Senate Bills 592 and 907

SB 592 summary

Introduces Three Triggers for Comprehensive Inspections

• Requires Oregon OSHA to conduct a comprehensive inspection of an employer when an inspection of an accident reveals that a violation caused or contributed to a work-related death. The comprehensive inspection would occur within one year of when the accident inspection closes.
• Requires Oregon OSHA to conduct a comprehensive inspection of an employer whenever three or more willful  violations have occurred at the same workplace within a one-year period.
• Requires Oregon OSHA to conduct a comprehensive inspection of an employer whenever three or more repeat violations have occurred at the same workplace within a one-year period.

Increases Penalties

• 592: requires Oregon OSHA to issue penalties between $1,116 and $15,625 for each serious violation committed by an employer.
• Currently: a serious violation that is not a willful or repeat violation carries a minimum penalty of $100 and a maximum penalty of $13,653.
• 592: if a serious violation caused or contributed to the death of an employee, Oregon OSHA must issue a penalty between $20,000 and $50,000 for each violation.
• Currently: the maximum penalty for a serious violation is $13,653. There is no specific designation for when a serious violation contributed to a work-related death. Instead, the designation addresses whether the serious violation could have resulted in a work-related death. If the serious violation is a willful or repeat violation, the penalty would go higher.
• 592: requires Oregon OSHA to issue penalties between $11,162 and $156,259 for each willful or repeat violation committed by an employer.
• 592: if a willful or repeat violation caused or contributed to the death of an employee, Oregon OSHA must issue a penalty between $50,000 and $250,000 for each willful or repeat violation.
• Currently: a repeat violation carries a minimum penalty of $200 and a maximum penalty of $135,653, while a willful violation carries a minimum penalty of $9,753 and a maximum penalty of $135,653.
• 592: requires Oregon OSHA to conduct annual rulemaking to adjust its penalties in line with changes to the Western Region Consumer Price Index (CPI-WR) rather than the national Consumer Price Index for All Urban Consumers (CPI-U), which is used by federal OSHA to annually adjust its penalties.

Raises Penalty Floor, Limits Reductions

• 592: increases the minimum penalty for a serious violation from $100 to $1,116, and forbids a reduction below that level.
• 592: removes Oregon OSHA's ability to provide penalty reductions for repeat serious violations that result in a work-related death or any repeat willful violation, unless the employer agrees to additional abatement measures.
• Currently: Oregon OSHA can provide penalty reductions for many violations – including repeat and willful – based on the size of the employer's statewide workforce, as spelled out in OAR 437-001-0145.

Requires Legislative Reports

• Requires Oregon OSHA to submit an annual report to interim committees of the state Legislature beginning no later than Sept. 15, 2024.
• The report would summarize the total number and amount of penalties issued by Oregon OSHA; the total number of appeals of citations, violations, and penalties; and the total number of completed inspections, including their scope and the circumstances that led to them.

Read entire enrolled Bill