage of the soil, the production, cultivation, growing and harvesting or any agricultural commodity and the preparation for and delivery to market of any such commodity.

(12)

“Substantial ownership interest in real property” means at least a thirty percent share of the interest in the property.

(13)

“Violation” means a transgression of any statute or rule, or any part thereof and includes both acts and omissions.

(14)

“Worker” has the same meaning as that which appears in OAR 839-015-0004 (Definitions for Regulations Pertaining to Labor Contractors)(13).

Source: Rule 839-014-0035 — Definitions for Regulations Pertaining to Farmworker Camp Operations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-014-0035.

839‑014‑0020
Notice of Proposed Rules 839‑014‑0035
Definitions for Regulations Pertaining to Farmworker Camp Operations 839‑014‑0040
Character, Competence and Reliability 839‑014‑0050
Camp Operators Must Obtain Indorsement 839‑014‑0060
Exemptions from Farmworker Camp Licensing Requirements 839‑014‑0075
Issuance of Indorsement 839‑014‑0085
Use of Certain Agents Prohibited/Evidence of Sham or Subterfuge 839‑014‑0090
Procedure for Obtaining an Indorsement 839‑014‑0100
Procedure for Obtaining a Duplicate Indorsement 839‑014‑0105
Procedure for Renewing Indorsement 839‑014‑0170
Scope of Examinations 839‑014‑0175
Examination Requirements 839‑014‑0178
Grading of Examinations/Notice of Score 839‑014‑0180
Review of Examinations 839‑014‑0185
Re-Examination 839‑014‑0190
Substitution of Oregon Examination 839‑014‑0195
Alternative Methods of Examination 839‑014‑0200
Proof Required/Forms to Be Used for Bonds and Deposits 839‑014‑0210
Amount of Bond or Deposit to Be Filed 839‑014‑0220
Deposit in Cash or Negotiable Securities 839‑014‑0250
Protesting the Issuance of an Indorsement 839‑014‑0260
Procedure for Filing Protest 839‑014‑0310
Records Required to Be Made and Maintained by Farmworker Camp Operator 839‑014‑0320
Records Availability 839‑014‑0350
Camp Operator to Post Notice of Compliance with Bond Requirements 839‑014‑0360
Camp Operator to Post Indorsement 839‑014‑0380
Action Against the Bond or Deposit 839‑014‑0400
Definitions for Civil Penalties 839‑014‑0410
Violations Separate and Distinct 839‑014‑0420
Violations for Which a Civil Penalty May Be Imposed 839‑014‑0430
Criteria for Determining a Civil Penalty 839‑014‑0440
Schedule of Civil Penalties 839‑014‑0450
Suspension of Civil Penalty 839‑014‑0470
Denying, Suspending, Revoking or Refusing to Renew or Issue a License Indorsement 839‑014‑0500
Immediate Suspension or Refusal to Renew a License Indorsement 839‑014‑0600
Definitions for Regulations Pertaining to Employee Access to a Telephone in a Farmworker Camp 839‑014‑0610
Emergency Access to Telephone 839‑014‑0620
Other Access to Telephone 839‑014‑0630
Waiver from Telephone Requirement
Last Updated

Jun. 8, 2021

Rule 839-014-0035’s source at or​.us