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ORS 654.412

Known as the Oregon Safe Employment Act

The act spans §§ 654–654 (138 sections).

Applied in 5 court decisions — leading case 230 Or. App. 715 - Herbert v. Altimeter, Inc. (2009)

Most recently applied in Ossanna v. Nike, Inc. (July 2019)

2007 c.397 §2; 2021 c.362 §3; 2025 c.535 §2

How often courts cite this section

20092010201930
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

As used in ORS 654.412 to 654.423:

(1) “Assault” means intentionally, knowingly or recklessly causing physical injury.

(2) “Energy generating device” means a tool that performs a surgical function using heat, laser, electricity or other form of energy.

(3) “Health care employer” means:

(a) An ambulatory surgical center as defined in ORS 442.015.

(b) A hospital as defined in ORS 441.760, except for the Oregon State Hospital.

(c) A home health agency as defined in ORS 443.014.

(d) A home hospice program.

(4) “Home health care services” means items or services furnished to a patient by an employee of a health care employer in a place of temporary or permanent residence used as the patient’s home.

(5) “Home hospice program” means a coordinated program of home care, available 24 hours a day, that utilizes an interdisciplinary team of personnel trained to provide palliative and supportive services to a patient-family unit experiencing a life threatening disease with a limited prognosis.

(6) “Smoke evacuation system” means equipment that effectively captures or neutralizes surgical smoke before the smoke makes contact with the eyes or the respiratory tract of the occupants of a room.

(7) “Surgical smoke” means the by-product that results from contact with tissue by an energy generating device.

(8) “Workplace violence” includes any act or threat of physical violence, harassment, intimidation, assault, homicide or any other threatening behavior that occurs in the workplace.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.