OAR 839-014-0600: Definitions for Regulations Pertaining to Employee Access to a Telephone in a Farmworker Camp

As used in ORS 659A.253(3) and in OAR 839-014-0600 to 839-014-0630, unless the context requires otherwise: (1) “Emergency” means circumstances in which the life, health, safety or property of a person, or of a member of a person’s immediate family, is threatened with imminent harm, and shall include any instance in which a reasonable person would seek the immediate assistance of medical, law enforcement or emergency personnel. (2) “Farm-worker camp operator” means any person who operates a farmworker camp, notwithstanding the provisions of OAR 839-014-0035(8). (3) “Operating telephone” means a telephone for the purpose of communicating with persons outside the farmworker camp and over which information may be given and received at the time it is intended to be given or received. (4) “Owned or controlled” includes sufficient ownership or control to affect the terms and conditions of occupancy of the housing. (5) “Pay telephone” means a telephone which is operated by use of coins or credit card. “Pay telephone” does not include a telephone normally used by the employer for the employer’s private use. (6) “Reasonable access” means access to a telephone at any time the employee indicates that an emergency exists and that a telephone is needed to communicate with any person for the purpose of dealing with the emergency. A reasonably accessible telephone must be located at the housing or within one tenth of one mile from the housing. (7) “Reasonable opportunity for private use” means that workers are provided access to a telephone which can be used by them under circumstances in which their conversation cannot be overheard or monitored by the employer or by any other person, and at times of the day and week when they are not working, and during which they can conduct personal business. If the telephone is not located at the site of the housing, reasonable opportunity for private use includes posting at the housing in view of the workers, in the language used to communicate with the employees, a notice containing directions to the telephone and any conditions on use or availability of the telephone.