(2) Each citation and notice required by subsection (1) of this section shall be in writing, shall be mailed to or served upon the employer or a registered agent of the employer, and shall contain:
(a) The date and place of the alleged violation;
(b) A plain statement of the facts upon which the citation is based;
(c) A reference to the law, regulation, rule, standard or order relied upon;
(d) The amount, if any, of the proposed civil penalty;
(e) The time, if any, fixed for the correction of the alleged violation;
(f) Notice of the employer’s right to contest the citation, the proposed civil penalty and the period of time fixed for correction of the alleged violation; and
(g) Notice of any affected employee’s right to contest the period of time fixed for correction of the alleged violation.
(3) No citation or notice of proposed civil penalty may be issued under this section after the expiration of 180 days following the start of the inspection or investigation, but this shall not prevent the issuance, at any time, of an order to correct that violation or the issuance of a citation for a subsequent violation.
(4) If the director has reason to believe that an employer has failed to correct a violation within the period of time fixed for correction, or within the time fixed in a subsequent order granting an extension of time to correct the violation, the director shall consider such failure as a separate and continuing violation and shall issue a citation and notice of proposed civil penalty, if any, to be assessed pursuant to ORS 654.086 (1)(d).
(5) The director may prescribe procedures for the issuance of a notice in lieu of citation to inform an employer and employees of a minimal violation that has no direct or immediate relationship to occupational safety or health.
(6) Each citation and notice, or copies thereof, issued under ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 shall be posted by the employer, immediately upon receipt, in a conspicuous manner in a sufficient number of locations in the place or places of employment to reasonably inform employees of such citation and notice.
(7) Notwithstanding any other provision of this section, the director or authorized representative of the director shall deliver to the operator of a farm labor camp a copy of any notice, evaluation report or citation resulting from the inspection. [1973 c.833 §17; 1981 c.696 §4; 1999 c.72 §1; 1999 c.1017 §4]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 654 - Occupational Safety and Health
Section 654.005 - Definitions.
Section 654.020 - Interference with safety devices or methods prohibited; civil penalty.
Section 654.035 - Scope of rules and orders.
Section 654.056 - Variance from safety or health standards; effect of variance on citations.
Section 654.082 - Prohibiting use of equipment involved in violation; red warning notice.
Section 654.097 - Consultative services required; program standards; rules.
Section 654.101 - Voluntary safety and health consultation; refusal to disclose report.
Section 654.130 - Proceedings against unwilling witnesses.
Section 654.150 - Sanitary facilities at construction projects; standards; exemptions.
Section 654.165 - Employees not required to work bare-handed or rubber-gloved on high voltage lines.
Section 654.172 - Exemption from inspection or investigation for certain agricultural activities.
Section 654.182 - Rules for ORS 654.176; contents.
Section 654.191 - Occupational Safety and Health Grant program; rules.
Section 654.200 - Scholarship account; use; standards for eligibility.
Section 654.206 - Grounds for issuance of inspection warrants; requirements of affidavit.
Section 654.212 - Procedure for issuance of inspection warrant by magistrate.
Section 654.216 - Execution of inspection warrants.
Section 654.295 - Application of Oregon Safe Employment Act.
Section 654.330 - Fellow servant negligence as defense.
Section 654.345 - Safety standards for utility vehicle rentals.
Section 654.402 - Activities permitted under other designation, certification or license.
Section 654.412 - Definitions for ORS 654.412 to 654.423.
Section 654.413 - Required policies regarding surgical smoke.
Section 654.416 - Required records of assaults against employees; contents; summary report; rules.
Section 654.421 - Refusal to treat certain patients by home health care employee.
Section 654.423 - Use of physical force by health care employee in self-defense against assault.
Section 654.750 - Definitions for ORS 654.750 to 654.780.
Section 654.760 - Rules on hazardous chemicals, safety equipment and training.