ORS 654.086
Civil penalty for violations

  • classification of violations
  • payment and disposition of penalty moneys

(1)

The Director of the Department of Consumer and Business Services or the authorized representative of the director has the authority to assess civil penalties as provided by this section for violation of the requirements of a state occupational safety or health statute or the lawful rules, standards or orders adopted under the statute. In setting maximum penalties, the director or the director’s representative shall consider, but may not exceed, the maximum penalties under the federal Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

(a)

Any employer who receives a citation for a serious violation of such requirements shall be assessed a civil penalty of not less than $50.

(b)

Any employer who receives a citation for a violation of such requirements, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty.

(c)

Any employer who willfully or repeatedly violates such requirements may be assessed a civil penalty of not less than the minimum penalty under the federal Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

(d)

Any employer who receives a citation, as provided in ORS 654.071 (Citation for safety or health standard violations) (4), for failure to correct a violation may be assessed a civil penalty for each day during which the violation continues.

(e)

Any employer who knowingly makes any false statement, representation or certification regarding the correction of a violation shall be assessed a civil penalty of not less than $100.

(f)

Any employer who violates any of the posting requirements, as prescribed 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), may be assessed a civil penalty for each violation.

(g)

Any person who violates the provisions of ORS 654.082 (Prohibiting use of equipment involved in violation) (2) or (3) shall be assessed a civil penalty of not less than $100 for each violation.

(h)

Notwithstanding paragraph (b) of this subsection, an employer who substantially fails to comply with ORS 654.174 (Sanitation facilities for workers harvesting food crops) (1) shall be assessed a civil penalty of not less than $250 for each violation.

(i)

Any insurer or self-insured employer who violates any provision of ORS 654.097 (Consultative services required), or any rule or order carrying out ORS 654.097 (Consultative services required), shall be assessed a civil penalty. Each violation, or each day a violation continues, shall be considered a separate offense.

(2)

For the purposes 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) a serious violation exists in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

(3)

When an order assessing a civil penalty becomes final by operation of law or on appeal, unless the amount of penalty is paid within 20 days after the order becomes final, it constitutes a judgment and may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the person incurring the penalty and the amount of the penalty in the County Clerk Lien Record. The penalty provided in the order so recorded shall become a lien upon the title to any interest in property owned by the person against whom the order is entered, and execution may be issued upon the order in the same manner as execution upon a judgment of a court of record.

(4)

Except as provided in subsection (5) of this section, civil penalties collected 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 paid into the Consumer and Business Services Fund.

(5)

Civil penalties assessed under this section for a violation of ORS 658.750 (Camp operator registration) shall be credited to the Agricultural Worker Housing Development Account of the Oregon Housing Fund. [1973 c.833 §21 (enacted in lieu of 654.050); 1981 c.696 §5; 1983 c.696 §22; 1985 c.423 §4; 1987 c.884 §56; 1989 c.962 §20; 1991 c.67 §159; 1991 c.570 §1; 1991 c.640 §2; 1995 c.640 §1; 2001 c.310 §4; 2007 c.432 §2; 2017 c.238 §2; 2021 c.525 §25 ]

Source: Section 654.086 — Civil penalty for violations; classification of violations; payment and disposition of penalty moneys, https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html.

See also annotations under ORS 654.050 in permanent edition.

Notes of Decisions

A jury trial is not required by Art. I, §17 of the Oregon Constitution for the imposition of a penalty imposed under this section. Accident Prevention Div. v. No. Am. Contractors, Inc., 22 Or App 614, 540 P2d 391 (1975)

Where monetary penalties assessed for violations under this section were within statutory limits, court was without power to redetermine assessment. Accident Prevention Division v. Van Eyk, 31 Or App 1355, 572 P2d 671 (1977), Sup Ct review denied

Under rules adopted by Accident Prevention Division under this section, hearings referee has no authority to impose penalties less than those required by rules. Accident Prevention Div. v. Asana, 110 Or App 103, 821 P2d 432 (1991)

Assessment of employer’s exercise of reasonable diligence requires consideration of (1) time of violation; (2) employer’s proximity to and opportunity to witness violation; (3) foreseeability of violation; (4) general circumstances of, and level of danger inherent in, work; (5) potential need for continuous supervision of employee; (6) nature and extent of employer’s other duties; (7) employee’s training and experience; and (8) extent and efficacy of employer’s safety programs. Oregon Occupational Safety and Health Division v. CBI Services, Inc., 254 Or App 466, 295 P3d 660 (2013), aff’d on other grounds, 356 Or 577, 341 P3d 701 (2014)

Under this section, whether employer “did not, and could not with the exercise of reasonable diligence, know of the presence of the violation” refers to what employer was capable of knowing or discovering under circumstances. Oregon Occupational Safety and Health Division v. CBI Services, Inc., 356 Or 577, 341 P3d 701 (2014)

Whether employer exercised “reasonable diligence” as used in phrase “could not with the exercise of reasonable diligence, know of the presence of the violation” is determination for agency to evaluate with specific factors. Oregon Occupational Safety and Health Division v. CBI Services, Inc., 356 Or 577, 341 P3d 701 (2014)

Agency must show why employer could, with exercise of reasonable diligence, have been aware of violation that agency inspector observed. Oregon Occupational Safety & Health Division v. CBI Services, Inc., 294 Or App 831, 432 P3d 321 (2018)

Law Review Citations

26 WLR 393 (1990)

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

§ 654.086’s source at oregon​.gov