Protection and safety of persons in hazardous employment generally
Source:
Section 654.305 — Protection and safety of persons in hazardous employment generally, https://www.oregonlegislature.gov/bills_laws/ors/ors654.html.
Notes of Decisions
To recover under Employer’s Liability Act against person other than injured worker’s employer, injured worker must establish that defendant had actual charge of plaintiff’s work or had right to control manner in which plaintiff performed that work or that defendant and plaintiff’s employer were engaged in work on common enterprise. Torres v. US National Bank of Oregon, 65 Or App 207, 670 P2d 230 (1983), Sup Ct review denied; Quackenbush v. PGE, 134 Or App 111, 894 P2d 535 (1995), Sup Ct review denied; Moe v. Eugene Zurbrugg Construction Co., 202 Or App 577, 123 P3d 338 (2005)
Where plaintiff suffered on-the-job injury alleging employe of defendant was negligent in connection with accident and alleges defendant is his “indirect employer” for purposes of Employer’s Liability Act, defendant and employe sent to advise and assist had no responsibility for safety of equipment or plaintiff’s job safety and trial court did not err in directing verdict for defendant. Fortney v. Crawford Door Sales Corp., 97 Or App 276, 775 P2d 910 (1989)
Defendant supplier of scaffold which caused plaintiff’s worker’s injury was not subject to Employer’s Liability Act where defendant retained no control over scaffold or its use and had no connection with plaintiff’s job activity after bringing scaffold to job site. Steiner v. Beaver State Scaffolding Equipment Co., 97 Or App 453, 777 P2d 965 (1989)
“Public” includes worker whose employer is engaged in common enterprise with in-charge third party. Trout v. Liberty Northwest Ins. Corp., 154 Or App 89, 961 P2d 235 (1998)
Person who is not direct employer of plaintiff is liable under Employer Liability Law if person: (1) engages with direct employer in common enterprise; (2) retains right to control manner or method in which risk-producing activity is performed; or (3) actually controls manner or method in which risk-producing activity is performed. Cortez v. Nacco Materials Handling Group, 248 Or App 435, 274 P3d 202 (2012), aff’d 356 Or 254, 337 P3d 111 (2014)
Person is engaged in common enterprise with direct employer of plaintiff when: (1) operations of person are integral to or component part of work; (2) work involves risk or danger to employees or public; (3) person has adopted plaintiff as employee or allowed intermingling of work performed by employees and plaintiff; and (4) person has charge of, or responsibility for, activity or instrumentality that caused plaintiff’s injury. Cortez v. Nacco Materials Handling Group, 248 Or App 435, 274 P3d 202 (2012), aff’d 356 Or 254, 337 P3d 111 (2014)
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