Shahtout v. Emco Garbage Co., 298 Or 598, 695 P2d 897 (Feb. 12, 1985) (SC S30764): the standing Oregon rule on governmental safety requirements as the standard of care (negligence per se where the requirement is enacted by the legislature or promulgated under delegated authority for general public safety; a workplace safety rule protecting a class that includes the plaintiff is admissible and 'may' be taken into account by the trier of fact in deciding due care)

Civil liability in negligence (negligence per se where the requirement was enacted by the legislature or promulgated under delegated authority for general public safety; otherwise the requirement is evidence of the standard of due care).

States the rule that fixes the standard of care of every Oregon business that had no liability shield (DUT-OR-009): a safeguard 'required' by statute or by a rule promulgated under delegated authority 'for general public safety' sets 'a mandatory standard of care' whose omission is negligence per se toward any victim within the protected class, and a workplace safety rule adopted for employees (there, an Oregon OSHA-administered rule) is admissible where 'the risk is common to workers and other persons, and the government has determined that the risk calls for a mandatory safeguard,' so that 'the jury (or judge) may take this governmentally prescribed safeguard into account in deciding the issue of due care'; the public health laws (ORS 431A.005(8)), the gubernatorial orders with 'the full force and effect of law' (ORS 401.192(1)) and OAR 437-001-0744 were such requirements. Character as recorded: adjudication (negligence per se; common-law duty).