DOJ: OSHA Acted Within Its Authority

The Oregon Department of Justice confirmed last week the state OSHA has the authority to adopt rules for farm worker housing.  Opponents claimed OSHA had reached beyond the agency’s legal authority when ag labor housing rules were crafted.  The DOJ said Oregon OSHA has broad authority to set “reasonable, mandatory standards for all places of employment, including housing provided by an employer”.

“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."

OSHA says this clears the way for the agency to enforce its amended Agricultural Labor House (ALH) rule, parts of which are scheduled to take effect Monday March 31st.

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