Current through Register Vol. 63, No. 9, September 1, 2024
As used in ORS
653.269 and OAR
839-020-0200 to
839-020-0270, unless the context
requires otherwise:
(1) "Employees
employed in fire protection activities" include:
(a) A "firefighter" as that term is defined
in ORS 652.050; and
(b) Any employee:
(A) Who is employed by an organized fire
department or fire protection district;
(B) Who has been trained to the extent
required by state statute or local ordinance;
(C) Who has the legal authority and
responsibility to engage in the prevention, control or extinguishment of a fire
of any type; and
(D) Who performs
activities which are required for, and directly concerned with, the prevention,
control or extinguishment of fires, including such incidental non-firefighting
functions as housekeeping, equipment maintenance, lecturing, attending
community fire drills, and inspecting homes and schools for fire
hazards.
(c) Employees
as defined in paragraphs (a) and (b) of this subsection, regardless of their
status as "trainee," "probationary," or "permanent," or of their particular
specialty or job title (e.g., firefighter, engineer, hose or ladder operator,
fire specialist, fire inspector, lieutenant, captain, inspector, fire marshal,
battalion chief, deputy chief, or chief), and regardless of their assignment to
support activities of the type described in section (2) of this rule, whether
or not such assignment is for training or familiarization purposes, or for
reasons of illness, injury or infirmity;
(d) Rescue and ambulance service personnel if
such personnel form an integral part of the public agency's fire protection
activities (see OAR 839-020-0260);
(e) Employees who work for forest
conservation agencies or other public agencies charged with forest fire
fighting responsibilities and who direct or engage in:
(A) Fire spotting or lookout activities;
or
(B) Fighting fires on the fire
line or from aircraft; or
(C)
Operating tank trucks, bulldozers and tractors for the purpose of clearing fire
breaks.
(f) Employees as
defined in paragraph (e) of this subsection, regardless of their status as full
time or part time agency employees or as temporary or casual workers employed
for a particular fire or for periods of high fire danger, including those who
have had no prior training;
(g) Any
employee who actually engages in fire protection activities as defined in this
section and in the simultaneous performance of such related functions as
housekeeping, equipment maintenance, tower repairs and/or the construction of
fire roads.
(2)
"Employees employed in fire protection activities" does not include:
(a) "Civilian" employees of a fire
department, fire district, or forestry service who engage in such support
activities as those performed by dispatchers, alarm operators, apparatus and
equipment repair and maintenance workers, camp cooks, clerks and
stenographers;
(b) Maintenance and
office personnel who do not fight fires on a regular basis, although such
employees may be included during emergency situations when they are called upon
to spend substantially all (i.e., 80 percent or more) of their time during the
applicable work period in one or more of the activities described in paragraph
(e) of this section.
(3)
"Employees employed in law enforcement activities" include:
(a) Any employee who is a uniformed or
plainclothed member of a body of officers and subordinates who are empowered by
state statute or local ordinance to enforce laws designed to maintain public
peace and order and to protect both life and property from accidental or
willful injury, and to prevent and detect crimes and:
(A) Who has the power to arrest;
and
(B) Who is presently undergoing
or has undergone or will undergo on-the-job training and/or a course of
instruction and study which typically includes physical training, self-defense,
firearm proficiency, criminal and civil law principles, investigation and law
enforcement techniques, community relations, medical aid and ethics.
(b) Employees as defined in
paragraph (a) of this subsection, regardless of their rank, or of their status
as "trainee," "probationary," or "permanent," and regardless of their
assignment to duties incidental to the performance of their law enforcement
activities such as equipment maintenance or lecturing, or to support activities
of the type described in section (8) of this rule, whether or not such
assignment is for training or familiarization purposes, or for reasons of
illness, injury or infirmity;
(c)
Rescue and ambulance service personnel if such personnel form an integral part
of the public agency's law enforcement activities (see OAR
839-020-0260).
(4) "Employees employed in law
enforcement activities" typically include city police; district or local
police, sheriffs, under sheriffs or deputy sheriffs who are regularly employed
and paid as such; court marshals or deputy marshals; constables and deputy
constables who are regularly employed and paid as such; border control agents;
state troopers and highway patrol officers. Other agency employees not
specifically mentioned may, depending upon the particular facts and pertinent
statutory provisions in that jurisdiction meet the tests described in section
(3) of this rule. If so, for purposes of ORS
653.269(3),
they will also qualify as law enforcement officers. Such employees might
include, for example, fish and game wardens or criminal investigative agents
assigned to the office of a district attorney, an attorney general, a solicitor
general or any other law enforcement agency concerned with keeping public peace
and order and protecting life and property.
(5) Employees who do not meet each of the
three tests described in section (3) of this rule are not engaged in "law
enforcement activities" as that term is used in ORS
653.269(3).
Employees who normally would not meet each of these tests include:
(a) Building inspectors (other than those
defined in OAR 839-020-0240);
(b) Health inspectors;
(c) Animal control personnel;
(d) Sanitarians;
(e) Civilian traffic employees who direct
vehicular and pedestrian traffic at specified intersections or other control
points;
(f) Civilian parking
checkers who patrol assigned areas for the purpose of discovering parking
violations and issuing appropriate warnings or appearance notices;
(g) Wage and hour compliance
officers;
(h) Equal employment
opportunity compliance officers;
(i) Tax compliance officers;
(j) Coal mining inspectors; and
(k) Building guards whose primary duty is to
protect the lives and property of persons within the limited area of the
building.
(6)
"Correctional institution" means any government facility maintained as part of
a penal system for the incarceration or detention of persons suspected or
convicted of having breached the peace or committed some other crime.
Typically, such facilities include penitentiaries, prisons, prison farms,
county, city and village jails, precinct house lockups and
reformatories.
(7) "Security
personnel in correctional institutions" include those who have responsibility
for controlling and maintaining custody of inmates and of safeguarding them
from other inmates or for supervising such functions, regardless of whether
their duties are performed inside the correctional institution or outside the
institution (as in the case of road gangs). These employees are considered to
be engaged in law enforcement activities regardless of their rank (e.g.,
warden, assistant warden or guard) or of their status as "trainee,"
"probationary," or "permanent," and regardless of their assignment to duties
incidental to the performance of their law enforcement activities, or to
support activities of the type described in section (5) of this rule, whether
or not such assignment is for training or familiarization purposes or for
reasons of illness, injury or infirmity.
(8) "Employees employed in law enforcement
activities" does not include:
(a) "Civilian"
employees of law enforcement agencies or correctional institutions who engage
in such support activities as those performed by dispatcher, radio operators,
apparatus and equipment maintenance and repair workers, janitors, clerks and
stenographers;
(b) Employees in
correctional institutions who engage in building repair and maintenance,
culinary services, teaching, or in psychological, medical and paramedical
services, even though such employees may, when assigned to correctional
institutions, come into regular contact with the inmates in the performance of
their duties.
Stat. Auth.: ORS
279.342(3)
Stats. Implemented: ORS
279.342
