> > *From Mindy Stone:* > > *Since the lockdown in Oregon in March, OSHA has been illegally fining > businesses t**hat 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 > <https://osha.oregon.gov/OSHARules/proposed/2020/ltr-3-proposed-employer-knowledge.pdf> > and OR-OSHA’s Proposed Increase of Certain Minimum and Maximum Penalties > for Alleged Violations > <https://osha.oregon.gov/OSHARules/proposed/2020/ltr-3-proposed-penalties.pdf> > . > > *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.* > ---
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