ORS 654.174¹
Sanitation facilities for workers harvesting food crops
  • employer to post notice
  • rules

(1) Employers of workers who are engaged in field activities for the growing and harvesting of food crops intended for human consumption shall provide for such workers at convenient locations, and in accordance with such rules as the Director of the Department of Consumer and Business Services may prescribe:

(a) Toilet facilities that are maintained in clean and sanitary condition, of such design and construction as to provide privacy and to prevent crop contamination and, where practicable, one toilet for each sex.

(b) Handwashing facilities that provide clean water, soap or other suitable cleansing agent, paper towels and a method for disposal of used towels and wash water to avoid crop contamination.

(c) Clean, potable drinking water served in a sanitary manner, which may include but is not limited to containers with spigots and tight fitting lids and disposable cups sufficient in number for each worker.

(2) Every employer required to comply with subsection (1) of this section shall keep conspicuously posted a notice describing the requirements of that subsection and advising where complaints may be filed. The notice must be in the English language and in the language spoken by the majority of the employees.

(3) The director shall promulgate rules to implement subsections (1) and (2) of this section which shall not be less protective than the rules on those subjects that are operative on July 9, 1985. [1985 c.423 §§2,3,5]

Notes of Decisions

Safety codes under Oregon Safe Employ­ment Act apply to all work places and not only to work places covered by Employer Liability Law. Miller v. Ga.-Pacific, 294 Or 750, 662 P2d 718 (1983)

Viola­tion of Workers' Compensa­tion Depart­ment rule resulting in injury to nonemploye is not negligence per se, but it does not follow that rule is irrelevant to determina­tion of due care in case grounded in common law negligence. Shahtout v. Emco Garbage Co., 298 Or 598, 695 P2d 897 (1985)

Where right of ac­tion for injuries exists resulting from viola­tion of Oregon Safe Employ­ment Act, right belongs only to employee whom Act directly protects not "indirect" employee. Flores v. Metro Machinery Rigging, Inc., 99 Or App 636, 783 P2d 1024 (1989), Sup Ct review denied

Referee did not err in finding employer in viola­tion of rule requiring workers to be "properly...supervised" where employee killed in accident was skilled and experienced supervisor working with two other supervisors during strike, but none of the three was in charge. Accident Preven­tion Div. v. Roseburg Forest Prod., 106 Or App 69, 806 P2d 172 (1991)

Whether identity of complainant falsely reporting viola­tion is subject to disclosure under Oregon public records law (ORS 192.410 (Definitions for ORS 192.410 to 192.505) et seq.) depends on complainant's good or bad faith in making complaint. Hood Technology Corp. v. Oregon Occupa­tional Safety and Health Division, 168 Or App 293, 7 P3d 564 (2000)

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

1 Legislative Counsel Committee, CHAPTER 654—Occupational Safety and Health, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­654.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 654, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­654ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information