Oregon OSHA is proposing significant improvements to its safety and health rules for housing that employers provide to workers, most often in agricultural settings. The proposed rule changes are part of a comprehensive package of program enhancements aimed at protecting agricultural workers and their families and boosting employer compliance.
The division’s agricultural labor housing (ALH) rule proposal – which will undergo an open and transparent public hearing and comment process before it is adopted – involves numerous improvements to requirements for addressing the potential hazards in employer-provided housing. Oregon OSHA regulates such facilities from the perspective of workplace safety and health.
The rule proposal is part of a comprehensive set of reforms on how the division addresses ALH. Those reforms, which are in addition to the rule proposal, would be incorporated as part of the budget and other administrative processes. Altogether, the reform package includes:
- Rule changes that would substantially raise the protective standards for indoor and outdoor facilities that employers must include when they provide housing.
- Technical assistance to support the Oregon Department of Agriculture in providing $5 million in grant funds to growers for existing on-farm housing compliance with the rule change. In addition, a commitment to support additional funding for infrastructure improvements once the existing grant funding is exhausted.
- Development of a new, annual self-certification requirement for employers that includes required statements and mandatory documentation – including photos, videos, or other evidence – of continued compliance for certain rule provisions. This would be pursued through a budget proposal during the 2025 legislative session. If approved, it would complement future enhancements to the registration system by including more detailed information about each location’s amenities. Oregon OSHA would conduct a rulemaking to add the self-certification requirement to its registration process.
- Establishment of a new seasonal ALH surveyor program to increase Oregon OSHA’s ability to evaluate conditions at housing locations. This would be pursued in conjunction with the self-certification program budget proposal. The surveyor program would deploy seven seasonal surveyors across the state to evaluate site conditions, attempt to gain compliance when noncompliant conditions are identified, and refer a site to Oregon OSHA’s enforcement program if needed. Other staff will support the program’s work, including the recertification process, training, and the expected increase in ALH enforcement inspections. A rulemaking would also be conducted to implement this program.
- Increased interagency coordination regarding issues affecting agricultural workers.
“Our comprehensive approach to ALH reflects the fact that this rule proposal must be accompanied by additional, program-level steps to bolster the safety and health of who we know are among our most vulnerable workers and families,” said Renée Stapleton, administrator for Oregon OSHA. “As we move forward in this way, we will do so in partnership with multiple state agencies. Because building a better framework for ALH is not an individual effort, it will take a lot of teamwork.”
“And with all of these proposed changes,” Stapleton added, “we are focusing on increasing protective measures while maintaining a stable operating environment for employers.”
Oregon OSHA’s announcement of the package of reforms follows a challenging multi-year, comprehensive review of its existing ALH requirements that included using a rulemaking advisory committee. The division garnered input from growers, agricultural associations, housing operators, and employee representative groups.
“We are grateful for the active participation of worker and grower representatives during the transparent and productive advisory process that led to this proposal,” said Andrew Stolfi, director of the Department of Consumer and Business Services, of which Oregon OSHA is a division. “Worker protection is at the core of our mission. We know that we cannot achieve our mission simply by issuing regulations, which is why we are proposing a comprehensive, multi-agency approach to protecting some of our most vulnerable workers. We look forward to receiving public comment on these proposals.”
Public hearings on the ALH rule proposal will be conducted at a later date in both Spanish and English. The rule proposal process will include opportunities for public comment, including in writing. Once the rule has been proposed through the Secretary of State rulemaking process later this month, comments may be submitted by email at OSHA.rulemaking@dcbs.oregon.gov. The deadline for submitting comments and the public hearing schedule will be posted online on Oregon OSHA’s proposed rule and the agricultural labor housing webpages.
The proposal’s language – available for review online – includes delayed effective dates for certain provisions, recognizing the need for time to prepare for the changes.
Source: Oregon OSHA