ORS 654.071
Citation for safety or health standard violations

  • effect of failure to correct violation
  • posting of citations and notices by employer

(1)

If the Director of the Department of Consumer and Business Services or an authorized representative of the director has reason to believe, after inspection or investigation of a place of employment, that an employer has violated any state occupational safety or health law, regulation, standard, rule or order, the director or the authorized representative shall with reasonable promptness issue to such employer a citation, and notice of proposed civil penalty, if any, to be assessed under this chapter, and fix a reasonable time for correction of the alleged violation.

(2)

Each citation and notice required by subsection (1) of this section shall be in writing, shall be mailed to or served upon the employer or a registered agent of the employer, and shall contain:

(a)

The date and place of the alleged violation;

(b)

A plain statement of the facts upon which the citation is based;

(c)

A reference to the law, regulation, rule, standard or order relied upon;

(d)

The amount, if any, of the proposed civil penalty;

(e)

The time, if any, fixed for the correction of the alleged violation;

(f)

Notice of the employer’s right to contest the citation, the proposed civil penalty and the period of time fixed for correction of the alleged violation; and

(g)

Notice of any affected employee’s right to contest the period of time fixed for correction of the alleged violation.

(3)

No citation or notice of proposed civil penalty may be issued under this section after the expiration of 180 days following the start of the inspection or investigation, but this shall not prevent the issuance, at any time, of an order to correct that violation or the issuance of a citation for a subsequent violation.

(4)

If the director has reason to believe that an employer has failed to correct a violation within the period of time fixed for correction, or within the time fixed in a subsequent order granting an extension of time to correct the violation, the director shall consider such failure as a separate and continuing violation and shall issue a citation and notice of proposed civil penalty, if any, to be assessed pursuant to ORS 654.086 (Civil penalty for violations) (1)(d).

(5)

The director may prescribe procedures for the issuance of a notice in lieu of citation to inform an employer and employees of a minimal violation that has no direct or immediate relationship to occupational safety or health.

(6)

Each citation and notice, or copies thereof, issued under ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act), 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault) and 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) shall be posted by the employer, immediately upon receipt, in a conspicuous manner in a sufficient number of locations in the place or places of employment to reasonably inform employees of such citation and notice.

(7)

Notwithstanding any other provision of this section, the director or authorized representative of the director shall deliver to the operator of a farm labor camp a copy of any notice, evaluation report or citation resulting from the inspection. [1973 c.833 §17; 1981 c.696 §4; 1999 c.72 §1; 1999 c.1017 §4]

Source: Section 654.071 — Citation for safety or health standard violations; effect of failure to correct violation; posting of citations and notices by employer, https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html.

Notes of Decisions

Authority to issue citation and notice for discovered violation is not linked to or limited by purpose of inspection that uncovered violation. Oregon Occupational Safety and Health Division v. Fall Creek Logging Co., 137 Or App 506, 905 P2d 241 (1995)

For purpose of time limit on issuance of citation or notice, director’s knowledge that violation has occurred must be actual, not constructive. Oregon Occupational Safety v. Port of Portland, 141 Or App 467, 918 P2d 448 (1996)

654.001
Short title 654.003
Purpose 654.005
Definitions 654.010
Employers to furnish safe place of employment 654.015
Unsafe or unhealthy place of employment prohibited 654.020
Interference with safety devices or methods prohibited 654.022
Duty to comply with safety and health orders, decisions and rules 654.025
Jurisdiction and supervision of Workers’ Compensation Board, director and other state agencies over employment and places of employment 654.031
Citation and order to correct unsafe or unhealthy conditions 654.035
Scope of rules and orders 654.056
Variance from safety or health standards 654.062
Notice of violation to employer by worker 654.067
Inspection of places of employment 654.071
Citation for safety or health standard violations 654.078
Contesting violations 654.082
Prohibiting use of equipment involved in violation 654.086
Civil penalty for violations 654.090
Occupational safety and health activities 654.097
Consultative services required 654.101
Voluntary safety and health consultation 654.120
Records of proceedings 654.130
Proceedings against unwilling witnesses 654.150
Sanitary facilities at construction projects 654.160
Applicability of ORS 654.150 to be included in construction contracts 654.165
Employees not required to work bare-handed or rubber-gloved on high voltage lines 654.170
Stairway railings and guards not required for certain public and historic buildings 654.172
Exemption from inspection or investigation for certain agricultural activities 654.174
Sanitation facilities for workers harvesting food crops 654.176
Safety committee or safety meeting required 654.182
Rules for ORS 654.176 654.189
Safe Employment Education and Training Advisory Committee 654.191
Occupational Safety and Health Grant program 654.192
Labor organization not liable for injury resulting from absence of safety or health provision 654.196
Rules on contents of piping systems 654.200
Scholarship account 654.202
Issuance of warrants for safety and health inspections 654.206
Grounds for issuance of inspection warrants 654.212
Procedure for issuance of inspection warrant by magistrate 654.216
Execution of inspection warrants 654.251
Assistance to director from other state agencies 654.285
Admissibility of rules and orders of department in evidence in proceedings under ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 654.290
Applicability of Administrative Procedures Act 654.293
Representation of employer by attorney permitted 654.295
Application of Oregon Safe Employment Act 654.305
Protection and safety of persons in hazardous employment generally 654.310
Places of employment 654.315
Persons in charge of work to see that ORS 654.305 to 654.336 are complied with 654.320
Who considered agent of owner 654.325
Who may prosecute damage action for death 654.330
Fellow servant negligence as defense 654.336
Comparative negligence 654.345
Safety standards for utility vehicle rentals 654.400
Use of title of industrial hygienist, occupational health and safety technologist, construction health and safety technician or safety professional 654.402
Activities permitted under other designation, certification or license 654.412
Definitions for ORS 654.412 to 654.423 654.413
Required policies regarding surgical smoke 654.414
Duties of health care employer 654.416
Required records of assaults against employees 654.418
Protection of employee of health care employer after assault by patient 654.421
Refusal to treat certain patients by home health care employee 654.423
Use of physical force by health care employee in self-defense against assault 654.715
Report of accidents to Public Utility Commission 654.720
Public inspection or use of reports as evidence prohibited 654.750
Definitions for ORS 654.750 to 654.780 654.760
Rules on hazardous chemicals, safety equipment and training 654.770
Basic information available to agricultural employers for employees 654.780
Providing basic information to employees 654.991
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 654.071’s source at oregon​.gov