*Re-Proposed* Oregon OSHA Proposed Amendments in General Administrative Rules to Clarify Employer's Responsibilities

Oregon OSHA’s Proposed Amendments in General Administrative Rules to Clarify Employer’s Responsibilities

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The following public hearings replace those previously scheduled for in-person testimony on 8/20/20, 9/09/20, 9/22/20, 9/24/20, 9/28/20, and 9/30/20, which have been canceled.

Virtual Public Hearings Scheduled for:

Date                                         Time 

September 28, 2020             10:00 am

Please register for Employer Responsibilities webinar on Sep 28, 2020 10:00 AM PDT at: https://attendee.gotowebinar.com/register/2846150028651823884

 

September 30, 2020             5:00 pm

Please register for Employer Responsibilities webinar on Sep 30, 2020 5:00 PM PDT at: https://attendee.gotowebinar.com/register/5990288190737548303

 

October 7, 2020             7:00 pm      *** This hearing will be conducted entirely in Spanish

Please register for Employer Responsibilities (Spanish) webinar on Oct 7, 2020 7:00 PM PDT at: https://attendee.gotowebinar.com/register/1424451807188464399

After registering for a webinar, you will receive a confirmation email containing information about joining the webinar. In order to ensure as many people as possible are able to testify, Oregon OSHA reserves the right to restrict testimony to no more than 5 minutes.

The webinars listed above will be streamed from the Oregon OSHA Portland Field Office located at 16760 SW Upper Boones Ferry Rd, Tigard, OR 97224. Due to the COVID-19 Pandemic and in-line with Oregon Health Authority guidelines, there is a limited opportunity to testify in person and will be offered by appointment only. The number of appointments are limited, and they will be assigned on a first come first served basis. The appointments must be requested 5 business days prior to the hearing. Only those with appointments will be admitted into the hearing. Each appointment will give the attendee the opportunity to provide in-person oral testimony of up to 5 minutes on the record.

The opportunity to testify in person will be conditional on the following provisions:

  • Attendees with appointments will stay in vehicle until they have been invited in via phone by an Oregon OSHA staff member for their appointment.
  • Facial coverings must be worn at all times while in the building.
  • Attendees will remain at least 6 feet from all people at all times including outside the building and inside the building.

Unfortunately, because we need to ensure that all attendees are protected, we reserve the right to suspend the in-person portion of the hearing if there is any substantial non-compliance with the provisions described above. In any event, written comments will be received through October 30, 2020.

To register for an appointment to testify:

Department of Consumer and Business Services/Oregon OSHA
Attention: Kate Ryan
350 Winter Street NE
Salem OR 97301-3882
E-mail – kate.ryan@oregon.gov
Phone – 971-673-2918


These summary statements are the same as previously filed.

Oregon OSHA is adding two definitions and a paragraph to the Division 1 rules. The Oregon Supreme Court determined that Oregon OSHA needs to more clearly define how “reasonable diligence” and “unpreventable employee misconduct” are interpreted and applied in enforcement activities and Oregon OSHA believes that such guidance is most appropriately provided through an administrative rule. The proposed additions to the rules are to clarify in general how Oregon OSHA assesses an employer’s reasonable diligence, what constitutes unpreventable employee misconduct, how Oregon OSHA assesses an employer’s knowledge of a violation, and when an employer is and is not responsible for a violation that has occurred on its worksite.

Direct link to the proposed rulemaking (this letter, filing documents, and text of proposed changes).

Please visit our web site osha.oregon.gov  Click ‘Rules and laws’ in the Common resources column and view our proposed rules, or select other rule activity from this page.

When does this happen: Adoption tentatively will be in December 2020.

To get a copy: 
Our web site – osha.oregon.gov > Rules and laws, then, Proposed rules
Or call 503-947-7449

To comment: 
Department of Consumer and Business Services/Oregon OSHA
350 Winter Street NE
Salem OR 97301-3882
E-mail – tech.web@oregon.gov
Fax – 503-947-7461

Comment period closes:  October 30, 2020

Oregon OSHA contact: 
Sky Wescott
, Central Office @ 503-947-7440
or email at sky.i.wescott@oregon.gov

 

 

Proposed Administrative Rules are available on the Oregon OSHA website.