Category: Oregon

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 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 11, 2022

Oregon OSHA’s Search For A New Administrator Continues; Lou Savage Named As Interim Administrator

On January 10, 2022, Oregon OSHA announced that it will change directions in its  effort to hire a new Administrator.  The position has remained vacant since October 22, 2021, when the prior Administrator, Michael Wood, resigned to accept a position as Deputy Director of Operations…

August 27, 2020

OR-OSHA Seeks to Eliminate “Rogue Supervisor” Defense… Again

Issue:  Déjà vu – all over again.  In 2012 OR-OSHA informed the regulated community that it intended to develop an administrative rule to limit the application of the “Rogue Supervisor” defense endorsed by the Court of Appeals in the CC&L decision.  As a result of…

March 20, 2015

OSHA Offers Good-Faith Employers Leeway On June 1 Hazcom Deadline

OSHA is offering some enforcement leeway for companies that show good-faith efforts to meet an upcoming June 1 deadline for updating safety data sheets (SDS) and labeling mixtures of chemicals with known hazards under a 2012 worker right-to-know standard, though some in industry believe the…

March 17, 2015

Senate Republicans Call On Obama To Demand Immediate Resignation Of CSB Chair

Two key Senate Republicans on safety and environmental issues are demanding President Obama immediately call for the resignation of Rafael Moure-Eraso, the chair of the U.S. Chemical Safety Board (CSB) who has been roiled with controversy on Capitol Hill and in interactions with the agency’s inspector general (IG) over allegations of mismanagement, power abuse and whistleblower retaliation.

September 17, 2013

Oregon Workers Compensation Board rules Claimant required to cooperate with employer/insurers reasonable investigation. Claimant’s attorney sanctioned.

In The Matter of the Compensation of Tracey Sklenar, WCB #12-00548.  On October 3, 2011, Claimant filed an occupational disease claim for work-related stress allegedly stemming from her job. On October 11, 2011, Claimant and her attorney were notified that as part of the investigation…

October 24, 2012


Issue: On November 7, 2012, OR-OSHA will convene what it hopes will be the one and only discussion with employers concerning its intent to promulgate a brand new “employer knowledge” rule in Oregon. As reflected below, it can be reasonably inferred that the purpose of…

December 21, 2011

Opposition to OROSHA Penalty Increase Rules Grows

The Oregon Self Insurers Association files opposition to OROSHA’s proposed rule changes.   OSIA’s membership includes certified self-insurers/employers, large-deductible insurereds /employers, and persons, firms, and organizations associated with its members. by Cummins, Goodman, Denley & Vickers, P.C.

September 28, 2011

OR-OSHA v. Moore Excavation

WCB # 08-00169SH (7/28/11) – OR-OSHA cited employer for failure to tag and remove a damaged ladder from the worksite. At hearing, OR-OSHA argued that the “employee exposure” element of its burden of proof was satisfied with evidence that the ladder “could possibly” be used….

September 28, 2011

OR-OSHA – Legislative Update

HB 2222  Signed by Governor June 18, 2007 Amends ORS 654.176 and 654.182. Effective January 1, 2008 All public and private employers, regardless of size, must now have a safety committee or hold safety meetings. Employers of ten or fewer employees used to be exempt…