OAR 839-021-0087: Working Conditions

(1) An employer may not employ any minor to work in the State of Oregon, except under the following conditions: (a) Where a sanitary and safe work area is provided; (b) Where adequate lighting is provided; (c) Where adequate ventilation is provided; (d) Where adequate washrooms are provided; (e) Where adequate toilet facilities are provided; (f) Where the employer is in full compliance with provisions of ORS Chapter 654 (The Oregon Safe Employment Act) and the rules and regulations promulgated thereunder. For the purposes of this rule, the compliance status of the employer is determined by the Occupational Safety and Health Division of the Department of Consumer and Business Services; (g) Where the employer is in full compliance with the provisions of the following statutes relating to the payment of wages: (A) ORS 652.110 to 652.190; (B) ORS 652.610; (C) ORS 653.010 to 653.265; (D) ORS 279.348 to 279.365; (E) Title 29, U.S.C., 201, et seq. (Federal Fair Labor Standards Act); (F) Title 40, U.S.C., 276a. (Davis-Bacon Act); (G) Title 41, U.S.C., 351, et seq. (Service Contract Act). (2) When the following facilities are provided, an employer may not employ any minor to work in the State of Oregon unless: (a) The rest rooms provided are adequate; (b) The dressing rooms provided are adequate; (c) The lunch rooms provided are adequate; (d) The cot or stretcher provided for use in illnesses, accidents, or other emergencies is adequate. (3) Upon expiration of ten days after receipt of notice and recommendations of the appropriate governmental agency with respect to temperature and humidity conditions or within such further time after receipt of the notice as may be prescribed by the Bureau, an employer may not employ any minor without complying with the recommendations. (4) Every employer must provide to each minor when required by the nature of the work, "suitable seats," "suitable tables," and "suitable work benches": (a) "Suitable seats" means convenient, comfortable and safe seats where the work is such that minors may sit while working. "Suitable seats" in cannery occupations means one for every three minors who work in or on inspection tables and inspection belts; (b) "Suitable tables" and "suitable work benches" mean tables and work benches so constructed as to give the greatest possible comfort and convenience to minors where the nature of the work and the safety and convenience of the minor requires a bench or table. (5) An employer may not require a minor to report for work without providing adequate work to earn a reasonable compensation, or paying to such minor a reasonable compensation in lieu thereof. As used in this paragraph: (a) "Adequate work" means sufficient work to earn at least one-half the amount the minor would have earned at the minor's regular rate had the minor worked the hours that the minor and the employer previously agreed to; (b) "Reasonable compensation" means the greater of: (A) The amount the minor receives for one hour of work at the minor's regular rate of pay; or (B) The amount determined by multiplying the minor's regular rate of pay by one-half the hours the minor and the employer agreed the minor would work. (c) An employer is not required to compensate a minor pursuant to this rule if the employer is also required to compensate the minor under ORS 653.455(2)(b)(A) or (C). (6) The provisions of section (5) of this rule do not apply when all the following conditions are met pertaining to the employer providing the minor notice not to report to work: (a) The employer has a policy describing how notice not to report to work will be given minors; and (b) The employer posts its notice policy in a conspicuous place frequented by employees at the worksite where the minor is employed; and (c) The employer communicates this policy to the minor prior to the minor's first day of work; and (d) The employer makes a good faith attempt to follow its policy so as to give the minor notice before the minor must leave home to travel to work; or (7) When circumstances beyond the employer's control prevent the performance of the work the minor was to perform during the hours the minor had agreed to or was scheduled to work. Such circumstances include, but are not limited to, acts of nature (e.g., snowstorms, flooding), emergencies (e.g., fires, power outages), and unforeseeable equipment failures. (8) The employer has the burden to maintain records sufficient to resolve any dispute arising under section (5) of this rule concerning the hours the minor agreed to or was scheduled to work.