Oregon OSHA confirmed to be acting within its authority on agricultural labor housing safety, health rules

The Oregon Occupational Safety and Health Division (Oregon OSHA) acted within its authority when it adopted rules strengthening safety and health requirements for agricultural labor housing (ALH), the Oregon Department of Justice (DOJ) has confirmed in written legal advice.

The legal advice clears away any potential doubt about the division’s authority to enforce its amended ALH rule, parts of which are scheduled to take effect March 31, 2025. At issue was a view expressed by the Office of the Legislative Counsel that Oregon OSHA exceeded its authority in amending its ALH rule. Legislative Counsel’s opinion narrowly focused on a statute dealing with registration, failing to account for Oregon OSHA’s separate, broad authority to regulate all places of employment – including housing provided as a condition of employment – under the Oregon Safe Employment Act (OSEA).

The DOJ written legal advice begins by confirming written legal advice from 1989 in which DOJ discussed Oregon OSHA’s broad authority under the OSEA to regulate farmers, farm labor contractors, and others who provide living quarters or shelter for employees. DOJ then addresses the view that Oregon OSHA exceeded its authority when issuing its recent ALH rule by failing to exempt certain categories of housing, stating that the “farmworker camp registration statutes in ORS 658.705 to 658.850 do not alter or limit the director’s authority to regulate agriculture labor housing under the OSEA.” The written legal advice concludes by clearly stating that Oregon OSHA “has broad authority to adopt rules related to agricultural labor housing, including for single, isolated dwelling[s] occupied solely by members of the same family, or by five or fewer unrelated individuals.”

“We are pleased with DOJ’s conclusion that we continue to act within our legal authority regarding the development and enforcement of the ALH rule, which has been in place for decades, and that we can move past any uncertainty about the amendments that Oregon OSHA adopted,” said Andrew Stolfi, director of the Oregon Department of Consumer and Business Services, which includes Oregon OSHA as a division. “We remain fully committed to helping employers implement the changes in the rule. We have already published easy-to-use fact sheets and pocket-size cards about the changes, with more helpful resources on the way.”

Under the Oregon Safe Employment Act (Chapter 654 of Oregon’s laws), Oregon OSHA has broad authority to set “reasonable, mandatory occupational safety and health standards for all employments and places of employment.” Meanwhile, Chapter 658 of the state’s laws gives Oregon OSHA authority to set housing registration requirements and requires operators of agricultural labor housing to comply with any other rules under the Oregon Safe Employment Act.

Oregon OSHA enacted its ALH rule amendments under the authority granted to it by the state Legislature in Chapters 654 and 658. The division did so Jan. 8, 2025, following a rulemaking process that included stakeholder engagement and rule development, rule proposal and public notification, and public hearings and written comments. The changes include more rigorous requirements for kitchens and bathing and toilet facilities, and enhanced safety requirements for facility grounds and water testing. The changes advance labor housing standards, aligning with federal requirements and reflecting best practices.

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About Oregon OSHA: Oregon OSHA enforces the state's workplace safety and health rules and works to improve workplace safety and health for all Oregon workers. The division is part of the Department of Consumer and Business Services, Oregon’s largest consumer protection and business regulatory agency. Visit osha.oregon.gov and dcbs.oregon.gov.

Contact information
Aaron Corvin, public information officer
971-718-6973
Aaron.Corvin@dcbs.oregon.gov