From Mindy Stone:

Since the lockdown in Oregon in March, OSHA has been illegally fining businesses that don't force employees & customers to violate their health needs and rights and MASK UP.

OR-OSHA’s proposed rule redefines “reasonable diligence” to make employers strictly liable, so that the agency can easily win a contested case. Despite clear direction from the Supreme Court and the legislature, OR-OSHA is unfairly shifting the burden of 

determining fault to employers.    THIS WOULD MAKE BUSINESSES AND OREGON OSHA NOT LIABLE FOR ANY HARMS AGAINST YOU FOR FORCING MEDICAL DEVICES OR PROCEDURES ON CUSTOMERS WHO WANT TO CONDUCT BUSINESS WITH A BRICK 

AND MORTAR BUSINESS.

https://www.votervoice.net/OSCC/Campaigns/77823/Respond?vvsn=BoMhjAFxAC__SAx-LJX7FAA

Weigh in TODAY to Stop Overreach at OR- OSHA

Amidst the chaos of the global pandemic, OR-OSHA is moving forward with proposed changes to two administrative rules that would stack the deck against employers: OR-OSHA’s Proposed Amendments in General Administrative Rules to Clarify Employer’s Responsibilities and OR-OSHA’s Proposed Increase of Certain Minimum and Maximum Penalties for Alleged Violations.

These rule changes are about agency convenience in contested cases, NOT about employee safety.

These rule changes are technical so bear with us…

Oregon law says that for an employer to be liable for a serious violation, OR-OSHA must prove that the employer knew, or with the “exercise of reasonable diligence” could have known, of the violation. Recently, the Oregon Supreme Court made clear that the burden is on OR-OSHA to prove what is "reasonable" and what is "diligence" under the circumstances of each case. But now, OR-OSHA is attempting to change that court ruling.

1. OR-OSHA’s proposed rule redefines “reasonable diligence” to make employers strictly liable, so that the agency can easily win a contested case. Despite clear direction from the Supreme Court and the legislature, OR-OSHA is unfairly shifting the burden of determining fault to employers.
2. The proposed rule also makes the “unpreventable employee conduct” defense entirely useless. This agency continues to step outside the bounds of its authority during this global crisis!
3. In a different rulemaking, OR-OSHA’s Administrator is given unlimited discretion to impose huge penalties: $13,538 for any “serious” violation and up to $135,382 for any “willful” violation. These enormous fines could be assessed for just two paperwork violations!

Without strong opposition, OR-OSHA will adopt these rule changes at the end of October! Oregon’s businesses are already under immense pressure from OR-OSHA and are struggling to stay afloat during COVID-19. Without your immediate action, employers could be subject to strict liability and sweeping fines!

Please use the following letter to OPPOSE these proposed rule changes! Comments are due on October 30th.