Are Oregon contractors liable on a per-employee basis for failing to comply with OSHA personal protective equipment (PPE) and training requirements? Under a new administrative order issued by Oregon OSHA, the answer is yes.

Under this order, Oregon OSHA adopted a federal OSHA rule clarifying that employers are liable for violations on a per-employee basis. Until now, there was some uncertainty whether OSHA could impose penalties on an employer for each employee who failed to comply with OSHA’s PPE and training standards. Not now. This raises the stakes for any Oregon contractor that fails to make sure its employees follow these standards. Contractors should alert their safety managers that each PPE or training violation (for example, an employee not showing up with the right footwear) may result in a penalty.

Because the Oregon OSHA order is based on a federal rule, contractors working outside Oregon should find out whether the new federal OSHA rule applies in their states too.
 

Photo of Stephen Kelly Stephen Kelly

Stephen Kelly focuses his practice on construction and development, including contract drafting and negotiating and construction-related litigation. Steve, Of Counsel in the Stoel Rives’ Construction and Design group, has represented private and public owners, developers, contractors and designers in many facets of development…

Stephen Kelly focuses his practice on construction and development, including contract drafting and negotiating and construction-related litigation. Steve, Of Counsel in the Stoel Rives’ Construction and Design group, has represented private and public owners, developers, contractors and designers in many facets of development and construction law. He has been listed in Best Lawyers in America® in the practice area of Native American Law from 2012 to 2015 and was selected by Best Lawyers® as Portland Native American Law Lawyer of the Year for 2013.