What is the reason for sponsoring a bill? Most ideas are written into legislation without any idea of cost or where the money will come from to implement it. Senator Kathleen Taylor (D -Portland) has an answer to create more funding. She calls it “Workplace Safety Bill.” SB 592 will enforce stiffer penalties for Oregon OSHA safety violations, and aligns fines with federal OSHA standards.

Senator Taylor reported that this legislation will align Oregon OSHA policies with federal OSHA standards. Currently, Oregon’s penalties for serious violations are more than 73% below the national standard, some of the lowest fines in the nation.

It has to be about the money since SAIF reports in 2022, Oregon’s SAIF workers’ compensation program achieved the tenth lowest rate. Disabling claims have dropped by over 50% and the fatality rate has plummeted by 70%.

“We need to do everything we can to keep people safe,” said Senator Taylor. “Our workforce is Oregon’s most valuable asset. This bill protects our people and our economy.”

Major business sectors disagree. Oregon Farm Bureau Federation and Oregon Association of Nurseries testified, “we disagree with the premise that substantially increasing penalties will deter “bad actors” from willfully violating the law. That said, Oregon employers operate in an increasing burdensome and complicated regulatory arena, and many are struggling to navigate compliance with recently passed OR-OSHA laws. For family farms and nurseries, the proposed increase in penalties could be devastating or limit opportunities to invest in additional safety measures. Oregon has done a lot of work over the last several years to update workplace safety regulations, and we should find out whether that will have an impact on workplace safety before passing laws to levy stiffer and more significant penalties.”

A D V E R T I S E M E N T

A D V E R T I S E M E N T

Oregon Business & Industries agreed, “For the many businesses that work hard to comply with Oregon’s workplace safety laws, SB 592 would require OHSA to conduct “comprehensive inspections” whenever a fatality occurred, even if the fatality were the result of an accident. Since they would be tied to negative outcomes, not negative behaviors, comprehensive inspections triggered by accidents would not foster safer workplaces. Instead, they would place a heavy burden on businesses by allowing OSHA to perform incredibly broad facility-wide inspections.”

Association of Oregon Loggers said, “The bill would perversely pit OR-OSHA against employers, rather than employing the Oregon Way of cooperation and coordination in the pursuit of safer and better outcomes... The one-size-fits-all approach to inspections and penalties has the potential to destroy small and family-owned businesses, small enterprises that may not have the means to employ exemplary legal counsel, or absorb the high penalty exposure as would a larger business.”

Senator Taylor says SB 592 will protect Oregon workers by enforcing stiffer penalties for workplace safety violations, especially for employers with willful or repeated violations.

SB 592 passed the Senate on nearly partisan lines, and will now move to the Oregon House of Representatives for consideration.

Senator Brian Boquist explains his descending vote. “SB 592 updates and addresses repeat offenders regarding work places. However, it raises the minimum fines over a thousand percent with no latitude to the regulator. The agencies actions during the political pandemic were less than stellar. Future legal actions will create serious liability for the agency and state. SB 592 should be amended in the House to have a reasonable and flexible minimum fine.”


--Dollie Banner

Post Date: 2023-03-10 13:24:07

Last Update: 2023-03-09 23:46:42