Adopted Comprehensive Amendments to Agricultural Labor Housing and Related Facilities

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Rulemaking Summary:

Oregon OSHA adopted comprehensive amendments to its Agricultural Labor Housing and Related Facilities rule in Division 4, OAR 437-004-1120, and in the equivalent Division 2 rule, OAR 437-002-0142.

This rulemaking is a result of a multi-year stakeholder engagement process beginning in 2018, when a rulemaking advisory group began meeting to discuss changes to Oregon OSHA’s agricultural labor housing rule. The group consisted of growers, employer representatives, agricultural associations, housing operators and worker representatives, as well as agency personnel. The COVID-19 pandemic delayed rulemaking activities, which Oregon OSHA resumed in 2021 and has continued through 2024.

In August 2024, Oregon OSHA appointed a Fiscal Impact Advisory Committee (FIAC) comprised of five growers or their representatives, five worker representatives, and one neutral chairperson. The purpose of the FIAC was to provide a recommendation to Oregon OSHA regarding the fiscal impact of the proposed rule changes.

This rulemaking is part of a comprehensive package of reforms that contain investments and support to improve conditions and better regulate agricultural labor housing.

The adopted rule changes substantially raise the protective standards for indoor and outdoor facilities that operators must include when they provide housing. Alongside these rule changes, Oregon OSHA plans to:

• Provide technical assistance to support the Oregon Department of Agriculture in providing $5 million in grant funds to registered operators for existing on-farm housing compliance with the rule change. In addition, a commitment to support additional funding for infrastructure improvements once the existing grant funding is exhausted.
• Develop a new, annual self-certification requirement for employers that includes required statements and mandatory documentation – including photos, videos, or other evidence – of continued compliance for certain rule provisions. This would be pursued through a budget proposal during the 2025 legislative session. If approved, it would complement future enhancements to the registration system by including more detailed information about each location's amenities. Oregon OSHA would conduct a rulemaking to add the self-certification requirement to its registration process.
• Establish a new seasonal ALH surveyor program to increase Oregon OSHA's ability to evaluate conditions at housing locations. This would be pursued in conjunction with the self-certification program budget proposal. The surveyor program would deploy seven seasonal surveyors across the state to evaluate site conditions, attempt to gain compliance when noncompliant conditions are identified, and refer sites to Oregon OSHA's enforcement program if needed. Other staff will support the program's work, including the recertification process, training, and the expected increase in ALH enforcement inspections. A rulemaking would also be conducted to implement this program.
• Increase interagency coordination regarding issues affecting agricultural workers.

On September 5, 2024, Oregon OSHA filed a notice of proposed rulemaking with the Oregon Secretary of State. Five public hearings were held to receive comments on the proposed rule changes. The hearings were held on the following dates: October 17, 2024 (two hearings this day), October 18, 2024 (Spanish), October 21, 2024 (Spanish), and October 25, 2024.

Oregon OSHA sought input during a public comment period which closed November 3, 2024. During the public comment period on the proposed rule, the Division received approximately 264 written comments. Oregon OSHA considered all comments received; a summary of the agency’s response to those comments can be found on the Comments and Agency Decisions webpage, under agricultural labor housing, at: https://osha.oregon.gov/rules/making/Pages/comments-and-decisions.aspx.

At the end of the comment period and with subsequent consideration, Oregon OSHA adopted most amendments as proposed. Based on the comments received, the Division did extend many of the effective dates to allow for more time for compliance and clarified rule language. Major differences between the proposed and the final adopted rule include:

• The registration exemption for housing operations that do not produce farm crops will sunset December 31, 2025.
• Additional water testing is not required until January 1, 2026.
• Extends the effective date for labor housing located near livestock operations; adds carveout when specific criteria are met.
• Clarifies electrical receptacle (outlet) requirements; power strips are allowed in accordance with Oregon OSHA requirements.
• Maintains requirement of 15 psi at the outlet end of all water lines, instead of increasing it to 20 psi as proposed.
• Reduces lockable storage requirements from 21 cubic feet to 15 cubic feet.
• Provides an exception to the sleeping room requirement of 50 square feet where there are double bunk beds and the sleeping room is occupied by only a family with children who are all 17 years of age and younger, in which case, it is permissible to provide at least 40 square feet per occupant.
• Removes Appendix A Disease Reporting Requirements (Mandatory) with references to Oregon Health Authority rules and replaces it with simplified disease reporting requirements.

Overall, this rulemaking adopts significant changes to OAR 437-004-1120 as highlighted below. The adopted rule amendments clarify, modernize, and refine language in the rule, including a number of updates to rule references, such as Oregon Health Authority drinking water rules. Unless otherwise stated in the rule, adopted amendments are effective March 31, 2025.

Housing Registration

• Beginning January 1, 2026, housing operators who do not produce farm crops are no longer exempt from the registration process.
• Beginning January 1, 2026, a requirement is added to the registration process to submit water testing results to Oregon OSHA with the annual registration application.

Site Requirements

• Beginning January 1, 2028, housing within 500’ of livestock is not permitted unless certain circumstances are met.
• Beginning January 1, 2027, occupants must be provided access to one electrical receptacle (outlet) per occupant in sleeping rooms.
• Beginning January 1, 2026, ensure that road forks and driveways are properly marked and that each building and housing unit is properly marked.

Water

• Beginning, January 1, 2026, water testing must include at least one test for arsenic and annual testing for nitrates and coliform bacteria is required.
• Beginning January 1, 2026, water testing results must be posted in the housing using the worker’s language or by use of a pictogram.

Bathing Facilities

• Beginning January 1, 2028, private changing rooms must be provided for the shower area.
• Beginning January 1, 2028, locking shower stalls must be provided.

Handwashing Facilities

• Beginning January 1, 2028, kitchen sinks no longer count toward the handwashing ratio.

Toilets

• Beginning January 1, 2026, the use of an outhouse or pit toilet or privy does not fulfill the ratio of toilet facilities.
• Beginning January 1, 2027, the toilet ratio changes from one for every 15 occupants, to one for every ten occupants (of each gender).
• Beginning January 1, 2027, curtains are no longer allowable on toilet stalls, and doors must be provided.

Living Areas

• Beginning January 1, 2027, a clarification is added to not use gas burners in living areas without adequate ventilation.
• Beginning January 1, 2026, the use of cots is no longer allowable.
• Beginning January 1, 2026, mattresses must be a minimum of 4 inches.
• Beginning January 1, 2026, fumigation is no longer an allowable method to clean mattresses.
• Beginning January 1, 2026, a safe method to access upper bunks is required.
• Beginning January 1, 2026, provide 15 cubic feet per occupant or family unit of storage space, some portion of this space must be lockable.
• Beginning January 1, 2028, provide 50 square feet of floor space per occupant when double bunks are used. There is an exception allowing families with children ages 17 or younger who are also using double bunk beds to provide 40 square feet per occupant.

Fire and Carbon Monoxide Protection

• Beginning January 1, 2026, provide a carbon monoxide detector in accordance with manufacturer’s instructions.

Cooking and Eating Facilities

• Beginning January 1, 2028, provide cooking and eating facilities. The requirements for kitchens “when provided” is given an end date of December 31, 2027. If not noted separately, all requirements previously listed under cooking facilities “when provided” have also been moved to the requirement to provide cooking facilities and will be become effective January 1, 2028.
• Beginning March 31, 2025, when cooking facilities are already provided, an adequate number of refrigerators must be capable of maintaining temperature of 40 degrees or below. Beginning January 1, 2028, all locations must provide an adequate number of refrigerators that are capable of 40 degrees Fahrenheit or below.
• Beginning March 31, 2025, when cooking facilities are already provided, adequate food storage must be provided, some of this storage must be protected.
• Beginning January 1, 2028, all locations must provide adequate food storage, some of this storage must be protected.
• Beginning January 1, 2028, kitchen sinks no longer count towards the handwashing ratio requirement.

Disease Reporting

• Beginning March 31, 2025, the references to Oregon Health Authority’s rules are removed; language is added clarifying when housing operators must report illness.

Heat Illness Prevention

• Until December 31, 2026, the requirements for cooling areas, minimizing heat in housing, sleeping room temperatures, under subsections (23)(a), (23)(b), (23)(c), and (23)(d) remain in place.
• Beginning January 1, 2027, rooms where people sleep must be capable to maintain an indoor temperature of 78 degrees Fahrenheit or less. When the outdoor heat index is at or above 95 degrees Fahrenheit, the rooms where people sleep must be at least 15-degree Fahrenheit lower than the outdoor heat index.

In this rulemaking, the Division also amends references in OAR 437-002-0142 to align with the adopted changes in OAR 437-004-1120. In addition, the title of OAR 437-002-0142 is changed to “Labor Housing” to align with Division 4, OAR 437-004-1120’s language that eliminates the use of the word “camp”. This Division 2 general industry rule applies the 437-004-1120 rule to labor housing situations in general industry, construction, and forest activities.

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This is Oregon OSHA Administrative Order 1-2025, adopted January 8, 2025, and effective March 31, 2025.

Direct link to the rulemaking that includes the notice letter, filing documents, and a text of adopted changes.

Oregon OSHA contact: Sarah Rew, Salem Central Office @ 503-378-3272, or email at sarah.c.rew@dcbs.oregon.gov.

Please visit our website osha.oregon.gov/rules to view our adopted rules or select other rule activity from this page.