Employment Law Blog

News, trends and analysis in employment law and HR

Apr 09, 2010

OREGON: New law amends AED requirements

 

Governor Kulongoski has signed SB 1006, which makes immediate changes to Oregon law that requires a “place of public assembly” (including workplaces) to keep an automated external defibrillator (AED) on site, as follows:

 

  • A covered “place of public assembly” must be a single building with at least 50,000 square feet of indoor floor space. Previously, it was unclear whether an employer with multiple buildings on one site was obligated to add the square footage from separate buildings.
  • The law raises the minimum number of people who congregate on a normal business day at a place of public assembly to at least 50 (instead of 25) individuals. Keep in mind that your count must include not only employees, but also vendors, visitors, contractors, or others who typically gather at your building. A special section for health clubs reduces the minimum number of people at the facility to 50 (previously 100), thus making it consistent with the standards for places of public assembly.
  • To be a place of public assembly, it still must be a location where business is conducted, or where the public congregates for purposes such as deliberation, shopping, entertainment, amusement, or awaiting transportation. Buildings used primarily for worship or education associated with worship aren’t required to have an AED.
  • The new law requires community colleges and state institutions of higher education to have at least one AED on campus, including one in each building that qualifies as a place of public assembly.
  • Anyone who uses or attempts to use the AED is immune from a lawsuit, with two exceptions:  1. The person acts with gross negligence or reckless, wanton or intentional misconduct; or 2. The use, attempted use or nonuse of the AED occurs at a location where emergency medical care is regularly available (Vigilant believes this refers to hospitals or medical clinics).  

The governor also signed SB 1033, which eliminates existing exceptions for facilities owned by an education service district, public charter school or school district, effective January 1, 2011. Also, every school campus in a school district, private school campus and public charter school campus will be required to have at least one AED on the premises no later than January 1, 2015. If you have questions about how the new AED law applies to your business, contact your Vigilant safety representative.

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