ORS 654.400¹
Use of title of industrial hygienist, occupational health and safety technologist, construction health and safety technician or safety professional
  • cause of action

(1) No person may purport to be:

(a) A certified industrial hygienist or use the initials CIH unless the person holds a current certification as an industrial hygienist from the American Board of Industrial Hygiene.

(b) An industrial hygienist in training or use the initials IHIT unless the person holds a current designation as an industrial hygienist in training from the American Board of Industrial Hygiene.

(c) A certified occupational health and safety technologist or use the initials OHST unless the person holds a current certification as an occupational health and safety technologist from the American Board of Industrial Hygiene or the Board of Certified Safety Professionals.

(d) A certified construction health and safety technician or use the initials CHST unless the person holds a current certification as a construction health and safety technician from the American Board of Industrial Hygiene or the Board of Certified Safety Professionals.

(e) A certified safety professional or use the initials CSP unless the person holds a current designation as a certified safety professional from the Board of Certified Safety Professionals.

(f) An associate safety professional or use the initials ASP unless the person holds a current designation as an associate safety professional from the Board of Certified Safety Professionals.

(2) The American Board of Industrial Hygiene, the Board of Certified Safety Professionals or a person lawfully practicing a profession listed in subsection (1) of this section may bring a private cause of action in the appropriate court to recover damages up to $1,000 against any person who violates subsection (1) of this section. The court may provide such equitable relief as it deems necessary or proper. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1999 c.478 §1]

Note: 654.400 (Use of title of industrial hygienist, occupational health and safety technologist, construction health and safety technician or safety professional) and 654.402 (Activities permitted under other designation, certification or license) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 654 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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/­ors654.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 654, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano654.­html (2019) (last ac­cessed May 16, 2020).
 
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