1. (1) Establishment: A single physical location where business is conducted or where services or industrial operations are performed. Where distinctly separate activities are performed at a single physical location, each activity shall be treated as a separate establishment.
2. (2) Insured employer: An employer insured with a workers’ compensation carrier.
3. (3) Insurer: The State Accident Insurance Fund (SAIF) Corporation or any insurance company authorized or regulated under ORS Chapter 731 to issue workers’ compensation insurance policies in Oregon.
4. (4) Loss prevention effort: An ongoing effort by the self-insured employer to integrate health and safety into the workplace in such a manner that occupational injuries and ill- nesses are reduced.
5. (5) Loss prevention plan: A plan developed by the employer with the assistance of the insurer with the primary emphasis on reduction of workplace injuries and illnesses.
6. (6) Loss prevention services: Services designed to advise and assist employers in the identification, evaluation, and control of existing and potential causes of accidents and occupational health and safety problems.
7. (7) Loss prevention services program: A program intended to promote occupational health and safety, and to help eliminate and control work hazards to employees.
8. (8) Self-insured employer: An employer certified under ORS 656.430 as meeting the qualifications of a self-insured employer set out by ORS 656.407.

9. (9) Substantial failure to comply: The failure by an insurer or self-insured employer to respond or make available timely on-site services; failure to respond or make available in a timely manner specialized consultative services or:

   1. (a) If an insurer fails to identify and advise of in a timely manner reasonably discoverable serious or life-threatening hazards within the scope of the services requested or provided or:
   2. (b) If a self-insured employer fails to identify and control in a timely manner reasonably discoverable serious or life-threatening hazards within the scope of the services requested or provided.

Statutory/Other Authority

ORS 654.025(2) & 656.726(4)

Statutes/Other Implemented

ORS 654.001 - 654.295

History

OSHA 2-2009, f. 1-27-09, cert. ef. 2-3-09
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-1999, f. & cert. ef. 7-15-99
APD 21-1988, f. & cert. ef. 12-27-88