About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2004 Oregon Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagor0035 and id is 1 raw text is: HARDY MYERS PETER D. SHEPHERD Nttorey General Deputy Attorney General DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION January 5, 2004 Barry Jones, Manager of Enforcement Oregon Occupational Safety and Health Division 350 Winter St, NE, Room 430 Salem OR 97301-3882 Re: Opinion Request OP-2004-1 Dear Mr. Jones: David Sparks, Special Assistant to the Administrator, Oregon Occupational Safety and Health Division of the Department of Consumer and Business Services (OR-OSHA), asked three questions about OR-OSHA's jurisdiction over inmates participating in prison work programs.'/ We set out the questions asked and our short answers below, followed by our analysis. 1. In those situations where a city or county government in Oregon elects to provide workers' compensation coverage for inmates in accordance with ORS 656.041, do Oregon's occupational safety and health laws apply to those inmates by virtue of this election? Yes. 2. In those situations where a city or county government has not elected to provide workers' compensation coverage for inmates, do Oregon's occupational safety and health laws apply to the inmates? Apart from occupational safety and health statutes, is there a separate legal obligation for an entity using and directing inmate labor to record injuries and illnesses of that labor in the OSHA 300 log? No. Without election by a city or county government, the state's occupational safety and health laws do not apply to inmates. Our research has not identified any legal obligation to record injuries and illnesses for an entity using and directing inmate labor apart from occupational safety and health laws. 3. When youth offenders (under age 21) are temporarily employed per ORS 420.060 to 420.074, do Oregon's occupational safety and health laws apply to the youth offenders? Oregon's occupational safety and health laws apply to youth offenders if the employer elects or is required to provide workers' compensation coverage for them under ORS chapter 656 or if the youth are subject to the direction and control of the employer.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most