The Oregon Supreme Court has long held the legislature did not create a private right of action under the Unfair Claims Settlement Practices Act (ORS 746.230). Policyholders could bring a tort claim against their insurance...more
Summer in Oregon has officially arrived and, at least in the Portland Metro area, it did so not with a polite knock on the door, but with a string of 90-degree days. As the season continues to roll out, and with the...more
Yesterday, the Oregon Occupational Health and Safety Administration (“OR OSHA”) issued a temporary rule to address employees’ exposure to the hazards posed by temperatures in excess of 80 degrees....more
Effective May 4, 2021, the Oregon Occupational Safety and Health Administration (“OR OSHA”) published its final rule requiring Oregon employers to continue to implement safety measures to protect against the spread of...more
5/10/2021
/ Best Practices ,
Compliance ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Wage and Hour ,
Workplace Safety
With very limited exceptions, Oregon employers must adopt the following safety protocols:
Physical Distancing. Employers must ensure that their workplaces allow at least six feet of distance between employees, unless such...more
Oregon OSHA has proposed new and sweeping changes to its regulations. These changes are designed to make it much easier for Oregon OSHA to uphold an alleged “serious” violation of the regulations....more
Oregon OSHA has released its “Near Final Draft” of a COVID-19 Temporary Standard. This proposed new regulation sets forth a number of new rules for how an employer must operate in order to prevent the spread of COVID-19 and...more
Oregon OSHA proposed its “DRAFT Temporary Rule Addressing COVID-19” on August 17. The timeline for commenting on the proposed temporary rule is only two weeks. Oregon OSHA has indicated that it will accept public comments...more
Oregon OSHA has proposed new and sweeping changes to its regulations. These changes are designed to make it much easier for Oregon OSHA to uphold an alleged “serious” violation of the regulations....more
OSHA’s General Duty Clause requires an employer to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. In the current pandemic, COVID-19 qualifies and contractors should...more
The coronavirus pandemic that causes COVID-19 is touching all aspects of life. We are all constantly checking the news, watching the market, and reading about what effects the pandemic could have on the economy. For...more
In the wake of an onslaught of employee complaints about social distancing in the workplace, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) announced that it would begin workplace inspections in order to...more
4/1/2020
/ Coronavirus/COVID-19 ,
Employee Training ,
Executive Orders ,
Governor Brown ,
Operators of Essential Services ,
OSHA ,
Public Health ,
Social Distancing ,
State and Local Government ,
Workplace Investigations ,
Workplace Safety
We are living in a state of uncertainty. As the COVID-19 coronavirus pandemic spreads, many state and local authorities are issuing orders to limit social gatherings, temporarily close schools and some businesses —...more
Businesses are incurring losses resulting from business interruption—due to supply chain interruptions or temporary shutdown of operations, the inability to perform under contracts, and event cancellation. For companies in...more
Last month, the United States District Court for the District of Columbia ruled that the U.S. Chemical Safety and Hazard Investigation Board must issue regulations within one year setting forth reporting requirements for...more
On February 4, 2019, a federal court ruled that the U.S. Chemical and Safety Hazard Board must issue regulations within one year that set forth reporting requirements for accidental releases of hazardous substances into the...more
Oregon OSHA has proposed to adopt changes to its rules regarding the application of pesticides by agricultural employers. The new rules would...more
August 1, 2016, the federal Occupational Safety and Health Administration significantly increased the maximum penalties for violation citations. As a result of these changes, Oregon OSHA has proposed to increase the minimum...more
OSHA Seeks to Reverse Beryllium Rule For Certain Industries
Beryllium, a lightweight metal, presents hazards in the workplace. It is has been linked to lung cancer and Chronic Beryllium Disease, a debilitating lung disease...more
In response to the federal Occupational Safety and Health Administration’s adoption of revised beryllium exposure standards, Oregon OSHA has proposed to adopt the federal OSHA final rules, with minor modifications that would...more
Following are a couple of significant new OSHA developments for all safety professionals to be aware of, relating to limitations for OSHA citations and validity of OSHA interpretation letters....more
In response to the federal Occupational Safety and Health Administration’s adoption of revised walking-working surfaces standards, Oregon OSHA has proposed to adopt the federal OSHA final rules with a few exceptions...more
In response to the federal Occupational Safety and Health Administration’s adoption of more stringent standards for the application of pesticides and herbicides in agricultural settings, Oregon OSHA has proposed revisions to...more
In response to the federal Occupational Safety and Health Administration’s adoption of more stringent standards for crystalline silica, Oregon OSHA has proposed revisions to its own silica standards. Oregon OSHA’s rule...more
OSHA has announced the finalization of its long-awaited silica rule. When it takes effect on June 23, 2016, the rule will (1) reduce the permissible exposure limit for crystalline silica; (2) require employers to implement...more