Occupational Safety and Health

ORS 654.991
Penalties


(1)

Subject to ORS 153.022 (Authority of agency to specify rule violation as particular level of violation), any employer who willfully violates any provision of, or any regulation, rule, standard or order promulgated pursuant to, 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), and that violation is found to have caused or materially contributed to the death of any employee, shall, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than six months, or by both; except that if the conviction is for a violation committed after a first conviction of such person, punishment shall be by a fine of not more than $20,000 or by imprisonment for not more than one year, or by both. For the purposes of this subsection, a violation is willful if it is committed knowingly by an employer or supervisory employee who, having a free will or choice, intentionally or knowingly disobeys or recklessly disregards the requirements of a regulation, rule, standard or order. ORS 161.085 (Definitions with respect to culpability) shall apply to terms used in this section.

(2)

Any person who gives advance notice of any inspection to be conducted 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), without authority from the Director of the Department of Consumer and Business Services or the designees of the director, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both.

(3)

Whoever knowingly makes a false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to 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, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than six months, or by both.

(4)

Punishment under this section does not affect or lessen the civil liability of the offender. [1973 c.833 §38 (enacted in lieu of 654.990); 1977 c.455 §1; 1999 c.1051 §321]_______________

See annotations under ORS 654.990 in permanent edition.

Chapter 654

Notes of Decisions

An administrative regulation requires Accident Prevention Division to prove reasonableness of civil penalty imposed for violation of Oregon State Employment Act. Accident Prevention Div. v. Sunrise Seed, 26 Or App 879, 554 P2d 550 (1976)

Accident Prevention Division rule allowing citation for "repeat violation" of division's safety standards while prior citation is contested and not yet upheld by final order is within agency's authority to promulgate rules consistent with purpose of Act to assure as far as possible safe and healthful working conditions. Accident Prevention Div. v. Hoffman Construction, 64 Or App 73, 667 P2d 543 (1983)

Atty. Gen. Opinions

Inapplicability of occupational safety and health laws to inmates in prison work programs, (1996) Vol 48, p 134


Source

Last accessed
Jun. 26, 2021