1. (1) As used in this section and ORS 651.080, “advisory opinion” means written guidance:

   1. (a) On the interpretation or application of a provision of law over which the Bureau of Labor and Industries has enforcement authority to an actual or hypothetical circumstance.
   2. (b) Concerning topics over which the bureau has enforcement authority and that the Employer Assistance Division of the Bureau of Labor and Industries determines may be beneficial to employers, employees and members of the public.
2. (2) The division may, upon the request of any person, or in its own discretion, issue and publish, on a publicly accessible website operated by the bureau, written advisory opinions. Advisory opinions issued by the division under this section must be published on the bureau’s website as soon as is practicable following the issuance of the opinion.

3. (3) Advisory opinions issued and made publicly available under this section, and any related communications that occur after the employer has requested the advisory opinion, are:

   1. (a) Not confidential;
   2. (b) Subject to disclosure under ORS 192.311 to 192.478; and
   3. (c) Admissible as evidence in any subsequent adjudicatory proceeding conducted by the bureau.
4. (4) Unless an advisory opinion is revised or revoked, an administrative law judge of the bureau shall consider whether an action that may be subject to penalty was taken in good faith reliance on an advisory opinion issued under this section.

[2025 c.22 §4]