2015 ORS 654.120¹
Records of proceedings
  • confidentiality of certain information
  • federal reporting requirements
  • rules

(1) The Department of Consumer and Business Services shall maintain, for a reasonable time, records of all inspections, investigations, employee complaints, employer reports, citations, hearings, proceedings and any other matters necessary for achieving the purposes of 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 home 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).

(2) Each employer shall keep records, in the manner prescribed by the Director of the Department of Consumer and Business Services, of work-related deaths and serious injuries and illnesses, and of such other relevant occupational safety and health matters as are reasonably necessary for achieving the purposes of 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 home 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). Each employer shall notify the director forthwith of the work-related death of any employee of the employer, and shall make such other reports as the director may reasonably prescribe by rule or order.

(3) All information reported to or otherwise obtained by the department in connection with any matter or proceeding 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 home 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) which contains or which might reveal a trade secret referred to in section 1905, title 18, United States Code, shall be considered confidential for the purposes of that section, except that such information may be disclosed to other officers or employees of the department or other agencies concerned with carrying out their duties 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 home 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) or when relevant in any proceeding 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 home 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) or under 654.991 (Penalties). In any such matter or proceeding the department, the other state agency, the Administrative Law Judge, the Workers Compensation Board or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.

(4) The director will make reports to the Secretary of Labor of the United States in such form and containing such information as the Secretary of Labor shall from time to time require pursuant to the Occupational Safety and Health Act of 1970 (Public Law 91-596).

(5) Nothing contained in 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 home 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 relieve an employer from making such reports to the Secretary of Labor of the United States as may be required by federal law. [1973 c.833 §23; 1977 c.804 §40]

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 complainants 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 divisions safety standards while prior cita­tion is contested and not yet upheld by final order is within agencys 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/­ors654.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 654, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano654.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.