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Oregon OSHA reports appeals surge after SB 592; requests staff and higher DOJ limitation
Summary
Oregon OSHA told the subcommittee that statutory minimum penalties under SB 592 narrowed settlement options and increased appeals, producing nearly 500 active appeals; the agency requested additional appeals staff and said anticipated biennial Department of Justice costs could level at about $7.8 million.
Renee Stapleton, administrator of Oregon OSHA, told the Joint Ways and Means Subcommittee on Economic Development that changes enacted in Senate Bill 592 (2023 session) have increased appeal activity and stretched agency resources.
"Senate Bill 592 from 2023 has several requirements in the bill including requiring Oregon OSHA to conduct a comprehensive inspection within 1 year when a violation caused or contributed to the death of an employee," Stapleton said. She described new minimum penalties for certain violations, a new violation category tied to fatalities, and an annual adjustment of penalties based on the Western CPI.
Stapleton said that because statutory minimums narrowed settlement options, a greater share of employers are choosing administrative hearings. The agency presented a caseload snapshot showing nearly 500 active appeals across intake, appeals-specialist and management stages. She warned that adjudication timelines can be long — in some cases taking years if cases proceed to higher courts.
To address workload and improve customer service, Oregon OSHA requested additional positions including a public records specialist, an appeals administrative specialist, an appeals specialist and a manager for appeals. Stapleton also said the Department of Justice bills Oregon OSHA for representation in transferred cases and that biennial DOJ costs related to appeals could settle near $7,800,000; the agency asked for an increase in limitation to cover current biennium needs and said it may return later as assumptions are updated.
Committee members asked procedural and resource questions. The Chair asked whether increased appellate activity would require more DOJ time; Stapleton confirmed DOJ handles cases once transferred to the workers' compensation board and that DOJ bills the agency for its time. Members also discussed the length of time cases may remain in the system and the practical impacts of the penalty changes on settlement dynamics.
Because the OSHA presentation was informational, the committee took no formal action on the staffing and limitation requests during the meeting.
