ORS 654.078
Contesting violations

  • hearing
  • admissibility in criminal or civil proceedings of stipulations involving violations

(1)

An employer may contest a citation, a proposed assessment of civil penalty and the period of time fixed for correction of a violation, or any of these, by filing with the Department of Consumer and Business Services, within 30 days after receipt of the citation, notice or order, a written request for a hearing before the Workers’ Compensation Board. Such a request need not be in any particular form, but shall specify the alleged violation that is contested and the grounds upon which the employer considers the citation or proposed penalty or correction period unjust or unlawful.

(2)

An affected employee or representative of such employees may contest the time fixed for correction of a violation by filing with the department, within 30 days after the receipt by the employer of the citation, notice or order which fixes such time for correction, a written request for a hearing before the board. Such a request need not be in any particular form, but shall specify the violation in question and the grounds upon which the employee considers the correction period to be unreasonable.

(3)

A hearing on any question relating to the validity of a citation or the proposed civil penalty to be assessed therefor shall not be granted unless a request for hearing is filed by the employer within the period specified in subsection (1) of this section. If a request for hearing is not so filed, the citation and the assessment of penalty as proposed shall be a final order of the department and shall not be subject to review by any agency or court.

(4)

A hearing relating to the reasonableness of the time prescribed for the correction of a violation shall not be granted, except for good cause shown, unless a request for hearing is filed within the period specified in subsections (1) and (2) of this section. If a request for hearing is not so filed the time fixed for correction of the violation shall be a final order of the department and shall not be subject to review by any agency or court.

(5)

Where an employer contests, in good faith and not solely for delay or avoidance of penalties, the period of time fixed for correction of a nonserious violation, such period of time shall not run between the date the request for hearing is filed and the date the order of the department becomes final by operation of law or on appeal.

(6)

Where an employer or employee contests the period of time fixed for correction of a serious violation, any hearing on that issue shall be conducted as soon as possible and shall take precedence over other hearings conducted by the board under the provisions of 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).

(7)

Where informal disposition of a contested case is made by stipulation, agreed settlement or a consent order, such stipulation, settlement or order shall not be pleaded or admissible in evidence as an admission or confession in any criminal prosecution or in any other civil proceeding that may be instituted against the employer, except in the case of a civil proceeding brought to enforce such stipulation, settlement or order. [1973 c.833 §18 (enacted in lieu of 654.055); 1977 c.804 §38; 2007 c.432 §1]

Source: Section 654.078 — Contesting violations; hearing; admissibility in criminal or civil proceedings of stipulations involving violations, https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html.

Notes of Decisions

Board is not authorized to grant attorney fees to prevailing party. Oregon Occupational Safety v. Don Whitaker Logging, 123 Or App 498, 861 P2d 368 (1993), Sup Ct review denied

Where agency fails to substantially comply with procedural requirements, citation can be dismissed without demonstrating that procedural irregularity resulted in prejudice to employer. Oregon Occupational Safety v. Ostlie, 136 Or App 284, 902 P2d 580 (1995)

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

§ 654.078’s source at oregon​.gov