Hazardous work bill heads to Gov. Kotek's desk

A law that codifies Oregon workers' right to refuse hazardous work without retaliation or discrimination from employers awaits Gov. Tina Kotek's signature after passing in the Senate and the House.

Senate Bill 907 bars employers from retaliating or discriminating against employees who refuse to do work that would expose them to serious hazards, provided the employee acted "in good faith and with no reasonable alternative."

The rule is not specific to agricultural labor, but was a legislative priority for farmworker advocates this session. Agricultural workers are especially exposed to hazardous conditions, including heavy machinery, pesticides and extreme weather, PCUN Policy Advocacy Director Ira Cuello-Martinez said.

The legislation mirrors already-existing federal law, which many states, including Oregon, follow. Oregon labor advocates said the federal rule is hard for workers to understand and exercise, because the standards for proving hazardous work are too high and protection against employer retaliation is insufficient.

"We're just trying to simplify and clarify what rights workers already have," Cuello-Martinez told the Statesman Journal in January.

SB 907 passed in the House on May 25 with 33 votes in favor and was signed by leaders of both legislative chambers this week. The bill earlier had passed with 21 votes in the Senate.

Roughly 30 farmworkers testified in support of the bill with personal stories of working through hazards. One, a nursery worker from McMinnville, said he worked through the deadly heat wave that killed another nursery worker and suffered "strong headaches" for six months afterward.

"I learned my lesson to put my health first," Nicolas, who used only his first name, wrote. "But I confess that I am afraid that there will be retaliation against me because I have received warnings that I must continue working even when I do not feel comfortable with working conditions."

Oregon Farm Bureau opposed the bill, saying it would complicate Oregon OSHA's ability to enforce workplace safety measures and add undue liability for family farms who are "at their breaking point" and "literally being priced and regulated out of business in this state."

Shannon Sollitt covers trending and news now for the Statesman Journal. Send tips, questions and comments to ssollitt@statesmanjournal.com

This article originally appeared on Salem Statesman Journal: Hazardous work bill passes Legislature, awaits governor's signature