Oregon OSHA - The Complete Guide for Administrative Rules

There are federal labor laws and regulations that pertain to occupational safety and health administration (OSHA), but each state also has its own set of OSHA laws in order to account for the unique characteristics and needs of each state. Oregon OSHA has six divisions that cover different industries and topics, with the first covering general administrative information.

One of the largest components of Oregon labor laws are the provisions regarding the health and safety of employees working throughout the state through Oregon OSHA.

Oregon OSHA General Overview and Information

The Oregon Safe Employment Act was passed in 1973 authorizing Oregon OSHA to help ensure safe and healthy working conditions for Oregon's employees working in businesses across the state while reducing the burden created by occupational injuries, disease, and sickness.

Oregon OSHA includes procedures to implement workplace safety and health provisions / rules throughout the state. It also provides guidance for enforcement of the legislation by the Department of Consumer and Business Services.

Division I of Oregon OSHA details general administrative rules and information to ensure the health and safety of workers in Oregon. It addresses the Oregon OSHA definitions and terms included in the provisions, the purpose, and scope of those provisions, as well as inspections, violations and penalties, citations and corrections, appeals, complaints, posting requirements, and information regarding COVID-19. The myriad of terms and definitions included in Division I of Oregon OSHA can be found on pages 12 through 21 of the Division I document.

Oregon OSHA Inspections

Inspections are a core responsibility of Oregon OSHA compliance officers and are conducted without prior advanced notice , with a few exceptions. However, no matter the exception, advanced notice may be given 24 hours in advance at most. Penalties for violating advanced notice rules may include a fine of up to $1,000 and or up to 6 months in prison.

Oregon OSHA inspections are prioritized according to severity of potential hazards and considers the highest priority on places of employment deemed to be the most unsafe.

Priorities are labeled as such:

• Imminent Danger (highest)
• Fatality, catastrophe, or accident
• Complaint
• Referral (essentially an informal complaint)
• Programmed Inspections
• Follow-up Inspections

Should an incident occur that results in the need for a high priority inspection, employers should preserve the incident scene. However, an exception can be made when it is possible to rescue the injured employee or a successful attempt to remove the danger is possible. Failure to preserve the scene will warrant a minimum penalty of at least $200.

Compliance officers have the right to enter and inspect any place of employment so long as it is during working hours or at another reasonable time, within reasonable limits, and in a reasonable manner. Compliance officers must also provide credentials to gain entry.

Employers or a representative of the inspected party may accompany the compliance officer during the inspection, but a compliance officer may move forward with their inspection if the employer or representative is absent, or declines to accompany the inspector.

During an inspection, compliance officers may:

• Inspect without disruption…
  • Records
  • Conditions
  • Structures
  • Machines
  • Materials
  • Methods for OSHA compliance
  • And resolve any disputes as to who the accompanying individual shall be,
  • And deny the right to accompany if doing so interferes with the inspection in any way

  A Red Warning Notice is posted (by the compliance officer) in clear view of any person likely to use the place of employment, machine, device, apparatus, or equipment that constitutes a hazard. If a Red Warning Notice is posted on or for any of the above areas mentioned, then no employee may operate the hazard until the condition has been made safe, and the notice has been removed via a follow-up inspection.

  Oregon OSHA Violations and Penalties

  After an inspection, the compliance officer shall determine the likelihood of an accident causing injuries or illness, and relay that information to the employer in what’s known as a probability rating . Probability ratings may be labeled as low, medium, or high.

  Factors that compliance officers may consider when determining a probability rating include:

  • The number of exposed employees
  • The exposure frequency and duration
  • Employee proximity to the point of danger
  • The level of stress that work is performed under
  • The level of training and supervision
  • Workplace design
  • Other significant factors that may present themselves

  The compliance officer also determines a severity rating for the violation or hazard. Severity ratings are based on the degree of injury or illness that is perceived as possible, or that may have already occurred.

  If multiple employees are injured or become ill, then the most serious case shall be used to determine the severity rating. Severity ratings may be classified as death, serious physical harm, or other than serious.

  Oregon OSHA Fines & Penalties
  According to Severity Rating

  Other Than Serious

  Serious Physical Harm

  Death

  Probability Rating

  Fine

  Probability Rating

  Fine

  Probability Rating