Or. Admin. Code § 438-085-0026

Current through Register Vol. 63, No. 10, October 1, 2024

Section 438-085-0026 - Definitions

For the purpose of these rules, unless the context otherwise requires, the following definitions apply:

(1) "Act": The Oregon Safe Employment Act (ORS 654.001 to 654.295, 654.750 to 654.780, and 654.991).

(2) "Administrative Law Judge": An Administrative Law Judge of the Hearings Division who is a member of the Oregon State Bar.

(3) "Affected Employee": An employee who, in the course and scope of the employee's employment, may be or may have been exposed to a condition or practice described in a Citation, Correction Order or Variance.

(4) "Authorized Representative" means "authorized representative" as used in ORS 654.290(2)(d) or "representative of such employees" as used in ORS 654.078(2), and includes a bargaining unit representative, or an individual selected by employees who serves as their spokesperson.

(5) "Board": The Workers' Compensation Board created by ORS 656.712.

(6) "Citation": A document issued by OR-OSHA pursuant to ORS 654.071 to allege a violation. A citation may include a notice of penalty and a correction order.

(7) "Contested Case": A dispute in which an request for hearing has been filed.

(8) "Correction Order": A written OR-OSHA order which directs a person to stop an alleged violation within a given period of time. The term also includes a Red Warning Notice posted pursuant to ORS 654.082.

(9) "Division": The Workers' Compensation Division of the Department of Consumer and Business Services created by ORS 656.708.

(10) "Director": The Director of the Department of Consumer and Business Services.

(11) "Document": Any notice, form, letter or other writing, photograph, audiotape, videotape, or other tangible item relating to a contested case.

(12) "Employee": Any individual, including a minor whether lawfully or unlawfully employed, who engages to furnish services for a remuneration, financial or otherwise, subject to the direction and control of an employer, and includes salaried, elected and appointed officials of the state, state agencies, counties, cities, school districts and other public corporations, or any individual who is provided with workers' compensation coverage as a subject worker pursuant to ORS Chapter 656, whether by operation of law or by election. See ORS 654.005(5).

(13) "Employer": Any person who has one or more employees, or any sole proprietor or member of a partnership who elects workers' compensation coverage as a subject worker pursuant to ORS 656.128. See ORS 654.005(6).

(14) "Filed": A request for hearing will be considered filed when it is either actually received at any permanently staffed office of the Department of Consumer and Business Services, or when it is mailed if mailing is established by receipt of registered or certified mail bearing the stamp of the United States Postal Service showing the date of mailing. All other documents will be considered filed when mailed to or received by the Hearings Division, whichever occurs first.

(15) "Hearing": A formal, reported proceeding before an Administrative Law Judge of the Hearings Division where the parties to a contested case may present their evidence and arguments on the issues.

(16) "Hearings Division": The Hearings Division of the Board.

(17) "OR-OSHA": The Oregon Occupational Safety and Health Division of the Department of Consumer and Business Services."

(18) "Party": A person named or admitted as a full participant in a contested case. The term includes OR-OSHA, a necessary party to all contested cases under the Act.

(19) "Penalty": The dollar amount proposed in a written notice by OR-OSHA as the Director's assessment against a person for an alleged violation.

(20) "Person": One or more individuals, legal representatives, partnerships, joint ventures, association, corporations (whether or not organized for profit), business trusts, or any organized group of persons, including the state, state agencies, counties, municipal corporations, school districts and other public corporations or subdivisions. See ORS 654.005(7).

(21) "Presiding Administrative Law Judge": The Administrative Law Judge who presides over and administers the Hearings Division, as provided in ORS 656.724.

(22) "Representative": Any individual authorized by a party to represent the party in a contested case.

(23) "Request for Hearing": A written request for a hearing to contest a citation, notice or order issued by OR-OSHA.

(24) "Settlement": A written agreement which, when approved by all parties, will amend the contested OR-OSHA citation, notice or order and dispose of some or all issues in the case.

(25) "Variance": The written authority given by OR-OSHA to an employer to permit the employer to use a specific alternative means or method to comply with the intent of an Oregon occupational safety or health law or rule.

(26) "Violation": The breach of a person's duty to comply with an Oregon occupational safety or health law, rule or order.

(27) "Withdrawal": A party's complete and unconditional abandonment of some or all of its allegations and contentions in a contested case.

Or. Admin. Code § 438-085-0026

WCB 5-1973, f. & ef. 12-20-73; WCB 10-1974, f. 3-19-74, ef. 4-15-74; WCB 6-1977, f. 5-5-77, ef. 6-1-77; WCB 4-1978, f. 3-31-78, ef. 4-1-78; WCB 2-1982, f. 6-22-82, ef. 8-2-82; WCB 7-1987, f. 12-23-87, ef. 1-1-88; WCB 3-1989, f. 3-31-89, ef. 5-1-89; WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95; WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98

Stat. Auth.: ORS 654.025(2)

Stats. Implemented: ORS 654.025(2) & ORS 654.005