ORS 654.062: Notice of violation to employer by worker; complaint by worker to director; inspection; employee protections; rebuttable presumption; rules.

Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07

(1) Every employee should notify the employer of any violation of law, regulation or standard pertaining to safety and health in the place of employment when the violation comes to the knowledge of the employee. (2) However, any employee or representative of the employee may complain to the Director of the Department of Consumer and Business Services or any authorized representatives of the director of any violation of law, regulation or standard pertaining to safety and health in the place of employment, whether or not the employee also notifies the employer. (3) Upon receiving any employee complaint, the director shall make inquiries, inspections and investigations that the director considers reasonable and appropriate. When an employee or representative of the employee has complained in writing of an alleged violation and no resulting citation is issued to the employer, the director shall furnish to the employee or representative of the employee, upon written request, a statement of reasons for the decision. (4) The director shall establish procedures for keeping confidential the identity of any employee who requests protection in writing. When a request has been made, neither a written complaint from an employee, or representative of the employee, nor a memorandum containing the identity of a complainant may be disclosed under ORS 192.311 to 192.478. (5) It is an unlawful employment practice for any person to bar or discharge from employment or otherwise discriminate against any employee or prospective employee because the employee or prospective employee has: (a) Opposed any practice forbidden by ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780; (b) Made any complaint or instituted or caused to be instituted any proceeding under or related to ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780, or has testified or is about to testify in any such proceeding; (c) Exercised on behalf of the employee, prospective employee or others any right afforded by ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780; (d) In good faith reported an assault or other incident of workplace violence that occurred on the premises of a health care employer as defined in ORS 654.412 or in the home of a patient receiving home health care services; or (e) With no reasonable alternative and in good faith, refused to expose the employee or prospective employee to serious injury or death arising from a hazardous condition at a place of employment. (6)(a) Any employee or prospective employee alleging to have been barred or discharged from employment or otherwise discriminated against in compensation, or in terms, conditions or privileges of employment, in violation of subsection (5) of this section may, within one year after the employee or prospective employee has reasonable cause to believe that the violation has occurred, file a complaint with the Commissioner of the Bureau of Labor and Industries alleging discrimination under the provisions of ORS 659A.820. Upon receipt of the complaint the commissioner shall process the complaint under the procedures, policies and remedies established by ORS chapter 659A and the policies established by ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 in the same way and to the same extent that the complaint would be processed if the complaint involved allegations of unlawful employment practices under ORS 659A.030 (1)(g). (b) Within 90 days after receipt of a complaint filed under this subsection, the commissioner shall notify the complainant of the commissioner’s determination. (c) The affected employee or prospective employee may bring a civil action in any circuit court of the State of Oregon against any person alleged to have violated subsection (5) of this section. The civil action must be commenced within one year after the employee or prospective employee has reasonable cause to believe a violation has occurred, unless a complaint has been timely filed under ORS 659A.820. (d) Subject to paragraph (e) of this subsection, the commissioner or the circuit court may order all appropriate relief including rehiring or reinstatement to the employee’s former position with back pay. (e) If the commissioner or the circuit court finds that a behavioral health employer discharged an employee in violation of subsection (5) of this section, the employee shall have the right to be reinstated to the employee’s former position with back pay. (7)(a) In any action brought under subsection (6) of this section, there is a rebuttable presumption that a violation of subsection (5) of this section has occurred if a person bars or discharges an employee or prospective employee from employment or otherwise discriminates against an employee or prospective employee within 60 days after the employee or prospective employee has engaged in any of the protected activities described in subsection (5)(a) to (e) of this section. The person may rebut the presumption that a violation of subsection (5) of this section has occurred by a demonstration of a preponderance of the evidence. (b) If a person bars or discharges an employee or prospective employee from employment or otherwise discriminates against the employee or prospective employee more than 60 days after the employee or prospective employee has engaged in any of the protected activities described under subsection (5)(a) to (e) of this section, such action does not create a presumption in favor of or against finding that a violation of subsection (5) of this section has occurred. Where such action has occurred more than 60 days after the protected activity, this subsection does not modify any existing rule of case law relating to the proximity of time between a protected activity and an adverse employment action. The burden of proof shall be on the employee or prospective employee to demonstrate by a preponderance of the evidence that a violation occurred. (8) The director shall adopt rules necessary for the administration of subsection (5)(e) of this section that are in accordance with the federal Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (9) As used in this section, “behavioral health employer” means: (a) A residential treatment facility, as defined in ORS 443.400; (b) A residential treatment home, as defined in ORS 443.400; (c) A secure residential treatment facility, as described in ORS 443.465, unless the facility is located on an Oregon State Hospital campus or otherwise operated by the state; (d) A secure residential treatment home, as described in ORS 443.465; (e) A sobering facility, as defined in ORS 430.306; (f) A detoxification center, as defined in ORS 430.306; (g) A halfway house, as defined in ORS 430.306; (h) A mobile crisis intervention team, as defined in ORS 430.626; or (i) An emergency shelter. [Formerly 654.235; 1973 c.833 §14; 1983 c.275 §1; 1999 c.55 §3; 2001 c.621 §82; 2005 c.198 §1; 2007 c.279 §1; 2019 c.350 §3; 2021 c.293 §1; 2021 c.336 §1; 2023 c.196 §1; 2025 c.125 §2; 2025 c.535 §6; 2025 c.561 §3]

Administrative rules citing this section

OAR 437-001-0001: Model Rules of Procedure — implements
OAR 437-001-0002: Notice to Interested Persons of Rulemaking — implements
OAR 437-001-0005: Authority and Applicability of Rules — implements
OAR 437-001-0010: Purpose and Scope of Rules — implements
OAR 437-001-0015: Definitions — implements
OAR 437-001-0020: Authority to Administer — implements
OAR 437-001-0025: Liberal Construction — implements
OAR 437-001-0030: Use of Gender and Number — implements
OAR 437-001-0035: Occupational Safety and Health Rules — implements
OAR 437-001-0045: Adoption, Amendment, or Repeal of Rules — implements
OAR 437-001-0047: Voluntary Compliance Program, General — implements
OAR 437-001-0050: Enforcement Program, General — implements
OAR 437-001-0053: Preserving Physical Evidence at the Scene of an Accident — implements
OAR 437-001-0055: Priority of Inspections — implements
OAR 437-001-0057: Scheduling Inspections — implements
OAR 437-001-0060: Advance Notice — implements
OAR 437-001-0065: Right of Entry — implements
OAR 437-001-0070: Inspection Warrants — implements
OAR 437-001-0075: Opening Conference — implements
OAR 437-001-0080: Inspection Without Employer or Employer Representative — implements
OAR 437-001-0085: Employee Representation on Inspection Team — implements
OAR 437-001-0090: Inspection Procedures — implements
OAR 437-001-0096: Red Warning Notice — implements
OAR 437-001-0099: Closing Conference — implements
OAR 437-001-0135: Evaluation of Probability to Establish Penalties — implements
OAR 437-001-0140: Evaluation of Severity to Establish Penalties — implements
OAR 437-001-0142: Annual Adjustment of Civil Penalties — implements
OAR 437-001-0145: Penalty for Other than Serious, Serious, or Caused or Contributed to a Work-Related Fatality Violation — implements
OAR 437-001-0150: Civil Penalty Adjustments — implements
OAR 437-001-0155: Determination of Penalty — Failure to Correct — implements
OAR 437-001-0160: Penalty Criteria — Repeat Violation — implements
OAR 437-001-0165: Determination of Penalty — Repeat Violation — implements
OAR 437-001-0170: Determination of Penalty — Failure to Report an Occupational Fatality, Catastrophe, or Accident — implements
OAR 437-001-0175: Determination of Penalty — Willful or Egregious Violation — implements
OAR 437-001-0176: Determination of Penalty — Failure to Notify Employees of Advance Notice — implements
OAR 437-001-0180: Determination of Penalty — Relating to Red Warning Notice — implements
OAR 437-001-0201: Determination of Penalty — Relating to Field Sanitation — implements
OAR 437-001-0203: Determination of Penalty — Relating to Violations Which Have No Probability and Severity. — implements
OAR 437-001-0205: Citation and Notice of Penalty — implements
OAR 437-001-0215: Employer Response to Citation and Notice of Penalty — implements
OAR 437-001-0220: Payment of Penalties — implements
OAR 437-001-0225: Penalty for Falsification — implements
OAR 437-001-0230: Correction of Violation — implements
OAR 437-001-0231: Abatement Verification — implements
OAR 437-001-0235: Failure to Correct Violation — implements
OAR 437-001-0240: Extension of Correction Date — Application — implements
OAR 437-001-0245: Extension of Correction Date — Decision — implements
OAR 437-001-0250: Extension of Correction Date — Revocation — implements
OAR 437-001-0251: Extension of Correction Date — Hearing on the Application — implements
OAR 437-001-0255: Requesting an Appeal and an Informal Conference — implements
OAR 437-001-0265: Amendment, Reissue or Withdrawal of Citation — implements
OAR 437-001-0270: Discretion To Prevent a Manifest Injustice — implements
OAR 437-001-0280: Posting on Selected Multi-Employer Jobsites — implements
OAR 437-001-0285: Form and Content of a Complaint — implements
OAR 437-001-0290: Division Action on Complaints — implements
OAR 437-001-0295: Discrimination Complaint — implements
OAR 437-001-0400: Application for a Variance — implements
OAR 437-001-0405: Interim Order Relating to a Variance — implements
OAR 437-001-0410: Administrative Action on Variance Application — implements
OAR 437-001-0411: Hearings for Variance Applications — implements
OAR 437-001-0415: Criteria for Variance Approval — implements
OAR 437-001-0420: Decision on Variance Request — implements
OAR 437-001-0425: Employer’s Duty to Meet Variance Terms — implements
OAR 437-001-0430: Modification or Revocation of a Variance — implements
OAR 437-001-0435: Effect of a Variance Granted by the U.S. Secretary of Labor — implements
OAR 437-001-0450: Voluntary Compliance Consultative Services — implements
OAR 437-001-0455: Application for Consultative Services — implements
OAR 437-001-0460: Consultation — implements
OAR 437-001-0700: Recording Workplace Injuries and Illnesses — implements
OAR 437-001-0704: Reporting Fatalities, Catastrophes, Injuries and Illnesses to Oregon OSHA — implements
OAR 437-001-0740: Falsification or Failure to Keep and Post Records or Make Reports — implements
OAR 437-001-0760: Rules for All Workplaces — implements
OAR 437-001-0765: Safety Committees and Safety Meetings. — implements
OAR 437-001-0800: Application Procedures — implements
OAR 437-001-0805: Application Review — implements
OAR 437-001-0810: Grant Awards — implements
OAR 437-001-1005: Authority and Applicability of Rules — implements
OAR 437-001-1010: Purpose and Scope — implements
OAR 437-001-1015: Definitions — implements
OAR 437-001-1020: General Requirements — implements
OAR 437-001-1025: Notification of Services — implements
OAR 437-001-1030: Requests for Services — implements
OAR 437-001-1035: Loss Prevention Services — implements
OAR 437-001-1040: Required Loss Prevention Services — implements
OAR 437-001-1050: Self-Insured and Group Self-Insured Employer Loss Prevention Assistance — implements
OAR 437-001-1055: Self-Insured and Group Self-Insured Employer Loss Prevention Programs — implements
OAR 437-001-1060: Self-Insured and Group Self-Insured Employer Loss Prevention Effort — implements
OAR 437-001-1065: Penalty Provisions for Insurers — implements
OAR 437-002-0005: Adoption by Reference — implements
OAR 437-002-0006: General Oregon Definitions — implements
OAR 437-002-0007: Testing and Certification — implements
OAR 437-002-0010: Adoption by Reference — implements
OAR 437-002-0015: Adoption by Reference — implements
OAR 437-002-0020: Adoption by Reference — implements
OAR 437-002-0022: Additional Oregon General Requirements — implements
OAR 437-002-0026: Portable Ladders — implements
OAR 437-002-0032: Ramps and Runways — implements
OAR 437-002-0033: Piers and Wharves — implements
OAR 437-002-0040: Adoption by Reference — implements
OAR 437-002-0041: Exits and Exit Routes — implements
OAR 437-002-0042: Emergency Action Plan — implements
OAR 437-002-0043: Fire Prevention Plan — implements
OAR 437-002-0047: Working Near Overhead High Voltage Lines and Equipment — implements
OAR 437-002-0060: Adoption by Reference — implements
OAR 437-002-0080: Adoption by Reference — implements
OAR 437-002-0081: Oregon Ventilation Regulations — implements
OAR 437-002-0095: Audiometric Testing in Oregon — implements
OAR 437-002-0098: Additional Applicability — implements
OAR 437-002-0100: Adoption by Reference — implements
OAR 437-002-0101: Oregon Start-Up Dates — implements
OAR 437-002-0107: Spray Finishing — implements
OAR 437-002-0109: Explosives and Blasting Agents — implements
OAR 437-002-0118: Oregon Rules for Reinforced Plastics Manufacturing — implements
OAR 437-002-0119: Oregon Effective Dates — implements
OAR 437-002-0120: Adoption by Reference — implements
OAR 437-002-0122: Dipping and Coating — implements
OAR 437-002-0134: Personal Protective Equipment — implements
OAR 437-002-0139: Working Underway on Water. — implements
OAR 437-002-0140: Adoption by Reference — implements
OAR 437-002-0141: Additional Oregon Sanitation Requirements — implements
OAR 437-002-0144: Additional Oregon Rules for General Environmental Controls — implements
OAR 437-002-0145: Additional Oregon Rules for Accident Prevention and Tags — implements
OAR 437-002-0146: Confined Spaces — implements
OAR 437-002-0154: Individual Locks — implements
OAR 437-002-0156: Heat Illness Prevention — implements
OAR 437-002-0161: Medical Services and First Aid — implements
OAR 437-002-0170: Worker Protection Standard — implements
OAR 437-002-0180: Adoption by Reference — implements
OAR 437-002-0182: Oregon Rules for Fire Fighters — implements
OAR 437-002-0187: Portable Fire Extinguishers — implements
OAR 437-002-0200: Adoption by Reference — implements
OAR 437-002-0210: Additional Oregon Rules for Compressed Air and Compressed Gas Equipment — implements
OAR 437-002-0220: Adoption by Reference — implements
OAR 437-002-0221: Additional Oregon Rules for Handling Materials — implements
OAR 437-002-0223: Oregon Rules for Commercial and Industrial Vehicles — implements
OAR 437-002-0227: Additional Oregon Rules for Powered Industrial Trucks — implements
OAR 437-002-0228: Oregon General Requirements for Cranes — implements
OAR 437-002-0229: Additional Oregon Rules for Overhead and Gantry Cranes — implements
OAR 437-002-0230: Additional Oregon Rule for Crawler, Locomotive and Truck Cranes — implements
OAR 437-002-0232: Additional Oregon Rule for Derricks — implements
OAR 437-002-0233: Oregon Rules for Hammerhead Cranes — implements
OAR 437-002-0235: Additional Oregon Rule for Slings — implements
OAR 437-002-0240: Adoption by Reference — implements
OAR 437-002-0242: Oregon Rules for Machinery and Machine Guarding — implements
OAR 437-002-0256: Stationary Compactors, Self-Contained Compactors, and Balers — implements
OAR 437-002-0260: Adoption by Reference — implements
OAR 437-002-0262: Additional Definitions in Oregon — implements
OAR 437-002-0264: Additional General Requirements for Hand Tools — implements
OAR 437-002-0266: Additional Oregon Rules for Guarding Portable Powered Tools — implements
OAR 437-002-0268: Oregon Rules for Hand-Powered Equipment — implements
OAR 437-002-0279: Additional Oregon Confined Space Requirements — implements
OAR 437-002-0280: Adoption by Reference — implements
OAR 437-002-0281: Manganese — implements
OAR 437-002-0282: Job Planning and Layout — implements
OAR 437-002-0283: Additional Protective Clothing Requirements During Hot Work Activities — implements
OAR 437-002-0284: Additional Specifications for Eye and Face Protection — implements
OAR 437-002-0285: Additional Special Precautions — implements
OAR 437-002-0286: Flammable Preservative Coatings — implements
OAR 437-002-0287: Toxic Preservative Coatings — implements
OAR 437-002-0288: Additional General Health Protection — implements
OAR 437-002-0297: Oregon Requirements for Welding or Cutting Containers — implements
OAR 437-002-0298: Supplied Air Respiratory Equipment — implements
OAR 437-002-0299: Definitions — implements
OAR 437-002-0300: Adoption by Reference — implements
OAR 437-002-0301: Scope and Application — implements
OAR 437-002-0302: Definitions — implements
OAR 437-002-0303: Training and Work Planning — implements
OAR 437-002-0304: First Aid Requirements — implements
OAR 437-002-0305: Traffic Control — implements
OAR 437-002-0306: Electrical Hazards — implements
OAR 437-002-0307: Personal Protective Equipment — implements
OAR 437-002-0308: Portable Power Tools — implements
OAR 437-002-0309: Hand Tools — implements
OAR 437-002-0310: Work Procedures — implements
OAR 437-002-0311: Mobile Equipment — implements
OAR 437-002-0312: Oregon Rules for Pulp, Paper and Paperboard Mills — implements
OAR 437-002-0313: Additional Oregon Rules for Sawmills — implements
OAR 437-002-0314: Veneer and Plywood Machinery — implements
OAR 437-002-0315: Shake and Shingle Machinery — implements
OAR 437-002-0316: Oregon Rules for Telecommunications — implements
OAR 437-002-0320: Adoption by Reference. — implements
OAR 437-002-0340: Adoption by Reference — implements
OAR 437-002-0342: Additional Oregon Definition — implements
OAR 437-002-0345: Inland Emergency Aid — implements
OAR 437-002-0355: Air Supply Systems (Compressed Gases and Air) — implements
OAR 437-002-0360: Adoption by Reference — implements
OAR 437-002-0363: Oregon Amendment — implements
OAR 437-002-0364: Oregon Rules for MOCA (4,4'-Methylene Bis (2-chloroaniline)) — implements
OAR 437-002-0368: Deterioration — implements
OAR 437-002-0371: Scope and Application — implements
OAR 437-002-0373: Oregon Rules for Thiram — implements
OAR 437-002-0376: Delayed Effective Dates for Hazard Communication — implements
OAR 437-002-0377: Additional Oregon Rules for Hazard Communication — implements
OAR 437-002-0378: Oregon Rules for Pipe Labeling — implements
OAR 437-002-0382: Oregon Rules for Air Contaminants — implements
OAR 437-002-0390: Oregon Effective Dates — implements
OAR 437-002-0391: Additional Oregon Rules for Carcinogens in Laboratories — implements
OAR 437-002-1001: Asbestos Respiratory Protection Program — implements
OAR 437-002-1017: Vinyl Chloride Respiratory Protection Program — implements
OAR 437-002-1018: Inorganic Arsenic Respiratory Protection Program — implements

This rule cites

ORS 192.311 — resolved
192.478 — resolved
ORS 654.001 — resolved
654.295 — resolved
654.412 — resolved
654.423 — resolved
654.750 — resolved
654.780 — resolved
ORS 654.412 — resolved
ORS 443.400 — resolved
ORS 443.465 — resolved
ORS 430.306 — resolved
ORS 430.626 — resolved

Cited by

Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors654.html