ORS 654.330
Fellow servant negligence as defense


In all actions brought to recover from an employer for injuries suffered by an employee, the negligence of a fellow servant shall not be a defense where the injury was caused or contributed to by any of the following causes:

(1)

Any defect in the structure, materials, works, plant or machinery of which the employer or the agent of the employer could have had knowledge by the exercise of ordinary care.

(2)

The neglect of any person engaged as superintendent, manager, foreman or other person in charge or control of the works, plant, machinery or appliances.

(3)

The incompetence or negligence of any person in charge of, or directing the particular work in which the employee was engaged at the time of the injury or death.

(4)

The incompetence or negligence of any person to whose orders the employee was bound to conform and did conform and by reason of having conformed thereto the injury or death resulted.

(5)

The act of any fellow servant done in obedience to the rules, instructions or orders given by the employer or any other person who has authority to direct the doing of said act.

Source: Section 654.330 — Fellow servant negligence as defense, https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html.

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
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