OAR 839-014-0620: Other Access to Telephone

(1) When employees occupy housing that is owned or controlled by the employer, the employer shall ensure that employees occupying the housing have reasonable access to an operating telephone for the private use of the employees. The telephone must be located within a two mile radius of the farm worker housing as measured by the most direct route by road or foot path from the housing to the place where the telephone is located. (2) When the telephone designated by the employer for personal use of the employees is located in the employer’s residence or place of business, the employer may establish reasonable rules for the private use of the telephone by the employees. If the employer establishes such rules, the employer shall post a copy of the rules in a conspicuous place where all occupants can easily view them. The rules established by the employer shall be in English and in the language used by the employer to communicate with the employees. (3) If a dispute arises regarding the terms of access established by the employer, the or the court if a private action has been filed, shall determine whether the terms of access to the telephone are reasonable. (4) In making a determination, the commissioner will consider: (a) Any circumstances presented by the employer in support of the employer’s position; (b) Any circumstances presented by the employee in support of the employee’s position; (c) The number of employees occupying the housing; (d) The location of the housing; (e) Any other relevant information.