ORS 654.005
Definitions

As used in this chapter, unless the context requires otherwise:

(1)

“Board” means the Workers’ Compensation Board created by ORS 656.712 (Workers’ Compensation Board).

(2)

“Department” means the Department of Consumer and Business Services.

(3)

“Director” means the Director of the Department of Consumer and Business Services.

(4)

“Employee” includes:

(a)

Any individual, including a minor whether lawfully or unlawfully employed, who engages to furnish services for a remuneration, financial or otherwise, subject to the direction and control of an employer.

(b)

Salaried, elected and appointed officials of the state, state agencies, counties, cities, school districts and other public corporations.

(c)

Any individual who is provided with workers’ compensation coverage as a subject worker pursuant to ORS chapter 656, whether by operation of law or by election.

(5)

“Employer” includes:

(a)

Any person who has one or more employees.

(b)

Any sole proprietor or member of a partnership who elects workers’ compensation coverage as a subject worker pursuant to ORS 656.128 (Sole proprietors, limited liability company members, partners, independent contractors may elect coverage by insurer).

(c)

Any successor or assignee of an employer. As used in this paragraph, “successor” means a business or enterprise that is substantially the same entity as the predecessor employer according to criteria adopted by the department by rule.

(6)

“Owner” means every person having ownership, control or custody of any place of employment or of the construction, repair or maintenance of any place of employment.

(7)

“Person” means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, any organized group of persons, the state, state agencies, counties, municipal corporations, school districts and other public corporations or subdivisions.

(8)

Intentionally left blank —Ed.

(a)

“Place of employment” includes:

(A)

Every place, whether fixed or movable or moving, whether indoors or out or underground, and the premises and structures appurtenant thereto, where either temporarily or permanently an employee works or is intended to work; and

(B)

Every place where there is carried on any process, operation or activity related, either directly or indirectly, to an employer’s industry, trade, business or occupation, including a labor camp, wherever located, provided by an employer for employees or by another person engaged in providing living quarters or shelters for employees.

(b)

“Place of employment” does not include:

(A)

Any place where the only employment involves nonsubject workers employed in or about a private home; and

(B)

Any corporate farm where the only employment involves the farm’s family members, including parents, spouses, sisters, brothers, daughters, sons, daughters-in-law, sons-in-law, nieces, nephews or grandchildren. [Amended by 1973 c.833 §4; 1975 c.102 §2; 1977 c.804 §34; 1987 c.373 §30; 1993 c.744 §17; 1999 c.433 §1; 2007 c.612 §1]

Source: Section 654.005 — Definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html.

Notes of Decisions

Where vehicle fits within definition of “place of employment” because it is place where activity related to employer’s business is carried on and defendant holds record title to the vehicle and would retain ownership of it after lease expired, defendant was “owner” under Oregon Safe Employment Act. Moe v. Beck, 100 Or App 177, 785 P2d 781 (1990), aff’d 311 Or 499, 815 P2d 692 (1991)

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

§ 654.005’s source at oregon​.gov