(2) An affected employee or representative of such employees may contest the time fixed for correction of a violation by filing with the department, within 30 days after the receipt by the employer of the citation, notice or order which fixes such time for correction, a written request for a hearing before the board. Such a request need not be in any particular form, but shall specify the violation in question and the grounds upon which the employee considers the correction period to be unreasonable.
(3) A hearing on any question relating to the validity of a citation or the proposed civil penalty to be assessed therefor shall not be granted unless a request for hearing is filed by the employer within the period specified in subsection (1) of this section. If a request for hearing is not so filed, the citation and the assessment of penalty as proposed shall be a final order of the department and shall not be subject to review by any agency or court.
(4) A hearing relating to the reasonableness of the time prescribed for the correction of a violation shall not be granted, except for good cause shown, unless a request for hearing is filed within the period specified in subsections (1) and (2) of this section. If a request for hearing is not so filed the time fixed for correction of the violation shall be a final order of the department and shall not be subject to review by any agency or court.
(5) Where an employer contests, in good faith and not solely for delay or avoidance of penalties, the period of time fixed for correction of a nonserious violation, such period of time shall not run between the date the request for hearing is filed and the date the order of the department becomes final by operation of law or on appeal.
(6) Where an employer or employee contests the period of time fixed for correction of a serious violation, any hearing on that issue shall be conducted as soon as possible and shall take precedence over other hearings conducted by the board under the provisions of ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780.
(7) Where informal disposition of a contested case is made by stipulation, agreed settlement or a consent order, such stipulation, settlement or order shall not be pleaded or admissible in evidence as an admission or confession in any criminal prosecution or in any other civil proceeding that may be instituted against the employer, except in the case of a civil proceeding brought to enforce such stipulation, settlement or order. [1973 c.833 §18 (enacted in lieu of 654.055); 1977 c.804 §38; 2007 c.432 §1]
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.