Author: Cathi Farwell

February 13, 2023

Oregon Legislative Proposals – SB 592 – Proposes Dramatic Expansion of OR-OSHA Authority. Increase in OR-OSHA Penalties; OR-OSHA Authority to Issue Repeat Violations Expanded; Current Small Business Penalty Adjustment Provision Undermined; OR-OSHA Authority to Impose Abatement Measures expanded; and OR-OSHA Inspection Authority Expanded.

Senate Bill 592 was introduced during the current legislative assembly by the Senate Labor & Business Committee Chair, Senator Kathleen Taylor, D – District 21 – Milwaukie, Oak Grove, SE & NE Portland.   Increase OR-OSHA Penalties. SB 592 removes the current provision in the…

February 13, 2023

Oregon Legislative Proposals – SB 668 Prohibits OR-OSHA fine related to alleged COVID-19 violation if no outbreak of COVID-19.

Senate Bill 668 was recently introduced by Senators Knopp, Anderson and Girod during the 82nd Oregon Legislative Assembly.  The bill proposes to create a new statute within ORS Chapter 654, which governs Oregon OSHA. The proposed statute will prohibit OR-OSHA from imposing a civil penalty…

February 13, 2023

Oregon Legislative Proposals – HB 2143 would Rein in OR-OSHA Wildfire Smoke and Heat Illness Rules.

House Bill 2134 (“HB 2134”) was submitted to House Committee On Business and Labor on January 11, 2023.  The bill would limit the rulemaking authority of the Director of Department of Consumer and Business Services related to poor ambient atmospheric conditions and high ambient temperatures….

September 30, 2022

OSHA Remains in Control Over Emergency Temporary Standards

In re Nat’l Nurses United, No. 22-1002, 2022 WL 3694867 (D.C. Cir. Aug. 26, 2022) In August 2022, a Court of Appeals for the District of Columbia case relating to OSHA’s regulatory rights and the COVID-19 pandemic was published. In In re National Nurses United,…

September 30, 2022

Federal Contractor Vaccine Mandate Overturned

Georgia v. President of the United States, No. 21-14269, 2022 WL 3703822 (11th Cir. Aug. 26, 2022) In August 2022, an Eleventh Circuit Court of Appeals case relating to the COVID-19 pandemic was published.  This case represents a shift in federal authority regulating workers’ rights…

August 22, 2022

Federal OSHA Weekend Work Initiative

Federal OSHA announced its Weekend Work initiative which will allow for workplace safety and health inspections to take place on Saturdays and Sundays throughout Fall 2022. This initiative is meant to specifically focus on construction-related fall hazards. According to OSHA, job sites are not as…

August 22, 2022

Temporary Worker Best Practices

On July 26, 2022, the National Institute for Occupational Safety and Health has released a new set of guidelines pertaining to best practices regarding temporary workers (“TWs”).  These apply to host employers (“HEs”) of temporary workers (“TWs”) across all industries that employ, or plan to…

June 6, 2022

New Processing Obligations for Oregon Insurers/Administrators

A case decided by the Oregon Workers’ Compensation Board on May 17, 2022, Luis F. Nava, 74 Van Natta 372 (2022), imposes new obligations on insurers and claims administrators to affirmatively evaluate whether it is appropriate to expand a claim acceptance to include additional conditions…

February 8, 2022

Oregon Announces Plan to Lift Indoor Mask Mandates

On February 7, 2022, Oregon state officials announced that the state intends to lift its indoor mask mandate for public places and schools no later than March 31, 2022.  Oregon may consider lifting the indoor mask requirement for public places other than schools earlier than…

February 1, 2022

Oregon OSHA Proposes Permanent Wildfire Smoke Rules – Public Hearings Scheduled

Oregon OSHA adopted temporary rules related to exposure of Oregon workers to wildfire smoke on August 3, 2021.  The rules required employers to monitor the air quality to which their workers might be exposed and to take certain steps if the Air Quality Index (AQI)…

February 1, 2022

Oregon OSHA Proposes Permanent Heat Rules – Public Hearings Scheduled

Oregon OSHA adopted temporary rules related to exposure of Oregon workers to high ambient heat on July 8, 2021.  The rules contained requirements for providing shade, water, training and other resources when Oregon workers could be exposed to temperatures in excess of 80 degrees Fahrenheit. …

January 25, 2022

OSHA Withdraws Vaccinate or Test Emergency Temporary Standard

Federal OSHA announced today that it is withdrawing its Emergency Temporary Standard (“ETS”) which required employers with 100 or more employees to require workers to either be vaccinated against COVID-19 or to test weekly.  The withdrawal takes effect January 26, 2022. Multiple Groups including 26…