NWJP is playing a lead role in a number of important bills in the 2023 Oregon legislative session:
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1. PCUN and NWJP, along with the Oregon Environmental Council and Oregon Law Center, are lobbying a bill that will strengthen a worker’s “right to refuse” dangerous work. This right already exists in a little-known administrative rule; this bill clarifies the right and puts it in Oregon statute. Workers in low-wage jobs and immigrant workers suffer high rates of workplace injuries. Climate hazards are adding to the risks. This bill will clarify that workers can say no to job assignments they reasonably believe could seriously injure or kill them. Senator Patterson and Reps. Hudson, Nelson and Andersen are chief sponsors of SB 907.
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2. The Oregon AFL-CIO has a bill that will require Oregon OSHA to conduct comprehensive, follow-up inspections in the year following a workplace death or multiple willful violations, SB 592. It will increase the penalty for serious violations that lead to a worker’s death to a minimum of $20,000 (and up to $50,000,) and for willful or repeat violations leading to a worker’s death to a minimum of $50,000 (and up to $250,000). Currently OR OSHA reduces violations based on an employer’s size, even in the case of serious and willful violations, resulting in very small penalties even in egregious situations. The bill will take away the small employer adjustment unless the employer agrees to additional mitigation of the hazards. Finally, the bill requires annual reporting to the Legislature on the number of OR OSHA inspections, citations and appeals. NWJP is providing technical expertise and worker testimony on this bill, and will be lobbying with the AFL. A hearing took place on February 14th in the Senate Labor and Business Committee, with NWJP Attorney, Kate Suisman, and NWJP client, Maria Vargas. Maria's powerful testimony is here, starting at 55 minutes in.
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3. The Oregon AFL-CIO has two bills related to workers' compensation that NWJP is also working on. One will require employers to report all workplace accidents that require more than "first aid." Currently, some employers are encouraging workers to receive medical care onsite, which can be dangerous for workers, but also often leads these employers to fail to report the injuries to the Workers' Compensation Division. The second bill will prohibit an employer from requiring that a worker quit their job and never work there again in order to settle their workers' compensation claim. This is a common practice that we strongly believe is retaliatory. Bill numbers are not available yet. NWJP is providing technical expertise and worker testimony on these bills, and will be lobbying with the AFL.
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4. We are also supporting the Pacific NW Carpenters in their bill regarding wage theft in the construction industry, HB 2057. We have given technical feedback on the proposed language and have met with stakeholders to try to hash out a strong bill that will make general contractors liable for unpaid wages down the subcontracting chain.
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5. We lined up worker testimony for the AARP's bill to expand the definition of "age" when it comes to age discrimination, HB 2800. We worked with two former NWJP clients to write and submit their testimony at the February 6th hearing on the bill in the House Business and Labor Committee. Kate Suisman also gave compelling rebuttal testimony at the end of the hearing, addressing some of the misconceptions of industry lobbyists.
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