Or. Admin. Code § 839-001-0100

Current through Register Vol. 63, No. 12, December 1, 2024

Section 839-001-0100 - Definitions for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments

As used in ORS 652.010 to 652.030 and in OAR 839-001-0100 to 839-001-0200, unless the context requires otherwise:

(1) "Administrative duties" means office or non-manual work directly related to the employer's management policies or general business operations.

(2) "Agent of the Employer" includes any person acting as the employer's agent for purposes of assigning work, assigning hours of work, or authorizing overtime payments to employees.

(3) "Bureau" means the Bureau of Labor and Industries of the State of Oregon.

(4) "Commissioner" means the Commissioner of the Bureau of Labor and Industries.

(5) "Day" or "Day of 24 Hours" means any time period of 24 consecutive hours as determined by the employer.

(6) "Direct processing of goods" means the use of machinery in the production of manufactured goods.

(7) "Employ" includes to suffer or permit to work.

(8) "Employed in" refers to employment of employees in the actual place specified in ORS 652.010 to 652.030. Employees who are not performing duties in the named places are not "employed in" those places.

(9) "Employee" means any individual employed by an employer.

(10) "Employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee.

(11) "Factory" means a building or set of buildings with facilities for manufacturing; the seat of some kind of production. "Factory" in the context used in these rules is a "manufacturing establishment".

(12) "Finished Forest Products" means a forest product ready for sale to a wholesaler or retailer of finished products.

(13) "Machinery" means material-handling equipment and power-driven machines powered by electricity, nuclear or fossil fuels, hydroelectric power, geothermal power or another power source other than by human hand, foot or breath.

(14) "Manufacturing" means the process of using machinery to transform materials, substances or components into new products.

(15) "Manufacturing establishment" means an establishment engaged in manufacturing.

(16) "Mill" means a building or collection of buildings with machines for manufacturing. "Mills" in the context used in these rules are "manufacturing establishments".

(17) "Perishable product" means any product that may spoil, deteriorate or undergo other material changes that render it unsuitable for the use for which it was produced. "Perishable product" includes agricultural crops, meat and fish.

(18) "Primary Duty" means duties the employee is engaged in over 50 percent of the time the employee is employed in any workweek.

(19) "Undue hardship period" means the period of time during which a perishable product must be processed after harvesting, slaughter or catch.

(20) "Workweek" means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.

Or. Admin. Code § 839-001-0100

BL 8-1990, f. & cert. ef. 5-11-90; BLI 8-2017, amend filed 12/27/2017, effective 1/1/2018

Statutory/Other Authority: ORS 651.060(4), ORS 652 & OL Ch. 685 (2017 Laws)

Statutes/Other Implemented: ORS 652.010 - 652.030 & OL Ch. 685 (2017 Laws)