OAR Chapter 437 — Department of Consumer and Business Services, Oregon Occupational Safety and Health Division

Division 1 RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT

Or. Admin. R. 437-001-0001 Model Rules of Procedure

The Model Rules of Procedure, OAR 137-001-0005 through 137-001-0100, in effect on January 1, 2008, as promulgated by the Attorney General of the State of Oregon under the Administrative Procedures Act, are adopted as the rules of procedure for rulemaking actions of the Oregon Occupational Safety and Health Division.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Oregon Occupational Safety and Health Division.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 8-2008, f. & cert. ef. 7-14-08
OSHA 1-2006, f. & cert. ef. 2-14-06
OSHA 6-2004, f. & cert. ef. 12-30-04
OSHA 2-2002, f. & cert. ef. 3-12-02
OSHA 11-2000, f. & cert. ef. 12-12-00
OSHA 7-1999, f. & cert. ef. 7-15-99
OSHA 2-1996, f. & cert. ef. 6-13-96
OSHA 2-1994, f. & cert. ef. 5-19-94
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
OSHA 3-1991, f. & cert. ef. 2-25-91

Or. Admin. R. 437-001-0002 Notice to Interested Persons of Rulemaking

Except when adopting a temporary rule, in accordance with ORS 183.335(5), the Director will give prior notice of the proposed adoption, amendment, or repeal of an administrative rule by:

(1) Publishing notice of the proposed action in the Secretary of State’s Oregon Bulletin at least 21 days prior to the effective date of the action.

(2) Notifying interested persons and organizations on the Division’s notification lists of proposed rulemaking actions under ORS 183.335. The same information is also posted on the Oregon OSHA web site at osha.oregon.gov. The Division will send the notice to those on Oregon OSHA’s e-mail notification list, and mail paper copies to those on the hard-copy notification list. Both subscription methods are available on the web site listed above or by calling the Oregon OSHA Resource Center at 503-378-3272.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-2006, f. & cert. ef. 9-6-06
OSHA 7-1999, f. & cert. ef. 7-15-99
OSHA 6-1994, f. & cert. ef. 9-30-94
OSHA 9-1991, f. & cert. ef. 4-25-91

Or. Admin. R. 437-001-0005 Authority and Applicability of Rules

(1) These rules are promulgated under the Director’s authority contained in ORS 654.025(2) and 656.726(4).

(2) Adoption Procedures: These rules for the Administration of the Oregon Safe Employment Act (OAR 437, division 1) are adopted in accordance with ORS Chapter 183 and the Director’s Rules of Practice and Procedure Applicable to Rule Making Functions.

(3) History: Prior “Rules for the Administration of the Oregon Safe Employment Act” (OAR 436, division 46, rules 436-046-0005 through 436-046-0750) were first adopted by WCB Admin. Order 19-1974; filed 6-5-74; effective 7-1-74. Amendments were made by: WCB Admin. Order 33-1974, f. 9-5-74, ef. 9-26-74. WCB Admin. Order, Safety 8-1975, f. 8-5-75, ef. 9-1-75. WCD Admin. Order, Safety 5-1978, f. 6-22-78, ef. 8-15-78. WCD Admin. Order, Safety 7-1979, f. 8-20-79, ef. 9-1-79. WCD Admin. Order, Safety 4-1981, f. 5-22-81, ef. 7-1-81. WCD Admin. Order, Safety 6-1982, f. 6-28-82, ef. 8-1-82. WCD Admin. Order, Safety 12-1982, f. 6-28-82, ef. 8-1-82. WCD Admin. Order, Safety 3-1983, f. 1-31-83, ef. 2-1-83. WCD Admin. Order, Safety 9-1983, f. 11-15-83, ef. 11-15-83. WCD Admin. Order, Safety 2-1984, f. 3-2-84, ef. 3-15-84. WCD Admin. Order, Safety 12-1984, f. 9-20-84, ef. 11-1-84. WCD Admin. Order, Safety 9-1986, f. 10-7-86, ef. 12-1-86. APD Admin. Order 6-1987, f. 12-23-87, ef. 1-1-88. APD Admin. Order 5-1988, f. 5-16-88, ef. 5-16-88.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 8-2008, f. & cert. ef. 7-14-08
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
OSHA 24-1990, f. & cert. ef. 10-10-90
OSHA 10-1990(Temp), f. & cert. ef. 5-31-90
APD 7-1988, f. 6-17-88, cert. ef. 7-1-74
APD 5-1988, f. 5-16-88, ef. 5-16-88
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 9-1986, f. 10-7-86, ef. 12-1-86
WCD 12-1984, f. 9-20-84, ef. 11-1-84
WCD 2-1984, f. 3-2-84, ef. 3-15-84
WCD 9-1983, f. 11-15-83, ef. 11-15-83
WCD 3-1983, f. 1-31-83, ef. 2-1-83
WCD 12-1982, f. 6-28-82, ef. 8-1-82
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 7-1979, f. 8-20-79, ef. 9-1-79
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 33-1974, f. 9-5-74, ef. 9-26-74

Or. Admin. R. 437-001-0010 Purpose and Scope of Rules

(1) These rules provide procedures by which the Division shall implement and enforce the Director’s authority and responsibilities under the Act.

(2) The Director adopts OAR chapter 437, division 1, to assure, as far as possible, safe and healthful working conditions for every employee in Oregon, to preserve our human resources and to reduce the substantial burden which is created by occupational injury and disease.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
OSHA 24-1990, f. & cert. ef. 10-10-90
OSHA 10-1990(Temp), f. & cert. ef. 5-31-90
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0015 Definitions

The following definitions shall apply to OAR 437, unless the context requires otherwise:

(1) Abatement — Action by an employer to comply with a cited violation of the Oregon Safe Employment Act.

(2) Accepted disabling claims — Claims accepted for disabling occupational injuries or illnesses only. A disabling injury or illness entitles the worker to compensation for disability or fatality. This type of claim excludes temporary total disability suffered during the first three calendar days after the employee leaves work as a result of the injury unless the worker is an inpatient in a hospital.

(3) Accepted disabling claims rate — The ratio of accepted disabling claims to annual average employment, times 100. Claims and employment figures are based upon the best knowledge of the Department at the time the rate is calculated (ADCR = Number of claims times 100 divided by the number of employees).

(4) Act — The Oregon Safe Employment Act (ORS 654.001 to 654.295, 654.750 to 654.780, and 654.991).

(5) Administrator — The Administrator of the Oregon Occupational Safety and Health Division (Oregon OSHA).

(6) Affected employee — An employee who, in the course and scope of employment, may be or may have been exposed to a condition or practice described in a citation, order, application for an extension date, or variance.

(7) Agent of the employer — Any supervisor or person in charge or control of the work or place of employment including, but not limited to, any manager, superintendent, foreperson, or lead worker.

(8) Appeal — A written request for a hearing to contest a citation, notice or order, a proposed assessment of civil penalty, and the period of time fixed for correction of a violation, or any of these, by filing with Oregon OSHA, within 30 days after receipt of the citation, notice or order, a written request for a hearing before the Workers’ Compensation Board. Such a request need not be in any particular form, but must specify the alleged violation that is contested and the grounds upon which the employer considers the citation or proposed penalty or correction period unjust or unlawful.

(9) Audiometric zero — The lowest sound pressure level that the average young adult with normal hearing can hear.

(10) Board — The Workers’ Compensation Board created by ORS 656.712.

(11) Catastrophe — An accident in which two or more employees are fatally injured, or three or more employees are admitted to a hospital or to an equivalent medical facility.

(12) Citation — A document issued by Oregon OSHA according to ORS 654.071 to cite a violation. A citation may include a notice of penalty and a correction order.

(13) Complaint — A written or oral report from an employee, employee representative, or other person that an occupational safety or health violation may exist at a place of employment. A complaint may be classified as one of the following:

(a) Imminent danger.

(b) Serious.

(14) Compliance officer — A designated Oregon OSHA employee responsible for conducting inspections or investigations; identifying possible violations and hazards; proposing citations, penalties, and correction dates; and assisting employers and employees with information to correct violations and hazards.

(15) Comprehensive consultation — A consultation to cover the entire establishment and entails a physical hazard assessment evaluation and a review of records, written programs, and the employer’s illness and injury prevention plan. Comprehensive consultations include a written report by the provider including findings, recommendations, and the guidance necessary to resolve the problems noted in the report.

(16) Comprehensive inspection — A substantially complete inspection of the establishment. An inspection may be comprehensive even though, as a result of the exercise of professional judgment of the compliance officer, not all potentially hazardous conditions, operations, and practices within those areas are inspected. With the exception of an emphasis inspection, a programmed inspection defined in OAR 437-001-0057 is a comprehensive inspection.

(17) Consultant — A designated Oregon OSHA employee whose responsibility is to provide a full range of occupational safety and health assistance including, but not limited to, providing employers, employees, and other agency staff with information, advice, and recommendations on maintaining safe employment or a place of employment; on correcting violations or hazards; and on applicable occupational safety and health rules, techniques, devices, methods, practices, and development of safety and health programs.

(18) DART (Days Away, Restricted, or Transferred) — The number of lost workday injury and illness cases experienced by 100 full-time workers (DART rate = Number of lost workday cases times 200,000 divided by the number of employee hours worked).

(19) Decibel (dB) — Unit of measurement of sound level. For purposes of this rule, decibels refer to the combined average of the readings at 2000, 3000, and 4000 Hz on the audiogram.

(20) Department — The Department of Consumer and Business Services.

(21) Director — The Director of the Department of Consumer and Business Services, or the director’s designee.

(22) Division — The Oregon Occupational Safety and Health (Oregon OSHA) Division of the Department of Consumer and Business Services.

(23) Emphasis Program — A special program that targets Oregon OSHA activity to industries that have a high potential for serious injuries or illnesses, according to national or state data.

(24) Employee — Any individual, including a minor, whether lawfully or unlawfully employed, who engages to furnish services for a remuneration, financial or otherwise, and who is subject to the direction and control of an employer, and includes:

(a) Salaried, elected and appointed officials of the state, state agencies, counties, cities, school districts, and other public corporations.

(b) Any person provided with workers’ compensation coverage as a subject worker under ORS Chapter 656, whether by operation of law or by election.

(25) Employee exposure record — A record of monitoring or measuring that contains qualitative or quantitative information indicative of employee exposures to toxic materials or harmful physical agents. This includes both individual exposure records and general research or statistical studies based on information collected from exposure records.

(26) Employee medical record — A record that contains information concerning the health status of an employee or employees exposed or potentially exposed to toxic materials or harmful physical agents. These records may include, but are not limited to:

(a) The results of medical examinations and tests;

(b) Any opinions or recommendations of a physician or other health professional concerning the health of an employee or employees; and

(c) Any employee medical complaints relating to workplace exposure. Employee medical records include both individual medical records and general research or statistical studies based on information collected from medical records.

(27) Employee representative — A bargaining unit representative, or an individual selected by employees, who serves as their spokesperson.

(28) Employer:

(a) Any person who has one or more employees, or

(b) Any sole proprietor or member of a partnership who elects workers’ compensation coverage as a subject worker according to ORS 656.128, or

(c) Any corporation in relation to the exposure of its corporate officers except for corporations without workers’ compensation coverage under ORS 656.128 and whose only employee is the sole owner of the corporation, or

(d) Any successor or assignee of an employer. For purposes of this definition and ORS 654.005(5)(c), a business or enterprise is substantially the same entity as the predecessor employer if:

(A) A majority of the current business or enterprise is owned by the former owners or their immediate family members, and

(B) One or more of the following criteria exist for both the current and predecessor business or other enterprise:

(i) Substantially the same type of business or enterprise.

(ii) Similar jobs and working conditions.

(iii) A majority of the machinery, equipment, facility, or methods of operation.

(iv) Similar product or service.

(v) A majority of the same supervisory personnel.

(vi) A majority of the same officers and directors.

(29) Employer representative — An individual selected by the employer, to serve as spokesperson or, in the absence of a selected spokesperson, the person in charge of the place of employment at the time of the inspection.

(30) Environmental exposure sampling – Sampling of the workplace environment, performed for a variety of reasons including identifying of contaminants and their sources, determining worker exposures, and checking the effectiveness of controls.

(31) Establishment — An establishment is a single physical location doing business, offering services, or having industrial operations. For activities where employees do not work at a single physical location, such as construction; transportation; communications, electric, gas, and sanitary services; and similar operations, the establishment is the main or branch office, terminal, station, etc. that either supervise such activities or are the base for personnel to carry out these activities.

(a) One location/multiple establishments. Normally, one business location has only one establishment. Under limited conditions, two or more separate businesses that share a single location are separate establishments. An employer may divide one location into two or more establishments only when:

(A) Each of the establishments represents a distinctly separate business;

(B) Each business is engaged in a different economic activity;

(C) Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information. For example, if an employer operates a construction company at the same location as a lumber yard, each business can be a separate establishment.

(b) Multiple locations/one establishment. Only under certain conditions. An employer may combine two or more physical locations into a single establishment only when:

(A) The employer operates the locations as a single business operation under common management;

(B) The locations are all near each other; and

(C) The employer keeps one set of business records for all the locations, such as records on the number of employees, their wages and salaries, sales or receipts, and other kinds of business information. For example, one manufacturing establishment might include the main plant, a warehouse a few blocks away, and an administrative services building across the street.

(c) Telecommuting from home. For employees who telecommute from home, the employee’s home is not a business establishment, and a separate 300 Log is not required. Employees who telecommute must be linked to one of the business’ establishments under 437-001-0700(15)(c).

(32) Farm operation — Any operation involved in the growing or harvesting of crops or the raising of livestock or poultry.

(33) Filed — A document is considered to have been filed on the date of postmark if mailed, or on the date of receipt, if transmitted by other means to Oregon OSHA, DCBS, or the WCB.

(34) First aid — Any one-time treatment and subsequent observation of minor scratches, cuts, burns, splinters, or similar injuries that do not ordinarily require medical care. Such one-time treatment and subsequent observation is considered first aid even though it is provided by a physician or registered professional personnel.

(35) Fixed place of employment — The entire facility maintained by an employer at one general location, and operations provided from that facility, regardless of the size or number of departments or buildings in the facility. For the purpose of determining repeat violations, fixed place of employment includes employers or owners engaged in construction activity who will be at a single worksite continuously for more than 24 months. Forest activities are excluded as are construction sites established for a period of 24 months or less.

(36) Hazard — A condition, practice, or act that could result in an injury or illness to an employee.

(37) Health hazard — Health hazards mean carcinogens, lead, silica, toxic metals and fumes, vapors or gases, toxic or highly corrosive liquids or chemicals, chemical sensitizers, pesticides, fungicides, solvents, biological agents, and harmful physical stress agents.

(38) Imminent danger — A condition, practice, or act that exists in any place of employment and could reasonably be expected to cause death or serious physical harm immediately.

(39) Injury or illness — An injury or illness is an abnormal condition or disorder. Injuries include cases such as, but not limited to, a cut, fracture, sprain, or amputation. Illnesses include both acute and chronic illnesses, such as, but not limited to, skin disease, respiratory disorder, or poisoning.

(40) Inspection — An official examination of a place of employment by a compliance officer to determine if an employer is in compliance with the Act.

(a) Programmed — Inspections conducted under the provisions of OAR 437-001-0057.

(b) Unprogrammed.

(A) Follow-up inspection — An inspection to determine if a previously identified violation has been corrected.

(B) Complaint inspection — An inspection made in response to a complaint.

(C) Accident investigation — A systematic appraisal of an accident sequence to determine causal factors, corrective actions and preventative measures.

(D) Referral inspection — An inspection made in response to a referral.

(41) Letter of corrective action — A letter stating the corrective action(s) taken by the employer to comply with the violation(s) that were not corrected at the time of the inspection.

(42) Lost workdays — The actual number of days after, but not including, the day of injury or illness when the employee would have worked, but could not perform all or any part of their normal assignment during all or any part of the employee’s next regular workday or shift because of the occupational injury or illness.

(43) Medical treatment — Treatment administered by a physician or by registered professional personnel under the standing orders of a physician. Medical treatment does not include first aid treatment even though provided by a physician or registered professional personnel, nor does it include treatment ordinarily considered diagnostic or preventative in nature.

(44) MOD (Experience Rating Modification Factor) — Experience rating recognizes the differences among individual insureds with respect to safety and loss prevention. It compares the experience of individual insureds with the average insured in the same classification. The differences are reflected by an experience rating modification, based on individual payroll and loss records, that may result in an increase, decrease, or no change in premium.

(45) North American Industry Classification System (NAICS) — A classification system developed by the Executive Office of the President/Office of Management and Budget, for use in classifying establishments by the type of activity in which they are engaged. Each establishment is assigned an industry code for its major activity.

(46) Order to correct — A written Oregon OSHA order that directs an employer to abate a violation within a given period of time.

(47) Owner — Every person having ownership, control, or custody of any place of employment or of the construction, repair, or maintenance of any place of employment.

(48) Partial inspection — An inspection with focus limited to certain potentially hazardous areas, operations, conditions, or practices at the establishment. The inspection may include review of injury and illness records and any required programs relative to the inspection.

(49) Person — One or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons, and includes the state, state agencies, counties, municipal corporations, school districts, and other public corporations or subdivisions.

(50) Personal exposure samples — Measurement of contaminants or physical agents to characterize the environment in the breathing or hearing zone of individual workers in order to evaluate their specific work exposures. Personal samplers are placed on the worker to obtain either one continuous sample covering a portion of the workday or consecutive samples covering a stated time period.

(51) Physician or other licensed health care professional — A physician or other licensed health care professional is an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows them to independently perform, or be delegated the responsibility to perform, the activities described by this regulation.

(52) Place of employment:

(a) Includes every place that is fixed or movable; indoors, outdoors, or underground; and the premises and structures appurtenant thereto.

(b) Includes every place where an employee works or intends to work either temporarily or permanently.

(c) Includes every place where there is any process, operation, or activity related, either directly or indirectly, to an employer’s industry, trade, business, or occupation, including a labor camp provided by an employer for their employees or by another person engaged in providing living quarters or shelters for employees.

(d) Does not include any place where the only employment involves nonsubject workers employed in or around a private home.

(e) Does not include any corporate farm where the only employment involves the farm’s family members, including parents, spouses, sisters, brothers, daughters, sons, daughters-in-law, sons-in-law, nieces, nephews, or grandchildren.

(53) Record — Any recorded information regardless of its physical form or character.

(54) Recordable occupational injuries or illnesses — Any occupational injuries or illnesses that result in:

(a) Fatalities, regardless of the time between the injury and death, or the length of the illness;

(b) Lost workday cases, other than fatalities, that prevent the employee from performing their normal assignment during any part of the employee’s next regular, or any subsequent workday or shift; or

(c) Nonfatal cases without lost workdays that result in transferring to another job or terminating employment, require medical treatment (other than first aid), or involve loss of consciousness or restriction of work or motion. This category also includes any diagnosed occupational illnesses that are reported to the employer but are not classified as fatalities or lost workday cases.

(55) Referral — A notification made to the responsible agency of safety or health violations observed by an Oregon OSHA employee, other federal, state or local government representatives, or the media.

(56) Rule — Any agency directive, standard, regulation or statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedures or practice requirements of the agency and that is adopted according to the Administrative Procedures Act. The term includes the amendment or repeal of a prior rule, but does not include, unless a hearing is required by statute, internal management directives, regulations, or statements that do not substantially affect the interests of the public.

(57) Scheduling list — An electronic or paper list of places of employment or employers scheduled for inspection.

(58) Serious physical harm:

(a) Injuries that could shorten life or significantly reduce physical or mental efficiency by inhibiting, either temporarily or permanently, the normal function of a part of the body. Examples of such injuries are amputations, fractures (both simple and compound) of bones, cuts involving significant bleeding or extensive suturing, disabling burns, concussions, internal injuries, and other cases of comparable severity.

(b) Illnesses that could shorten life or significantly reduce physical or mental efficiency by inhibiting, either temporarily or permanently, the normal function of a part of the body, even though the effects may be cured by halting exposure to the cause or by medical treatment. Examples of such illnesses are cancer, pneumoconiosis, narcosis, or occupational infections (caused by biological agents), and other cases of comparable severity.

(59) Standard threshold shift (STS) — A change in hearing threshold relative to the baseline audiogram of an average of 10 dB or more in either ear.

(60) Substantially similar— As it relates to a repeat violation, a second violation that is closely related in substance or form to a previous violation.

(61) Suspended penalty — A penalty that is determined but not assessed.

(62) Variance — The written authority given by Oregon OSHA to an employer permitting the use of a specific alternative means or method to comply with the intent of a rule. Specific types of variances are:

(a) Permanent — A variance that remains in effect until modified or revoked according to OAR 437-001-0430;

(b) Temporary — A variance granted for a stated period of time to permit the employer to achieve compliance with a new rule;

(c) Research — A variance granted for a stated period of time to allow industrial or governmental research designed to demonstrate or validate new and improved safety or health techniques or products; and

(d) Interim order — The temporary authority for an employer to use an alternative means or method by which the employer effectively safeguards the safety and health of employees until final action can be taken on the variance request.

(63) Violation — The breach of a person’s duty to comply with an Oregon occupational safety or health statute, regulation, rule, standard, or order.

(a) Specific classifications of violations are:

(A) Serious violation — A violation where there is substantial probability that death or serious physical harm could result from an existing condition or from one or more practices, means, methods, operations, or processes that have been adopted or are in use in a place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know about the violation;

(B) Other than serious violation — A violation that is other than a serious or minimal violation; and

(C) Minimal violation — A violation that does not have a direct or immediate relationship to the safety or health of employees.

(b) Specific types of the above classifications are:

(A) Willful violation — A violation that is committed knowingly by an employer or supervisory employee who, having a free will or choice, intentionally or knowingly disobeys or recklessly disregards the requirements of a statute, regulation, rule, standard, or order.

(B) Unabated violation — A violation that has not been fully corrected by the date ordered.

(i) An employer’s second or subsequent violation involving a substantially similar violation as the earlier violation or violations, cited within the previous three years, will be cited as a repeat violation under the criteria in OAR 437-001-0160(3)(a).

(ii) In these rules, repeat, repeated, and repeatedly are used synonymously.

(D) First-instance violation — An employer’s first violation cited within the previous three years of a particular statute, regulation, rule, standard, or order.

(E) Egregious — Those conditions that normally constitute a flagrant violation of the Oregon Safe Employment Act, or Oregon OSHA standards, or regulations such that each instance of the violation is cited separately.

(c) Combined violation — Multiple violations of the same statute, regulation, rule, standard, or order within an establishment that have been combined as one violation to indicate an overall lack of compliance with a safety or health statute, regulation, rule, standard, or order.

(d) Grouped violation — Multiple violations of different statutes, regulations, rules, standards, or orders within an establishment that have been combined as one violation:

(A) To indicate an increase in the severity or probability of the violation, or

(B) Recordkeeping and posting requirements involving the same document, or

(e) Caused or contributed to a work-related fatality violation – The workplace death of an employee that was attributed to a violation or in which the violation was a related factor, as determined by the compliance officer.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.326, 654.412 - 654.423 & 654.991
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OHSA 2-2015, f. 3-18-15, cert. ef. 1-1-16
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
OSHA 10-2009, f. & cert. ef. 10-5-09
OSHA 2-2009, f. 1-27-09, cert. ef. 2-3-09
OSHA 1-2008, f. 2-22-08, cert. ef. 3-1-08
OSHA 5-2007(Temp), f. & cert. ef. 9-5-07 thru 2-29-08
OSHA 7-2006, f. & cert. ef. 9-6-06
OSHA 6-2003, f. & cert. ef. 11-26-03
OSHA 7-2002, f. & cert. ef. 11-15-02
OSHA 11-2001, f. 9-14-01, cert. ef. 1-1-02
OSHA 4-2000, f. 4-14-00, cert. ef. 4-15-00
OSHA 11-1999(Temp), f. & cert. ef. 10-20-99 thru 4-14-00
OSHA 7-1999, f. & cert. ef. 7-15-99
OSHA 5-1998, f. & cert. ef. 10-15-98
OSHA 2-1996, f. & cert. ef. 6-13-96
OSHA 6-1994, f. & cert. ef. 9-30-94
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
OSHA 24-1990, f. & cert. ef. 10-10-90
OSHA 10-1990(Temp), f. & cert. ef. 5-31-90
APD 7-1988, f. 6-17-88, cert. ef. 7-1-74
APD 6-1987, f. 12-23-87, cert. ef. 1-1-88
WCD 9-1986, f. 10-7-86, cert. ef. 12-1-86
WCD 12-1984, f. 9-20-84, cert. ef. 11-1-84
WCD 2-1984, f. 3-2-84, cert. ef. 3-15-84
WCD 9-1983, f. & cert. ef. 11-15-83
WCD 6-1982, f. 6-28-82, cert. ef. 8-1-82
WCD 4-1981, f. 5-22-81, cert. ef. 7-1-81
WCD 7-1979, f. 8-20-79, cert. ef. 9-1-79
WCD 5-1978, f. 6-22-78, cert. ef. 8-15-78
WCB 8-1975, f. 8-5-75, cert. ef. 9-1-75
WCB 19-1974, f. 6-5-74, cert. ef. 7-1-74

Or. Admin. R. 437-001-0020 Authority to Administer

(1) The Administrator is hereby granted authority to do whatever is reasonably necessary or incidental to accomplish the purposes of the act and these rules.

(2) The Administrator shall administer the Voluntary Compliance Program separately from the enforcement activities. The Voluntary Compliance Program includes but is not limited to education, consultations, demonstration programs, and research.

(3) The Administrator shall name employees or classifications of employees who shall have authority to carry out the voluntary compliance and the enforcement provisions of the Oregon Safe Employment Act.

(4) The official acts of the Administrator in administering and enforcing the Oregon Safe Employment Act, and the acts of those designated by the Administrator, shall be considered the official acts of the Director.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0025 Liberal Construction

The Act, other rules adopted thereunder, and these rules shall be liberally construed to accomplish the preventative purposes expressed in the Act.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0030 Use of Gender and Number

For the purpose of these rules, each gender includes the other gender, the singular includes the plural and the plural includes the singular.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 7-1999, f. & cert. ef. 7-15-99
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0035 Occupational Safety and Health Rules

(1) The Division shall propose occupational safety and health rules for adoption by the Administrator under the authority delegated by the Director. Proposed rules shall be:

(a) Reasonable;

(b) Mandatory;

(d) At least as effective as occupational safety and health rules adopted by the U.S. Department of Labor.

(2) In proposing rules for adoption, the Division may consider recommendations from national standards-setting organizations, the U.S. Department of Labor, National Institute of Occupational Safety and Health (NIOSH), Centers for Disease Control (CDC), employers, employees, employee representatives, and the Division’s occupational safety and health experience.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-1999, f. & cert. ef. 7-15-99
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0045 Adoption, Amendment, or Repeal of Rules

(1) Rules will be adopted, amended, or repealed in accordance with ORS Chapter 183 and the Director’s rules of practice and procedure applicable to rule-making functions.

(2) Any person may request the adoption, amendment, or repeal of a rule.

(3) A request for adoption, amendment, or repeal of a rule shall:

(a) Be in writing, addressed to the Administrator, Oregon OSHA, Labor and Industries Building, Salem, Oregon 97301;

(b) Identify the rule proposed for adoption, amendment, or repeal and include reasons for the change.

(4) Upon receipt of the request the Division shall within 90 days, either deny the request or initiate rule-making proceedings.

(5) If the request to adopt, amend, or repeal a rule is denied, the Division shall state its reasons for the denial in writing. A copy shall be mailed to the person making the request and all other persons upon whom a copy of the request was served.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0047 Voluntary Compliance Program, General

(1) The Division shall provide a coordinated program to encourage voluntary compliance with occupational health and safety laws, rules and codes and to promote more effective workplace health and safety programs.

(2) The program shall be designed to assist employers achieve voluntary compliance and shall be administered to preclude issuance of citations and penalties except when an employer fails to correct serious violations identified.

(3) The program shall include but is not limited to:

(a) Health and safety consultative services;

(b) Worker and employer training and education;

(c) Research projects including: Causes and prevention of industrial accidents and diseases; trends demonstrating the need for licensing, certification, or need or revised rules;

(d) Demonstration projects utilizing new or innovative processes or procedures to assist workers and employers in preventing occupational injury or disease, whatever the cause;

(e) Publication and general distribution of training and accident prevention materials.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88

Or. Admin. R. 437-001-0050 Enforcement Program, General

The Division shall provide an effective program to enforce statutes, regulations, rules, standards, or orders for the protection of life, safety, and health of employees. This program shall include, but is not limited to:

(1) The inspection of places of employment;

(2) The investigation of industrial accidents, fatalities, or catastrophes;

(3) Issuing citations for violations;

(4) Identifying safety and health hazards that may or may not be violations and bringing them to the attention of employers and employees;

(5) Issuing reasonable correction orders;

(6) Assisting employers and employees in safety and health matters;

(7) Assessing and collecting civil monetary penalties for violations;

(8) Holding informal conferences with employers or employees to discuss citations, penalties, or correction orders and other safety and health matters without limiting or extending the employer’s appeal rights; and

(9) Granting or denying extensions of the times set by correction orders.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0053 Preserving Physical Evidence at the Scene of an Accident

(1) Employers, their representatives, or others shall not disturb the scene of a fatality or catastrophe other than to conduct the rescue of injured persons or mitigate an imminent danger until authorized by the Administrator (or designee), or directed by a recognized law enforcement agency.

(2) In order to preserve physical evidence at the scene of a fatality or catastrophe, the Administrator is authorized to limit the number of employer representatives or employee representatives accompanying the compliance officer during the documentation of the scene. The employer representative and employee representative must be provided an opportunity to document the scene prior to disturbance or removal of physical evidence.

(3) If an employer, their representative, or others disturb the scene of a fatality or catastrophe other than to conduct the rescue of injured person(s) or mitigate an imminent danger before authorized by the Administrator or directed by a recognized law enforcement agency, a minimum penalty of $200 may be assessed.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-1999, f. & cert. ef. 7-15-99
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92

Or. Admin. R. 437-001-0055 Priority of Inspections

Inspections will be prioritized to predominantly focus enforcement activities on places of employment reasonably believed to be the most unsafe. Inspections should generally be made according to the following priorities:

(1) Imminent danger — An inspection should be made as soon as possible after the Division becomes aware of the condition, practice, or act that could reasonably be expected to immediately cause death or serious physical harm.

(2) Fatality, catastrophe, or accident — An inspection, if appropriate, should be made as soon as possible after the Division becomes aware of a fatality, catastrophe, or accident.

(3) Complaint — An inspection may be initiated when the Division receives a complaint, based on the nature and credibility of the allegations.

(4) Referral — An inspection may be made if safety or health violations were observed and referred by a Division employee; federal, state, or local government representative; or the media, based on the nature and credibility of the allegations.

(5) Programmed Inspections for Cause – An inspection may be made by following the provisions in OAR 437-001-0057(8).

(6) Programmed Inspections — An inspection may be made by following the provisions in OAR 437-001-0057.

(7) Follow-up — An inspection may be initiated when one or more of the following exists:

(a) The employer requests removal of a red warning notice.

(b) A variance request has been denied.

(d) The Division believes the employer may not be in compliance with a previously cited violation, or needs monitoring as they progress towards correction of a violation.

(e) The employer is issued an order to correct for one or more violations that if cited could be considered serious.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.326, 654.412 - 654.423 & 654.991
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 10-2009, f. & cert. ef. 10-5-09
OSHA 4-2000, f. 4-14-00, cert. ef. 4-15-00
OSHA 11-1999(Temp), f. & cert. ef. 10-20-99 thru 4-14-00
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78

Or. Admin. R. 437-001-0057 Scheduling Inspections

The following rules are intended to predominantly focus enforcement activities on the places of employment that the director reasonably believes to be the most unsafe.

(1) Except for Programmed Inspections for Cause, the Division will schedule programmed inspections according to a priority system based on written neutral administrative standards.

(2) The Division will identify the most hazardous industries and places of employment through information obtained from the Department of Consumer and Business Services claim and employer files, the Bureau of Labor Statistics Occupational Injury and Illness Survey, the Bureau of Labor Statistics Census of Fatal Occupational Injuries, the Oregon Employment Department, and knowledge of recognized safety and health hazards associated with certain processes. Health hazards include carcinogens, lead, silica, toxic metals and fumes, vapors or gases, toxic or highly corrosive liquids or chemicals, chemical sensitizers, pesticides, fungicides, solvents, harmful physical stress agents, and biological agents.

(3) Scheduling lists will be provided by the Division to its field offices, at least annually.

(a) Except for Programmed Inspections for Cause, an employer will be exempt from any scheduled inspection generated by a list for a fixed site from seven days prior to the scheduled date of an Oregon OSHA consultation to 60 days after receipt of the written consultation report.

(b) Except for Programmed Inspections for Cause, an employer will be exempt from any scheduled inspection generated by a list for a construction, forest activities, or Agriculture Labor Housing site from seven days prior to the scheduled date of an Oregon OSHA consultation to 30 days after receipt of the written consultation report.

(4) Scheduling Safety Inspections for Fixed Places of Employment.

(a) The scheduling lists are compiled, using an electronic scheduling system, for safety enforcement managers to schedule inspections at fixed places of employment for each compliance officer. Written neutral administrative standards (the seven criteria listed below) are standardized using a statistical weighting method involving t-scores. These weighted scores are averaged across the seven criteria to create a composite score. This composite score is used to determine the position of each industry (using the 4-digit NAICS code) on the list from most to least hazardous, see Table 1. Lists are divided into 10 tiers. Places of employment are randomly selected for inspection within each tier using the following percentages whenever a list is generated. The percentages will not be affected by the places of employment excluded in (4)(b) unless the number of exclusions makes it impossible to meet the target percentage. When that occurs, all remaining eligible places of employment will be selected. The scheduling lists will be sorted by field office.

(A) 30 percent of places of employment under the NAICS identified as Tier A.

(B) 25 percent of places of employment under the NAICS identified as Tier B.

(D) 15 percent of places of employment under the NAICS identified as Tier D.

(E) 12.5 percent of places of employment under the NAICS identified as Tier E.

(F) 10 percent of places of employment under the NAICS identified as Tier F.

(G) 7.5 percent of places of employment under the NAICS identified as Tier G.

(H) 5 percent of places of employment under the NAICS identified as Tier H.

(I) 2.5 percent of places of employment under the NAICS identified as Tier I.

(J) No more than 0.05 percent of places of employment under the NAICS not otherwise identified in Tiers A through I.

(b) Except for Programmed Inspections for Cause, places of employment will be exempt from programmed inspections if any of the following conditions apply:

(A) A location has received a comprehensive safety inspection within the previous 36 months.

(B) A location has received Voluntary Protection Program (VPP) status.

(D) A location has graduated from the Safety and Health Achievement Recognition Program (SHARP). Locations are exempt from inspection for 36 months after graduation.

(E) A location has received two consecutive comprehensive safety inspections with no serious, willful, or egregious violations, and with no inspections of any type resulting in serious, willful, or egregious violations since the date of the first of the two consecutive comprehensive inspections.

(F) A location has received certification as meeting the British Standards Institute’s OHSAS 18001 standards (Occupational Health and Safety Management Systems), or the ISO 45001 (International Organization for Standardization) standards. Evidence of certification must be provided before the start of an inspection.

(G) A location has a MOD rate of 0.50 and they provide evidence to that effect before the start of an inspection.

(c) The field office managers will provide each compliance officer a list of inspections that are assigned in descending order from tiers A through J. The compliance officer will make a reasonable effort to inspect each place of employment on that list prior to receiving another list; however, failure to inspect all places of employment on a list will not invalidate subsequent inspections. The compliance officer’s list will generally be followed in descending order but may be inspected in any order to use the compliance officer’s time efficiently.

(5) Scheduling Safety Inspections for Construction and Forest Activities.

(a) Construction and forest activities scheduling lists will be used by safety enforcement managers and compliance staff to focus enforcement efforts on employers with the most hazardous places of employment. Employers will be selected and placed on one of two lists based on the following criteria:

(A) Construction List — The following written neutral administrative standards will be used to select and rank employers on this list. Construction employers that have one or more accepted disabling claims in the first 12 of the previous 18 months and are ranked in the top 500 construction employers. The employers on this list will be ranked statewide using violation history, weighted claims rate, and weighted claims count as described in subsection (b) of this section. The 500 employers with the most points will be placed on a list.

(B) Forest Activities List — The following written neutral administrative standards will be used to select and rank employers on this list. Forest activities employers that have one or more accepted disabling claims in the first 12 of the previous 18 months and are ranked in the top 50 forest activities employers. The employers on this list will be ranked statewide using violation history, weighted claims rate, and weighted claims count as described in subsection (b) of this section. The 50 employers with the most points will be placed on a list.

(b) Ranking Factors: Construction and forest activities employers are ranked using violation history, weighted claims rate, and weighted claims count. The rankings from each factor are combined to produce a score for each employer, and the employers are ranked based on their score. The top 500 construction employers will be on one list and the top 50 forest activities employers will be on another list:

(A) Violation History - Employers with a violation history will be assigned points for each violation on citations that have become a final order within the previous 36 months. Willful violations are assigned five points, failure to abate violations four points, repeat violations three points, serious violations two points, and other-than-serious violations one point. Average points per citation will be determined with the employer having the most points receiving a ranking of one followed by the employer with the next highest points receiving a ranking of two, etc. Employers not inspected within 36 months are given a ranking of zero, that will put them at the top of this category.

(B) Weighted Claims Count - Selected claims from the first 12 of the previous 18 months are assigned points based on the seriousness of the claim. These points are totaled for each employer. Employers are ranked on the total points with the employer having the most points receiving a rank of one, followed by the second highest weighted claims count receiving a ranking of two, etc.

(C) Weighted Claims Rate- Employers are ranked in this category with the highest weighted claims rate receiving a ranking of one, followed by the second highest weighted claims rate receiving a ranking of two, etc. The weighted claims count described in (B) above is used to determine the claims rate.

(c) The field office manager will provide selected compliance officers the construction and/or forest activities lists. The compliance officers will make a reasonable effort to locate and inspect those employers on the construction and forest activities lists, however failure to inspect all employers on a list will not invalidate subsequent inspections.

(6) Scheduling Health Inspections for Fixed Places of Employment.

(a) The scheduling lists are designed as an electronic scheduling system used by health enforcement managers to schedule inspections at fixed places of employment for each compliance officer. Places of employment will be listed by NAICS and randomly selected within each tier using the following percentages whenever a list is generated. The scheduling lists will be sorted by field office.

(A) 7.5 percent of places of employment under the NAICS identified as Tier A.

(B) 2.5 percent of places of employment under the NAICS identified as Tier B.

(b) Except for Programmed Inspections for Cause, places of employment will be exempt from programmed inspections if any of the following conditions apply:

(A) A location has received a comprehensive health inspection within the previous 36 months.

(B) A location has received Voluntary Protection Program (VPP) status.

(D) A location has graduated from the Safety and Health Achievement Recognition Program (SHARP). Locations are exempt from inspection for 36 months after graduation.

(E) A location has received two consecutive comprehensive health inspections with no serious, willful, or egregious violations, and with no inspections of any type resulting in serious, willful, or egregious violations since the date of the first of the two consecutive comprehensive inspections.

(F) A location has received certification as meeting the British Standards Institute’s OHSAS 18001 standards (Occupation Health and Safety Management Systems). Evidence of certification must be provided before the start of an inspection.

(G) A location has a MOD rate of 0.50 and they provide evidence to that effect before the start of an inspection.

(c) The field office managers will provide each compliance officer a list of inspections that are assigned in descending order from the health scheduling lists. The compliance officer will make a reasonable effort to inspect each place of employment on that list prior to receiving another list; however, failure to inspect all places of employment on a list will not invalidate subsequent inspections. The compliance officer’s list will generally be followed in descending order, but may be inspected in any order to use the compliance officer’s time efficiently.

(7) Scheduling Health Inspections for Nonfixed Places of Employment — An inspection may be scheduled when information such as recognized health hazards known to be associated with certain processes are reasonably thought to exist at a place of employment.

(8) Programmed Inspection for Cause — A comprehensive inspection at a place of employment will be conducted when any of the following occur.

(a) Within one year of the applicable closing conference where:

(A) An accident investigation revealed that a violation has caused or contributed to a work-related fatality;

(B) Three or more willful violations occur at a place of employment within a 12-month period; or

(b) An employer has a history of non-compliance and the Administrator deems a comprehensive inspection is necessary for the protection of employees.

(9) Random Inspections — The Division will conduct random inspections of places of employment that are scheduled and conducted under written neutral administrative standards. Program directives will be issued and changed when the director believes it necessary to preserve the random nature of the inspections.

(10) Emphasis Inspections — An inspection may be made if the place of employment is included in a national or local safety or health emphasis program. Emphasis programs are established by identifying the most hazardous industries and processes through information obtained from the Department of Consumer and Business Services claim files, the Bureau of Labor Statistics Occupational Injury and Illness Survey, the Oregon Employment Department, and knowledge of recognized hazards associated with certain processes. Program directives will be issued to establish and describe emphasis programs and the written neutral administrative standards that will be used to schedule the inspections.

(11) Farm Labor Housing Inspections — Farm labor housing is a national and local emphasis program. A list of all known farm labor housing locations will be sent to field offices annually. Locations may be selected and inspected in any order to make efficient use of available resources. Housing locations not on the list may also be inspected. Farm labor housing is not an agricultural operation; therefore, the agriculture exemption for employers of 10 or fewer permanent, year-round employees does not apply to farm labor housing inspections.

(12) Except for Programmed Inspections for Cause, the Division will annually make reasonable efforts to notify, in writing, each employer whose place of employment is rated as one of the most unsafe places of employment, that there is increased likelihood of inspection of the employer’s place of employment and consultative services are available.

(13) Agricultural employers with 10 or fewer permanent, year-round employees, both full-time and part-time, will be subject to scheduled inspections only if any of the following has occurred:

(a) A valid complaint has been filed according to ORS 654. 062, or

(b) Within the preceding two-year period, an accident at the employer’s agricultural place of employment resulted in death or a serious disabling injury from a violation of the Oregon Safe Employment Act or rules adopted under the Act, or

(c) The employer and principal supervisors of the agricultural establishment have not annually completed at least four hours of instruction on agricultural safety or health rules and procedures. This instruction must be documented.

(A) Instruction includes any instruction conducted or accepted by Oregon OSHA or instruction related to agricultural safety and health that is offered or approved by any public or private college, university, or governmental agency. The employer must maintain documentation of the instruction. The documentation must include the date, provider, subject, and duration of the instruction, and the signature of the person completing the instruction.

(B) For purposes of these sections, the time period begins to run when:

(i) the instruction is received;

(ii) Within the preceding four-year period, the agricultural establishment has not had a comprehensive consultation by an individual acting in a public or private consultant capacity. For purposes of this section, the time period begins to run when the consultation is received; or

(iii) If the consultation was done and the agricultural employer has failed to correct violations noted in the consultation report within 90 days after receiving the report.

(14) Evaluation of Enforcement Scheduling:

(a) Each year Oregon OSHA will complete a summary evaluation of enforcement scheduling, including (but not limited to) the number of scheduled inspections and the basis for those inspections, the number of attempted scheduled inspections that could not be completed, and the results of those inspections.

(b) At least every three years beginning by July 1, 2012, Oregon OSHA will assess the enforcement scheduling system and other available data to ensure that the scheduling system continues to accomplish its statutory purpose of predominantly focusing Oregon OSHA enforcement resources on those places of employment reasonably believed to be the most unsafe.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.326, 654.412 - 654.423 & 654.991
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 2-2011, f. 9-29-11, cert. ef. 10-1-11
OSHA 10-2009, f. & cert. ef. 10-5-09
OSHA 7-2006, f. & cert. ef. 9-6-06
OSHA 4-2000, f. 4-14-00, cert. ef. 4-15-00
OSHA 11-1999(Temp), f. & cert. ef. 10-20-99 thru 4-14-00
OSHA 2-1996, f. & cert. ef. 6-13-96
OSHA 10-1995, f. & cert. ef. 11-29-95
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81

Or. Admin. R. 437-001-0060 Advance Notice

(1) No person shall give advance notice of an inspection without authority of the Director, the Administrator, or designee, subject to penalties as prescribed in ORS 654.991(2).

(2) If the Director, the Administrator, or designee approves a request for advance notice of an inspection:

(a) The notice shall not be given more than 24 hours in advance; and

(b) When advance notice is given to the employer, and if required by the Director, the Administrator, or designee, either at the time advance notice is given or any time thereafter, the employer must notify the employee representative without delay of the proposed inspection, or in the absence of an employee representative, immediately post a notice, provided to the employer by Oregon OSHA, in a sufficient number of locations in the place of employment to reasonably inform employees of the planned inspection. Failure to provide such notice when directed by the Director, the Administrator, or designee may result in a penalty as outlined in OAR 437-001-0176.

(3) It will not be considered advance notice to advise a federal or state agency that is not the subject of the inspection of a proposed inspection in order to avoid duplicate inspections or to facilitate enforcement.

(4) Any person who gives advance notice of any safety or health inspection without authority from the Director, the Administrator, or designee shall be punished, upon conviction, by being assessed a penalty not to exceed $1,000 or be imprisoned for not more than six months, or both, as prescribed in ORS 654.991(2).

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, cert. ef. 1-1-88
WCD 6-1982, f. 6-28-82, cert. ef. 8-1-82
WCD 4-1981, f. 5-22-81, cert. ef. 7-1-81
WCD 5-1978, f. 6-22-78, cert. ef. 8-15-78
WCB 19-1974, f. 6-5-7-4, cert. ef. 7-1-74

Or. Admin. R. 437-001-0065 Right of Entry

(1) A Compliance Officer has the right to enter and inspect any place of employment during working hours or at other reasonable times, within reasonable limits, and in a reasonable manner.

(2) Right of Entry. A compliance officer is authorized to document an accident scene reported pursuant to OAR 437-001-0704 prior to an opening conference when it is likely that the accident scene cannot be preserved and after a reasonable attempt is made to contact an employer or employer representative.

(3) A Compliance Officer shall present his/her credentials to an employer or employer's representative to establish the Compliance Officer's right of entry.

(4) The Compliance Officer shall not sign any form of liability release or agree to waive any rights of the Department.

(5) The Compliance Officer shall have the right to enter and inspect any place of employment accompanied or assisted by outside engineers or specialists who have signed confidentiality agreements, agreeing to protect the inspected parties’ trade secrets.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-2002, f. & cert. ef. 11-15-02
OSHA 7-1999, f. & cert. ef. 7-15-99
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0070 Inspection Warrants

If a Compliance Officer is denied entry, Oregon OSHA may institute action to obtain an inspection warrant, as provided for in ORS 654.202 to 654.216.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0075 Opening Conference

(1) The Compliance Officer shall, if possible, conduct a joint opening conference with the employer or a representative, and a representative of the employees, if any, and shall:

(a) Present credentials as a means of identification;

(b) Explain the purpose, nature and intended scope of the inspection;

(d) Obtain the name of the employer representative, if any, and give that person the opportunity to accompany the Compliance Officer on the inspection;

(e) Obtain the name of the employee representative, if any, and give that person the opportunity to accompany the Compliance Officer on the inspection;

(f) Explain that employee participation may be accomplished through random interviews;

(g) Determine if there are trade secrets to be protected;

(h) Inform the employer that sampling may be done and photographs may be taken;

(i) Explain that past and present efforts will be evaluated to determine good faith penalty adjustments.

(j) Determine what personal protective equipment is required in the place of employment and arrange to have and use such equipment; and

(k) Explain that a closing conference will be held with both the employer or a representative, and a representative of the employees, if any.

(2) Where the Compliance Officer decides it is not practical to hold a joint conference, separate conferences shall be held for the employer or a representative, and a representative of the employees, if any. Notes shall be taken by the Compliance Officer during the separate conferences; these will be available upon request.

(3) Where separate conferences are necessary, the Compliance Officer shall determine if their conduct will delay observation or evaluation of workplace safety or health hazards. In such cases, the conferences shall be brief and, if appropriate, reconvened after the Compliance Officer’s inspection of the place of employment.

(4) Where the holding of an opening conference will prevent timely evaluation of the workplace, it may be abbreviated to a simple introduction and identification of the Compliance Officer. The remainder of the opening conference will be covered as soon as possible.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0080 Inspection Without Employer or Employer Representative

(1) An Compliance Officer may make an inspection without an opening or closing conference if the employer or employer representative is absent or declines to participate.

(2) If the employer, employer representative, or employee representative is absent from the place of employment, following the inspection the Compliance Officer shall make at least one attempt on each of two different days to advise the employer, employer representative, or employee representative concerning the inspection.

(3) No inspection will be made if neither the employer, employer representative, nor employees are present at the place of employment, except when executing an inspection warrant as provided in ORS 654.216(2) or when posting a Red Warning Notice as provided for in ORS 654.082.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1974, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0085 Employee Representation on Inspection Team

(1) An employee representative has the right to accompany an Compliance Officer during an inspection of the place of employment.

(2) If there is no employee representative during an inspection, the Compliance Officer shall interview, if practicable, a reasonable number of employees about safety and health in the place of employment.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0090 Inspection Procedures

During an inspection an Compliance Officer is authorized to:

(1) Inspect without unreasonably disrupting operations in a place of employment all required records, conditions, structures, machines, materials, and methods for compliance with statutes, regulations, rules, standards, and orders, and identify and document hazards;

(2) Photograph or take video of unsafe acts, practices, procedures, or physical hazards;

(3) Take environmental and personal exposure samples;

(4) Allow a different employer representative or employee representative to accompany the Compliance Officer during separate phases of the inspection if this will facilitate the inspection;

(5) Resolve all disputes as to who is the representative authorized by the employees to accompany the Compliance Officer on the inspection.

(6) Deny the right to participate to any person whose conduct interferes with a fair and orderly inspection;

(7) Inform the employer representative and employee representative of any apparent violations and hazards;

(8) Collect information, including but not limited to, information obtained for the purpose of classifying any apparent violations as minimal, other than serious, or serious and for the purpose of calculating penalty assessment;

(9) Interview privately a reasonable number of employees about safety and health in the place of employment, taking notes and audio recordings of such interviews as appropriate;

(10) Receive information in confidence from an employee or employee representative; and

(11) Stop the inspection if a situation involving imminent danger is observed, request the employer or the employer representative to advise affected employee and correct the imminent danger, and post a Red Warning Notice according to OAR 436-046-0096, if the employer or the employer representative refuses to protect the employees from the imminent danger.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0096 Red Warning Notice

(1) The Red Warning Notice shall be authorized by either the Director, the Administrator, or designee. For purposes of this rule, a Camp Closure Notice is a Red Warning Notice.

(2) When action is necessary to preclude or eliminate exposure of employees to a condition which, if such exposure occurred or continued, would constitute a violation of any statute or of any lawful regulation, rule, standard, or order affecting employee safety or health at a place of employment, a Red Warning Notice authorized under subsection (1) will be posted. The notice will be posted in plain view of any person likely to use the place of employment, machine, device, apparatus, or equipment that constitutes the hazard.

(3) Any place of employment, machine, device, apparatus, or equipment on which a Red Warning Notice has been posted must not be operated or used by any person until:

(a) The condition has been made safe and healthful; and

(b) The Red Warning Notice has been removed by Oregon OSHA; however,

(c) Nothing in this section prohibits an employer from using any place of employment, or operating any machine, device, apparatus, or equipment, exclusively for the purpose of remedying the violation, pursuant to the instructions on the Red Warning Notice.

(4) No person shall deface or destroy a Red Warning Notice or remove it without authorization from Oregon OSHA.

(5) The Red Warning Notice will be removed after:

(a) Notification from the employer that the condition has been corrected; and

(b) A follow-up inspection or other information confirms that the condition has been corrected.

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 6-2003, f. & cert. ef. 11-26-03
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0099 Closing Conference

(1) The compliance officer shall, if practicable, conduct a joint closing conference with the employer or a representative, and a representative of the employees, if any, and shall advise these representatives:

(a) Of any violation(s) as a result of the inspection and of any hazards which at this time may not be a violation;

(b) Of the right to present any pertinent information regarding the violation(s);

(c) That a citation shall be issued for all other than serious or serious violations even if the violations were corrected at the time of the inspection;

(d) That penalties may be imposed for other than serious violations and shall be imposed for serious violations;

(e) That a reasonable time for correction of each alleged violation shall be proposed;

(f) That further correspondence separate from the citation regarding the inspection will be received detailing the nonviolation hazards observed during the inspection;

(g) Of all posting requirements contained in OAR 437-001-0275 and 437-001-0280;

(h) That if the employer fails to correct any violation by the date indicated on the citation, additional penalties may be imposed for each day the violation(s) remains uncorrected (see OAR 437-001-0235);

(i) Of employee protection against discrimination (See OAR 437-001-0295);

(j) Of appeal rights contained in ORS 654.078 and OAR 438-085-0006 to 438-085-0870;

(k) Of rights to an informal conference (see OAR 437-001-0255);

(l) Of extension procedures (see OAR 437-001-0240);

(m) Of consultative services available through the Department and workers’ compensation insurance carriers (see OAR 437-001-0450 through 437-001-0465);

(n) Of variance procedures (see OAR 437-001-0400 through 437-001-0435);

(o) Of the possibility of subsequent inspections, including those inspections triggered under Programmed Inspections for Cause OAR 437-001-0057(8)(a) through (b);

(p) That if any safety or health condition was encountered which was beyond the expertise of the compliance officer, that condition will be considered a referral and may be addressed by another representative of Oregon OSHA; and

(q) Of the availability of return visits by the compliance officer to assist the employer in obtaining compliance.

(2) Where the compliance officer decides it is not practical to hold a joint conference, separate conferences shall be held for the employer or a representative and for a representative of the employees, if any. Notes shall be taken by the compliance officer during the separate conferences; these will be available upon request.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0135 Evaluation of Probability to Establish Penalties

(1) The probability of an accident that could result in an injury or illness from a violation will be determined by the Compliance Officer and will be expressed as a probability rating.

(2) The factors to be considered in determining a probability rating may include, as applicable:

(a) The number of employees exposed;

(b) The frequency and duration of exposure;

(d) Factors that require work under stress;

(e) Lack of proper training and supervision or improper workplace design; or

(f) Other factors that may significantly affect the probability of an accident occurring.

(3) The probability rating is:

(a) Low – If the factors considered indicate that the likelihood an accident could occur is lower than typical;

(b) Medium – If the factors considered indicate that the likelihood an accident could occur is typical; or

(4) The probability rating may be adjusted on the basis of any other relevant facts that would affect the likelihood of injury or illness.

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018
Reverted to APD 7-1988, f. 6-17-88, ef. 7-1-74
OSHA 25-1990(Temp), f. & cert. ef. 10-31-90
OSHA 16-1990(Temp), f. & cert. ef. 7-26-90
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74
APD 7-1988, f. 6-17-88, ef. 7-1-74

Or. Admin. R. 437-001-0140 Evaluation of Severity to Establish Penalties

(1) A severity rating for each violation shall be determined by the Compliance Officer on the basis of the degree of injury or illness that is reasonably predictable. If more than one injury or illness is reasonably predictable, the Compliance Officer will determine the severity based upon the most severe injury or illness. Severity ratings will be selected from the following schedule:

(a) Other than Serious — Conditions that could cause injury or illness to employees but would not include serious physical harm;

(b) Serious Physical Harm; or

(2) The severity rating may be adjusted on the basis of any other relevant facts that would affect the severity of the possible injury or illness.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
Reverted to APD 7-1988, f. 6-17-88, ef. 7-1-74
OSHA 25-1990(Temp), f. & cert. ef. 10-31-90
OSHA 18-1990(Temp), f. & cert. ef. 8-15-90
OSHA 16-1990(Temp), f. & cert. ef. 7-26-90
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0142 Annual Adjustment of Civil Penalties

(1) Each year, the director will be responsible for publishing notice of Oregon OSHA’s Annual Adjustments to Penalties Bulletin in the Oregon Bulletin or its successor. This bulletin will also be made available on the Division’s website at https://osha.oregon.gov/pages/topics/violations-and-penalties, or its successor. This bulletin will notify the regulated community of annual adjustment in civil penalty amounts required by ORS 654.086(4) to account for the percentage change, if any, in the Consumer Price Index for All Urban Consumers, West Region, All Items (West Region CPI-U), from October to October of each year as published by the Bureau of Labor Statistics (BLS) of the United States Department of Labor or its successor. The annual adjustments will be effective January 1st of each calendar year.

(2) Annual adjustments must be applied to the following civil penalties:

(a) Other than serious-rated violation - maximum civil penalty amounts in OAR 437-001-0145(2)(a) and civil penalty amounts in Table 2 in OAR 437-001-0145(2)(g).

(b) Serious Physical Harm or Death-rated violation – minimum and maximum civil penalty amounts in OAR 437-001-0145(2)(b) and civil penalty amounts in Table 2 in OAR 437-001-0145(2)(g).

(c) Repeat Violation - minimum and maximum civil penalty amounts in OAR 437-001-0145(2)(c) and civil penalty amounts in Table 2 in OAR 437-001-0165(3).

(d) Willful Violations - minimum and maximum civil penalty amounts in OAR 437-001-0145(2)(d) and civil penalty amounts in Table 1 in OAR 437-001-0175(1).

(e) Violations that caused or contributed to a work-related fatality - minimum and maximum civil penalty amounts in OAR 437-001-0145(2)(e) and civil penalty amounts in Table 3 in OAR 437-001-0145(3).

(f) Willful and repeat violations that caused or contributed to a work-related fatality - minimum and maximum civil penalty amounts in OAR 437-001-0145(2)(f) and civil penalty amounts in Table 2 in OAR 437-001-0165(3) and Table 2 in OAR 437-001-0175(2).

(3) An annual adjustment must be applied to the penalty reduction in OAR 437-001-0150(2)(b).

(4) The civil penalty amounts adjusted under this rule will not be lower than the minimum or greater than the maximum that may be assessed under ORS 654.086 as a result of any reductions or multipliers applied. See Appendix A to OAR 437-001-0142 – Example of Oregon OSHA’s Annual Adjustments to Penalties Bulletin.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2025, temporary amend filed 11/21/2025, effective 11/21/2025 through 05/18/2026
OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024
OSHA 3-2023, adopt filed 11/22/2023, effective 01/01/2024

Or. Admin. R. 437-001-0145 Penalty for Other than Serious, Serious, or Caused or Contributed to a Work-Related Fatality Violation

(1) A civil penalty must be assessed for any serious physical harm or death-rated violation and may be assessed for any other than serious-rated violation as determined by the intersection of the probability rating and severity rating in accordance with Table 2 in subsection (2)(g) or Table 3 in subsection (3) of this rule, as adjusted annually in accordance with OAR 437-001-0142. For a violation where probability and severity are not appropriate considerations, a civil penalty may be assessed by considering the facts of the violation.

(2) All civil penalties will not be reduced below the following minimum or exceed the following maximum amounts, as adjusted annually in accordance with OAR 437-001-0142, except for a civil penalty for a repeat serious violation that caused or contributed to a work-related fatality, which may be reduced based on employer size at the discretion of the administrator if the employer agrees to comply with additional abatement measures during the appeal process:

(a) Other than serious-rated violation: $0 minimum and $15,625 maximum

(b) Serious Physical Harm or Death-rated violation: $1,116 minimum and $15,625 maximum

(d) Willful Violation: $11,162 minimum and $156,259 maximum

(e) Serious Violation that Caused or Contributed to a Work-Related Fatality $20,000 minimum and $50,000 maximum

(f) Willful or Repeat Violation that Caused or Contributed to a Work-Related Fatality $50,000 minimum and $250,000 maximum

(g) As follows in Table 1 Updated Annually in Oregon OSHA’s Annual Adjustments to Penalties Bulletin– Penalty Range by Violation Type.

(3) When evidence demonstrates that a Serious Physical Harm or Death-rated violation caused or contributed to a work-related fatality that is required to be reported under OAR 437-001-0704(3), the civil penalty assessed will be based on the civil penalty structure for caused or contributed to a work-related fatality as determined by the intersection of the probability rating and severity rating in accordance with Table 2 in subsection (2)(g) or Table 3 in subsection (3) of this rule, as adjusted annually in accordance with OAR 437-001-0142.

(4) Civil penalties for combined violations will be determined by taking the number of violations into account when assessing probability. Severity will be determined by identifying the most severe reasonably predictable injury or illness that could occur.

(5) The civil penalty for grouped violations of different rules is determined based on the probability and severity determined for the entire group.

(6) At the discretion of the Administrator, a civil penalty may be issued for any first-instance violation up to the maximum civil penalty amount in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142.

(7) Civil penalty amounts for all first-instance other than serious-rated violations that caused or contributed to a work-related fatality shall be assessed at the discretion of the Administrator in accordance with OAR 437-001-0145(2)(a) as adjusted annually in accordance with OAR 437-001-0142.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
OSHA 7-1995, f. & cert. ef. 7-5-95
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 5-1988, f. 5-16-88, ef. 5-16-88
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 12-1982, f. 9-20-84, ef. 11-1-84
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0150 Civil Penalty Adjustments

(1) Civil penalty amounts may be modified by applying penalty adjustments as outlined in Table 1 – Penalty Adjustments. Not all civil penalties are eligible to be adjusted. If eligible for adjustments, at their discretion, a compliance officer may make adjustments at the time of inspection based on history, good faith, and immediate correction.

(2) Size adjustments:

(a) Are made based on statewide peak employment for the employer as defined in Table 2 except as provided in subsection (b):

(b) For employers with 50 or fewer employees, a reduction of $7,000 is available for Serious Physical Harm or Death-rated repeat violations that did not cause or contribute to a work-related fatality. The reduction is adjusted annually in accordance with OAR 437-001-0142.

(c) Size reductions are not available for a violation that caused or contributed to a work-related fatality, except for a civil penalty for a repeat serious violation that caused or contributed to a work-related fatality, which may be reduced based on employer size at the discretion of the administrator if the employer agrees to comply with additional abatement measures during the appeal process.

(3) History adjustments will be based on injuries and illnesses (and trends) during the previous three years, including available information from both Workers’ Compensation Board data and Bureau of Labor Statistics. This assessment will also include a review of the employer’s violation history within the past three years. The compliance officer may make the following adjustment:

(a) 10% reduction of the first-instance penalty if the compliance officer determines that the information demonstrates a positive history overall;

(b) No change in the first-instance penalty if the compliance officer determines that history is what would be expected of a typical employer; or

(c) 10% increase of the first-instance penalty if the compliance officer determines that the information demonstrates a negative history overall.

(4) Good faith adjustments will be determined by, but not limited to, review of certain criteria as follows:

(a) Evidence of an overall safety and health program.

(b) Effective communication of safety and health policies.

(d) Employees are clearly involved in the safety and health program.

(e) Management’s commitment at all levels is apparent.

(f) Worksite hazard analysis is conducted.

(g) Employees and managers alike are held accountable for safety and health.

(h) The compliance officer may make good faith adjustments as follows:

(A) 20% reduction of the first-instance penalty if the compliance officer determines that the information demonstrates a better than average effort to comply with the law and rules;

(B) No adjustment in the first-instance penalty if the compliance officer determines that the information demonstrates an employer’s good faith effort is average; or

(C) 20% increase of the first-instance penalty if the compliance officer determines that the information demonstrates a poorer than average effort to comply with the law and rules.

(5) Immediate correction of violations or other unsafe conditions that are identified during the inspection. Corrective action must be substantial and not temporary or superficial. A 10% reduction of the first-instance penalty may be provided for immediate correction as determined by the compliance officer.

(6) Penalty adjustments will not result in a penalty amount less than the mandatory minimum civil penalty or greater than the maximum civil penalty as published in OAR 437-001-0145(2) as adjusted annually in accordance with OAR 437-001-0145.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2023, adopt filed 11/22/2023, effective 01/01/2024

Or. Admin. R. 437-001-0155 Determination of Penalty — Failure to Correct

(1) A citation must be issued for an employer’s failure to correct a previously cited violation.

(2) Civil penalties assessed for a failure to correct a previously cited violation will not exceed the maximum penalty per day in OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142.

(a) Such penalties may be assessed for each workday, or part of a day, that the violation is not corrected and it results in continued exposure after the ordered correction date; and

(b) Such penalties must be determined by considering the probability and severity of the original violation, the efforts of the employer to correct the violation, and factors that delayed the correction of the violation.

(3) Failure to correct violations are not eligible for penalty reductions for history, good faith, or immediate correction. A size reduction may be applied in accordance with OAR 437-001-0150(2) based on the original violation classification.

(4) The civil penalty for failure to correct an other than serious violation may not be less than $50 per day. For all other violations, the civil penalty will be within the minimum and maximum penalty per day as adjusted annually in accordance with OAR 437-001-0142.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0160 Penalty Criteria — Repeat Violation

(1) Civil penalty amounts as defined in OAR 437-001-0145(2) are adjusted and published annually in Oregon OSHA’s Annual Adjustments to Penalties Bulletin. All penalties shall not be reduced below the minimum or exceed the maximum amounts, except for a civil penalty for a repeat serious violation that caused or contributed to a work-related fatality, which may be reduced based on employer size at the discretion of the administrator if the employer agrees to comply with additional abatement measures during the appeal process.

(2) Repeat violation criteria:

(a) An employer’s second or subsequent violation involving a substantially similar violation, cited within the previous three years, will be cited as a repeat violation as described below.

(b) When citing an identical standard for a violation of a previously cited statute, regulation, rule, standard, or order it will be presumed to be a repeat violation. That presumption can be disproven only if the circumstances clearly demonstrate that the violation is not substantially similar to a previously cited violation.

(3) When citing a different standard, in some circumstances, substantially similar conditions can be demonstrated. In such cases, if the violations found are substantially similar, a repeat violation would be appropriate even though the standards are different.

(4) Where a previously cited violation is under appeal and not yet final:

(a) The second violation will be cited as a repeat violation; and

(b) Such citation will state that the earlier violation is under appeal and the repeat classification of the current violation will be rescinded if the earlier violation does not become final.

(5) At fixed places of employment, “high probability serious” and “death” rated violations will be issued as repeat violations at all of an employer’s places of employment in the state. Repeat violations for all other violation types will be limited to the cited place of employment.

(6) At nonfixed places of employment, repeat violations will be based on earlier violations occurring anywhere within the state. Where the Administrator, or designee, determines in his or her discretion that the span of control and nature of activity for a portion of the state is more readily comparable to fixed location activity, repeat violations will be handled in a manner consistent with fixed places of employment.

(7) At the discretion of the Administrator, a civil penalty may be issued for any repeat violation and for any repeat violation that caused or contributed to a work-related fatality up to the maximum penalty amount in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
OSHA 2-2009, f. 1-27-09, cert. ef. 2-3-09
OSHA 6-1994, f. & cert. ef. 9-30-94
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 10-1989, f. & cert. ef. 7-7-89
APD 7-1989(Temp), f. & cert. ef. 5-1-89
APD 7-1988, f. 6-17-88, cert. ef. 7-1-74
WCD 6-1982, f. 6-28-82, cert. ef. 8-1-82
WCD 4-1981, f. 5-22-81, cert. ef. 7-1-81
WCD 5-1978, f. 6-22-78, cert. ef. 8-15-78

Or. Admin. R. 437-001-0165 Determination of Penalty — Repeat Violation

(1) A civil penalty must be assessed for each serious repeat violation. The civil penalty for a serious repeat violation is determined by multiplying the civil penalty for the current violation (Table 2 of 437-001-0145(2)) by the following factors without any reductions applied:

(2) A civil penalty must be assessed for each other than serious repeat violation. The civil penalty for an other than serious repeat violation will be the minimum for repeat violations under OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142.

(3) A civil penalty must be assessed for each repeat violation that caused or contributed to a work-related fatality. The civil penalty for a repeat violation that caused or contributed to a work-related fatality is determined by the intersection of the probability rating and severity rating in accordance with Table 2 below, as adjusted annually in accordance with OAR 437-001-0142:

(4) The civil penalty for a repeat serious rated violation will not be less than the minimum or greater than the maximum under OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142.

(5) The civil penalty for a repeat serious rated violation that caused or contributed to a work-related fatality will not be less than the minimum or greater than the maximum under OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142, except when the civil penalty is reduced based on employer size at the discretion of the administrator if the employer agrees to comply with additional abatement measures during the appeal process.

(6) The civil penalty for a repeat other than serious rated violation will not be less than the minimum or greater than the maximum under OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 10-1989, f. & cert. ef. 7-7-89
APD 7-1989(Temp), f. & cert. ef. 5-1-89
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 33-1974, f. 9-5-74, ef. 9-26-74
WCB 19-1974, f. 6-5-74, ef. 9-1-76

Or. Admin. R. 437-001-0170 Determination of Penalty — Failure to Report an Occupational Fatality, Catastrophe, or Accident

If an employer fails to report an occupational fatality, catastrophe, or accident as provided in OAR 437-001-0704, a penalty of not less than $250 and not greater than the maximum penalty for a violation in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142, shall be assessed.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018
OSHA 7-2002, f. & cert. ef. 11-15-02
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 4-1981, f. 5-22-81, ef. 7-1-81

Or. Admin. R. 437-001-0171 Determination of Penalty — Failure to Register a Farm Labor Camp/Facility

If an operator, employer, or contractor fails to register a Farm Labor Camp or facility with Oregon OSHA as required in Division 4/J, OAR 437-004-1120(5)(b), a penalty of not less than $250 and not greater than the maximum penalty for a violation in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142, shall be assessed.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 315.164, 658.750, 658.755, 658.780, 658.785, 658.805, 658.810 & 658.825
OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018
OSHA 6-2003, f. & cert. ef. 11-26-03
OSHA 9-1995, f. & cert. ef. 11-29-95

Or. Admin. R. 437-001-0175 Determination of Penalty — Willful or Egregious Violation

(1) A civil penalty must be assessed for each willful violation. The civil penalty for a willful violation is determined by the intersection of the probability rating and severity rating in accordance with Table 1 below, as adjusted annually in accordance with OAR 437-001-0142:

(2) A civil penalty must be assessed for each willful violation that caused or contributed to a work-related fatality. The civil penalty for a willful violation that caused or contributed to a work-related fatality is determined by the intersection of the probability rating and severity rating in accordance with Table 2 below, as adjusted annually in accordance with OAR 437-001-0142:

(3) Willful violations that caused or contributed to a work-related fatality are not eligible for employer size reductions.

(4) At the discretion of the Administrator, a civil penalty may be issued for any willful violation and for any willful violation that caused or contributed to a work-related fatality up to the maximum penalty amount in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142.

(5) For egregious violations, the Administrator may assess a separate civil penalty for each instance of a violation under section (1) or (2) of this rule.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1985, f. 8-5-75, ef. 9-1-75

Or. Admin. R. 437-001-0176 Determination of Penalty — Failure to Notify Employees of Advance Notice

The Administrator, after considering the related facts, may assess a penalty not to exceed $1,000 for each violation of the employer’s failure to give notification by posting to employees of advanced notice.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 6-1982, f. 6-28-82, ef. 8-1-82

Or. Admin. R. 437-001-0180 Determination of Penalty — Relating to Red Warning Notice

Any employer who violates or directs another to violate OAR 437-001-0096(3) or (4) shall be assessed a civil penalty of not less than $250 and not more than maximum penalty for a violation in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 5-1978, f. 6-22-78, ef. 8-15-78

Or. Admin. R. 437-001-0201 Determination of Penalty — Relating to Field Sanitation

The Administrator shall assess a minimum civil penalty of not less than $250 and not greater than the maximum penalty for a violation in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142, to employers of workers who are engaged in field activities for the growing and harvesting of food crops intended for human consumption, who substantially fail to comply with OAR 437-004-1110 in Division 4, Agriculture.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 7-1999, f. & cert. ef. 7-15-99
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 9-1986, f. 10-7-86, ef. 12-1-86

Or. Admin. R. 437-001-0203 Determination of Penalty — Relating to Violations Which Have No Probability and Severity.

(1) Safety and Health Protection on the Job Poster — If the employer has not displayed the poster, a minimum penalty of $100 may be assessed.

(2) Annual Summary — If an employer fails to post the summary portion of the OSHA 300 Form no later than February 1 of the year following the year covered by the records and keep it posted until April 30 in accordance with 437-001-0700(17)(e), a minimum penalty of $200 may be assessed.

(3) Citation — If an employer fails to post the citation after receipt, a minimum penalty of $200 may be assessed.

(4) OSHA 300 and DCBS 801 Forms — If the employer does not maintain the Log and Summary of Occupational Injuries and Illnesses, OSHA 300 Form, and the Supplementary Record, DCBS Form 801 or equivalent, a minimum penalty of $100 may be assessed for each OSHA form not maintained.

(5) Access to Records — If the employer fails upon request to provide records for inspection and copying by any authorized representative of Oregon OSHA or by any employee, former employee, or authorized representative of employees, a minimum penalty of $100 may be assessed for each form not made available.

(6) Flush Toilets/Warm Water Hand Washing Facilities — If an employer fails to provide flush toilets or warm water hand washing facilities on a construction site according to OAR 437-003-0020 in 437, Division 3, Construction, a penalty of not less than $200, nor more than the maximum other than serious civil penalty in accordance with OAR 437-001-0145(2), as adjusted annually in accordance with OAR 437-001-0142, shall be assessed.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 9-2008, f. 9-19-08, cert. ef. 1-1-09
OSHA 6-2003, f. & cert. ef. 11-26-03
OSHA 11-2001, f. 9-14-01, cert. ef. 1-1-02
OSHA 10-1995, f. & cert. ef. 11-29-95
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88

Or. Admin. R. 437-001-0205 Citation and Notice of Penalty

(1) If the Division concludes from the review of an inspection report that a rule or order was violated, a citation will be issued to the employer which shall:

(a) State the name of the employer, place of employment, and date of inspection. If the violation occurred on other than the inspection date, the date of the violation will be included;

(b) Describe factually the nature and location of the violation;

(d) Identify the rule or order violated;

(e) Fix a time for the correction of each violation not corrected at the time of inspection;

(f) State the penalty for each violation;

(g) Identify which, if any, penalties are suspended;

(h) State the total dollar amount of assessed penalties;

(i) Inform the employer of the right to appeal the citation, the civil penalty or the period of time fixed for correction of the violation to the Board;

(j) Inform affected employees of their right to appeal the time fixed for correction of the violation; and

(k) Notify the employer that the citation becomes a final order if an appeal is not filed within 30 days of receipt of the citation by the employer.

(2) Citations and notices of penalties will be served on employers by certified mail, in person, or any method acceptable to the employer.

(3) Each employee representative shall be sent a copy of all citations and notices of penalties issued.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4))
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2009, f. 1-27-09, cert. ef. 2-3-09
OSHA 10-2007, f. 12-3-07, cert. ef. 1-1-08
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0215 Employer Response to Citation and Notice of Penalty

(1) After receipt of a citation, the employer shall:

(a) Promptly post the citation for employees information for 3 days or until the violation is corrected, whichever occurs last;

(b) Assure that any amendments or withdrawals to a citation are posted with the original citation for 3 days or until the violation is corrected, whichever occurs last;

(d) If no appeal is filed, remit any penalty by the 31st calendar day following receipt of the citation.

(2) The above requirements shall not limit an employer’s appeal rights.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4))
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 10-2007, f. 12-3-07, cert. ef. 1-1-08
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0220 Payment of Penalties

(1) All civil penalties become due and owing after the citation becomes a final order.

(2) If payment is not received within 20 days after the order becomes final, it may be docketed as a judgment as provided by ORS 654.086(3).

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 10-2007, f. 12-3-07, cert. ef. 1-1-08
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0225 Penalty for Falsification

(1) An employer who knowingly makes any false statement, representation, or certification regarding the correction of a violation shall be assessed a civil penalty of not less than $100 and not more than $2,500 for violations that are neither repeated nor willful.

(2) An employer who knowingly makes any false statement, representation, or certification regarding the correction of a violation, and that violation is found to have caused or materially contributed to the death of any employee, shall be penalized according to the provisions of ORS 654.991(3). In such cases, the Administrator shall contact the appropriate local district attorney for assistance and possible prosecution.

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0230 Correction of Violation

(1) The employer must correct any violation the employer has been ordered to correct except when:

(a) The abatement date of an other than serious violation has been appealed;

(b) An extension has been granted in accordance with OAR 437-001-0240.

(2) If the violation is corrected at the time of inspection, the correction shall be noted in the Compliance Officer’s inspection report. However, such correction shall not provide immunity from the issuance of a citation for the violation.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0231 Abatement Verification

(1) When an employer receives a citation for a violation of the Oregon Safe Employment Act, the employer must notify the appropriate Oregon OSHA field office of the corrective action taken to comply with each cited violation by Letter of Corrective Action. Such notification must occur within 10 calendar days after the last abatement date on the citation.

(2) When the compliance officer notes that violations are complied with at the time of the inspection, abatement verification for those violations is not required.

(3) The employer’s verification that abatement is complete must include, for each cited violation, the date and method of abatement and a statement that affected employees and their representatives have been informed of the abatement.

History

Statutory/Other Authority: 656.726(4) & ORS 654.025(2)
Statutes/Other Implemented: ORS 654.001-654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-1999, f. & cert. ef. 7-15-99

Or. Admin. R. 437-001-0235 Failure to Correct Violation

If a subsequent inspection reveals that a violation was not corrected, or was only partially corrected, by its correction date, a notice shall be issued to the employer which:

(1) Gives the date and number of the citation which first alleged the violation;

(2) Identifies the uncorrected violation and the date by which it was ordered to be corrected;

(3) Advises the employer of the non-abatement days accumulated to the date of notice;

(4) Advises the employer that daily penalties shall continue to accumulate until the violation is corrected; and

(5) Notifies the employer to advise the indicated field office immediately upon correction of the violation.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001-654.295
OSHA 7-1999, f. & cert. ef. 7-15-99
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0240 Extension of Correction Date — Application

(1) An employer may apply for an extension of the date for correcting a violation.

(2) An application for extension of correction date shall be in writing to Oregon OSHA, 350 Winter St. NE, Salem, Oregon 97301, or received by any office of the Department.

(3) The application for extension must include:

(a) The name and address of the employer;

(b) The location of the place of employment;

(d) The item number of the violation for which the extension is sought;

(e) The reason for the request;

(f) Any interim steps being taken to safeguard employees against the cited hazard during the requested extended correction period;

(g) The date by which the employer proposes to complete the correction; and

(h) A statement that a copy of the request for extension has been posted as required by OAR 437-001-0275(2) or for at least 10 days, whichever is longer, and, if appropriate, served on the authorized representative of affected employees, and certification of the date upon which such posting or service was made.

(i) Any employee who feels a posted request for an extension is unjust may contact the Administrator for a review of the matter.

(4) The application shall be postmarked or received by the Department no later than the correction date of the violation for which the extension is requested. For good cause, the Administrator may approve exceptions to this rule.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4))
Statutes/Other Implemented: ORS 654.001-654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 10-2007, f. 12-3-07, cert. ef. 1-1-08
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0245 Extension of Correction Date — Decision

(1) A request for extension of the correction date shall be granted or denied on the basis of information in the application, information from employees, and any other relevant information.

(2) If the request for extension is granted, a notice of extension of correction date shall be sent to the employer. The notice shall:

(a) Include notice of the right of affected employees or their representative to appeal the extension; and

(b) Be posted for employee’s information until the violation is corrected.

(3) If the request for extension is denied, the Administrator shall, with reasonable promptness, inform the employer in writing of the reasons for such denial, and of the employees’ and employer’s rights to appeal the Administrator’s decision.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001-654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0250 Extension of Correction Date — Revocation

The Administrator may, for good cause, revoke an extension of correction date.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001-654.295
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78

Or. Admin. R. 437-001-0251 Extension of Correction Date — Hearing on the Application

Affected employees or the employee representative shall be given the opportunity to request a hearing on an application for an extension of the correction date:

(1) Requests for hearings shall be made in the following manner:

(a) The request shall be made within ten (10) days of posting the application;

(b) A request shall be made to the Administrator and shall contain:

(A) A concise statement of facts showing how the employee(s) would be affected by the extension of correction date;

(B) A statement opposing the extension of the correction date and a concise summary of the evidence supporting the opposition; and

(2) Notice of hearing shall be given by the Administrator to affected persons and shall contain:

(a) Time, place, and nature of hearing;

(b) Legal authority under which the hearing will be held; and

(3) The hearing shall be conducted by the Administrator in a manner which will allow all affected persons to submit information on the application.

(4) At any hearing conducted to determine the merits of an extension request, the person requesting the extension of compliance time shall have the burden of proof regarding the request.

(5) The Administrator shall evaluate all information submitted at the hearing and make a determination on the merits of the application.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001-654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 3-1983, f. 1-31-83, ef. 2-1-83
WCD 6-1982, f. 6-28-82, ef. 8-1-82

Or. Admin. R. 437-001-0255 Requesting an Appeal and an Informal Conference

(1) In order to appeal a citation, a written request for appeal must be filed with the Department of Consumer and Business Services and must be directed to Oregon OSHA at 350 Winter St. NE, Room 300, Salem, Oregon 97301, or with any permanently staffed office of the Workers’ Compensation Board or Oregon OSHA. The appeal must be filed within 30 days of receiving a citation, notice, or order, if the employer intends to contest any proposed assessment of civil penalty, the time fixed for correction of a violation, or the violative condition cited. The request must clearly state the item(s) to be contested. An employee appeal of the time fixed for correction of a violation must also be filed within 30 days of the employer’s receipt of the citation, notice, or order.

(2) An informal conference may be requested by either the employer or employee and used to discuss informally with Oregon OSHA, any matter affecting occupational safety and health in the place of employment including, but not limited to:

(a) Clarify statements of observed violations;

(b) Discuss safety and health requirements;

(d) Explain the penalty system;

(e) Improve employer/employee understanding of the Oregon Safe Employment Act;

(f) Correct errors;

(g) Narrow issues, or

(h) Negotiate a settlement agreement with an employer to resolve disputed citations that have not become a final order. Notwithstanding any other rule in this division, proposed civil penalties may be reduced as part of a settlement agreement resolving disputed claims.

(3) A request for an informal conference alone will not be considered as an appeal to the Workers’ Compensation Board (although the same document may both request an informal conference and serve notice of an appeal, provided that it includes the required elements). An informal conference concerning a citation will not extend the 30 days allowed for filing an appeal with the Board.

(4) Informal conferences scheduled to negotiate settlement agreements require that the employer notify employees or their representatives of the opportunity to attend.

(5) When both a request for an informal conference and an appeal have been submitted, the appeal request will be forwarded to the Workers’ Compensation Board to be scheduled for a formal hearing if issues are not resolved at the informal conference.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001-654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
OSHA 10-2007, f. 12-3-07, cert. ef. 1-1-08
OSHA 7-1999, f. & cert. ef. 7-15-99
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0265 Amendment, Reissue or Withdrawal of Citation

(1) When the Division identifies an error or errors in the citation, the Administrator may, for good cause, amend, reissue or withdraw a citation provided:

(a) Such action will not reduce the occupational safety and health protection of affected employees;

(b) No appeal has been filed with the Board to contest the citation;

(d) The employee representative, if any, has been notified of the proposed amendment.

(2) The employer receiving an amendment or withdrawal shall post the document as required by OAR 437-001-0275(2).

(3) An amendment or withdrawal of an appealed citation or order shall be made in accordance with the Board's rules (OAR 438) for contested cases. The administrator shall notify the employee representative of any proposed settlement or withdrawal made according to OAR 438.

(4) Any withdrawal, or amendment of an appealed citation that reduces the penalty or extends the correction times of an alleged serious or willful violation shall not be made without written approval of the Director.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-2003, f. & cert. ef. 11-26-03
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0270 Discretion To Prevent a Manifest Injustice

(1) To prevent a manifest injustice, the Administrator, at the Administrator’s own discretion, or upon request from the Division or an adversely affected person, may vacate or amend a Division citation, notice, or order.

(2) If the Administrator proposes to vacate or amend a Division citation, notice, or order, an opportunity to be heard will be given to persons, including affected employees, whose rights may be affected.

(3) All requests for reconsideration based on a manifest injustice shall contain a statement indicating the following:

(a) The request has been posted as required by OAR 437-001-0275(2);

(b) The request has been served on the authorized representative of affected employees, if appropriate;

(d) All affected employees have been advised of their right to comment.

(4) No decision shall be made on a manifest injustice request until 10 days after the date of posting or service.

History

Statutory/Other Authority: 656.726(4) & ORS 654.025(2)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-2006, f. & cert. ef. 9-6-06
OSHA 6-2003, f. & cert. ef. 11-26-03
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 3-1983, f. 1-31-83, ef. 2-1-82
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 5-1978, f. 6-22-78, ef. 8-15-78

Or. Admin. R. 437-001-0275 Posting Requirements

(1) Where OAR 437, Division 1, requires an employer to inform affected employees by posting, copies of the unedited notice or other document shall be posted promptly upon receipt in one or more places where it will readily be observable by affected employees (for example, a location where employees report each day or at a location from which the employees operate to carry out their activities).

(2) The following documents shall be posted as specified:

(a) The Safety and Health Protection on the Job poster shall be posted permanently;

(b) A copy of any citation received by the employer shall be posted for three days or until the violation(s) is corrected, whichever occurs last;

(c) A copy of any amendment or withdrawal of a citation shall be posted with the original citation for three days or until the violation(s) is corrected, whichever occurs last;

(d) A copy of any notice of extension of correction date shall be posted until the violation(s) is corrected;

(e) A copy of any settlement shall be posted for ten days or until all violations have been corrected, whichever occurs last;

(f) A copy of any Notice of Hearing issued by the Hearings Division shall be posted until the hearing date;

(g) A copy of the variance application shall be posted until a final variance order is issued and posted;

(h) A copy of any variance order shall be posted for 20 days;

(i) A copy of any interim order relating to a variance shall be posted as long as it is in effect;

(j) A copy of any request for extension of correction date shall be posted until the Administrator informs the employer the extension has been granted or denied;

(k) A copy of a request for reconsideration of a citation, notice, or order under the manifest injustice provision of OAR 437-001-0270 shall be posted along with the citation until the request has been granted or denied; and

(l) A copy of any feasibility determination relating to engineering controls shall be posted for 20 days for review by employees.

(m) A Field Sanitation Notice (available from the Department of Consumer and Business Services, Oregon OSHA) shall be posted permanently by affected employers engaged in the production of food crops intended for human consumption. (See OAR chapter 437, division 4, Agriculture, OAR 437-004-0110(8)).

(n) An informational notice of the farm worker camp registration provided by the Department.

(3) If the employer fails to comply with the requirements of OAR 437-001-0275(2), the Administrator may assess a civil penalty of not more than $1,000 for each violation.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 315.164, 654.086, 658.750, 658.755, 658.780, 658.785, 658.805, 658.810 & 658.825
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-1999, f. & cert. ef. 7-15-99
OSHA 10-1995, f. & cert. ef. 11-29-95
OSHA 9-1995, f. & cert. ef. 11-29-95
APD 7-1988, f. 6-17-88, cert. ef. 7-1-74
APD 5-1988, f. & cert. ef. 5-16-88
WCD 9-19986, f. 10-7-86, cert. ef. 12-1-86
WCD 3-1983, f. 1-31-83, cert. ef. 2-1-82
WCD 6-1982, f. 6-28-82, cert. ef. 8-1-82
WCD 4-1981, f. 5-22-81, cert. ef. 7-1-81
WCD 5-1978, f. 6-22-78, cert. ef. 8-15-78
WCB 8-1975, f. 8-5-75, cert. ef. 9-1-75
WCB 19-1974, f. 6-5-74, cert. ef. 7-1-74

Or. Admin. R. 437-001-0280 Posting on Selected Multi-Employer Jobsites

At a multi-employer jobsite, the owner or the owner’s designated prime contractor may be directed to post a notice in a conspicuous manner in a sufficient number of locations throughout the jobsite to reasonably inform the Compliance Officer and the affected employees of the following:

(1) The name and usual jobsite location of each employer and employer representative, on each work shift, who is designated to accompany the Compliance Officer during a safety or health inspection of the jobsite; and

(2) The employee’s right to report a hazard to the employer’s designated representative.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001-654.295
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0285 Form and Content of a Complaint

Any person may complain to the Administrator of possible violations of any statute or of any lawful regulation, rule, standard, or order affecting employee safety or health at a place of employment. A complaint, whether oral or written, should specify:

(1) The name of the employer;

(2) The location of the place of employment;

(3) Where the condition or practice occurs in the place of employment;

(4) The nature and frequency of the hazard;

(5) The number of employees affected by the condition or practice;

(6) The way in which the complainant is affected by the condition or practice; and

(7) Whether the complainant desires the complainant’s name and address to be kept confidential.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001-654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0290 Division Action on Complaints

(1) At the complainant’s request, in writing, their identity shall be kept in confidence. Any employee of the Department who fails to maintain that confidence is subject to disciplinary action.

(2) Complaint inspections shall be scheduled as provided for in OAR 437-001-0055(3).

(3) Any person making a complaint to the Division shall receive written notice of the Division’s action if the complainant’s address is provided.

(4) Any complainant who feels that the complaint was not adequately investigated by the Division may contact the Administrator for a review of the matter.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001-654.295
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0295 Discrimination Complaint

(1) An employee or prospective employee may file a complaint as provided in ORS 654.062(5) if the employee believes discrimination has occurred because:

(a) The employee opposed a practice forbidden by, or engaged in a practice provided for, in the Oregon Safe Employment Act; or

(b) With no reasonable alternative and in good faith, the employee refused to perform a work task that would expose the employee to a hazardous condition that presents a real risk of death or serious physical harm and a reasonable person would agree under the circumstances all of the following conditions are met:

(A) Where possible, the employee requested from the employer, and was unable to obtain, a correction of the hazardous condition; and

(B) A hazardous condition that, if exposed, would have subjected the employee to imminent danger or serious physical harm; and

(C) Due to the urgency of the hazardous condition, there was insufficient time or opportunity to correct the hazard through regulatory authorities, such as Oregon OSHA.

(2) The discrimination complaint may be filed in any Circuit Court for the State of Oregon or with the Commissioner of the Bureau of Labor and Industries, 1800 Southwest 1st Avenue, Suite 500, Portland, Oregon 97201, within one year after the employee or prospective employee had reasonable cause to believe they have been barred or discharged from employment or otherwise discriminated against.

(3) The discrimination complaint may also be dual filed with the U.S. Department of Labor, 20425 72nd Avenue South, Suite 150A, Kent, Washington 98032-2388, as stated in 29 CFR 1977.15.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001-654.295
OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 8-2007, f. & cert. ef. 12-3-07
OSHA 7-2002, f. & cert. ef. 11-15-02
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0400 Application for a Variance

(1) Any employer may apply for a variance from any rule which specifically affects working conditions. This application may be submitted:

(a) On a form provided by Oregon OSHA; or

(b) In any written form that includes all information required by OAR 437-001-0400(2) and (3).

(2) An application for a variance must contain:

(a) The name and address of the employer;

(b) The address and location of the place of employment;

(d) The type of variance desired (see OAR 437-001-0015);

(e) The means by which employees will be protected from the hazard until final action is taken on the variance request;

(f) A description of the means proposed to be used to provide employment which is as safe and healthful as that obtained by compliance with the rule;

(g) Certification that all affected employees have been informed of the application and of their right to comment on it by;

(A) Giving a copy of the variance application to the authorized employee representative;

(B) Posting a statement giving a summary of the application and specifying where a copy may be examined, at the place or places where notices to employees are normally posted (or in lieu of such summary, the posting of the application itself); and

(h) A description of how employees have been informed of the application and of their right to comment on it to the Administrator, Oregon OSHA, 350 Winter St. NE Room 300, Salem, Oregon, 97301 before it becomes final.

(i) A statement of whether the employer has previously filed an application for a similar variance with any state or federal agency.

(3) If the employer is applying for a research variance, the application must contain the following additional information:

(a) The purpose and contribution of the intended research;

(b) A discussion of the research methods;

(d) A description of the hazards to which employees may be exposed and the steps to be taken to protect the employees safety and health;

(e) Biographical information to indicate the competence of the research staff;

(f) Assurances that the project will be funded adequately; and

(g) Assurances that Oregon OSHA will be given a copy of the research report prepared under the variance. However, no trade secret, patented or patentable material, or data need be submitted by the employer.

(4) If the employer is applying for a temporary variance, the application must contain the following additional information:

(a) A statement of facts why the applicant is unable to comply with the rule by the effective date which is supported by representations from qualified persons having firsthand knowledge of the facts and include data on:

(A) Unavailability of professional or technical personnel; or

(B) Unavailability of materials and equipment needed; or

(b) An effective program including a timetable for complying with the rule; and

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001-654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0405 Interim Order Relating to a Variance

(1) An employer applying for a variance may request an interim order to be effective until final action is taken on the variance application. The request for an interim order:

(a) May be included in the variance application;

(b) Must include all information required by OAR 437-001-0400(2); and

(2) The Administrator, or designee, will decide whether to issue an interim order on the basis of information provided in the application.

(3) If an interim order is granted, it will be sent to the employer. The employer must inform affected employees by posting a copy of the interim order for as long as the order is in effect.

(4) If an interim order is granted, the action will be published in the manner required by OAR 437-001-0410(1).

(5) If the interim order is denied, the employer will be given prompt written notice of, and the reasons for, the denial.

(6) An interim order or a written denial must include notice of the employer’s and employees’ appeal rights as contained in ORS 654.056 and OAR 438-085-0006 through 438-085-0870.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001-654.295
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0410 Administrative Action on Variance Application

(1) After a variance request is determined to be complete and procedurally adequate, as provided in OAR 437-001-0400, Oregon OSHA will publish the request for one day in at least one daily newspaper with general circulation throughout Oregon. The notice will include:

(a) The name of the applicant;

(b) The rule, also identified by number, from which the variance is sought;

(d) Notice of opportunity for public comment and hearing;

(e) Information on how interested persons may learn of Oregon OSHA’s decision on the variance application; and

(f) The address of the Oregon OSHA office from which further information may be obtained.

(2) Oregon OSHA may conduct an on-site review of the equipment or processes involved in the requested variance.

(3) A variance, if granted, will have no retroactive effect. It will not be the basis for amending or withdrawing a citation.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001-654.295
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 33-1974, f. 9-5-74, ef. 9-26-74
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0411 Hearings for Variance Applications

Affected employers or employees will be given the opportunity to request a hearing on an application.

(1) Request for hearings must be made in the following manner:

(a) The request must be made within 30 days of publication of the application;

(b) A request must be made to Oregon OSHA and must contain:

(A) A concise statement of facts showing how the employer or employee would be affected by the relief applied for;

(B) A statement opposing any or all portions of the application, and a concise summary of the evidence supporting each item opposed; and

(2) A notice of hearing will be given to affected persons that contains:

(a) Time, place, and nature of hearing;

(b) Legal authority under which the hearing will be held; and

(3) The hearing will be conducted in a manner that will allow all affected persons to submit information on the application.

(4) All information submitted will be evaluated at the hearing and a determination made on the merits of the application.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001-654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 67-1982, f. 6-28-82, ef. 8-1-82

Or. Admin. R. 437-001-0415 Criteria for Variance Approval

(1) An application for a permanent variance will be granted only if the applicant demonstrates, and Oregon OSHA determines, including consideration of employee or public comments, that the conditions, practices, operations, or processes proposed by the applicant will provide employment that is as safe and healthful as that obtained by compliance with the rule.

(2) An application for a temporary variance will be granted only if the applicant demonstrates, and Oregon OSHA determines, including consideration of employee or public comments, that the applicant is unable to comply with a new rule by its effective date, that the applicant has an effective program for complying with the rule by the agreed upon timetable, and that all available steps are being taken in the interim to safeguard employees against the hazard covered by the rule.

(3) An application for a research variance will be granted only if the applicant demonstrates, and Oregon OSHA determines, including consideration of employee or public comments, that the conditions, practices, operations, or processes used adequately safeguard employees against the hazards covered by the rule, while demonstrating or validating new or improved safety or health techniques or products.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001-654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
APD 7-1988, f. 6-17-88, cert. ef. 7-1-74
WCD (Safety) 6-1982, f. 6-28-82, cert. ef. 8-1-82
WCD (Safety) 4-1981, f. 5-22-81, cert. ef. 7-1-81
WCD (Safety) 5-1978, f. 6-22-78, cert. ef. 8-15-78

Or. Admin. R. 437-001-0420 Decision on Variance Request

(1) If a variance is granted, an order of variance will be issued. The order will include:

(a) The name of the employer to whom the variance is granted;

(b) The place of employment where the variance is applicable;

(d) The specific rule to which the variance applies;

(e) The alternative methods or safeguards to be used by the employer while the variance is in effect;

(f) Notice that the employer may be cited for any violation of the conditions established by the variance;

(g) Information of employees’ right to appeal the variance decision; and

(h) Information that if no appeal is filed within 30 days of receipt of the order, the variance approval becomes final and subject to review only as specified in OAR 437-001-0430.

(2) If a variance is denied, a notice of denial will be issued. The notice will include:

(a) The reasons for the denial;

(b) Employer and employee appeal rights;

(c) Information that if no appeal is filed within 30 days of receipt of the notice, the variance denial becomes a final decision without affecting the employer’s right to submit another application; and

(d) Information advising the employer that a compliance inspection may be made within 30 days.

(3) A copy of any variance order or denial must be posted for 20 days.

(4) A variance that has been denied, or that has expired, may be followed by a compliance inspection within 30 days.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.326, 654.412 - 654.423 & 654.991
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
OSHA 10-2009, f. & cert. ef. 10-5-09
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0425 Employer’s Duty to Meet Variance Terms

(1) A variance is not effective until the employer has complied with its terms and requirements.

(2) An employer may be cited for violating the terms of a variance. (See ORS 654.022)

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001-654.295
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0430 Modification or Revocation of a Variance

(1) A variance may be modified or revoked after it has been in effect 6 months or longer upon:

(a) Receiving a request from the employer, an affected employee, or an employee representative containing:

(A) The name and address of the applicant;

(B) A description of the relief which is sought;

(D) If the applicant is an employer, a certification that the applicant has informed affected employees of the application by:

(i) Giving a copy to their authorized representative;

(ii) Posting at the place or places where notices to employees are normally posted, a statement giving a summary of the application and specifying where a copy of the full application may be examined (or, in lieu of the summary, posting the application itself); and

(iii) Other appropriate means.

(E) If the applicant is an affected employee, they must provide a copy of the application to the employer; and

(F) Any request for a hearing, as provided for in these rules.

(b) Notification and confirmation that the alternative methods or safeguards required by the variance are not fully complied with; or

(2) Oregon OSHA will post the proposed modifications or revocations on the Oregon OSHA web site at osha.oregon.gov for 30 days. The posting will include:

(a) The name of applicant;

(b) The rule, also identified by number, from which the variance had been granted;

(d) Notice of opportunity for public comment and hearing and that a request for hearing will be made within 20 days of publication;

(e) Information on how interested persons may learn of Oregon OSHA’s decision on the variance; and

(f) The address of the Oregon OSHA office from which further information may be obtained.

(3) Oregon OSHA may conduct an on-site review of the equipment or processes involved in the proposed, revoked, or modified variance.

(4) The employer and affected employees will be advised in writing of modification or revocation of the variance. The modification or revocation order will include:

(a) The name and address of the employer;

(b) The address and location of the place of employment involved;

(d) The type of variance issued;

(e) The reasons for modification or revocation of the variance; and

(f) The employer’s and affected employees appeal rights.

(5) Any request for a hearing will be made within 30 days of publication and must include a short and plain statement of:

(a) How the proposed modification or revocation would affect the requesting party; and

(b) What the requesting party would seek to show on the subjects or issues involved.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
OSHA 6-2003, f. & cert. ef. 11-26-03
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 8-1975, f. 8-5-75, ef. 9-1-75
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0435 Effect of a Variance Granted by the U.S. Secretary of Labor

(1) If an employer requesting a variance from an Oregon rule submits proof that a variance from an equivalent federal rule has been granted by the U.S. Secretary of Labor, the federal variance will be accepted in lieu of the information required by OAR 437-001-0400, Application for a Variance.

(2) If an employer is cited for violating an Oregon rule equivalent to a federal rule for which a variance has been granted by the U.S. Secretary of Labor, and all conditions of that variance are being met, the Administrator will consider the federal variance as a possible defense against the citation.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001-654.295
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0450 Voluntary Compliance Consultative Services

(1) The Administrator shall provide consultative services to assist employers in preventing occupational injury and disease, whatever the cause.

(2) Consultative services may include providing technical information, but shall not intrude into the business of engineering firms or professional consultants.

(3) When federal funds are utilized to conduct consultative services, the provisions contained in 29 CFR 1908, Consultation Agreement, shall apply.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001-654.295
OSHA 5-1991, f. & cert. ef. 3-18-91
OSHA 1-1991(Temp), f. & cert. ef. 1-28-91
APD 7-1988, f. 6-17-88, cert. ef. 7-1-74
APD 6-1987, f. 12-23-87, cert. ef. 1-1-88
WCD 4-1981, f. 5-22-81, cert. ef. 7-1-81
WCD 5-1978, f. 6-22-78, cert. ef. 8-15-78
WCB 8-1974, f. 8-5-75, cert. ef. 9-1-75
WCB 19-1974, f. 6-5-74, cert. ef. 7-1-74

Or. Admin. R. 437-001-0455 Application for Consultative Services

Employers may make a verbal or written request for consultative services. A request must:

(1) Be made by an employer to a representative of the Division;

(2) Identify the employer and the location where the consultation is desired; and

(3) Define the specific problem or hazard, or other reason for the request.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001-654.295
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0460 Consultation

When a consultant responds to a request for a consultative service, the employer shall be advised:

(1) Of the purpose of the visit;

(2) Of the Administrative Rules and Standard Operating Procedures pertaining to consultative services; and

(3) That the consultation need not be limited to the specific problems or hazards contained in the request for consultative service, but may also include, at the request of the employer, assistance in developing a plan to correct hazardous conditions, and other services including but not limited to:

(a) Health and safety program assessments;

(b) Training on specific health and safety issues; and

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001-654.295
OSHA 5-1991, f. & cert. ef. 3-18-91
OSHA 1-1991(Temp), f. & cert. ef. 1-28-91
APD 7-1988, f. 6-17-88, cert. ef. 7-1-74
APD 6-1987, f. 12-23-87, cert. ef. 1-1-88
WCD 4-1981, f. 5-22-81, cert. ef. 7-1-81
WCD 5-1978, f. 6-22-78, cert. ef. 8-15-78
WCB 19-1974, f. 6-5-74, cert. ef. 7-1-74

Or. Admin. R. 437-001-0700 Recording Workplace Injuries and Illnesses

(1) Purpose. This rule requires employers to record work-related fatalities, injuries, and illnesses.

(2) Scope. This standard covers all employers covered by the Oregon Safe Employment Act, except for the exemptions below.

(3) Exemptions.

(a) If your company never had more than ten (10) employees during the last calendar year, including temporary employees, you do not need to keep Oregon OSHA injury and illness records unless the Director informs you in writing that you must keep records. The exemption for size is based on the number of employees in the entire company within the state of Oregon.

(b) If your company had more than ten (10) employees at any time during the last calendar year, you must keep Oregon OSHA injury and illness records unless your business is in a specific low hazard retail, service, finance, insurance, or real estate industry in Table 1. If so, you do not need to keep Oregon OSHA injury and illness records unless the government asks you to keep the records under 437-001-0700(22).

(c) If one or more of your company’s establishments are classified in a nonexempt industry, you must keep Oregon OSHA injury and illness records for all of such establishments unless your company is exempted because of size under 437-001-0700(3)(a). If a company has several business establishments engaged in different classes of business activities, some of the company’s establishments may be required to keep records, while others may be exempt.

(4) Alternate or Duplicate Records. If you create records to comply with another government agency’s injury and illness recordkeeping requirements, those records meet Oregon OSHA’s recordkeeping requirements if Oregon OSHA accepts the other agency’s records under a memorandum of understanding with that agency, or if the other agency’s records contain the same information as this standard requires you to record. Contact Oregon OSHA for help in determining if your records meet Oregon OSHA’s requirements.

(5) Recording Criteria and Forms. Each employer required to keep records of fatalities, injuries, and illnesses must record each fatality, injury, and illness that:

(a) Is work-related; and

(b) Is a new case; and

(c) Meets one or more of the general recording criteria of OAR 437-001-0700(8) or the application to specific cases of OAR 437-001-0700(9) through (12), see Table 2.

(6) Work-Related. You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. You must presume work-relatedness for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in Table 3 specifically applies.

(a) Oregon OSHA defines the work environment as the establishment and other locations where one or more employees work or are present as a condition of their employment.

(b) If it is not obvious where the precipitating event occurred you must evaluate the employee’s work duties and environment to decide whether events or exposures in the work environment either caused or contributed to the condition or significantly aggravated a pre-existing condition.

(c) A pre-existing injury or illness is significantly aggravated when an event or exposure in the work environment results in (A) through (D) below. Oregon OSHA considers an injury or illness to be a pre-existing if it resulted solely from a non-work-related event or exposure that occurred outside the work environment.

(A) Death, provided that the pre-existing injury or illness would likely not have resulted in death but for the occupational event or exposure.

(B) Loss of consciousness, provided that the pre-existing injury or illness would likely not have resulted in loss of consciousness but for the occupational event or exposure.

(C) One or more days away from work, or days of restricted work, or days of job transfer that otherwise would not have occurred but for the occupational event or exposure.

(D) Medical treatment in a case where no medical treatment was needed for the injury or illness before the workplace event or exposure, or a change in medical treatment was necessitated by the workplace event or exposure.

(d) An injury or illness occurring in the work environment that falls under one of the following exceptions found in Table 3 is not work-related, and is not recordable.

(e) Travel. Injuries or illnesses occurring during travel are work-related if the employee was engaged in work activities in the interest of the employer and it is not one of the exceptions in Table 4 - . Travel status exemptions.

(f) Work at home. Injuries and illnesses that occur while an employee works at home, including work in a home office, is work-related if the injury or illness relates directly to the work rather than to the general home environment or setting.

(g) Former employees. If you are notified that a former employee had a work related injury or illness when in your employment, record the date of the incident on the appropriate OSHA 300 log for the date of the injury. If the date is not known, use the last day of employment.

(7) New Cases. An injury or illness is a “new case” if:

(a) The employee has no previous recorded injury or illness of the same type that affects the same part of the body, or

(b) The employee previously had a recorded injury or illness of the same type that affected the same part of the body but recovered completely (all signs and symptoms disappeared) from the previous injury or illness and an event or exposure in the work environment caused the signs or symptoms to reappear.

(A) For occupational illnesses where the signs or symptoms may recur or continue in the absence of a workplace exposure, record the case only once when it is diagnosed. Examples include occupational cancer, asbestosis, byssinosis, and silicosis.

(B) You are not required to seek the advice of a physician or other licensed health care professional. If you do seek such advice, you must follow their recommendation about whether the case is a new case or a recurrence.

(8) General Recording Criteria. A work-related injury or illness is recordable if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. You must record a case if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.

(a) Death. You must record an injury or illness that results in death by entering a check mark on the OSHA 300 Log in the space for cases resulting in death.

(b) Days Away from Work. When an injury or illness involves one or more days away from work, you must record the injury or illness on the OSHA 300 Log with a check mark in the space for cases involving days away and an entry of the number of calendar days away from work in the number of days column. If the employee is out for an extended period of time, you must enter an estimate of the days that the employee will be away, and update the day count when the actual number of days is known.

(A) Begin counting days away on the day after the injury occurred or the illness began.

(B) End the count of days away from work on the date the physician or other licensed health care professional recommends that the employee return to work. This applies regardless of whether the employee returns earlier or later than recommended. If there is no recommendation from the physician or licensed health care professional, enter the actual number of days the employee is off work.

(C) You must count the number of calendar days the employee was unable to work as a result of the injury or illness, regardless of whether or not the employee was scheduled to work on those day(s). Include weekend days, holidays, vacation days or other days off in the total number of days recorded if the employee would not have been able to work on those days because of a work-related injury or illness.

(D) You may stop tracking of the number of calendar days away from work once the total reaches 180 days away from work and/or days of job transfer or restriction. Entering 180 in the total days away column is adequate.

(E) If the employee leaves your company for a reason unrelated to the injury or illness, such as retirement, a plant closing, or to take another job, you may stop counting days away from work or days of restriction/job transfer. If the employee leaves your company because of the injury or illness, you must estimate the total number of days away or days of restriction/job transfer and enter the day count on the 300 Log.

(F) You must enter the number of calendar days away for the injury or illness on the OSHA 300 Log that you prepare for the year in which the incident occurred. If the time off extends into a new year, estimate the number of days for that year and add that amount to the days from the year of occurrence. Do not split the days between years and enter amounts on the logs for two different years. Use this number to calculate the total for the annual summary, and then update the initial log entry later when the day count is known or reaches the 180-day cap.

(c) Restricted Work or Job Transfer. When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, you must record the injury or illness on the OSHA 300 Log by placing a check mark in the space for job transfer or restriction and an entry of the number of restricted or transferred days in the restricted workdays column. Restricted work occurs when, as the result of a work-related injury or illness:

(A) You keep the employee from performing one or more of the routine functions of their job, or from working the full day that they would otherwise work; or

(B) A physician or other licensed health care professional recommends that the employee not perform one or more of the routine functions of their job, or not work the full workday that they would otherwise work.

(C) A recommended work restriction is recordable only if it affects one or more of the employee’s routine job functions. To determine whether this is the case, you must evaluate the restriction in light of the routine functions of the injured or ill employee’s job.

(D) A partial day of work is recorded as a day of job transfer or restriction for recordkeeping purposes, except for the day on which the injury occurred or the illness began.

(E) Record job transfer and restricted work cases in the same box on the OSHA 300 Log.

(F) Count days of job transfer or restriction in the same way you count days away from work. The only difference is that, if you permanently assign the injured or ill employee to a job modified or permanently changed to eliminate the routine functions the employee was restricted from performing, you may stop the day count when the modification or change is permanent. You must count at least 1-day of restricted work or job transfer for such cases.

(d) Medical Treatment. If a work-related injury or illness results in medical treatment beyond first aid, you must record it on the OSHA 300 Log. If the employee received medical treatment but remained at work without transfer or restriction and the injury or illness did not involve death, one or more days away from work, one or more days of restricted work, or one or more days of job transfer, you enter a check mark in the box for other recordable cases.

(A) “Medical treatment” is the management and care of a patient to combat disease or disorder. For this rule, medical treatment does not include:

(i) Visits to a physician or other licensed health care professional solely for observation or counseling;

(ii) The conduct of diagnostic procedures, such as x-rays and blood tests, including the administration of prescription medications solely for diagnostic purposes (e.g., eye drops to dilate pupils); or

(iii) “First aid” as in (B) below.

(B) First aid is any of the conditions listed in Table 6. This is a complete list of all first aid treatments for this standard. These treatments are considered first aid regardless of the professional status of the person providing the treatment.

(e) Loss of Consciousness. You must record a work-related injury or illness if the worker becomes unconscious, regardless of the length of time they remain unconscious.

(f) Other Injuries and Illnesses. Work-related cases involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum must always be recorded under the general criteria at the time of occurrence.

(9) Needlestick and Sharps Injury Recording Criteria.

(a) When an injury is diagnosed later as an infectious bloodborne disease, you must update the classification on the 300 log to reflect the new status or classification.

(b) You must record all work-related needlestick injuries and cuts from sharp objects contaminated with another person’s blood or other potentially infectious material (as defined by 1910.1030). You must enter the case on the OSHA 300 Log as an injury. To protect the employee’s privacy, do not enter the employee’s name on the OSHA 300 Log (see the requirements for privacy cases in OAR 437-001-0700(14)).

(10) Medical Removal Recording Criteria. If another Oregon OSHA standard requires the medical removal of an employee, you must record the case on the OSHA 300 Log.

(a) You must enter each medical removal case on the OSHA 300 Log as either a case involving days away from work or a case involving restricted work activity, depending on how you decide to comply with the medical removal requirement. If the medical removal is the result of a chemical exposure, you must enter the case on the OSHA 300 Log by checking the “poisoning” column.

(b) If the case involves voluntary medical removal before reaching the medical removal levels required by an Oregon OSHA standard, do not record the case on the OSHA 300 Log.

(11) Occupational Hearing Loss Recording Criteria.

(a) Hearing loss must be recorded on the OSHA 300 Log by checking the hearing loss column when:

(A) An annual audiogram reveals a Standard Threshold Shift (STS) in either or both ears; and

(B) The hearing level in the same ear is 25 dB above audiometric zero.

(b) In determining whether an STS has occurred, you may correct for the age of the employee. Use the appropriate table in Appendix A to determine the age adjustment. If the STS is 10 dB or more after the age correction, it still meets the criteria for recordability. Employers may use the flowchart in Appendix B (non-mandatory) to determine if hearing loss is recordable on the OSHA 300 form.

(c) If you retest the employee’s hearing within 30 days of the first test, and the retest does not confirm the recordable STS, you are not required to record the hearing loss case on the OSHA 300 Log. If the retest confirms the recordable STS, you must record the hearing loss case within 7 calendar days of the retest. If subsequent audiometric testing performed under the testing requirements of the noise standard (1910.95) indicates that an STS is not persistent, you may erase, delete, or line-out the recorded entry.

(d) If a physician or other licensed health care professional determines, following the rules set out in OAR 437-001-0700(6), that the hearing loss is not work-related or has not been significantly aggravated by occupational noise exposure, the case is not work-related. Do not record it on the OSHA 300 Log.

(12) Tuberculosis Reporting Criteria. If any of your employees has an occupational exposure to anyone with a known case of active tuberculosis (TB), and that employee subsequently develops a tuberculosis infection, as evidenced by a positive skin test or diagnosis by a physician or other licensed health care professional, you must record the case on the OSHA 300 Log by checking the “respiratory condition” column.

(a) Do not record a pre-employment positive skin test because the exposure was not in your workplace.

(b) Line out or erase a recorded case if you prove that:

(A) The worker lives in a household with a person diagnosed with active TB;

(B) The Public Health Department identifies the worker as a contact of an individual with a case of active TB unrelated to the workplace; or

(C) A medical investigation shows that the employee’s infection was caused by exposure to TB away from work, or proves that the case was not related to the workplace TB exposure.

(13) Removed.

(14) Forms.

(a) You must use OSHA 300, 300A, and DCBS Form 801, or equivalent forms, for recordable injuries and illnesses. The OSHA 300 form is the Log of Work-Related Injuries and Illnesses, the 300A is the Summary of Work-Related Injuries and Illnesses, and the DCBS Form 801 or equivalent is the Worker’s and Employer’s Report of Occupational Injury or Disease. The OSHA 300 and 300A Summary forms must be kept on a calendar year basis.

(A) Even if you are exempt from recordkeeping, you must have at each establishment, a copy of DCBS Form 801 or equivalent for each occupational injury or illness that may result in a compensable claim.

(B) You must enter information about your business at the top of the OSHA 300 Log, enter a one or two line description for each recordable injury or illness, and summarize this information on the OSHA 300A Summary form at the end of the year.

(C) You must complete a DCBS Form 801 or equivalent form, for each recordable injury or illness entered on the OSHA 300 Log.

(D) You must enter each recordable injury or illness on the OSHA 300 Log and DCBS Form 801 or equivalent within 7 calendar days of receiving information that a recordable injury or illness has occurred.

(E) An equivalent form is one that has the same information, is as readable and understandable, and is completed using the same instructions as the OSHA form it replaces. Many employers use an insurance form instead of the DCBS Form 801, or supplement an insurance form by adding any additional information required by OSHA.

(F) You may use a computer to keep your records if it can produce equivalent forms when needed.

(G) Privacy Concern Cases. If you have a “privacy concern case,” do not enter the employee’s name on the OSHA 300 Log. Instead, enter “privacy case” in the space normally used for the employee’s name. This will protect the privacy of the injured or ill employee when another employee, a former employee, or an authorized employee representative has access to the OSHA 300 Log. You must keep a separate, confidential list of the case numbers and employee names for your privacy concern cases so you can update the cases and provide the information to the government if asked to do so.

(H) The following injuries or illnesses are privacy concern cases:

(i) An injury or illness to an intimate body part or the reproductive system;

(ii) An injury or illness resulting from a sexual assault;

(iii) Mental illnesses;

(iv) HIV infection, hepatitis, or tuberculosis;

(v) Needlestick injuries and cuts from sharp objects contaminated with another person’s blood or other potentially infectious material; and

(vi) Other illnesses, if the employee voluntarily requests that his or her name not be entered on the log.

(I) If you reasonably believe that information describing the privacy concern case may be personally identifiable even though the employee’s name is omitted, use discretion in describing the injury or illness on both the OSHA 300 and DCBS 801 Forms. You must enter enough information to identify the cause of the incident and the general severity of the injury or illness, but you do not need to include details of an intimate or private nature. For example, describe a sexual assault case as “injury from assault,” or an injury to a reproductive organ could be described as “lower abdominal injury.”

(J) If you voluntarily disclose the forms to persons other than government representatives, employees, former employees or authorized representatives, you must remove or hide the employees’ names and other personally identifying information, except for the following cases:

(i) To an auditor or consultant hired by the employer to evaluate the safety and health program;

(ii) To the extent necessary for processing a claim for workers’ compensation or other insurance benefits; or

(iii) To a public health authority or law enforcement agency for uses and disclosures for which consent, an authorization, or opportunity to agree or object is not required under Department of Health and Human Services Standards for Privacy of Individually Identifiable Health Information, 45 CFR.164.512.

(b) In addition, health care employers as defined in ORS 654.412 must record assaults against employees on the Health Care Assault Log. See OAR 437-001-0706.

(15) Multiple Business Establishments. You must keep a separate OSHA 300 Log for each establishment that you expect to operate for 1-year or longer.

(a) You may keep one OSHA 300 Log that covers all of your short-term establishments. You may also include the short-term establishments’ recordable injuries and illnesses on an OSHA 300 Log that covers short-term establishments for individual company divisions or geographic regions.

(b) You may keep the records for an establishment at your headquarters or other central location if you can:

(A) Transmit information about the injuries and illnesses from the establishment to the central location within 7 calendar days of receiving information that a recordable injury or illness has occurred; and

(B) Produce and send the records from the central location to the establishment within the time frames required by OAR 437-001-0700(22) when you are required to provide records to a government representative, employees, former employees or employee representatives.

(c) You must link each employee with one of your establishments, for recordkeeping purposes. You must record the injury and illness on the OSHA 300 Log of the injured or ill employee’s establishment, or on an OSHA 300 Log that covers that employee’s short-term establishment.

(d) If the injury or illness occurs at one of your establishments, you must record the injury or illness on the OSHA 300 Log of the establishment where the injury or illness occurred. If the employee is injured or becomes ill and is not at one of your establishments, you must record the case on the OSHA 300 Log at the establishment where the employee normally works.

(16) Covered Employees. You must record on the OSHA 300 Log the recordable injuries and illnesses of all employees on your payroll, whether they are labor, executive, hourly, salary, part-time, seasonal, or migrant workers. You also must record the recordable injuries and illnesses that occur to employees who are not on your payroll if you supervise these employees on a day-to-day basis. If your business is organized as a sole proprietorship or partnership, the owner or partners are not considered employees for recordkeeping purposes.

(a) Record the injuries and illnesses to workers from temporary help agencies or employee leasing services only if you supervise these employees on a day-to-day basis.

(b) If a contractor’s employee is under the day-to-day supervision of the contractor, the contractor is responsible for recording the injury or illness. If you supervise the contractor employee’s work on a day-to-day basis, you must record the injury or illness.

(c) You and the temporary help service, employee leasing service, personnel supply service, or contractor should coordinate your efforts to make sure that each injury and illness is recorded only once: either on your OSHA 300 Log (if you provide day-to-day supervision) or on the other employer’s OSHA 300 Log (if that company provides day-to-day supervision).

(17) Annual Summary and Posting Requirements. At the end of each calendar year, you must:

(a) Review the OSHA 300 Log to verify that the entries are complete and accurate, and correct any deficiencies identified.

(b) Use the OSHA 300A Summary form to create an annual summary of injuries and illnesses recorded on the OSHA 300 Log:

(A) Total the columns on the OSHA 300 Log (if you had no recordable cases, enter zeros for each column total); and

(B) Enter the calendar year covered, the company's name, establishment name, establishment address, annual average number of employees covered by the OSHA 300 Log, and the total hours worked by all employees covered by the OSHA 300 Log.

(C) If you are using an equivalent form other than the OSHA 300A Summary form, the summary you use must also include the employee access and employer penalty statements found on the OSHA 300A Summary form.

(c) Sign or have a representative sign the 300A Summary to certify that the OSHA 300 Log is correct to the best of the signer’s knowledge. If the summary is signed by a person other than a company executive, a company executive must also review the OSHA 300 Log in order to be generally familiar with its contents. A company executive is:

(A) An owner of the company when the company is a sole proprietorship or partnership;

(B) An officer of the corporation;

(D) The immediate supervisor of the highest ranking company official working at the establishment.

(d) Post a copy of the 300A Summary form in each establishment in a conspicuous place or places where notices to employees are customarily posted. Ensure that the posted annual summary is not altered, defaced or covered by other material.

(e) Post the 300A Summary no later than February 1 of the year following the year covered by the records and keep it posted until April 30.

(f) When you maintain records for all of your establishments at your headquarters or other central location, each 300A Summary form must be specific to each separate establishment.

(18) Paperwork Retention and Updating.

(a) You must save the OSHA 300 Log, the privacy case list (if any), the 300A Summary form, and the DCBS Form 801 or equivalent forms for 5 years following the end of the calendar year that they cover.

(b) During the storage period, you must update your stored OSHA 300 Logs to include newly discovered recordable injuries or illnesses and to show any changes that have occurred in the classification of previously recorded injuries and illnesses. If the description or outcome of a case changes, you must remove or line out the original entry and enter the new information.

(19) Change of Business Ownership. If your business changes ownership, you must record and report work-related injuries and illnesses only for the time you owned the establishment. You must transfer the records to the new owner. The new owner must save all records of the establishment kept by the prior owner, but need not update or correct the records of the prior owner.

(20) Prohibition against discrimination. Oregon Revised Statute 654.062(5) prohibits discrimination against an employee for reporting a work-related fatality, injury or illness. It also protects the employee who files a safety and health complaint, asks for access to this rule, records, or otherwise exercises any rights afforded by law or rule.

(21) Employee Involvement. You must involve your employees and their representatives in the recordkeeping system.

(a) You must establish a reasonable procedure for employees to report work-related injuries and illnesses promptly and accurately. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness.

(b) You must inform each employee of your procedure for reporting work related injuries and illnesses and tell each employee how they are to report an injury or illness to you.

(c) You must inform employees that they have the right to report work-related injuries and illnesses; and that employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries and illnesses.

(d) You must leave the names on the 300 Log. However, to protect the privacy of injured and ill employees, do not record the employee’s name on the OSHA 300 Log for certain “privacy concern cases.”

(e) You must provide limited access to your injury and illness records for your employees and their representatives.

(A) Your employees, former employees, their personal representatives, and their authorized collective bargaining representatives have the right to access the OSHA injury and illness records, in accordance with (B) through (E) below.

(B) When an employee, former employee, personal representative, or authorized employee representative asks for copies of your current or stored OSHA 300 Log(s) for an establishment the employee or former employee has worked in, you must give the requester a copy of the relevant OSHA 300 Log(s) by the end of the next business day.

(C) When an employee, former employee, or personal representative asks for a copy of the DCBS Form 801 or equivalent describing an injury or illness to that employee or former employee, you must give the requester a copy of the DCBS Form 801 or equivalent containing that information by the end of the next business day.

(D) When an authorized employee representative asks for copies of the DCBS Form 801 or equivalent for an establishment where the agent represents employees under a collective bargaining agreement, you must give copies of those forms to the authorized employee representative within 7 calendar days. You are only required to give the authorized employee representative information from the releasable part of the DCBS Form 801 indicated in the “Worker” section. You must remove all other information from the copy of the DCBS Form 801 or equivalent form that you give to the authorized employee representative.

(E) You may not charge for these copies the first time. However, if one of the designated persons asks for additional copies, you may assess a reasonable charge for retrieving and copying the records.

(22) Providing Records to Government Representatives. When an authorized government representative asks for the records you keep in compliance with this standard, you must provide copies of the records within 4 business hours. Authorized government representatives are:

(a) A representative of the Oregon Department of Consumer and Business Services.

(b) A representative of the Secretary of Labor conducting an inspection or investigation under the Act.

(c) A representative of the Secretary of Health and Human Services (including the National Institute for Occupational Safety and Health - NIOSH) conducting an investigation under Section 20(b) of the Act.

(23) Requests from the Bureau of Labor Statistics or DCBS. If you receive a Survey of Occupational Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS), or a BLS designee, or a request for data from the Oregon Department of Consumer and Business Services, you must promptly complete the form and return it following the instructions on the survey form.

(24) Electronic submission of injury and illness records to OSHA.

(a) If your establishment had 250 or more employees at any time during the previous calendar year, and you are required to maintain an OSHA 300 log, per section (2) of this rule, except 6111 Elementary and Secondary Schools, 6116 Other Schools and Instruction, and 6117 Educational Support Services, then you must electronically submit information from the OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA’s designee. You must submit the information once a year, no later than the date listed in subsection (24)(h) of the year after the calendar year covered by the forms.

(b) If your establishment had 20 or more employees but fewer than 250 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in Table 7, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA’s designee. You must submit the information once a year, no later than the date listed in subsection (24)(h) of the year after the calendar year covered by the form.

(c) If your establishment had 100 or more employees at any time during the previous calendar year, and your establishment is classified in an industry listed in Table 8, then you must electronically submit information from OSHA Forms 300 and DCBS Form 801 to OSHA or OSHA’s designee. You must submit the information once a year, no later than the date listed in (24)(h) of this section of the year after the calendar year covered by the forms.

(d) For each establishment that is subject to these reporting requirements, you must provide the Employer Identification Number (EIN) used by the establishment and your legal company name.

(e) If you are required to submit information under subsection (24)(a), 24(b) or (24)(c), then you must submit the information once a year, by the date listed in paragraph (24)(h) of the year after the calendar year covered by the form or forms. If you are submitting information because OSHA notified you to submit information as part of an individual data collection under subsection (24)(h), then you must submit the information as often as specified in the notification.

(f) You must submit the information electronically. Federal OSHA will provide a secure website for the electronic submission of information.

(g) If your enterprise or corporate office had ownership of or control over one or more establishments required to submit information under subsection (24)(a), 24(b) or (24)(c), then the enterprise or corporate office may collect and electronically submit the information for the establishment(s).

(h) Reporting Dates. Beginning in 2020, establishments that are required to submit under subsection (24)(a), 24(b), or (24)(c) of this section will have to submit all of the required information by March 2 of the year after the calendar year covered by the form or forms (for example, by March 2, 2020, for the forms covering 2019).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 – 654.295, 654.412 – 654.423 & 654.750 – 780
OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024
OSHA 4-2023, amend filed 12/21/2023, effective 01/01/2024
OSHA 3-2019, amend filed 10/29/2019, effective 10/29/2019
OSHA 2-2019, amend filed 06/24/2019, effective 06/24/2019
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 5-2017, f. 8-1-17, cert. ef. 1-1-18
OSHA 6-2016, f. 11-10-16, cert. ef. 5-1-17
OHSA 2-2015, f. 3-18-15, cert. ef. 1-1-16
OSHA 8-2008, f. & cert. ef. 7-14-08
OSHA 11-2007, f. 12-21-07, cert. ef. 1-1-08
OSHA 7-2006, f. & cert. ef. 9-6-06
OSHA 6-2003, f. & cert. ef. 11-26-03
OSHA 7-2002, f. & cert. ef. 11-15-02
OSHA 2-2002, f. & cert. ef. 3-12-02
OSHA 11-2001, f. 9-14-01, cert. ef. 1-1-02
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 4-1981, f. 5-22-81, ef. 7-1-81
WCD 7-1979, f. 8-20-79, ef. 9-1-79
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0704 Reporting Fatalities, Catastrophes, Injuries and Illnesses to Oregon OSHA

(1) Purpose. This rule requires employers to report certain work-related fatalities, injuries, and illnesses.

(2) Scope. This standard covers all employers covered by the Oregon Safe Employment Act.

(3) You must report fatalities and catastrophes to Oregon OSHA only in person or by telephone within 8 hours of occurrence or employer knowledge (reported to you or any of your agents) of a fatality or catastrophe:

(a) Fatalities. You must report all work-related fatalities. You must report all fatalities caused by a heart attack at work. Report a fatality only if death occurs within 30 days of the incident.

(b) Catastrophe. A catastrophe is an incident in which two or more employees are fatally injured, or three or more employees are admitted to a hospital or an equivalent medical facility (for example, a clinic) as a result of the same incident.

(4) You must report in-patient hospitalizations, loss of an eye, and either amputations or avulsions that result in bone loss, to Oregon OSHA within 24 hours after occurrence of the work related incident or employer knowledge (reported to you or any of your agents) of the event. When an amputation, avulsion, or loss of an eye involves in-patient hospitalization, you need only to make a single report.

(a) In-Patient Hospitalization. In-patient hospitalization is the formal admission to the in-patient service of a hospital or clinic for care or medical treatment (includes first-aid). Hospitalization for observation only is not reportable, nor is emergency room treatment. In-patient hospitalization for any reason after emergency room treatment is reportable. You must report all incidents that result in in-patient hospitalization, including heart attacks and motor vehicle accidents. Report in-patient hospitalizations only if they occur within 24 hours of the incident that caused the hospitalization.

(b) Loss of an eye. Report the loss of an eye only if it occurs within 24 hours of the incident that caused the loss.

(A) An amputation is the traumatic loss of a limb or other external body part, including a fingertip. Amputations include loss of a body part due to a traumatic incident, a gunshot wound, and medical amputations due to irreparable traumatic injuries.

(B) An avulsion is the tearing away or forcible separation of any body part by trauma.

(D) Report an amputation or avulsion only if it occurs within 24 hours of the incident that caused the amputation or avulsion.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OHSA 2-2015, f. 3-18-15, cert. ef. 1-1-16

Or. Admin. R. 437-001-0706 Recordkeeping for Health Care Assaults

(1) Purpose. This rule implements the amendments to the Oregon Safe Employment Act, ORS 654.412 through 654.423, providing specific provisions for the recordkeeping and reporting requirements of health care assaults, and additional recordkeeping requirements as authorized under ORS 654.025(2) and 656.726(4)(a).

(2) Scope and Definitions. This rule applies to health care employers and home health care services provided by health care employers. Health care employers only include hospitals and ambulatory surgical centers, which are defined in ORS 442.015: "Hospital" means a facility with an organized medical staff, with permanent facilities that include inpatient beds and with medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical or surgical treatment primarily for but not limited to acutely ill patients and accident victims, to provide treatment for the mentally ill or to provide treatment in special inpatient care facilities. "Ambulatory surgical center" means a facility that performs outpatient surgery not routinely or customarily performed in a physician's or dentist's office, and is able to meet health facility licensure requirements.

(3) Health care assault recordkeeping. In addition to existing general recordkeeping requirements in OAR 437-001-0700, Recordkeeping and Reporting, health care employers must use the Health Care Assault Log, or equivalent, to record assaults. See ORS 654.412 through 654.423 for details required to be recorded. Appendix A of 437-001-0706 provides instructions for completing the form.

(4) Other recordkeeping information. The following sections of OAR 437-001-0700 apply to health care assault recordkeeping and reporting:

(a) Section (6) Work-relatedness

(b) Section (14)(b) Forms

(d) Section (16) Covered Employees

(e) Section (19) Change of Business Ownership. Appendix A (attached). Appendix B (attached).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.412 - 654.423
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 2-2011, f. 9-29-11, cert. ef. 10-1-11
OSHA 8-2008, f. & cert. ef. 7-14-08
OSHA 11-2007, f. 12-21-07, cert. ef. 1-1-08

Or. Admin. R. 437-001-0740 Falsification or Failure to Keep and Post Records or Make Reports

Oregon OSHA will cite employers who fail to keep the records, post the summaries, or make the reports required by OAR 437-001-0700 (except OAR 437-001-0704 which is addressed in OAR 437-001-0170) or OAR 437-001-0706. Citations will be ‘other than serious’ and carry a penalty of at least $100 but not more than $1,000 for each violation that is neither repeated nor willful.

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 11-2007, f. 12-21-07, cert. ef. 1-1-08
OSHA 7-2002, f. & cert. ef. 11-15-02
OSHA 11-2001, f. 9-14-01, cert. ef. 1-1-02
OSHA 6-1994, f. & cert. ef. 9-30-94
APD 7-1988, f. 6-17-88, ef. 7-1-74
APD 6-1987, f. 12-23-87, ef. 1-1-88
WCD 6-1982, f. 6-28-82, ef. 8-1-82
WCD 5-1978, f. 6-22-78, ef. 8-15-78
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0742 Recordkeeping Variances and Exceptions

In order to achieve a uniform national system for the recordkeeping and reporting of occupational injuries and illnesses, the State of Oregon and the U.S. Department of Labor have agreed that as applied to employers, defined in subsections 3(5) of the Occupational Safety and Health Act of 1970 (Public Law 91-596, 81 STAT 1950), the state will not grant any variances or exceptions to the recordkeeping and reporting regulations of this part without prior approval of the U.S. Bureau of Labor Statistics.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.120(2) & 654.120(5)
OSHA 11-2001, f. 9-14-01, cert. ef. 1-1-02
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCB 19-1974, f. 6-5-74, ef. 7-1-74

Or. Admin. R. 437-001-0760 Rules for All Workplaces

(1) Employers’ Responsibilities.

(a) The employer must see that workers are properly instructed and supervised in the safe operation of any machinery, tools, equipment, process, or practice that they are authorized to use or apply. This rule does not require a supervisor on every part of an operation nor prohibit workers from working alone.

(b) The employer must take all reasonable means to require employees:

(A) To work and act in a safe and healthful manner;

(B) To conduct their work in compliance with all applicable safety and health rules;

(C) To use all means and methods, including but not limited to, ladders, scaffolds, guardrails, machine guards, safety belts, and lifelines, that are necessary to safely accomplish all work where employees are exposed to a hazard; and

(D) Not to remove, displace, damage, destroy, or carry off any safety device, guard, notice, or warning provided for use in any employment or place of employment while such use is required by applicable safety and health rules.

(c) Every employer is responsible for providing the health hazard control measures necessary to protect the employees’ health from harmful or hazardous conditions and for maintaining such control measures in good working order and in use.

(d) Every employer must inform the employees regarding the known health hazards to which they are exposed, the measures which have been taken for the prevention and control of such hazards, and the proper methods for utilizing such control measures.

(e) Every agent of the employer is responsible for:

(A) The safe performance of the work under the agent’s supervision or control;

(B) The safe conduct of all employees under the agent’s supervision or control;

(2) Employees’ Responsibilities.

(a) Employees must conduct their work in compliance with the safety rules contained in this code.

(b) All injuries must be reported immediately to the person in charge or other responsible representative of the employer.

(c) It is the duty of all workers to make full use of safeguards provided for their protection. It is the worker’s responsibility to abide by and perform the following requirements:

(A) A worker must not operate a machine unless guard or method of guarding is in good condition, working order, in place, and operative.

(B) A worker must stop the machine or moving parts and properly tagout or lockout the starting control before oiling, adjusting, or repairing, except when such machine is provided with means of oiling or adjusting that will prevent possibility of hazardous contact with moving parts.

(C) A worker must not remove guards or render methods of guarding inoperative except for the purpose of adjustment, oiling, repair, or the setting up a new job.

(D) Workers must report to their supervisor any guard or method of guarding that is not properly adjusted or not accomplishing its intended function.

(E) Workers must not use their hands or any portion of their bodies to reach between moving parts or to remove jams, hangups, etc. (Use hook, stick, tong, jig, or other accessory.)

(F) Workers must not work under objects being supported that could accidentally fall (such as loads supported by jacks, the raised body of a dump truck, etc.) until such objects are properly blocked or shored.

(G) Workers must not use defective tools or equipment. No tool or piece of equipment should be used for any purpose for which it is not suited, and none should be abused by straining beyond its safe working load.

(d) Workers must not remove, deface, or destroy any warning, danger sign, or barricade, or interfere with any other form of accident prevention device or practice provided which they are using, or which is being used by any other worker.

(e) Workers must not work underneath or over others exposed to a hazard thereby without first notifying them and seeing that proper safeguards or precautions have been taken.

(f) Workers must not work in unprotected, exposed, hazardous areas under floor openings.

(g) Long or unwieldy articles must not be carried or moved unless adequate means of guarding or guiding are provided to prevent injury.

(h) Hazardous conditions or practices observed at any time must be reported as soon as practicable to the person in charge or some other responsible representative of the employer.

(i) Workers observed working in a manner which might cause immediate injury to either themselves or other workers must be warned of the danger.

(j) Before leaving a job, workers must correct, or arrange to give warning of, any condition which might result in injury to others unfamiliar with existing conditions.

(3) Investigations of Injuries.

(a) Each employer must investigate or cause to be investigated every lost time injury that workers suffer in connection with their employment, to determine the means that should be taken to prevent recurrence. The employer must promptly install any safeguard or take any corrective measure indicated or found advisable.

(b) At the request of authorized Department representatives, it is the duty of employers, their superintendents, supervisors, and employees to furnish all pertinent evidence and names of known witnesses to an accident and to give general assistance in producing complete information which might be used in preventing a recurrence of such accident. At the request of the Department, persons having direct authority must preserve and mark for identification, materials, tools, or equipment necessary to the proper investigation of an accident.

(4) Intoxicating Liquor and Drugs. The use of intoxicating liquor on the job is strictly prohibited. Anyone whose ability to work safely is impaired by alcohol, drugs, or medication must not be allowed on the job while in that condition.

(5) Horseplay. There must be no horseplay, scuffling, practical jokes, or any other activity of a similar nature.

(6) Extraordinary Hazards. When conditions arise that cause unusual or extraordinary hazards to workers, additional means and precautions shall be taken to protect workers or to control hazardous exposure. If the operation cannot be made reasonably safe, regular work must be discontinued while such abnormal conditions exist, or until adequate safety of workers is ensured.

(7) Inspections.

(a) All places of employment must be inspected by a qualified person or persons as often as the type of operation or the character of the equipment requires. Defective equipment or unsafe conditions found by these inspections must be replaced or repaired or remedied promptly.

(b) Wherever required in this safety code, a written and dated report, signed by the person or persons making the inspection, must be kept.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12
OSHA 2-2009, f. 1-27-09, cert. ef. 2-3-09
OSHA 6-1994, f. & cert. ef. 9-30-94, Renumbered from 437-040-0020, 437-040-0025, 437-040-0030, 437-040-0035, 437-040-0040, 437-040-0050, 437-040-0055 & 437-137-0010(1) & (2)
WCD 10-1982, f. & cert. ef. 7-30-82
WCB 15-1976, f. 7-6-76, cert. ef. 8-1-76
WCD 11-1976, f. & cert. ef. 5-5-76
WCB 3-1997, f. 10-6-75, cert. ef. 11-1-75
WCB 1-1967, f. 1-12-67, cert. ef. 1-15-67

Or. Admin. R. 437-001-0765 Safety Committees and Safety Meetings.

This rule requires employers to establish and administer a safety committee, or to hold safety meetings, to communicate and evaluate safety and health issues. Purpose: The purpose of safety committees and safety meetings is to bring workers and management together in a non-adversarial, cooperative effort to promote safety and health. Safety committees and safety meetings will assist you in making continuous improvement to your safety and health programs. Scope: This rule applies to public or private employers in Oregon subject to Oregon OSHA jurisdiction, except as listed below. You do not have to comply with this rule if you are: The sole owner and only employee of a corporation. A member of a board or commission and do not participate in the day-to-day activities of the company. You are not considered an employee for purposes of this rule. Engaged in agricultural activities covered by Division 4, Subdivision C. Engaged in forest activities covered by Division 7, Subdivisions B and C. Division 2, Subdivision L OAR 437-002-0182(8) requires employers engaged in fire service activities to establish a separate fire service safety committee or opt for safety meetings if they meet the criteria in the following table. You can choose a committee or meetings.

(1) You must establish and administer an effective safety committee or hold effective safety meetings as defined by these rules: Table 1 (attached). Safety Committees

(2) If you have 20 or fewer employees you must have at least 2 members. If you have more than 20 employees you must have at least 4 members.

(3) You must have an equal number of employer-selected members and employee-elected or volunteer members. If both parties agree, the committee may have more employee-elected or volunteer members.

(4) Your safety committee members must: Have a majority agree on a chairperson. Serve a minimum of one year, when possible. Be compensated at their regular rate of pay. Have training in the principles of accident and incident investigations for use in evaluating those events. Have training in hazard identification. Be provided with meeting minutes. Represent major activities of your business.

(5) Your safety committee must meet on company time as follows: Quarterly in situations where employees do mostly office work. Monthly for all other situations (except the months when quarterly worksite inspections are performed).

(6) You must keep written records of each safety committee meeting for three years that include: Names of attendees. Meeting date. All safety and health issues discussed, including tools, equipment, work environment, and work practice hazards. Recommendations for corrective action and a reasonable date by which management agrees to respond. Person responsible for follow up on any recommended corrective actions. All reports, evaluations, and recommendations made by the committee.

(7) Your safety committee must establish procedures for conducting workplace safety and health inspections. Persons trained in hazard identification must conduct inspections as follows: Table 2 (attached).

(8) In addition to the above requirements, your safety committee must: Work with management to establish, amend, or adopt accident investigation procedures that will identify and correct hazards. Have a system that allows employees an opportunity to report hazards and safety and health related suggestions. Establish procedures for reviewing inspection reports and for making recommendations to management. Evaluate all accident and incident investigations and make recommendations for ways to prevent similar events from occurring. Make safety committee meeting minutes available for all employees to review. Evaluate management’s accountability system for safety and health, and recommend improvements. Examples include use of incentives, discipline, and evaluating success in controlling safety and health hazards.

(9) If you have multiple locations, you may choose to have a centralized safety committee. A centralized safety committee must represent the safety and health concerns of all locations and meet the requirements for safety committees. If you rely on a centralized committee, you must also have a written safety and health policy that: Represents management commitment to the committee. Requires and describes effective employee involvement. Describes how the company will hold employees and managers accountable for safety and health. Explains specific methods for identifying and correcting safety and health hazards at each location. Includes an annual written comprehensive review of the committees’ activities to determine effectiveness. Safety Meetings

(10) Safety meetings must: Include all available employees. Include at least one employer representative authorized to ensure correction of safety and health issues. Be held on company time and attendees paid at their regular rate of pay.

(11) Hold safety meetings with the following frequency if: Table 3 (attached).

(12) Safety meetings must include discussions of: Safety and health issues. Accident investigations, causes, and the suggested corrective measures.

(13) Employers in construction, utility work, and manufacturing must document, make available to all employees, and keep for three years a written record of each meeting that includes the following: Hazards related to tools, equipment, work environment, and unsafe work practices identified and discussed during the meeting. The date of the meeting. The names of those attending the meeting. All other employers do not need to keep these records if all employees attend the safety meeting.

(14) If you are a subcontractor on a multi-employer worksite, to meet the intent of (11) through (13), your employees may attend the prime contractor’s safety meetings. You may keep the minutes from these meetings as a part of your records to meet the intent of (13). If you choose this option, you must still meet to discuss accidents involving your employees.

(15) Innovation. After you apply, Oregon OSHA may grant approval for safety committees or safety meetings that differ from the rule requirements yet meet the intent of these rules.

(16) Effective Dates. The effective date for compliance with this rule is January 1, 2009. For employers with 10 or fewer employees, other than those in construction, the effective date is September 19, 2009.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 9-2008, f. 9-19-08, cert. ef. 1-1-09
OSHA 7-2006, f. & cert. ef. 9-6-06
OSHA 6-2003, f. & cert. ef. 11-26-03
OSHA 8-2001, f. & cert. ef. 7-13-01
OSHA 10-1995, f. & cert. ef. 11-29-95
OSHA 6-1994, f. & cert. ef. 9-30-94, Renumbered from 437-040-0044, 437-040-0045, 437-040-0046, 437-040-0047, 437-040-0048 & 437-040-0049
OSHA 28-1990, f. 12-18-90, cert. ef. 3-1-91
OSHA 12-1990(Temp), f. & cert. ef. 6-18-90
WCD 10-1982, f. & cert. ef. 7-30-82

Or. Admin. R. 437-001-0800 Application Procedures

(1) The Division may solicit applications for Occupational Safety and Health Grants to develop innovative, proactive occupational safety and health training, educational programs, or materials.

(2) Any labor consortium, employer consortium, educational institution that is affiliated with a labor organization, or employer group, or other nonprofit entity, may apply for an Occupational Safety and Health Grant as provided in ORS 654.189 and 654.191, and in accordance with OAR 437-001-0800 through 437-001-0810.

(3) An applicant for a grant shall submit the grant application during the period of time specified in the application procedure. An application shall be in writing on the application forms and procedures provided by the Division and shall contain at a minimum:

(a) The name, address, and telephone number of each applicant;

(b) The name address, and telephone number of the project director;

(d) An impact statement including the type and number of employees or employers targeted; the problem to be addressed, and the impact the project will have on occupational safety and health in Oregon;

(e) A description of the manner in which the grant will be used, including:

(A) Anticipated financial expenditures;

(B) A developmental plan that states goals and how they will be accomplished;

(D) Proposed in-kind services;

(E) Targeted audience; and

(F) Intended measurement of results; and

(f) Any other information included in the application forms and procedures.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 3-1989, f. & cert. ef. 12-1-89

Or. Admin. R. 437-001-0805 Application Review

(1) The Division shall review all applications and request any additional information needed to assure applications are relevant and complete.

(2) After an application is determined to be complete and in compliance with the intended goals of the program by the Division, it shall be forwarded to the Safe Employment Education and Training Advisory Committee (SEETAC) for review and possible recommendation for grant approval.

(3) In reviewing grant applications for possible recommendations for approval to the Director, the committee shall consider at least the following elements:

(a) The amount of available funds in the Occupational Safety and Health Grant account;

(b) The impact statement details;

(d) The feasibility of the developmental plan;

(e) The amount of in-kind services;

(f) The stability of other funding sources; and

(g) The administrative costs and/or responsibilities imposed on the Division in connection with the grant project.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-1989, f. & cert. ef. 12-1-89

Or. Admin. R. 437-001-0810 Grant Awards

(1) The Division shall notify applicants, in writing, of the approval or disapproval of the grant request.

(2) The applicant shall execute documents required by the Division for evidence of the type and amount of grant given, performance criteria, and reporting requirements, and any other terms and conditions agreed to in connection with the awarding of a grant.

(3) Grant recipients shall make available to the Division all records and materials necessary to monitor the grant award.

(4) If the terms and conditions under which the grant was approved are not met, the Division may, upon written notice, take one or more of the following actions:

(a) Immediately revoke approval of the use of Occupational Safety and Health Grant funds; or

(b) Require repayment of all or a portion of any funds advanced; or

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 3-1989, f. & cert. ef. 12-1-89

Or. Admin. R. 437-001-0830 Authority for Rules

The Director has adopted OAR 437-001-0830 through 437-001-0895 under authority of ORS 656.622(9) and 656.726(3).

History

Statutory/Other Authority: ORS 656.622(9) & 656.622
Statutes/Other Implemented: ORS 656.622
OSHA 7-1999, f. & cert. ef. 7-15-99

Or. Admin. R. 437-001-0835 Purpose of Rules

These rules explain what assistance is available from the Worksite Redesign Program, who is qualified and how to receive assistance. The department may solicit applications for worksite redesign grants and product grants in order to prevent the recurrence of on-the-job injuries and illnesses.

History

Statutory/Other Authority: ORS 656.622(9) & 656.622
Statutes/Other Implemented: ORS 656.622
OSHA 7-1999, f. & cert. ef. 7-15-99

Or. Admin. R. 437-001-0840 Applicability of Rules

These rules apply to all requests for Worksite Redesign Program assistance received by the department on or after the effective date of these rules. Worksite Redesign Program assistance shall only be provided in Oregon.

History

Statutory/Other Authority: ORS 656.622(9) & 656.622
Statutes/Other Implemented: ORS 656.622
OSHA 7-1999, f. & cert. ef. 7-15-99

Or. Admin. R. 437-001-0845 Definitions

(1) “Applicant” means the employer, employer group, employee group, educational association or educational institution which applies for a grant. An employer group or employee group may be created for the sole purpose of applying for and administering a worksite redesign grant.

(2) “Committee” means the Application Review Committee. Committee members are appointed by the director. The Committee recommends approval or disapproval of worksite redesign grants to the director.

(3) “Employer” means an Oregon employer within the meaning of the Workers’ Compensation Law.

(4) “Fund” means the Workers’ Benefit Fund.

(5) “Grant Agreement” means the contract between the department and the grantee following department approval of the application for a worksite redesign grant.

(6) “Grant product” means the workplace solution developed from an approved grant agreement to minimize workplace hazards.

(7) “OR-OSHA” means the OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION.

(8) “Product grant” means the amount of funding awarded an employer for the purchase of a grant product.

(9) “Worksite redesign grant” means a grant for the purpose of performing research and analysis of a workplace problem, and/or development of a solution to a workplace problem in order to prevent or reduce the incidence of on-the-job injuries and illnesses.

History

Statutory/Other Authority: ORS 656.622(9) & 656.622
Statutes/Other Implemented: ORS 656.622
OSHA 7-1999, f. & cert. ef. 7-15-99

Or. Admin. R. 437-001-0850 Administration of Rules

(1) All payments under the Worksite Redesign Program are subject to the availability of funds. The director has final authority to approve/disapprove requests for assistance and to determine how the funds will be disbursed.

(2) In addition to approving worksite redesign grants, the director may use the Fund for educational activities to provide information about and encourage application for grants for prevention or reduction of on-the-job injuries and illnesses.

(3) Pursuant to ORS 656.622, decisions by the director regarding Worksite Redesign Program assistance may not be reviewed by any court or other administrative body.

(4) The following conditions apply to all ideas, concepts, know-how, techniques, processes, methods, inventions, discoveries, developments, innovations and improvements conceived or made by a grantee, a grantee’s employees or a grantee’s contractors resulting from work under a worksite redesign grant:

(a) Public use of a new product design. All inventions and copyrightable works arising from work conducted under a worksite redesign grant will be dedicated to the public domain without any limitation on their use by the public. Neither DCBS, nor the grant recipient nor the grantee’s contractors will hold trade secrets as a result of work conducted under a worksite redesign grant.

(b) The grantee and its contractors will abandon any and all ideas, concepts, know-how, techniques, processes, methods, inventions, discoveries, developments, innovations and improvements (“inventions”) conceived or made by the grantee, the grantee’s employees, or the grantee’s contractors, whether alone or with others, resulting from work under the grant. The grantee will disclose all such inventions to the department promptly and will provide all assistance reasonably requested by the department to document the abandonment of such Inventions and/or dedication of such Inventions to the public domain. There will be no restriction on the manufacture, use or sale of such inventions by the public.

(c) Published works produced by grantee must bear an acknowledgment of support through the use of the following comparable statement: “This material has been made possible by a grant from the Oregon Department of Consumer and Business Services."

History

Statutory/Other Authority: ORS 656.622(9) & 656.622
Statutes/Other Implemented: ORS 656.622
OSHA 7-1999, f. & cert. ef. 7-15-99

Or. Admin. R. 437-001-0855 Assistance Available under the Worksite Redesign Program

Assistance from the Fund will be in the form of grants. Grants will partially fund research and analysis of workplace problems, and/or development of solutions to workplace problems, and /or purchase of grant products. If readily available solutions to the problems have been identified by the applicant or are known to DCBS, the project will not be approved. However, if during the research phase of a funded project a previously unknown solution is found, the grant agreement may be amended to permit purchase and evaluation of the new-found solution.

History

Statutory/Other Authority: ORS 656.622(9) & 656.622
Statutes/Other Implemented: ORS 656.622
OSHA 7-1999, f. & cert. ef. 7-15-99

Or. Admin. R. 437-001-0860 Eligibility for Worksite Redesign Assistance

(1) As part of the application, the applicant must have documentation of the workplace problem such as accepted compensable claims, incident reports, OSHA 200 log entries, hazard evaluations, or statistical reports of injuries and illnesses for the industry and/or occupation for which the applicant seeks an ergonomic solution.

(2) An applicant must identify an employer as the research site and/or the recipient of the prototype design or grant product. That designated employer and those employers who apply for a product grant must meet the following eligibility conditions:

(a) The employer has and maintains Oregon workers’ compensation insurance coverage as required by law;

(b) Business operations are ongoing and have continued for the three-year period prior to the date the applicant submits the application to the department;

(c) The employer demonstrates financial stability and solvency by providing for the three-year period prior to the date the applicant submits the application one of the following: a letter of evaluation by an independent certified public accounting firm; a letter of credit; tax records; audited profit and loss statements and balance sheets; or audited annual reports. For product grants of less than $10,000, the department may permit an employer to certify financial stability;

(d) The employer has no bankruptcy or receivership action and no judgments for non-payment of wages/debts within the one-year period prior to the date the department receives the application;

(e) At the time the applicant submits the application, the employer has no outstanding OR-OSHA citations at any of the employer’s locations or sites with unabated/uncorrected safety or health hazards associated with the equipment or process that is the subject of the application; and

(f) The employer provides information about the employer’s early-return-to-work program.

(3) Reasons for ending Worksite Redesign Program eligibility which apply to all applicants as defined in OAR 437-001-0845 include:

(a) Misrepresentation or omission of information by the applicant to obtain assistance;

(b) Failure of the applicant to provide requested information or to cooperate in the Worksite Redesign Program grant review process or in the development or implementation of an approved grant;

(4) Reasons for ending Worksite Redesign Program eligibility which apply to employer applicants, employers designated in the grant application as the research site and/or the recipient of the prototype design and employers who are grant product recipients include:

(a) The employer does not maintain Oregon workers’ compensation insurance coverage as required by law;

(b) The employer, after requesting Worksite Redesign Program assistance, becomes subject to bankruptcy or receivership action or incurs judgment for non-payment of wages/debts; or,

(c) The employer, after requesting Worksite Redesign Program assistance, is issued a citation by OR-OSHA resulting from a fatality investigation, accident investigation, a complaint investigation, or a referral from another agency, which is related to or associated with, the subject of the worksite redesign grant. The department will hold in abeyance any requests for Worksite Redesign Program assistance until the OR-OSHA enforcement action is resolved.

(5) An employer who enters into negotiation for sale or merger of business after requesting Worksite Redesign Program assistance must provide the department documentation of their ongoing commitment and ability to undertake and complete the activities as described in its grant application. The department will review the material provided by the employer and will determine the appropriateness and feasibility of proceeding with the grant request process.

History

Statutory/Other Authority: ORS 656.622(9) & 656.622
Statutes/Other Implemented: ORS 656.622
OSHA 7-1999, f. & cert. ef. 7-15-99

Or. Admin. R. 437-001-0865 Procedure to Use the Worksite Redesign Program

(1) An applicant must submit a complete, written application in the form and format prescribed by the director.

(2) The department may provide education and consultation to potential applicants, applicants and grantees.

History

Statutory/Other Authority: ORS 656.622(9) & 656.622
Statutes/Other Implemented: ORS 656.622
OSHA 7-1999, f. & cert. ef. 7-15-99

Or. Admin. R. 437-001-0870 Application Review

(1) Upon receipt of an application, the department may authorize consultation services provided by consultants under contract.

(2) The department will review applications and prepare staff reports for Committee review.

(3) After department review, the worksite redesign grant application and corresponding staff report will be forwarded to the Committee for review.

(4) In reviewing worksite redesign grant applications, the Committee will consider the following elements:

(a) Program eligibility criteria;

(b) Funding limitations established by the director;

(d) The quality review criteria established by the department;

(e) The staff report provided by the department;

(f) Feasibility and appropriateness to recommend approval for an employer who is negotiating sale or merger; and

(g) Appropriateness to recommend approval for a grant which may result in a reduction in the employer’s labor force.

(5) Following completion of a worksite redesign grant, the department may solicit applications for a product grant.

History

Statutory/Other Authority: ORS 656.622(9) & 656.622
Statutes/Other Implemented: ORS 656.622
OSHA 7-1999, f. & cert. ef. 7-15-99

Or. Admin. R. 437-001-0875 Grant Awards

(1) The department or its designee will notify applicants, in writing, of the approval or disapproval of the grant request.

(2) The applicant must provide reports and documentation relating to the grant and the terms and conditions agreed to in connection with the grant.

(3) Grant recipients must make available to the department all records and materials necessary to monitor a grant.

(4) Upon approval of the worksite redesign grant application, the department will authorize funding, to include disbursement intervals, in accordance with the conditions agreed upon in the approved grant agreement.

(5) Upon approval of the product grant application, the department will authorize funding for the product.

History

Statutory/Other Authority: ORS 656.622(9) & 656.622
Statutes/Other Implemented: ORS 656.622
OSHA 7-1999, f. & cert. ef. 7-15-99

Or. Admin. R. 437-001-0880 Program Evaluation

(1) The director or designee will conduct studies to evaluate the Worksite Redesign Program’s success in precluding on-the-job injuries. Findings of such studies will be presented to the Management/Labor Advisory Committee.

(2) Grantees may be required to conduct studies to evaluate the success of the worksite redesign at their establishment. The studies will be conducted in a manner agreed upon with the department.

History

Statutory/Other Authority: ORS 656.622(9) & 656.622
Statutes/Other Implemented: ORS 656.622
OSHA 7-1999, f. & cert. ef. 7-15-99

Or. Admin. R. 437-001-0885 Audits

(1) Applicants selected for funding are subject to periodic program and fiscal audits.

(2) The grantee must maintain case files, notices, records, reports, receipts and canceled checks or payment verification documenting use of any and all Worksite Redesign Program funds as well as funds the grantee commits to an approved Worksite Redesign Program grant project. These records must be maintained for a period of 6 years after the last grant disbursement.

(3) The department reserves the right to visit the worksite to determine compliance with the Worksite Redesign Program agreement.

History

Statutory/Other Authority: ORS 656.622(9) & 656.622
Statutes/Other Implemented: ORS 656.622
OSHA 7-1999, f. & cert. ef. 7-15-99

Or. Admin. R. 437-001-0890 Sanctions

If the director finds any violation of OAR 437-001-0850, 437-001-0860, 437-001-0875, 437-001-0885, or if the terms and conditions under which the agreement was approved are not met, the director may take one or more of the following actions:

(1) Immediately revoke approval of the use of the Worksite Redesign Program funds;

(2) Require repayment of all or a portion of any funds disbursed;

(3) Prohibit the employer, employer group, employee group, educational association, or educational institution from receiving additional grants for a period of up to 3 years; and

(4) Use any other legal action necessary.

History

Statutory/Other Authority: ORS 656.622(9) & 656.622
Statutes/Other Implemented: ORS 656.622
OSHA 7-1999, f. & cert. ef. 7-15-99

Or. Admin. R. 437-001-0895 Issuance/Service of Sanction Orders

(1) When a sanction is invoked as provided by OAR 437-001-0890, the Division shall serve an order on the party, with a notice of the rights provided under ORS 654.078.

(2) An order will be served upon the grantee or their registered agent by certified mail or in person.

History

Statutory/Other Authority: ORS 656.622(9) & 656.622
Statutes/Other Implemented: ORS 656.622
OSHA 7-1999, f. & cert. ef. 7-15-99

Or. Admin. R. 437-001-1005 Authority and Applicability of Rules

(1) OAR 437-001-1005 through 437-001-1065 are promulgated under the Director’s authority contained in ORS 654.097.

(2) The Director of the Department of Consumer and Business Services delegates to the Administrator of Oregon OSHA the authority to enforce these rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-1992, f. & cert. ef. 7-31-92
APD 21-1988, f. & cert. ef. 12-27-88

Or. Admin. R. 437-001-1010 Purpose and Scope

(1) Nothing in these rules is intended to impose a duty upon the insurer or to transfer from the employer to the insurer responsibility set forth in ORS 654.001 to 654.991, or to impose liability other than these rules upon the insurer for failure to identify any unsafe conditions or occupational health and safety hazard.

(2) The purpose of these rules is to promote workplace health and safety by:

(a) Establishing insurer and self-insured employer loss prevention services designed to advise employers on regulations, laws, means and methods for improving health and safety at their places of employment; and

(b) Providing for the evaluation of insurers’ and self-insured employers’ loss prevention activities by Oregon OSHA to ensure compliance with the law and these rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-1999, f. & cert. ef. 7-15-99
APD 21-1988, f. & cert. ef. 12-27-88

Or. Admin. R. 437-001-1015 Definitions

(1) Establishment: A single physical location where business is conducted or where services or industrial operations are performed. Where distinctly separate activities are performed at a single physical location, each activity shall be treated as a separate establishment.

(2) Insured employer: An employer insured with a workers’ compensation carrier.

(3) Insurer: The State Accident Insurance Fund (SAIF) Corporation or any insurance company authorized or regulated under ORS Chapter 731 to issue workers’ compensation insurance policies in Oregon.

(4) Loss prevention effort: An ongoing effort by the self-insured employer to integrate health and safety into the workplace in such a manner that occupational injuries and ill- nesses are reduced.

(5) Loss prevention plan: A plan developed by the employer with the assistance of the insurer with the primary emphasis on reduction of workplace injuries and illnesses.

(6) Loss prevention services: Services designed to advise and assist employers in the identification, evaluation, and control of existing and potential causes of accidents and occupational health and safety problems.

(7) Loss prevention services program: A program intended to promote occupational health and safety, and to help eliminate and control work hazards to employees.

(8) Self-insured employer: An employer certified under ORS 656.430 as meeting the qualifications of a self-insured employer set out by ORS 656.407.

(9) Substantial failure to comply: The failure by an insurer or self-insured employer to respond or make available timely on-site services; failure to respond or make available in a timely manner specialized consultative services or:

(a) If an insurer fails to identify and advise of in a timely manner reasonably discoverable serious or life-threatening hazards within the scope of the services requested or provided or:

(b) If a self-insured employer fails to identify and control in a timely manner reasonably discoverable serious or life-threatening hazards within the scope of the services requested or provided.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2009, f. 1-27-09, cert. ef. 2-3-09
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-1999, f. & cert. ef. 7-15-99
APD 21-1988, f. & cert. ef. 12-27-88

Or. Admin. R. 437-001-1020 General Requirements

(1) The insurer or self-insured employer shall, within 60 days after the effective date of these rules, submit to the Administrator the following information:

(a) The name of the insurer or self-insured employer;

(b) The insurer’s or self-insured employer’s Oregon business address where records are kept; and

(c) The name or title, business address, and telephone number of the representative who will act as liaison with the Division in all matters pertaining to loss prevention services.

(2) After the first 60 days these rules are in effect, each new insurer must comply with OAR 437-001-1020(1) at the time of application for the authority to issue insurance policies in Oregon.

(3) After the first 60 days these rules are in effect, each self-insured employer shall submit the information required in OAR 437-001-1020(1) at the time the employer submits its application to the Compliance Section of the Workers’ Compensation Division for self-insurance.

(4) Each insurer or self-insured employer shall notify the Division, in writing, of any change in the information in OAR 437-001-1020(1)(a) through (c) within 30 days of that change.

(5) When requested by the Division, each insurer and self-insured employer shall make available with reasonable promptness copies of loss prevention, loss control and related records.

(6) The duty of compliance with OAR 437-001-1005 through 437-001-1065 is that of the insurer or self-insured employer regardless whether the insurer or self-insured employer contracts for assistance for the required services.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2009, f. 1-27-09, cert. ef. 2-3-09
OSHA 7-1999, f. & cert. ef. 7-15-99
OSHA 8-1991, f. 4-25-91, cert. ef. 5-1-91
APD 21-1988, f. & cert. ef. 12-27-88

Or. Admin. R. 437-001-1025 Notification of Services

(1) When an insurer writes a workers’ compensation policy for an employer, and annually thereafter, the insurer shall inform the employer at the employer’s Oregon main office of the loss prevention services that are available. The information shall include at least the following:

(a) A description of all loss prevention services that the insurer is required to offer, and other loss prevention services the insurer provides;

(b) A description of the availability of and process for obtaining loss prevention services;

(d) An explanation of the employer’s responsibility to provide a safe and healthful workplace as required by the Oregon Safe Employment Act (ORS 654.001 to 654.295 and 654.991); and

(e) A statement of the employer’s right to make a complaint to Oregon OSHA if an insurer fails to respond to a request from one of its insured employers for loss prevention services or otherwise fails to provide services as offered or required.

(2) An insurer shall provide the material described in section (1) of this rule and instructions that the employer distribute this material to each of the employer’s fixed places of employment in Oregon.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-1999, f. & cert. ef. 7-15-99
APD 21-1988, f. & cert. ef. 12-27-88

Or. Admin. R. 437-001-1030 Requests for Services

(1) Any request by an insured employer regarding an imminent danger hazard shall be responded to with loss prevention services as soon as possible by the insurer.

(2) Any other requests regarding alleged hazards other than imminent danger shall be responded to with loss prevention services as soon as practicable, but not longer than 30 days following the date of the request.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 7-1999, f. & cert. ef. 7-15-99
APD 21-1988, f. & cert. ef. 12-27-88

Or. Admin. R. 437-001-1035 Loss Prevention Services

(1) Each insurer shall make occupational health and safety loss prevention services available to all its insured employers and shall provide certain other services as required by this rule.

(2) At a minimum, loss prevention services and personnel providing the services must meet the needs of the particular place of employment, special industry, or process, and shall include at least the following:

(a) Evaluation of the employer’s loss prevention needs;

(b) Assistance in evaluating records that may be pertinent to the firm’s illness and injury experience;

(c) An explanation to the employer of the Oregon Safe Employment Act and rules that apply to the particular place of employment;

(d) Provision of partial or complete on-site health and safety surveys, which identify all reasonably discoverable occupational safety and health hazards within the scope of the survey scheduled;

(e) Assistance with industrial hygiene and safety evaluations to detect physical and chemical hazards of the workplace, and implementation of engineering or administrative controls;

(f) Assistance with evaluating, obtaining, and maintaining personal protective equipment;

(g) Evaluation of work practices, workplace design, and assistance with job site modifications;

(h) Assistance in evaluating and improving an employer’s safety management practices;

(i) Assistance in identifying health and safety training needs and available resources; and

(j) An offer to provide follow-up services.

(3) Loss prevention services shall include a written report with a plan of action.

(4) If, when providing loss prevention services, a condition of imminent danger is observed (see OAR 437-001-0015), the insurer shall advise the employer of the hazard and the need to immediately correct it.

(5) All insurers shall maintain records of all loss prevention services provided at the locations designated by the insurer for Division personnel’s review and must be maintained for not less than three years following the date the service was provided.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-1999, f. & cert. ef. 7-15-99
APD 21-1988, f. & cert. ef. 12-27-88

Or. Admin. R. 437-001-1040 Required Loss Prevention Services

(1) An insurer shall offer to assist in developing a loss prevention plan with each of its employers with a claims frequency or severity greater than its average employer in the same industry. The plan shall promote self-sufficiency on the part of the employer to reduce injuries and illnesses, and shall include a means to identify and control all reasonably discoverable occupational health and safety hazards.

(2) The assistance shall include the following:

(a) Employer notification of the available services.

(b) Perform a workplace hazard survey.

(c) Review of injury records and documentation of activities designed to lead to the reduction of workplace injuries and illnesses.

(d) Assist the employer in developing a written loss prevention plan that is based upon the results of the hazard survey and review of injury records. The plan must at a minimum address the following loss prevention principles:

(A) Management commitment to health and safety;

(B) An accountability system for employer and employees;

(D) A system for hazard assessment and control;

(E) A system for investigating all recordable occupational injuries and illnesses that includes written findings and corrective action;

(F) A system for evaluating, obtaining, and maintaining personal protective equipment;

(G) Evaluation of workplace design, work practices, and assistance with job site modifications; and

(H) Employee involvement in the health and safety effort.

(e) Tailor the plan to meet the needs of the employer for reduction of injuries and illnesses while promoting self-sufficiency on the part of the employer.

(3) The insurer’s obligation to assist shall end if the employer declines the services offered by the carrier.

(4) The Division may evaluate the insurers’ targeted loss prevention services program randomly, however no more frequently than every three years.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-1999, f. & cert. ef. 7-15-99
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
OSHA 24-1990, f. & cert. ef. 10-10-90
OSHA 10-1990(Temp), f. & cert. ef. 5-31-90
APD 21-1988, f. & cert. ef. 12-27-88

Or. Admin. R. 437-001-1050 Self-Insured and Group Self-Insured Employer Loss Prevention Assistance

(1) A self-insured employer and each self-insured group shall make available to each of its workplace or group locations occupational safety and health loss prevention assistance.

(2) A self-insured employer or group shall acknowledge all requests for services which do not involve alleged hazards from any of its locations within 30 days by scheduling a date to begin providing services.

(3) Any request from locations of the self-insured employer or group regarding imminent danger an alleged hazard shall be responded to as soon as possible with loss prevention services.

(4) All other requests regarding alleged hazards other than imminent danger shall be responded to with loss prevention services as soon as practicable, but not longer than 30 days following the date of the request.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 8-1991, f. 4-25-91, cert. ef. 5-1-91
APD 21-1988, f. & cert. ef. 12-27-88

Or. Admin. R. 437-001-1055 Self-Insured and Group Self-Insured Employer Loss Prevention Programs

Each self-insured employer and each member of a group self-insured program shall establish and implement a written occupational health and safety loss prevention program for each establishment. As a minimum requirement, the program shall:

(1) Provide for a loss prevention effort within the normal functions of the business for prevention or reduction of health and safety injuries and illnesses; and

(2) Inform its managers and workplace locations of the availability and the process for requesting loss prevention assistance.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 8-1991, f. 4-25-91, cert. ef. 5-1-91
APD 21-1988, f. & cert. ef. 12-27-88

Or. Admin. R. 437-001-1060 Self-Insured and Group Self-Insured Employer Loss Prevention Effort

Each self-insured employer and each member of a group self-insured program shall implement a loss prevention effort for each of it locations, which identifies and controls all reasonably discoverable occupational safety and health hazards and items not in compliance with the federal or the division’s occupational safety and health laws, rules and standards. The self-insured group shall assist each member of the group in developing and implementing the loss prevention effort. This loss prevention effort shall include at least the following:

(1) Management commitment to health and safety;

(2) An accountability system for employer and employees;

(3) Training practices and follow-up;

(4) A system for hazard assessment and control;

(5) A system for investigating all recordable occupational injuries and illnesses that includes corrective action and written findings;

(6) A system for evaluating, obtaining, and maintaining personal protective equipment;

(7) On-site routine industrial hygiene and safety evaluations to detect physical and chemical hazards of the workplace, and the implementation of engineering or administrative controls;

(8) Evaluation of workplace design, layout and operation, and assistance with job site modifications utilizing an ergonomic approach;

(9) Employee involvement in the health and safety effort; and

(10) An annual evaluation of the employer’s loss prevention activities based on the location’s current needs.

(11) The group shall maintain records which document the assistance provided to each member of the group.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 8-1991, f. 4-25-91, cert. ef. 5-1-91
APD 21-1988, f. & cert. ef. 12-27-88

Or. Admin. R. 437-001-1065 Penalty Provisions for Insurers

(1) For insurers who fail to comply with the law and the requirements of OAR 437-001-1005 through 437-001-1065, the Administrator:

(a) Shall assess a civil penalty in accordance with ORS 654.086; and

(b) May send a notice to an insurer, in accordance with ORS 656.447, of the Administrator’s intent to request the Administrator of the Insurance Division to suspend or revoke the insurer’s certificate of authority.

(2) For self-insured employers who fail to comply with the law and the requirements of OAR 437-001-1005 through 437-001-1065, the Administrator shall assess a civil penalty in accordance with ORS 654.086.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
APD 21-1988, f. & cert. ef. 12-27-88

Division 2 GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES

Or. Admin. R. 437-002-0005 Adoption by Reference

In addition to, and not in lieu of, any other safety and health codes contained in OAR Chapter 437, the Department adopts by reference the following federal regulations printed as part of the Code of Federal Regulations, 29 CFR 1910, in the Federal Register:

(1) 29 CFR 1910.1, Purpose and scope; published 6/27/74, Federal Register, vol. 39, no. 125, p. 23503.

(2) 29 CFR 1910.2, Definitions; published 6/27/74, Federal Register, vol. 39, no. 125, p. 23503.

(3) 29 CFR 1910.3, Petitions for the issuance, amendment, or repeal of a standard; published 6/27/74, Federal Register, vol. 39, no. 125, p. 23503.

(4) 29 CFR 1910.4, Amendments to this part; published 6/27/74, Federal Register, vol. 39, no. 125, p. 23503.

(5) 29 CFR 1910.5, Applicability of standards, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746.

(6) 29 CFR 1910.6, Incorporation by reference; published 5/20/24, FR vol. 89, no. 98, pp. 44144-44461 and 1/8/26, FR vol. 91, no. 5, pp. 562-598.

(7) 29 CFR 1910.7, Definition and requirements for a Nationally Recognized Testing Laboratory, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746.

(8) 29 CFR 1910.9, Compliance duties owed to each employee; published 12/12/08, Federal Register, vol. 73, no. 240, pp. 75568-75589.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2026, amend filed 05/29/2026, effective 07/01/2026
OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024
OSHA 3-2019, amend filed 10/29/2019, effective 10/29/2019
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 4-2016, f. & cert. ef. 9-7-16
OSHA 3-2016, f. & cert. ef. 8-19-16
OSHA 7-2013, f. & cert. ef. 12-12-13
OSHA 7-2012, f. & cert. ef. 12-14-12
OSHA 5-2012, f. & cert. ef. 9-25-12
OSHA 4-2011, f. & cert. ef. 12-8-11
OSHA 2-2010, f. & cert. ef. 2-25-10
OSHA 1-2010, f. & cert. ef. 2-19-10
OSHA 5-2009, f. & cert. ef. 5-29-09
OSHA 7-2008, f. & cert. ef. 5-30-08
OSHA 4-2007, f. & cert. ef. 8-15-07
OSHA 4-2005, f. & cert. ef 12-14-05
OSHA 8-1999, f. & cert. ef. 8-6-99
OSHA 4-1997, f. & cert. ef. 4-2-97
APD 17-1988, f. & ef. 11-10-88

Or. Admin. R. 437-002-0006 General Oregon Definitions

For the purposes of administration of the Oregon Safe Employment Act, the following terms mean:

(1) “Act” means the Oregon Safe Employment Act, ORS Chapter 654.

(2) “Agency” means the Occupational Safety and Health Division, Department of Insurance and Finance.

(3) “Assistant Secretary” means the Administrator of the Occupational Safety and Health Division or designated representative.

(4) “Assistant Secretary of Labor for Occupational Safety and Health” means the Administrator of the Occupational Safety and Health Division or designated representative.

(5) “Office of the Solicitor of Labor” means Legal Counsel for the Occupational Safety and Health Division.

(6) “Occupational Safety and Health Administration” or “OSHA” means the Oregon Occupational Safety and Health Division, Department of Consumer and Business Services.

(7) “Standards” mean any occupational safety and health standard which has been adopted and promulgated by a nationally-recognized standards-producing organization, the federal government, or the State of Oregon and shall have the same meaning as, and include, the term “code(s)” and “rule(s).”

(8) “Administrative Rules” means OAR chapter 437, division 001, Rules for the Administration of the Oregon Safe Employment Act, and ORS Chapter 183.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 17-1988, f. & ef. 11-10-88

Or. Admin. R. 437-002-0007 Testing and Certification

By adopting these rules, the Department does not establish a testing and certification program separate from the federal OSHA Testing and Certification Program. The Department will accept as valid for compliance with its rules, the Testing and Certifications of Laboratories issued by federal OSHA.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 17-1988, f. & ef. 11-10-88

Or. Admin. R. 437-002-0010 Adoption by Reference

In addition to, and not in lieu of, any other safety and health codes contained in OAR chapter 437, the Department adopts by reference the following federal rules as printed in the Code of Federal Regulations, 29 CFR 1910, revised as of 7/1/98, and any subsequent amendments published in the Federal Register as listed below:

(1) 29 CFR 1910.11 Scope and Purpose, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28504.

(2) 29 CFR 1910.12 Construction work, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28504.

NOTE: 29 CFR 1910.13 Ship repairing, and 1910.14 Shipbuilding, were removed 6/30/93, Federal Register, vol. 58, no. 124, p. 35308.

(3) 29 CFR 1910.15 Shipyard Employment, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28505; amended 6/30/93, FR vol. 58, no. 124, p. 35308.

(4) 29 CFR 1910.16 Longshoring, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28505; amended 7/5/83, FR vol. 48, pg. 30908; 12/1/98, FR vol. 63, no. 230, p. 66270.

(5) 29 CFR 1910.17 Effective dates, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28505; 3/7/96, FR vol. 61, no. 46, p. 9235.

(6) 29 CFR 1910.18 Changes in established federal standards, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28505.

(7) 29 CFR 1910.19 Special provisions for air contaminants, published 6/30/78, Federal Register, vol. 43, p. 28473; amended 10/3/78, FR vol. 43, p. 45809; 11/14/78, FR vol. 43, p. 53007; 1/26/79, FR vol. 44, p. 5447; 6/19/81, FR vol. 46, p. 25796; 12/13/85, FR vol. 50, p. 51173; 6/20/86, FR vol. 51, p. 22733; 10/17/86, FR vol. 51, p. 37004; 9/11/87, FR vol. 52, p. 34562; 12/4/87, FR vol. 52, p. 46291; 8/10/92, FR vol. 57, no. 154, pp. 35666-35681; 9/14/92, FR vol. 57, no. 178, pp. 42388-42453; 8/10/94, FR vol. 59, no. 153, p. 41057; 11/4/96, FR vol. 61, no. 214, p. 56831; 1/10/97, FR vol. 62, no. 7, p. 1600.

NOTE: These standards are available at the Oregon Occupational Safety and Health Division, Oregon Department of Consumer and Business Services, and the United States Government Printing Office.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-1999, f. & cert. ef. 5-26-99
OSHA 9-1997, f. & cert. ef. 12-31-97
OSHA 6-1997, f. & cert. ef. 5-2-97
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 4-1995, f. & cert. ef. 3-29-95
OSHA 1-1993, f. & cert. ef. 1-22-93
APD 16-1988, f. & ef. 11-10-88

Or. Admin. R. 437-002-0015 Adoption by Reference

In addition to, and not in lieu of, any other safety and health codes contained in OAR chapter 437, the Department adopts by reference the following federal rules as printed in the Code of Federal Regulations, 29 CFR 1910, revised as of 7/1/96, and any subsequent amendments published in the Federal Register as listed below: 29 CFR 1910.20 Access to Employee Exposure and Medical Records has been redesignated to 29 CFR 1910.1020.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 4-1997, f. & cert. ef. 4-2-97
APD 3-1989, f. & ef. 3-1-89

Or. Admin. R. 437-002-0020 Adoption by Reference

(1) 29 CFR 1910.21 Scope and definitions, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.

(2) 29 CFR 1910.22 General Requirements, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.

(3) 29 CFR 1910.23 Ladders, published 12/17/19, Federal Register, vol. 84, no. 242, p. 68794-68797.

(4) 29 CFR 1910.24 Step bolts and manhole steps, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.

(5) 29 CFR 1910.25 Stairways, published 12/17/19, Federal Register, vol. 84, no. 242, p. 68794-68797.

(6) 29 CFR 1910.26 Dockboards, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.

(7) 29 CFR 1910.27 Scaffolds and rope descent systems, published 12/17/19, Federal Register, vol. 84, no. 242, p. 68794-68797.

(8) 29 CFR 1910.28 Duty to have fall protection and falling object protection, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.

(9) 29 CFR 1910.29 Fall protection systems and falling object protection – criteria and practices, published 12/17/19, Federal Register, vol. 84, no. 242, p. 68794-68797.

(10) 29 CFR 1910.30 Training requirements, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 2-2013, f. 2-15-13, cert. ef. 4-1-13
OSHA 10-1999, f. & cert. ef. 9-10-99
OSHA 4-1997, f. & cert. ef. 4-2-97
APD 4-1990, f. & cert. ef. 1-23-90

Or. Admin. R. 437-002-0022 Additional Oregon General Requirements

(1) Scope and application. This rule applies in addition to those in Division 2/D Walking-Working Surfaces.

(2) Barriers. The employer must ensure:

(a) Protective barriers or suitable guards are erected when covers over openings are removed or excavations made in places accessible to vehicular or pedestrian traffic. Warning lights or flares shall be displayed if work is being done at night. These protective measures shall be maintained until permanent or adequate covers or barricades are in place or the hazard removed.

(b) A watchperson is stationed where temporary conditions do not permit safeguarding of employees through the use of warning signs, lights, protective barriers, or covers.

(3) Plant Arrangement. The employer must ensure:

(a) Provisions for safety (such as adequate work and storage space for the full needs of raw, in-process, and finished materials, and for machinery, equipment and operations) are included in plant design, layout, and operation.

(b) A vertical clearance of not less than 6 1/2 feet is provided over work areas. Where it is otherwise impractical to secure adequate head room, overhead obstructions may be padded or may be indicated by means of contrasting paint, telltales, or similar means, if such means will furnish adequate protection.

(4) Aisles, Passageways, Walkways, Inclines. The employer must ensure:

(a) Aisles, passageways, and walkways are of adequate width for their intended or actual use, and in no event shall they be less than 22 inches wide.

(b) Fixed inclined walkways are not less than 22 inches wide, inclined at no greater angle than 24 degrees, and are securely fastened at the top and bottom.

(c) Moveable inclined walkways which extend to floats or floating equipment (except to vessels under Federal jurisdiction) are not less than 20 inches wide, and are secured at the upper end only with clear space provided for the lower end to adjust automatically with the heights of water.

(d) An adequate antislip surface is applied to inclined walkways whenever the gradient so warrants. Adequate cleats secured at uniform intervals not to exceed 18 inches, and extending the full width of the walkway when practical, may be used for this purpose.

(e) Inclines extending from floor to floor which are used instead of stairways have standard railings in accordance with the requirements in 1910.29(b).

(f) In addition to the surface conditions in 1910.22(a)(3), aisles, passageways, walkways, and inclines are maintained free of holes, unevenness, or any unnecessary obstructions or debris that may create a hazard.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 6-1994, f. & cert. ef. 9-30-94
OSHA 4-1990, f. & cert. ef. 1-23-90

Or. Admin. R. 437-002-0026 Portable Ladders

(1) Scope and application. This rule applies to the use of portable ladders, including job-made ladders, in addition to the rules in 1910.23 Ladders.

(2) Definitions. These definitions apply to portable ladder terms in this rule. Additional terms in 1910.21(b) apply to portable ladders within 1910.23 and this rule.

(a) Job-made ladder. A non-commercially manufactured portable ladder constructed on the worksite for temporary use.

(b) Non-self-supporting ladder. A class of portable ladders that, by design, must be placed against a structure independent of itself, such as a wall, to remain standing for use. Single ladders, extension ladders, sectional ladders, and articulating ladders set up in a straight ladder mode are examples of non-self-supporting ladders.

(c) Self-supporting ladder. A class of portable ladders that, by design, stand on their own when erected for use without assistance from external structures. Stepladders, double front ladders, platform ladders, trestle ladders, and articulating ladders set up in a stepladder mode are examples of self-supporting ladders.

(3) Ladder selection. The employer must ensure:

(a) Wood ladders comply with American National Standard ANSI/ASC A14.1-2007.

(b) Portable metal ladders comply with American National Standard ANSI/ASC A14.2-2007.

NOTE to 437-002-0026(3): Unaltered and properly maintained ladders that meet the ANSI standard in effect at the time of their manufacture comply with this standard. This includes job-made ladders designed and built according to American National Standard A14.4-1979 and portable ladders that comply with newer versions of the particular ANSI standard.

(4) Use – all portable ladders. The employer must ensure:

(a) Each self-supporting ladder or combination ladder used in a self-supporting ladder mode is equipped with a metal spreader or locking device that securely holds the front and back sections in a fully open position while the ladder is in use.

(b) Each non-self-supporting ladder is erected to the angle represented in Figure D-1 of 1910.23(c)(11) unless otherwise instructed in writing by the ladder manufacture. Figure D-1

(d) Ladders are not used as planks or bridges between walking-working surfaces or in other horizontal applications.

(e) Ladders are not used to gain additional height from elevated surfaces such as scaffolds, truck beds, vehicle bodies, tractor scoops or boom truck buckets.

(f) Ladders are not used as supports for working platforms or scaffolding planks unless approved for such purposes by the ladder manufacturer.

NOTE to 437-002-0026(4): When working on or near electric circuits or energized lines, comply with 1910.333(c) in Division 2/S.

[ED. NOTE: Figures and Tables referenced are available from the agency.]

[Publications: Publications referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 10-1999, f. & cert. ef. 9-10-99

Or. Admin. R. 437-002-0032 Ramps and Runways

(1) Scope and application. This rule applies to the safe use of ramps and runways for vehicles in addition to the rules in Division 2/D.

(2) The employer must ensure ramps and runways for vehicles:

(a) Have adequate width and evenness for safe operation of equipment.

(b) Are provided with timber guards of not less than nominal 6-inch by 6-inch material set on nominal 3-inch blocks, or the equivalent, placed parallel to and secured to the sides of the ramp or runway.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 4-1990, f. & cert. ef. 1-23-90

Or. Admin. R. 437-002-0033 Piers and Wharves

(1) Scope and application. This rule applies to piers and wharves in addition to the rules in Division 2/D.

(2) The employer must ensure piers and wharves:

(a) With open sides of piers and wharves, more than 4 feet above the ground or water level, have a shear or guard timber (bull rail) of not less than 6-inch by 6-inch wood material set on nominal 3-inch blocking, or material of equal strength and minimum height securely attached.

(b) Except for areas where vessels’ mooring lines are handled, the open sides, more than 4 feet above the ground or water level, not used for loading or unloading purposes, shall be provided with standard guardrails in accordance with 1910.29(b) in addition to shear timbers in accordance with paragraph (2)(a) of this section.

(c) Ladders or other means of access reaching from low water mark to the dock floor shall be provided for each 400 feet or portion thereof of the water side of all wharves and piers. Where portable ladders are used, a secure method of fastening them shall be provided.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 4-1990, f. & cert. ef. 1-23-90

Or. Admin. R. 437-002-0040 Adoption by Reference

In addition to and not in lieu of any other safety and health codes contained in OAR chapter 437, the Department adopts by reference the following rules as printed in the Code of Federal Regulations, 29 CFR 1910, revised as of 7/1/99, and any subsequent amendments published in the Federal Register as listed below:

(1) 29 CFR 1910.35 Definitions, REPEALED. In Oregon, OAR 437-002-0041 applies.

(2) 29 CFR 1910.36 General Requirements, REPEALED. In Oregon, OAR 437-002-0041 applies.

(3) 29 CFR 1910.37 Means of Egress — General, REPEALED. In Oregon, OAR 437-002-0041 applies.

(4) 29 CFR 1910.38 Employee Emergency Plans and Fire Prevention Plans, REPEALED. In Oregon, OAR 437-002-0042 and 437-002-0043 apply.

These rules are on file with Oregon Occupational Safety and Health Division, Department of Consumer and Business Services and the United States Government Printing Office.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 8-2000, f. & cert. ef. 10-10-00
OSHA 4-1997, f. & cert. ef. 4-2-97
APD 4-1990, f. & cert. ef. 1-23-90

Or. Admin. R. 437-002-0041 Exits and Exit Routes

(1) Application: This subpart does not apply to mobile workplaces, like vehicles or vessels.

(2) Definitions:

(a) Exit. The part of the exit route, that is a way out of the workplace (like a door, stairwell or vestibule).

(b) Exit Route. A continuous, unobstructed path from anywhere in a work area to the exit.

(3) General:

(a) There must be permanent, unobstructed exit routes to get out of work areas safely during emergencies.

(b) There must be two or more exit routes depending on the size and layout of the work area and the number of people involved. A single exit route is acceptable only if all workers can get out through it safely dupring an emergency. Locate multiple exit routes apart from each other.

(4) Design:

(a) An exit must have enough openings to permit access to, or exit from, occupied areas. An interior opening into an exit must have a self-closing fire door that remains closed. Each fire door, its frame, and its hardware must be listed or approved by a nationally recognized testing laboratory.

Note to paragraph(a): 29 CFR 1910.155(c)(3)(iv)(A) defines "listed," 29 CFR 1910.7 defines a "nationally recognized testing laboratory," and 29 CFR 1910.155 (c)(3) defines "approved."

(b) Walls or partitions that separate an exit from other areas must have at least a 1-hour fire resistance rating if the exit connects three stories or less. Materials that separate an exit must have at least a 2-hour fire resistance rating if the exit connects four stories or more.

(c) Exits must open from the inside without keys, tools or special knowledge. Devices that lock only from the outside are acceptable. There must be nothing on an exit door that could hinder its use during an emergency.

NOTE: You may lock or block an exit door from the inside in a mental, penal, or correctional institution, if supervisory personnel are continuously on duty and a plan exists to remove occupants during an emergency.

(d) An exit must lead directly outside or to a street, walkway, refuge area, or to an open space with access to the outside.

(e) Exit stairs that continue beyond the floor of exit discharge must have doors, partitions, or other effective means at the floor of exit discharge to assure that the direction of exit travel is clear to employees.

(f) Use only a side-hinged exit door to connect any room to an exit route. The door must swing out if the room can hold more than 50 persons or has highly flammable or explosive materials in it.

(g) Each exit route must be able to handle the maximum-permitted occupant load for each floor served by it. The capacity of a path to the exit must not decrease as people move toward the exit.

(h) The exit route must be at least 6 feet, 8 inches high at all points.

(i) An exit route must be at least 28 inches wide at all points between handrails and wider if needed to handle the occupant load.

(j) Objects that project into the exit route must not reduce the minimum height and width of the exit route.

(k) Repair or replace damaged or altered fire retardant coatings to keep their original retardant effectiveness.

(5) Access:

(a) There must be unobstructed access to exit routes.

(b) Exit routes must not pass through or into lockable rooms or dead ends.

(6) Outside and refuge areas:

(a) The street, walkway, refuge area, or open space to which an exit leads must be large enough to accommodate all building occupants likely to use that exit.

(b) A refuge area must be:

(A) A space along an exit route protected from the effects of fire either by separation from other spaces within the building or by its location; or

(B) A floor with at least two spaces separated by smoke-resistant partitions, in a building where each floor is protected by an automatic sprinkler system. Automatic sprinkler systems must comply with 29 CFR 1910.159.

(7) Outside Exit Routes:

(a) Outdoor exit routes must meet the requirements for indoor exit routes and these additional requirements:

(A) The exit route must have guardrails to protect unenclosed sides elevated above a lower surface;

(B) There must be a cover if accumulation of snow or ice is likely;

(D) The exit route must have no dead ends longer than 20 feet.

(8) Condition of Exit Routes and Exits:

(a) Exit routes must minimize danger to employees during emergencies.

(b) Exit routes must be free of highly flammable furnishings and decorations.

(c) An exit route must not require employees to travel toward materials that burn very quickly, emit poisonous fumes, or are explosive, unless those materials are effectively shielded from the exit route.

(d) Exit routes must have adequate lighting.

(e) Each exit must be clearly visible and must have a distinctive sign reading "Exit." Install additional directional signs to exits where necessary.

(f) Exit doors must have no signs or decorations that obscure their visibility.

(g) The line-of-sight to an exit sign must be clear.

(h) If workers could mistake a "non-exit" for an exit, mark the non-exit, "Not an Exit" or mark it to indicate its real use.

(i) There must be enough reliable light on or from exit signs to allow them to be effective during emergencies.

(j) All safeguards to protect employees during an emergency (e.g., sprinkler systems, alarm systems, fire doors, exit lighting) must work properly.

(9) Exits During Construction and Repair:

(a) Employees must not occupy an area under construction until an adequate number of exit routes that comply with these rules are available.

(b) Employees must not occupy an area during repair or alteration unless all exits and existing fire protection remain as effective as before the work. Alternate fire protection must provide an equivalent level of safety.

(c) Flammable or explosive materials used during construction or repair must not expose employees to hazards not otherwise present or impede emergency escape.

(10) Alarm System. There must be an operable employee alarm system with a distinctive signal to warn employees of fire or other emergencies, unless employees can see or smell a fire or other hazard so that it would provide adequate warning to them. The employee alarm system must comply with the requirements of 29 CFR 1910.165.

(11) Special Circumstances — Counterweights and Cold Storage Facilities.

(a) There must be an enclosure or guard around counterweights that are near enough to passageways or work areas to cause a hazard. The guard or enclosure need only be sufficient to protect workers from contact with the counterweight when it moves.

(b) The doors on walk-in refrigerators, coolers and freezers must have latches or closer devices that open from the inside without a key or special knowledge or effort.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 12-2001, f. & cert. ef. 10-26-01
OSHA 8-2000, f. & cert. ef. 10-10-00

Or. Admin. R. 437-002-0042 Emergency Action Plan

(1) Development of An Emergency Action Plan.

(a) When another Oregon OSHA standard requires an employer to develop an emergency action plan, the plan must comply with this section and cover each part of the workplace.

(b) The plan must be in writing, in the work area and available to employees on request, except that an employer with 10 or fewer employees in a workplace may use a verbal plan.

(2) Minimum Elements of An Emergency Action Plan. An emergency action plan must include:

(a) Procedures for emergency evacuation, including type of evacuation and exit route assignments;

(b) Procedures to account for all employees after evacuation;

(d) Procedures to follow for emergency operation or shut down of critical equipment before evacuation;

(e) Procedures to follow for rescue and medical duties; and

(f) Names or job titles of employees to contact for more information about the duties of employees under the plan.

(3) Employee Alarm System. There must be a properly working employee alarm system. The alarm system must use a distinctive signal for each purpose and comply with 29 CFR 1910.165.

(4) Training. An employer must designate employees to assist in the safe emergency evacuation of other employees. These designated employees must receive training in emergency evacuation procedures.

(5) Employee Review. An employer must review the emergency action plan with each employee covered by it:

(a) When the plan is new or the employee is new to the job;

(b) When the employee's responsibilities under the plan change; and

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 12-2001, f. & cert. ef. 10-26-01
OSHA 8-2000, f. & cert. ef. 10-10-00

Or. Admin. R. 437-002-0043 Fire Prevention Plan

(1) Development of A Fire Prevention Plan.

(a) When another Oregon OSHA standard requires an employer to develop a fire prevention plan, the plan must comply with this section and cover each part of the workplace.

(b) The plan must be in writing, in the work area and available to employees on request; except that an employer with 10 or fewer employees in a workplace may use a verbal plan.

(2) Minimum Elements of A Fire Prevention Plan. A fire prevention plan must include:

(a) A list of all major fire hazards, including proper handling and storage procedures for hazardous materials, potential ignition sources and their control, and the type of fire protection equipment necessary to control each major hazard;

(b) Procedures to control accumulations of flammable and combustible waste materials;

(c) Procedures for regular maintenance of safeguards on heat producing equipment to prevent accidental ignition of combustible materials;

(d) Names or job titles of employees responsible for maintaining equipment to prevent or control sources of ignition or fires; and,

(e) Names or job titles of those responsible for control of fuel source hazards.

(3) Employee Information. The employer must:

(a) Inform employees of the fire hazards in their work area; and

(b) Review with each employee, when first assigned to a job, those parts of the fire prevention plan necessary for self-protection.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 12-2001, f. & cert. ef. 10-26-01
OSHA 8-2000, f. & cert. ef. 10-10-00

Or. Admin. R. 437-002-0047 Working Near Overhead High Voltage Lines and Equipment

(1) Definitions.

(a) Insulating Barrier or Guard. A structure, installation, barrier, or guard (such as a wall, fence, pole, shield, or something similar) that stops movement and prevents all possible contact with the lines or equipment. Its design, material composition, and installation prevents possible conduction of electricity up to the maximum voltage of the system.

(b) Restricted Space.

(A) For lines rated more than 600 V to 50 kV, restricted space extends 10 feet in all directions from the surface of the line or equipment.

(B) For lines rated over 50 kV, restricted space extends 10 feet plus 0.4 inch for each 1 kV over 50 kV, or twice the length of the insulator (but never less than 10 feet) in all directions from the surface of the line or equipment.

(C) For equipment or structures in transit, on level surfaces, restricted space extends 4 feet in all directions from lines or equipment rated 50 kV or less, 10 feet in all directions for lines or equipment rated over 50 kV, and 16 feet in all directions for lines or equipment rated over 345 kV up to and including 750 kV.

(c) Proper Notification. The person(s) responsible for the (planned) activity must notify the owner/operator of the line or equipment, at their business office, at least 2 business days prior to the anticipated beginning of work (business days are Monday through Friday, excluding federal and state holidays). The notification must include: (1) the proposed date to start activity within restricted space; (2) the location of the planned activity; (3) a description of the planned activity; and (4) name and contact information of the contact person.

(2) General requirement. Do not enter, perform any function or activity (such as handling, erecting, operating, transporting, or storing any tools, equipment or materials, moving a building or structure) within the restricted space surrounding an overhead high voltage line or equipment unless:

(a) Proper notification is provided; and

(A) The line and/or equipment is de-energized and visibly grounded by the owner of the high voltage system or their authorized agent; or

(B) Accidental contact is effectively prevented by use of insulating barriers or guards. Barriers or guards must:

(i) Be erected or installed by the owner of the high voltage system or their authorized agent;

(ii) Not be attached to, or be part of the lines, equipment, or machinery;

NOTE: Overhead line covers are only for visual reference, and their use does not allow entry into restricted space. If used, they must be installed by the owner of the high voltage system or their authorized agent.

(iii) Prevent all possible contact with the lines or equipment; and

(iv) Insulate against the system’s maximum voltage; or

(b) You are the owner, an authorized employee, or authorized (in writing) agent of the overhead high voltage system: or

(c) Insulated lines (not tree wire) and equipment (designed and engineered to allow only incidental contact) are erected or installed by the owner of the high voltage system or their authorized agent.

NOTE: Nothing in this standard shifts the responsibility for safe and healthy working conditions from the person(s) responsible for the activity to the owner of the lines or their agent.

NOTE: Nothing in this standard mandates that the owner of the lines or equipment, or their authorized agent must agree to de-energize, move, barricade, guard, or insulate lines or equipment, or take other action to allow entry into restricted space.

(3) Do not move, reposition, or reduce restricted space in any direction by applying stress or force to a line, equipment, or supporting structure.

(4) Operation of machinery or equipment.

(a) Do not enter restricted space when using insulating links or proximity warning devices on equipment.

(b) Post a warning sign on each piece of equipment which is capable of vertical, lateral, or swinging motion, such as a crane, derrick, power shovel, drilling rig, or pile driver.

(A) The sign must be made of durable material.

(B) It must be in clear view of the operator.

(D) The message must be understood by the operator.

(E) The message must clearly convey that it is “Unlawful to operate the piece of equipment within 10 feet of high voltage lines”.

(c) Use an observer to provide audible warning (able to be clearly heard over surrounding noise) when it becomes difficult for an operator to identify restricted space by using visual means. The observer’s only task is to watch the clearance and warn the operator if it appears that restricted space will be breached.

(d) Restrict, barricade, or otherwise make it impossible for a machine or piece of equipment to reach into restricted space if it is reasonable to anticipate that the operator’s attention may be focused on the work process rather than the location of an overhead high voltage line or equipment (such as during excavating, or other fast-paced, repetitive work).

(5) Railway and commuter systems.

(a) Standard rail equipment used to transport freight and/or passengers, and relief trains or other equipment used in emergencies, may enter restricted space surrounding high voltage lines or equipment.

(b) Qualified employees, authorized and supervised by a person familiar with the hazards of the railway high voltage system, may perform normal repair or construction work within restricted space prior to compliance with the clearance and safeguard requirements in sections (1) through (4).

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001 - 654.295.
OSHA 4-2007, f. & cert. ef. 8-15-07

Or. Admin. R. 437-002-0060 Adoption by Reference

(1) 29 CFR 1910.66 Powered Platforms for Building Maintenance, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.

(2) 29 CFR 1910.67 Vehicle-Mounted Elevating and Rotating Work Platforms, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.

(3) 29 CFR 1910.68 Manlifts, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.

These standards are on file with the Oregon Occupational Safety and Health Division, Department of Consumer and Business Services, and the United States Government Printing Office.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 1-2015, f. & cert. ef. 1-5-15
OSHA 7-2008, f. & cert. ef. 5-30-08
OSHA 4-2007, f. & cert. ef. 8-15-07
OSHA 4-1997, f. & cert. ef. 4-2-97
APD 4-1990, f. & cert. ef. 1-23-90

Or. Admin. R. 437-002-0080 Adoption by Reference

(1) 29 CFR 1910.94 Ventilation, published 9/9/09, FR vol. 74, no. 173, pp. 46350-46361; amended with OR-OSHA Admin. Order 1-2012, f. and ef. 4/10/12.

(2) 29 CFR 1910.95 Occupational Noise Exposure, published 12/12/08. FR vol. 73, no. 240, pp. 75568-75589.

NOTE: 29 CFR 1910.96 Ionizing radiation, has been redesignated to 29 CFR 1910.1096.

(3) 29 CFR 1910.97 Nonionizing radiation, published 6/13/13, FR vol. 78, no. 114, p. 35559.

(4) 29 CFR 1910.98 Effective dates, published 6/27/74, Federal Register, vol. 39, p. 23502.

(5) 29 CFR 1910.99 Sources of standards, published 3/7/96, FR vol. 61, no. 46, p. 9236.

(6) 29 CFR 1910.100 Standards organization, published 3/7/96, FR vol. 61, no. 46, p. 9236.

These standards are on file with the Occupational Safety and Health Division, Oregon Department of Consumer and Business Services, and the United States Government Printing Office.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 7-2013, f. & cert. ef. 12-12-13
OSHA 1-2012, f. & cert .ef. 4-10-12
OSHA 2-2010, f. & cert. ef. 2-25-10
OSHA 5-2009, f. & cert. ef. 5-29-09
OSHA 7-2008, f. & cert. ef. 5-30-08
OSHA 4-2006, f. & cert. ef. 7-24-06
OSHA 3-2003, f. & cert. ef. 4-21-03
OSHA 8-1999, f. & cert. ef. 8-6-99
OSHA 3-1998, f. & cert. ef. 7-7-98
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 4-1993, f. 4-1-93, cert. ef. 5-1-93
OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92

Or. Admin. R. 437-002-0081 Oregon Ventilation Regulations

In addition to, and not in lieu of 29 CFR 1910.94, the following rules pertaining to ventilation apply in Oregon:

(1) Definitions:

(a) “Administrative Control” means the reduction of employee exposure to physical or chemical agents by control of the time of exposure to some period less than eight hours in length;

(b) “Harmful” or “Hazardous” as applied to the health effects of dusts, fumes, vapors, mists, gases, or any environmental condition, means any mechanical, infectious, toxic, or other action which is likely to produce medically determined injury or disease of exposed workers;

(c) “Health Hazard Control Measure” means the equipment or working arrangements designed to prevent the exposure of employees to harmful or hazardous situations. Such control measures may include, but are not limited to:

(A) Ventilation systems;

(B) Energy absorption system;

(D) Air contaminant monitoring; and

(E) Human biological monitoring.

(d) “Local Exhaust System” means a system of hoods, booths, or enclosures designed to remove contaminants at points of generation or release into the atmosphere connected by means of piping to airflow or suction producing equipment;

(e) “Occupational Health Hazard” means those materials, processes, and atmospheric contaminants or energy concentrations which during normal or abnormal working conditions are likely to result in injury or illness to the unprotected employee;

(f) “Ventilation, Dilution” means ventilation provided to dilute the concentration of atmospheric contaminants in the atmosphere in all or part of the place of employment;

(g) “Ventilation, General” means the provision of fresh air at the place of employment;

(h) “Ventilation, Local Exhaust” means that the type of ventilation in which suction is applied at the point of generation or release of atmospheric contaminants;

(i) “Ventilation, Natural” means ventilation designed to depend wholly upon relative air density, and includes the use of openable doors, windows, and other building apertures.

(2) Recirculation. No air from any local exhaust system shall be recirculated, unless:

(a) The inert dust contained therein has a Permissible Exposure Limit (PEL) equal to or greater than ten milligrams per cubic meter as listed in Tables Z-1, Z-2, or Z-3 in OAR chapter 437, division 2, subdivision Z, 1910, OAR 437-002-0382, Oregon Rules for Air Contaminants. The inert dust concentration in such recirculated air shall not exceed five milligrams per cubic meter; or

(b) The contaminant contained therein has a Permissible Exposure Limit (PEL) equal to or greater than 100 parts per million as listed in Tables Z-1, Z-2, or Z-3 or OAR chapter 437, division 2, subdivision Z, OAR 437-002-0382, Oregon Rules for Air Contaminants. The contaminant concentration in such recirculated air shall not exceed 25 percent of its PEL; or

(c) The concentrations of contaminants in recirculated air do not exceed 25 percent of unity as calculated by the formula given in Division 2, Subdivision Z, OAR 437-002-0382(4)(b), Oregon Rules for Air Contaminants.

(3) Make-Up Air. Outside air equal in amount to the air removed by local exhaust systems shall be provided to replace air removed by an exhaust ventilation system.

(4) Air Contamination from Exhaust System. The discharge from any exhaust system shall be such that no air contamination therefrom will enter any window, door, or other opening of any work area in quantities sufficient to create a harmful or hazardous work atmosphere.

(5) Use of Salamanders and Fuel-Burning Heating Devices. Salamanders and other fuel-burning heating devices shall not be used in enclosed or inadequately ventilated spaces in which workers are employed unless such heating device is provided with a proper pipe, chimney, or enclosure to carry hazardous gases to the outside atmosphere.

(6) Local Exhaust Ventilation. The capacity of a local exhaust system shall be calculated on the basis of all hoods, booths, and enclosures connected to the system being open, except where the system is so interlocked that only a portion of it can be operated at a given time, in which case the capacity shall be calculated on the basis that all the hoods in the group requiring the greatest volume rate of exhaust are open.

(7) Exhausting More Than One Substance. Two or more operations involving more than one substance shall not be connected to the same exhaust system when a combination of the substances removed may constitute a fire hazard, or otherwise dangerous mixture.

(8) Exhausting Materials with Flammable Properties. Those processes or operations which require local exhaust ventilation and generate materials with flammable properties shall be protected from sources of ignition.

(9) Removal of Collected Materials. Collected materials shall be removed when necessary so as to maintain effective operation of the local exhaust system at all times.

(10) Disposal of Collected Materials. Collected materials shall be disposed of in a manner which will not result in a hazard.

(11) Requirements for Reduction of Air Contaminant Concentrations. A local exhaust system shall be in operation until all contaminants are reduced to concentrations at or below the Threshold Limit Values when any person is at risk.

NOTE: 1910.94(a)(6) was NOT adopted by OR-OSHA. In Oregon, OAR 437-002-0081(12) (which references a more current ANSI standard) applies.)

(12) Air supply and air compressors. The air for abrasive-blasting respirators shall be free of harmful quantities of dusts, mists, or noxious gases, and shall meet the requirements for air purity set forth in ANSI Z9.2-1979, Fundamentals Governing the Design and Operation of Local Exhaust Systems. The air from the regular compressed air line of the plant may be used for the abrasive-blasting respirator if:

(a) A trap and carbon filter are installed and regularly maintained to remove oil, water, scale, and odor;

(b) A pressure reducing diaphragm or valve is installed to reduce the pressure down to requirements of the particular type of abrasive-blasting respirator; and

NOTE: Oregon did not adopt 1910.94(a)(6), which references an outdated ANSI standard. Instead, the following Oregon-initiated rule applies. This rule is identical, except that the current ANSI standard is referenced.

(13) Blasting Nozzles. In addition to and not in lieu of the provisions of 1910.94(a)(7), blasting nozzles shall be equipped with a deadman switch or other effective means to prevent hose and nozzle from whipping. A support shall be provided on which the nozzle may be mounted when not in use.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92

Or. Admin. R. 437-002-0095 Audiometric Testing in Oregon

Audiometric tests shall be performed by a licensed or certified audiologist, otolaryngologist, or other physician, or by a technician who is certified by the Council of Accreditation in Occupational Hearing Conservation. A technician who performs audiometric tests must be responsible to an audiologist, otolaryngologist or physician.

NOTES:

-1- Technicians currently certified by OR-OSHA may continue to use their Oregon certificates until they expire, or until July 1, 1996, whichever occurs first.

-2- In Oregon, free on-site assistance may be obtained from the Consultative Section, Oregon Occupational Safety and Health Division (OR-OSHA), Department of Consumer and Business Services, 350 Winter St NE, Salem, OR 97310. Telephone (503) 378-3272.

NOTE: 1910.95(g)(3) was NOT adopted by OR-OSHA because in Oregon, only CAOH- certified technicians, audiologists, otolaryngologist or physicians may perform audiometric examinations. In Oregon, OAR 437-002-0095 applies:

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 4-1993, f. 4-1-93, cert. ef. 5-1-93

Or. Admin. R. 437-002-0098 Additional Applicability

In addition to, and not in lieu of 1910.1096, the rules and regulations specified in ORS 453.605 to 453.745, Control of Radiation, administered by the Department of Human Resources, Oregon Health Division, shall apply to all employees working with or near ionizing radiation sources.

NOTE: §1910.1096, Ionizing Radiation, is enforced in Oregon by the Department of Human Resources, Health Division, under an Interagency Agreement with the Department of Consumer and Business Services, OR-OSHA Division. Oregon-initiated Rule 437-002-0098 also applies and is enforced by the Health Division. Copies are available from OR-OSHA and the Health Division.

NOTES:

-1- The following Oregon-initiated rule, OAR 437-002-0098, relates to 29 CFR 1910.96, Ionizing Radiation.

-2- The provisions of OAR 437-002-0080(3) and 437-002-0098 will be enforced by the Department of Human Resources, Health Division, under an Interagency Agreement with the Department of Insurance and Finance, Occupational Safety and Health Division (OR-OSHA). Copies are available from OR-OSHA and the Health Division.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 6-1994, f. & cert. ef. 9-30-94
OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92

Or. Admin. R. 437-002-0100 Adoption by Reference

(1) 29 CFR 1910.101 Compressed gases (General requirements). Repealed. Oregon OSHA Admin. Order 6-2014, f. 10/28/14, ef. 5/1/15. In Oregon, OAR 437-002-2101 applies.

(2) 29 CFR 1910.102 Acetylene. Repealed. Oregon OSHA Admin. Order 1-2010, f. 2/19/10, ef. 2/19/10. In Oregon, OAR 437-002-2102 applies.

(3) 29 CFR 1910.103 Hydrogen, published 12/14/07, FR vol. 72, no. 240, p. 71061.

(4) 29 CFR 1910.104 Oxygen, published 3/7/96, FR vol. 61, no. 46, p. 9237.

(5) 29 CFR 1910.105 Nitrous oxide, published 3/7/96, FR vol. 61, no. 46, p. 9237.

(6) 29 CFR 1910.106 Flammable and combustible liquids, published 3/26/12, FR vol. 77, no. 58, p. 17574.

(7) 29 CFR 1910.107 Spray finishing using flammable and combustible materials, amended with AO 3-2003, removed 1910.107, and Oregon note added, f. and ef. 4/21/03.

(8) 29 CFR 1910.108 Reserved. Published 3/23/99, Federal Register, vol. 64, no. 55, p. 13909.

(9) 29 CFR 1910.109 Explosives and blasting agents, published 6/18/98, FR vol. 63, no. 117, p. 33466.

(10) 29 CFR 1910.110 Storage and handling of liquefied petroleum gases, published 12/14/07, FR vol. 72, no. 240, p. 71061.

(11) 29 CFR 1910.111 Storage and handling of anhydrous ammonia, published amended with AO 12-2001, Oregon note added, f. and ef. 10/26/01; 12/14/07, FR vol. 72, no. 240, p. 71061.

(12) Reserved for 29 CFR 1910.112 (Reserved)

(13) Reserved for 29 CFR 1910.113 (Reserved)

(14) 29 CFR 1910.114 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9238.

(15) 29 CFR 1910.115 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9238.

(16) 29 CFR 1910.116 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9238.

(17) 29 CFR 1910.119 Process safety management of highly hazardous chemicals, amended 5/14/19, FR vol. 84, no. 93, p. 21416.

(18) 29 CFR 1910.120 Hazardous waste operations and emergency response, amended 5/14/19, FR vol. 84, no. 93, p. 21416.

(19) 29 CFR 1910.121 Reserved. Published 3/23/99, Federal Register, vol. 64, no. 55, p. 13909.

(20) 29 CFR 1910.122 Table of contents. Repealed with OR-OSHA Admin. Order 9-2007, f. and ef. 12/3/07.

(21) 29 CFR 1910.123 Dipping and coating operations: Coverage and definitions. Repealed with OR-OSHA Admin. Order 9-2007, f. and ef. 12/3/07.

(22) 29 CFR 1910.124 General requirements for dipping and coating operations. Repealed with OR-OSHA Admin. Order 9-2007, f. and ef. 12/3/07.

(23) 29 CFR 1910.125 Additional requirements for dipping and coating operations that use flammable or combustible liquids. Repealed with OR-OSHA Admin. Order 9-2007, f. and ef. 12/3/07.

(24) 29 CFR 1910.126 Additional requirements for special dipping and coating applications. Repealed with OR-OSHA Admin. Order 9-2007, f. and ef. 12/3/07.

These standards are on file with the Oregon Occupational Safety and Health Division, Oregon Department of Consumer and Business Services, and the United States Government Printing Office.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2019, amend filed 10/29/2019, effective 10/29/2019
OSHA 6-2014, f. 10-28-14, cert. ef. 5-1-15
OSHA 4-2013, f. & cert. ef. 7-19-13
OSHA 6-2012, f. 9-28-12, cert. ef. 4-1-13
OSHA 5-2012, f. & cert. ef. 9-25-12
OSHA 1-2010, f. & cert. ef. 2-19-10
OSHA 7-2008, f. & cert. ef. 5-30-08
OSHA 9-2007, f. & cert. ef. 12-3-07
OSHA 4-2006, f. & cert. ef. 7-24-06
OSHA 4-2005, f. & cert. ef 12-14-05
OSHA 4-2004, f. & cert. ef. 9-15-04
OSHA 3-2003, f. & cert. ef. 4-21-03
OSHA 4-2002, f. & cert. ef. 5-30-02
OSHA 12-2001, f. & cert. ef. 10-26-01
OSHA 8-1999, f. & cert. ef. 8-6-99
OSHA 2-1999, f. & cert. ef. 4-30-99
OSHA 3-1998, f. & cert. ef. 7-7-98
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 3-1995, f. & cert. ef. 2-22-95
OSHA 6-1994, f. & cert. ef. 9-30-94
OSHA 3-1993, f. & cert. ef. 2-23-93
OSHA 3-1992, f. & cert. ef. 2-6-92
OSHA 22-1990, f. 9-28-90, cert. ef. 10-1-90
APD 12-1989, f. & ef. 7-14-89
APD 19-1988, f. & ef. 11-17-88

Or. Admin. R. 437-002-0101 Oregon Start-Up Dates

29 CFR 1910.120, Hazardous Waste Operations and Emergency Response — Final Rules, is effective on July 14, 1990.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 12-1989, f. & ef. 7-14-89
APD 19-1988, f. & ef. 11-17-88

Or. Admin. R. 437-002-0107 Spray Finishing

(1) Scope. This section applies to finishing materials when applied as a spray by any means in a continuous or intermittent process. This section also covers the application of powders by powder spray guns, electrostatic powder spray guns, fluidized beds, or electrostatic fluidized beds. This section also applies to any sprayed material that produces combustible deposits or residue. This section does not apply to outdoor spray application of buildings, tanks, or other similar structures, nor to small portable spraying apparatus not used repeatedly in the same location.

(2) Definitions:

(a) Aerated solid powders – Any powdered material used as a coating material fluidized within a container by passing air uniformly from below. It is common practice to fluidize such materials to form a fluidized powder bed and then dip the part to be coated into the bed in a manner similar to that used in liquid dipping. Such beds are also used as sources for powder spray operations.

(b) Approved – Approved and listed by a nationally recognized testing laboratory. Refer to §1910.7 for definition of nationally recognized testing laboratory.

(c) Electrostatic fluidized bed – A chamber holding powder coating material that is aerated from below to form an air-supported, expanded cloud of the powder. The powder is electrically charged with a charge opposite to that of the object or material being coated.

(d) Fluidized bed – A chamber holding powder coating material that is aerated from below to form an air-supported, expanded cloud of the powder. The object or material being coated is preheated, then immersed into the cloud.

(e) Infrequent and of short duration – Spray finishing that is:

(A) Less than 9 square feet surface area per job, and

(B) Uses less than 1-gallon of material in 1-day, and

(C) Intermittent spraying where enough time elapses between spraying episodes to dilute the concentration of vapors essentially to zero before spraying is resumed.

(f) Listed – See “approved.”

(g) Noncombustible materials – Materials that have a fire resistance rating of at least 1-hour.

(h) Overspray – Any sprayed material that is not deposited on the intended object.

(i) Spray area – Any area in which potentially dangerous quantities of flammable vapors or mists, or combustible residues, dusts, or deposits are present due to the operation of spraying processes.

(j) Spray booth – A power-ventilated structure provided to enclose or accommodate a spraying operation to confine and limit the escape of spray, vapor, and residue, and to safely conduct or direct them to an exhaust system.

(k) Spray room – A room designed to accommodate a spraying operation. For the purposes of this rule, the term “spray booth” includes spray rooms except where specifically noted.

(3) Rules for All Spray Finishing Operations.

(a) Conduct spray finishing in a spray booth provided with local exhaust ventilation except:

(A) When spraying is infrequent and of short duration; or

(B) When spraying is a single “air brush;” or

(C) The object to be sprayed is of such weight or proportion as to render it impracticable to move it into a spray booth; or

(D) When only liquids with a flashpoint above 199.4 degrees F (93 degrees C) are used. This exception only applies when the liquid is not heated for use to within 30 degrees F (16.7 degrees C) of the flashpoint; or

(E) When spray painting is conducted out-of-doors. For the purposes of this rule, out-of-doors means an area away from the main building and completely open at all times on at least two sides.

(b) Spray finishing outside of a booth, as permitted by OAR 437-002-0107(3)(a)(A), (C), and (D) above, must be done only in a spray area that meets the following requirements:

(A) All light switches, fans, receptacles, overhead lights and all other sources of ignition within 20 horizontal feet and 10 vertical feet of the overspray area must be inoperative or consist of Class I, Group D, explosion-proof types as specified in the National Electrical Code, NFPA 33-2000 and ANSI C2-2002.

(B) All building construction including floors, walls, ceilings, beams, etc., within 20 hori- zontal feet and 10 vertical feet of the overspray area must consist of or be protected by noncombustible materials.

(C) Protect all areas within 20 feet of the overspray area with automatic sprinklers. Where automatic sprinklers are not available, use other automatic extinguishing equipment. Alternatives may be used only when authorized in writing by the local fire authority.

(D) Aisles leading to exits from the spray finishing area must remain clear at all times.

(E) Provide the spray finishing area with at least six air changes per hour of airflow.

(F) Follow the requirements of paragraphs (3)(c) through (3)(e).

(d) Employees engaged in spray finishing operations must be provided with and wear respiratory protection unless exhaust ventilation is provided and reduces employee exposure to any material in the finish or its solvent to below the limits established in OAR 437-002-0382, Oregon Rules for Air Contaminants. Follow all of the requirements of OAR 437-002-1910.134, Respiratory Protection.

(e) Combustible Materials.

(A) Do not store combustible material or allow combustible material to accumulate in the spraying and overspray area unless specifically authorized in writing by the local fire authority.

(B) Give the spraying and overspray area daily housekeeping and maintenance while in use and keep it free of any accumulations between uses. Use only nonsparking tools for cleaning purposes.

(C) Combustible materials, such as paper, may be used to cover floors and walls in the spray and overspray area, but must be removed at the end of each workshift. The employer may use longer intervals only when the local fire authority has provided written approval to do so.

(f) Spray booths.

(A) Construction:

(i) Construct spray booths of substantially supported steel, concrete, or masonry.

(ii) When the booth is only used for intermittent or low volume spraying, other substantial noncombustible material may be used.

(iii) Design spray booths to sweep air currents toward the exhaust outlet.

(iv) Construct spray booths with materials that have a fire resistance rating of at least 1 hour. All adjacent construction must have a fire resistance rating of at least 1-hour or as otherwise required by the Oregon Building Codes Division.

(B) The interior surfaces of spray booths must be smooth and continuous without edges, designed to prevent residue pocketing, and designed to ease cleaning and washing.

(C) When the floor surface of a spray booth and operators’ working area is combustible, it must be covered with a noncombustible material designed to prevent pocketing of residues and ease cleaning and washing.

(D) A spray booth should be equipped with:

(i) A water washing system designed to minimize dusts or residues entering exhaust ducts and to permit the recovery of overspray finishing material; or

(ii) Distribution or baffle plates to promote an even flow of air through the booth or cause the deposit of overspray before it enters the exhaust duct; or

(iii) Overspray dry filters to minimize dusts or residues entering exhaust ducts.

(E) Where dry powders are sprayed, arrange the powder collection systems in the exhaust to capture oversprayed material.

(F) When distribution or baffle plates are used, they must be of noncombustible material and readily removable or accessible on both sides for cleaning. Such plates will not be located in exhaust ducts.

(G) When using conventional dry type spray booths with overspray dry filters or filter rolls:

(i) Inspect filter rolls to ensure proper replacement of filter media.

(ii) Immediately remove all discarded filter pads and filter rolls to a safe area away from the spray finishing operation. Alternatively, place them in a water-filled metal container and dispose of them at the close of the day’s operation unless they remain completely submerged.

(iii) Do not use filters or filter rolls when spraying a material known to be highly susceptible to spontaneous heating and ignition.

(iv) Clean filters or filter rolls must be noncombustible or authorized by the local fire authority.

(v) Do not use filters and filter rolls alternately for different types of coating materials, where the combination of materials may be conducive to spontaneous ignition.

(H) Spray booths with an open frontal area larger than 9 square feet must have a metal deflector or curtain at least 4 1/2 inches deep installed at the upper outer edge of the booth over the opening.

(I) Where conveyors are used to carry work into or out of spray booths, the openings must be as small as practical.

(J) Separate each spray booth from all other nonspray finishing operations by at least 3 feet, a wall, or a partition. This requirement does not apply to spray rooms.

(K) All portions of the spray booth must be readily accessible for cleaning.

(L) The exterior of the spray booth must have a clear space of at least 3 feet on all sides. Do not store any materials within this clear space. All construction within 3 feet of all sides of the spray booth must be noncombustible. This requirement does not apply to spray rooms.

(i) Exception: This requirement does not prohibit locating a spray booth closer than 3 feet to an exterior wall or roof assembly, provided that the wall or roof is constructed of a noncombustible material and the booth can be cleaned and maintained.

(M) When spraying areas are illuminated through glass panels or other transparent materials, use only fixed lighting units as a source of illumination.

(i) Seal panels to effectively isolate the spraying area from the area in which the lighting unit is located.

(ii) Use only noncombustible material constructed or protected so that breakage will be unlikely. Arrange panels so that normal accumulations of residue on the exposed surface of the panel will not be raised to a dangerous temperature by radiation or conduction from the source of illumination.

(N) Protect all spaces within the spray booth with automatic sprinklers acceptable to the local fire authority.

(i) Sprinkler heads must provide water distribution throughout the entire booth.

(ii) When filters are used, automatic sprinklers must be on both the downstream and upstream sides of the filters.

(iii) Keep sprinkler heads as free of overspray deposits as possible. Clean them daily if necessary. When sprinkler heads are covered to protect them from overspray, the material and method used must be authorized by the local fire authority.

(iv) When automatic sprinklers are infeasible or not practical, other means of fire protection must be provided and authorized in writing by the local fire authority.

(g) Electrical and other sources of ignition.

(A) Do not allow open flame or spark producing equipment within 20 feet of the spray area, unless separated by a partition.

(B) Do not place space-heating appliances, steampipes, or hot surfaces in a spraying area where deposits of combustible residues may readily accumulate.

(C) Ensure all electrical wiring and equipment conforms to the provisions of this paragraph and OAR 437, division 2, subdivision S.

(D) Do not put any electrical equipment in the spray or overspray area unless it is specifically approved for those locations. All wiring must be in rigid conduit or in boxes or fittings that do not contain taps, splices, or terminal connections.

(E) Electrical wiring and equipment not subject to deposits of combustible residues but located in a spraying area must be explosion-proof, approved for Class I, Group D locations, and conform to the provisions of OAR 437, division 2, subdivision S, for Class I, division 1, Hazardous Locations. Electrical wiring, motors, and other equipment outside of but within 20 feet of any spraying area, and not separated by partitions, must not produce sparks under normal operating conditions and must conform to the provisions of OAR 437, division 2, subdivision S for Class I, division 2, Hazardous Locations.

(F) Electric lamps outside of any spraying area but within 20 feet, and not separated by a partition, will be totally enclosed to prevent the falling of hot particles and will be protected from physical damage by appropriate guards or by location.

(G) Do not use portable electric lamps in any spraying area during spraying operations. If portable electric lamps are used during cleaning or repairing operations, use only the type approved for hazardous Class I locations.

(H) Electrically ground all metal parts of spray booths and exhaust ducts. Electrically ground piping systems that convey flammable or combustible liquids or aerated solids.

(h) Ventilation.

(A) Provide all spraying areas with mechanical ventilation adequate to remove flammable vapors, mists, or powders to a safe location and confine and control combustible residues so that life is not endangered. Keep mechanical ventilation in operation at all times while spraying operations are being conducted and for a sufficient time afterwards to exhaust vapors from drying material and residue.

(B) Interlock the spraying equipment with the ventilation system so that spraying operations cannot be conducted unless the ventilation system is operating.

(C) Air velocity throughout the spray booth must be sufficient to keep airborne contaminants below 25 percent of their lower explosive limit (LEL).

(i) Open-faced booths must maintain at least an average of 100 feet per minute (fpm) of airflow across the open face of the booth.

(ii) Enclosed booths must maintain at least an average of 100 fpm of airflow of cross-sectional area at the operators’ position.

(iii) Any deviation from the above must be authorized in writing by the local fire authority.

(iv) Install a visible gauge, audible alarm, or pressure activated device on each spray booth to indicate or ensure that the required air velocity is maintained.

(D) Provide each spray booth with an independent exhaust duct system that discharges to the exterior of the building. A common exhaust system may be used for multiple spray booths only when identical materials are sprayed and the combined frontal area of those booths is no more than 18 square feet.

(E) When more than one fan serves one booth, interconnect all fans so that one fan cannot operate without all fans being operated.

(F) The fan-rotating element must be nonferrous or nonsparking or the casing must consist of or be lined with such material.

(i) Maintain ample clearance between the fan-rotating element and the fan casing to avoid a fire by friction. Prevent contact between moving parts and the duct or fan housing by making allowance for ordinary expansion and loading.

(ii) Mount fan blades on a shaft sufficiently heavy to maintain perfect alignment even when the blades of the fan are heavily loaded.

(iii) All bearings must be of the self-lubricating type, or lubricated from the outside duct.

(G) Place electric motors driving exhaust fans outside booths or ducts. See also paragraph (3)(g) of this section.

(H) When belts and pulleys are inside the duct or booth, they must be thoroughly enclosed.

(I) Construct exhaust ducts of substantially supported steel. Exhaust ducts without dampers are preferred; however, if dampers are installed, they must be fully opened when the ventilating system is in operation.

(i) Protect exhaust ducts against mechanical damage and maintain a clearance of at least 18 inches from unprotected combustible construction or other combustible material.

(ii) If combustible construction is provided with the following protection applied to all surfaces within 18 inches of the exhaust duct, clearances may be reduced to the distances indicated:

(I) 28-gage sheet metal on 1/4-inch insulating millboard 12 inches.

(II) 28-gage sheet metal on 1/8-inch insulating millboard spaced out 1 inch on noncombustible spacers 9 inches.

(III) 22-gage sheet metal on 1-inch rockwool batts reinforced with wire mesh or the equivalent 3 inches.

(J)The terminal discharge point must be at least 6 feet from any combustible exterior wall or roof. The discharge point must not discharge in the direction of any combustible construction or unprotected opening in any noncombustible exterior wall within 30 feet.

(K) Keep air exhaust from spray operations away from makeup air or other ventilation intakes. Do not recirculate air exhausted from spray operations.

(L) Supply clean fresh air, free of contamination from adjacent industrial exhaust systems, chimneys, stacks, or vents, to a spray booth in quantities equal to the volume of air exhausted through the spray booth.

(M) Provide exhaust ducts with an ample number of access doors when necessary to facilitate cleaning.

(N) Provide air intake openings to rooms containing spray finishing operations adequate for the efficient operation of exhaust fans and placed to minimize the creation of dead air pockets.

(O) Dry freshly sprayed articles only in spaces provided with adequate ventilation to prevent the formation of explosive vapors. Drying spaces without adequate ventilation will be considered a spraying area. See also paragraph (6) of this section.

(4) Rules for Spray Finishing with Flammable Liquids.

(a) These rules apply to spray finishing with flammable liquids with a flashpoint below 199.4 degrees F (93 degrees C). These rules only apply to liquids with a flashpoint above 199.4 degrees F (93 degrees C) when they are heated for use to within 30 degrees F (16.7 degrees C) of their flashpoint.

(b) Flammable liquids — storage and handling.

(A) Store flammable in compliance with the requirements of OAR 437-002-1910.106.

(B) Keep only the minimum quantity of flammable liquids required for operations in the vicinity of spraying operations and do not exceed a supply for one day or one shift. Bulk storage of portable containers of flammable liquids must be in a separate, constructed building detached from other important buildings or cut off in a standard manner.

(C) Use only the original closed containers, approved portable tanks, approved safety cans, or a properly arranged system of piping for bringing flammable liquids into the spray area. Do not use open or glass containers.

(D) Use approved pumps to withdraw flammable liquids from containers with a capacity of 61 gallons or more except as provided in paragraph (4)(b)(F) of this section.

(E) Withdraw and fill containers with flammable liquids only in a suitable mixing room or in a spraying area when the ventilating system is in operation. Take adequate precautions to protect against spilling liquids and sources of ignition.

(F) Containers must conform to the following requirements:

(i) Use only closed containers to supply spray nozzles. Use metal covers to close containers that are not closed.

(ii) Use metal supports or wire cables to support containers that are not resting on floors.

(iii) When spray nozzles are supplied by gravity flow, do not use containers that exceed 10 gallons capacity.

(iv) Do not use air pressure in the original shipping containers to supply spray nozzles.

(G) Containers under air pressure supplying spray nozzles must also conform to the following requirements

(i) Use only limited capacity containers that only hold enough material for one day’s operation.

(ii) Use only containers that are designed and approved for such use.

(iii) Provide containers with a visible pressure gauge.

(iv) Containers must be provided with a relief valve set to operate in conformance with the requirements of the Oregon Building Codes Division OAR 918-225, “Boilers and Pressure Vessels.”

(H) Pipes and hoses.

(i) All containers or piping with an attached hose or flexible connection must have a shutoff valve at the connection. Keep such valves shut when not spraying.

(ii) When a pump is used to deliver the liquid used in a spray application process, use only piping, tubing, hoses, and accessories that are designed to withstand the maximum working pressure of the pump. Alternatively, provide automatic means to limit the discharge pressure of the pump to a level within the design working pressure of the piping, tubing, hoses, and accessories.

(iii) Inspect all pressure hose and couplings at regular intervals appropriate to this service. Test the hose and couplings with the hose extended using the “inservice maximum operating pressures.” Repair or discard any hose showing material deteriorations, signs of leakage, or weakness in its’ carcass or at the couplings.

(iv) Piping systems conveying flammable liquids must be of steel or other material having comparable properties of resistance to heat and physical damage. Properly bond and ground piping systems.

(I) Use approved and listed electrically powered spray liquid heaters. Do not put heaters in spray booths or any other location subject to the accumulation of deposits or combustible residue.

(J) If flammable liquids are supplied to spray nozzles by positive displacement pumps, use an approved relief valve on the pump discharge line that discharges to a pump suction or a safe detached location, or use a device provided to stop the prime mover if the discharge pressure exceeds the safe operating pressure of the system.

(K) Whenever flammable liquids are transferred from one container to another, effectively bond and ground both containers to prevent discharge sparks of static electricity.

(d) Operations and maintenance.

(A) Immediately remove and dispose residue scrapings and debris contaminated with residue from the premises. Deposit all rags or waste impregnated with finishing material in tightly-closing metal waste cans immediately after use. Properly dispose of the contents of waste cans at least once daily or at the end of each shift.

(B) Do not leave clothing worn during spray finishing on the premises overnight unless kept in metal lockers.

(C) Only use solvents for cleaning operations with flashpoints at or above the flashpoints of material normally used. Cleaning operations must be done inside a spray booth with the ventilation system on, or an area authorized in writing by the local fire authority.

(D) Do not alternately use spray booths for different types of coating materials when the materials are incompatible with each other, unless all deposits of the first used material are removed from the booth and exhaust ducts prior to spraying with the second material.

(e) Mixing.

(A) Mix materials only in a mixing room, a spray area that meets the requirements of (3)(b), or in a spray booth. When a spray area or spray booth is used for mixing, the ventilation system must be on.

(B) Construct mixing rooms of substantially supported steel, concrete, or masonry. Use only noncombustible materials to construct mixing rooms.

(D) Provide at least 150 cubic feet per minute (CFM) of airflow in each mixing room. When the flooring of the mixing room is greater than 150 square feet, provide at least 1 CFM per square foot of flooring. The ventilation system for each mixing room must be on and operational at all times.

(E) Follow all of the provisions of paragraph (3)(g).

(F) Protect all spaces within the mixing room with automatic sprinklers acceptable to the local fire authority. Where automatic sprinklers are not available, use other automatic extinguishing equipment. Alternatives may be used only when authorized in writing by the local fire authority.

(5) Rules for Electrostatic Spray Finishing.

(a) Fixed electrostatic apparatus.

(A) Use only approved electrostatic apparatus and devices in connection with coating operations.

(B) Transformers, power packs, control apparatus, and all other electrical portions of the equipment, with the exception of high-voltage grids, electrodes, and electrostatic atomizing heads and their connections, must be located outside of the spraying area, or must otherwise conform to the requirements of paragraph (3) of this section.

(C) Adequately support electrodes and electrostatic atomizing heads in permanent locations and effectively insulate them from the ground. Electrodes and electrostatic atomizing heads which are permanently attached to their bases, supports, or reciprocators are considered to comply with this section. Use only nonporous and noncombustible insulators.

(D) Properly insulate and protect high-voltage leads to electrodes from mechanical injury or exposure to destructive chemicals. Effectively and permanently support electrostatic atomizing heads on suitable insulators and effectively guard against accidental contact or grounding. Provide an automatic means for grounding the electrode system when it is electrically de-energized for any reason. Keep all insulators clean and dry.

(E) Maintain a safe distance between goods being painted and electrodes or electrostatic atomizing heads or conductors of at least twice the sparking distance. Conspicuously post a sign indicating this safe distance near the assembly.

(F) Support goods being painted using this process on conveyors. Arrange the conveyors to maintain safe distances between the goods and the electrodes or electrostatic atomizing heads at all times. Any irregularly shaped or other goods subject to possible swinging or movement must be rigidly supported to prevent swinging or movement which would reduce the clearance to less than that specified in paragraph (5)(a)(E) of this section.

(G) Equip electrostatic apparatus with automatic controls that immediately disconnect the power supply to the high voltage transformer and signals the operator when:

(i) Any failure occurs in the ventilation equipment.

(ii) The conveyor carrying goods through the high voltage field stops.

(iii) Occurrence of a ground or of an imminent ground at any point on the high voltage system.

(iv) The safe distance required by (5)(a)(E) is not maintained.

(H) Place adequate booths, fencing, railings, or guards around the equipment to assure, either by their location or character or both, that a safe isolation of the process is maintained from plant storage or personnel. Construct such railings, fencing, and guards of conducting material that is adequately grounded.

(b) Electrostatic hand spraying equipment.

(A) This paragraph applies to any equipment that uses electrostatically charged elements for the atomization and/or, precipitation of materials for coatings on articles, or for other similar purposes in which the atomizing device is hand held and manipulated during the spraying operation.

(B) Use only approved electrostatic hand spray apparatus and devices in connection with coating operations. The high voltage circuits must be designed so it does not produce a spark of sufficient intensity to ignite any vapor-air mixtures or result in appreciable shock hazard upon coming in contact with a grounded object under all normal operating conditions. The electrostatically charged exposed elements of the handgun must be capable of being energized only by a switch which also controls the coating material supply.

(C) Locate transformers, powerpacks, control apparatus, and all other electrical portions of the equipment outside of the spraying area. This requirement does not apply to the handgun itself and its connections to the power supply.

(D) Electrically connect the handle of the spraying gun to ground by a metallic connection. Ensure that the operator in normal operating position is in intimate electrical contact with the grounded handle.

(E) Adequately ground all electrically conductive objects in the spraying area. This requirement applies to paint containers, wash cans, and any other objects or devices in the area. Prominently and permanently install a warning on the equipment regarding the necessity for this grounding feature.

(F) Maintain metallic contact between objects being painted or coated and the conveyor or other grounded support. Regularly clean hooks to ensure this contact.

(G) Areas of contact must be sharp points or knife edges where possible.

(H) Conceal points of support of the object from random spray where feasible.

(I) When objects being sprayed are supported from a conveyor, the point of attachment to the conveyor must not collect spray material during normal operation.

(J) Interlock the electrical equipment with the ventilation of the spraying area so that the equipment cannot be operated unless the ventilation fans are on.

(6) Drying, Curing, or Fusion Apparatus.

(a) Drying, curing, or fusion equipment.

(A) Equipment manufactured or modified on or before June 1, 2003, must comply with the provisions of the Standard for ovens and furnaces, NFPA No. 86A-1969 where applicable.

(B) Equipment manufactured or modified after June 1, 2003, must comply with the provisions of the Standard for Ovens and Furnaces, NFPA No. 86-1999 where applicable.

(b) Do not use a spray area for drying when such drying can increase the surface temperature of the spray area.

(c) Except as specifically provided in paragraph (6)(e) of this section, do not install an open flame heating system for drying, curing, or fusion in a spray area.

(d) Drying, curing, or fusion units may be installed adjacent to spray areas only when equipped with an interlocked ventilating system arranged to:

(A) Thoroughly ventilate the drying space before the heating system can be started;

(B) Maintain a safe atmosphere at any source of ignition;

(e) Automobile refinishing spray booths or enclosures, otherwise installed and meeting the requirements of this section, may alternately be used for drying with portable electrical infrared drying apparatus that meets the following:

(A) Keep the interior (especially floors) of spray enclosures free of overspray deposits.

(B) Keep the apparatus out of the spray and overspray area while spray finishing is in progress.

(C) Equip the spraying apparatus, the drying apparatus, and the ventilating system of the spray enclosure with suitable interlocks arranged so:

(i) The spraying apparatus cannot be operated while the drying apparatus is inside the spray enclosure.

(ii) The spray enclosure is purged of spray vapors for at least 3 minutes before the drying apparatus is energized.

(iii) The ventilating system maintains a safe atmosphere within the enclosure during the drying process, and the drying apparatus will automatically shut off in the event of failure of the ventilating system.

(D) All electrical wiring and equipment of the drying apparatus must meet the applicable sections of OAR 437, Division 2, Subdivision S. Only equipment of a type approved for Class I, Division 2 hazardous locations will be located within 18 inches of floor level. All metallic parts of the drying apparatus will be properly electrically bonded and grounded.

(E) Place a warning sign on the drying apparatus indicating that ventilation must be maintained during the drying period and that spraying must not be conducted in the vicinity where spray will deposit on apparatus.

(7) Powder Coating.

(a) Ventilation.

(A) Ensure that exhaust ventilation is sufficient to maintain the atmosphere below the lowest explosive limits for the materials being applied. Ensure that all nondeposited air-suspended powders are safely removed via exhaust ducts to the powder recovery cyclone or receptacle.

(B) Do not release powders to the outside atmosphere.

(b) Operation and maintenance.

(A) Keep all areas free of the accumulation of powder coating dusts, particularly horizontal surfaces as ledges, beams, pipes, hoods, booths, and floors.

(B) Clean surfaces in a manner to avoid scattering dust to other places or creating dust clouds.

(C) Conspicuously post “No Smoking” signs in large letters on contrasting color background at all powder coating areas and powder storage rooms.

(A) Use only approved electrostatic fluidized beds and associated equipment.

(B) Ensure that the maximum surface temperature of this equipment in the coating area does not exceed 150 degrees F.

(C) Use only high voltage circuits that will not produce a spark of sufficient intensity to ignite any powder-air mixtures.

(D) Use circuits designed to eliminate shock hazards upon coming in contact with a grounded object under normal operating conditions.

(E) Locate transformers, powerpacks, control apparatus, and all other electrical portions of the equipment outside of the powder coasting area, with the exception of the charging electrodes and their connections to the power supply.

(F) Adequately ground all electrically conductive objects within the charging influence of the electrodes. The powder coating equipment must carry a prominent, permanently installed warning regarding the necessity for grounding these objects.

(G) Objects being coated will be maintained in contact with the conveyor or other support in order to ensure proper grounding. Regularly clean hangers to ensure effective contact and areas of contact will be sharp points or knife edges where possible.

(H) Interlock the electrical equipment with the ventilation system so the equipment cannot be operated unless the ventilation fans are in operation.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2012, f. & cert. ef. 9-25-12
OSHA 3-2003, f. & cert. ef. 4-21-03
OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92

Or. Admin. R. 437-002-0109 Explosives and Blasting Agents

(1) Blasting and Use of Explosives:

(a) Smoking, firearms, matches, open flame lamps, fires and flame or spark producing devices shall be prohibited in any explosive magazine or within a radius of 100 feet thereof, and with 100 feet of where explosives are being handled, transported, or used;

(b) All blasts shall be fired electronically with an electric blasting machine or properly designed electric power sources, except as provided in sections of this rule;

(c) All explosives shall be accounted for at all times. Explosives not being used shall be kept in a locked magazine, unavailable to persons not authorized to handle them. The employer shall maintain an inventory and use records of all explosives. Appropriate authorities shall be notified of any loss, theft, or unauthorized entry into a magazine;

(d) The preparation of primers shall be done in a safe place, well away from fire, possible sparks, magazines or powder boxes. Where practical to do so, primers should be prepared at the point of use and immediately placed in the bore hole.

(2) Recordkeeping and Loading:

(a) The blaster shall keep an accurate, up-to-date records of explosives, blasting agents, and blasting supplies used in a blast and shall keep an accurate running inventory of all explosives and blasting agents stored on the operations;

(b) No explosives or blasting agents shall be left unattended at the blast site. No loaded holes shall be left unattended or unprotected. All loaded holes shall be fired before leaving the blast site.

(3) Electric Firing. Flashlight batteries shall not be used when firing a circuit of electric blasting caps. The electric current delivered to the charge shall meet the manufacturer’s recommended level.

(4) Locks. Each door shall be equipped with two mortise locks; with two padlocks fastened in separate hasps and staples; with a combination or mortise lock and padlock; with a mortise lock that requires two keys to open; or a three-point lock. Locks shall be five-tumbler proof. All padlocks shall be protected with 1/4-inch steel caps constructed so as to prevent sawing or lever action on the locks or hasps.

(5) Cap Boxes. Storage facilities for blasting caps in quantities of 100 or less shall have sides, bottoms, and covers constructed of No. 12-gauge metal and lined with a nonsparking material. Hinges and hasps shall be attached thereto by welding. A single five-tumbler proof lock shall be sufficient for locking purposes.

NOTES:

-1- Use the American Table of Distances for Storage of Explosive Materials to determine safe distances from inhabited dwellings, highways, passenger railways, and between explosive materials magazines.

-2- Use the appendix, Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents, to determine non-propagating distances to ammonium nitrate fuel oil (ANFO) blasting agents and to ammonium nitrate.

-3- Use the greater of the distances shown in the American Table of Distances and in the Table of Recommended Separation Distances to determine the required separation between a magazine for storage of explosives and a magazine for storage of blasting agents.

(6)(a) Table of Distances. The provisions contained in Table 21 are in lieu of the provisions contained in 29 CFR 1910.109, Table H-21, American Table of Distances for Storage of Explosives. Related Notes are printed following the table for clarity in using Table OR-H-21;

(b) Table of Recommended Separation Distances. The provisions contained in Table 22 are in lieu of the provisions contained in 29 CFR 1910.109, Table H-22, Table of Recommended Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents. Related notes are printed following the table for clarity in using Table OR-H-22.

[Publications: Publications referenced are available from the agency.]

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92

Or. Admin. R. 437-002-0118 Oregon Rules for Reinforced Plastics Manufacturing

(1) Applicability. If a specific type of equipment, process or practice is not limited to the reinforced plastics industry, the provisions contained in other Divisions of OAR 437, Oregon Occupational Safety and Health Code, shall apply.

(2) Scope.

(a) These rules shall apply to reinforced plastics manufacturing operations, in their shop buildings (not field work) involving the use of polyester, vinylester, and other similar products in which styrene monomer is a reactive monomer for the resin. This division applies to chopper gun, gel coating, hand laminating and casting operations utilizing resin and organic peroxide catalyst.

(b) This division does not apply to:

(A) Application of flammable organic materials such as acetone, methyl ethyl ketone (MEK), either alone or mixed as flammable paints or diluents;

(B) Operations, involving polyurethane finishes or foams utilizing isocyanate catalysts;

(D) Cleaning of chopper guns, lines, and associated equipment in which acetone, MEK, or other flammable organic solvents are sprayed into the open air as part of the cleaning process.

(3) Definitions. The following definitions shall apply to OAR 437-002-0118:

(a) Chopper Gun — A device that feeds fiber glass rovings through a chopper and ejects them into a stream of resin and organic peroxide catalyst onto a mold surface. The resin and organic peroxide catalyst are combined and ejected from the chopper gun by either one of two systems:

(A) One nozzle ejects resin while another nozzle ejects organic peroxide catalyst towards the mold surface; or

(B) The resin and organic peroxide catalyst are fed into a single chopper gun mixing chamber ahead of the nozzle.

NOTE: By either method, the resin mixture precoats the strands of glass and the merged product is directed onto a mold surface by the operator.

(b) Flammable liquid means any liquid having a flashpoint at or below 199.4 degrees F (93 degrees C). Flammable liquids are divided into four categories as follows:

(A) Category 1 shall include liquids having flashpoints below 73.4 degrees F (23 degrees C) and having a boiling point at or below 95 degrees F (35 degrees C).

(B) Category 2 shall include liquids having flashpoints below 73.4 degrees F (23 degrees C) and having a boiling point above 95 degrees F (35 degrees C).

(C) Category 3 shall include liquids having flashpoints at or above 73.4 degrees F (23 degrees C) and at or below 140 degrees F (60 degrees C). When a Category 3 liquid with a flashpoint at or above 100 degrees F (37.8 degrees C) is heated for use to within 30 degrees F (16.7 degrees C) of its flashpoint, it shall be handled in accordance with the requirements for a Category 3 liquid with a flashpoint below 100 degrees F (37.8 degrees C).

(D) Category 4 shall include liquids having flashpoints above 140 degrees F (60 degrees C) and at or below 199.4 degrees F (93 degrees C). When a Category 4 flammable liquid is heated for use to within 30 degrees F (16.7 degrees C) of its flashpoint, it shall be handled in accordance with the requirements for a Category 3 liquid with a flashpoint at or above 100 degrees F (37.8 degrees C).

(c) Flashpoint – The minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable mixture shall be determined as follows:

(A) For a liquid which has a viscosity of less than 45 SUS at 100 degrees F (37.8 degrees C), does not contain suspended solids, and does not have a tendency to form a surface film while under test, the procedure specified in the Standard Method of Test for Flashpoint by Tag Closed Tester (ASTM D-56-70), which is incorporated by reference as specified in 1910.6, or an equivalent test method as defined in Appendix B to OAR 437-002-1910.1200 – Physical Hazard Criteria, shall be used.

(B) For a liquid which has a viscosity of 45 SUS or more at 100 degrees F (37.8 degrees C), or contains suspended solids, or has a tendency to form a surface film while under test, the Standard Method of Test for Flashpoint by Pensky-Martens Closed Tester (ASTM D-93-71) or an equivalent method as defined by Appendix B to OAR 437-002-1910.1200 – Physical Hazard Criteria, shall be used except that the methods specified in Note 1 to section 1.1 of ASTM D-93-71 may be used for the respective materials specified in the Note. The preceding ASTM standard is incorporated by reference as specified in OAR 437-002-1910.6.

(C) For a liquid that is a mixture of compounds that have different volatilites and flashpoints, its flashpoint shall be determined by using the procdures in subsection (3)(c)(A) or (3)(c)(B) of this definition on the liquid in the form it is shipped.

(D) Organic peroxide catalysts are excluded from any of the flashpoint determination methods specified in this section.

(d) Gelcoating – A chopper gun pressure pot or similar device is used to apply the resin and organic peroxide catalyst mixture to a mold surface without glass fibers;

(e)Hand Laminating – Resin is mixed with organic peroxide catalyst and applied by hand with a brush, squeegee, or roller with fiber glass reinforcements.

(f) Hazard – A substance, process, practice or condition which could result in an injury or illness to an employee.

(g) Resin – A mixture of true esters dissolved in a polymerizable monomer (styrene).

(h) Threshold-Limit Value – Short Term Exposure Limit (TLV-STEL) – The maximum concentration to which workers can be exposed for a period of up to 15 minutes continuously without suffering from (a) irritation, (b) chronic or irreversible tissue change, or (c) narcosis of sufficient degree to increase accident proneness, impair self-rescue, or materially reduce work efficiency, provided that no more than four excursions per day are permitted, with at least 60 minutes between exposure periods, and provided that the daily TLV-TWA also is not exceeded. The STEL should be considered a maximum allowable concentration, or ceiling, not to be exceeded at any time during the 15-minute excursion period.

GENERAL REQUIREMENTS

(4) Permissible Exposure Limits.

(a) An employee’s exposure to any material listed in Table 1, in any 8-hour workshift of a 40-hour work week, shall not exceed the 8-hour time-weighted average limit for that material in the table.

(b) An employee’s exposure to a material listed in Table 1 shall not exceed, at any time during an 8-hour shift, the TLV-STEL level given for the material in the table, except for a time period, and up to a concentration not exceeding the maximum duration and concentration allowed in the column under “Acceptable Maximum Peak.”

(c) Employee exposure to other airborne contaminants shall be in accordance with OAR 437, Division 2, Subdivision Z, 1910.1000, Air Contaminants, and other applicable regulations.

NOTE: In the Oregon Rules for Reinforced Plastics Manufacturing, Table 1, Permissible Exposure Limits, in OAR 437-002-0118(4), has been revised to reflect the current limits in OAR 437-002-0382, Oregon Rules for Air Contaminants, which were adopted on 11/15/93 in lieu of 1910.1000, Air Contaminants. Table.

(5) Methods of Compliance.

(a) To achieve compliance with OAR 437-002-0118(4), Permissible Exposure Limits, administrative or engineering controls must first be determined and implemented whenever feasible.

(b) When such controls are not feasible to achieve full compliance, protective measures as prescribed in OAR 437, Division 2/I, Personal Protective Equipment, shall be used to keep the exposure of employees to airborne contaminants within the limits prescribed in OAR 437-002-0118.

(6) Employee Information and Training. A training program shall be established and all affected employees shall be trained regarding the safe handling of materials used in the industry which shall include instruction in storage, handling large and small quantities, cleanup and disposal of spills, first aid for spills, equipment training, potential health and safety hazards, personal hygiene, personal protective measures, and the labeling system.

(7) Personal Protective Equipment.

(a) Safety glasses shall be worn at all times by personnel working in the manufacturing area of reinforced plastics plants.

(b) Face shields and safety glasses shall be worn when opening and filling pressurized catalyst injection equipment.

(c) An eyewash fountain shall be provided no more than 25 feet or 15 seconds of actual travel from a work area where MEK peroxide is being mixed or transferred.

(A) The criteria of 25 feet shall apply if the employee is working alone.

(B) The criteria of 15 seconds shall apply if other employees are close enough under normal working conditions to provide assistance and a formal training program which includes emergency first aid procedures for eye protection has been implemented.

(d) Clothing saturated or impregnated with flammable liquids, corrosive or toxic substances, irritants, or oxidizing agents, that present a health hazard to employees shall be removed and disposed of, or properly cleaned before reuse; however, clothing coated with cured resin may be worn.

(8) Warning Signs and Labels.

(a) Label chemical containers in accordance with OAR 437-002-1910.1200, Hazard Communication.

(b) Where extreme occupational health hazards are known to exist in the workplace, the employer shall provide warning signs or other equally effective means of calling attention to such hazards at the location where the hazards exist.

(9) Housekeeping.

(a) Housekeeping shall be sufficient to keep accumulations of combustible residues to a minimum as practical.

(b) All combustible and flammable residues shall be placed in covered noncombustible containers.

(c) To prevent excessive permanent buildup of overspray and overchop, the use of paper, polyethylene film, building or roofing paper or other similar sheet material shall be permitted on side walls and floors of chopper gun and gelcoat areas.

(A) When the accumulated depth of overchop and/or gelcoat has reached an average thickness of 2 inches in the overspray area, it shall be disposed of after at least 4 hours curing.

(B) A single day’s accumulation of more than an average of 2 inches shall be permitted provided it is disposed of before operations are resumed the next day.

(d) Excess catalyzed resin inside a building shall be disposed of in open-topped containers provided with bar screens, large mesh wire screens, or other means, to support individual containers across its top through which surplus catalyzed resin can be poured and upon which empty containers that once held catalyzed resin can be placed to cure. The open-topped containers shall contain water at least 2 inches deep in which the resin shall be poured and permitted to cure in a safe fashion. Containers can be used until filled with setup resin and disposed of along with other nontoxic waste.

(10) Hygiene Facilities and Practices. If acetone is used directly on the skin to clean hands, barrier or a therapeutic cream must be made available to the employee. Gloves shall be provided should any employee wish additional protection.

(11) Storage and Handling of Flammable Liquids.

(a) The storage and handling of acetone and other Category 1-3 flammable liquids for cleanup and gun flushing shall be subject to the following requirements:

(A) Category 1-3 flammable solvents shall be kept in containers that are covered during storage;

(B) Areas within the shop where acetone or other Category 1-3 flammable solvents are transferred into containers less than 5 gallons each shall be considered Class I, Division 1 areas for a 5-foot radius around the point of transfer, and Class I Division 2, for an additional 5 feet outside of the area; and

(C) “Dirty” acetone in small individual cleanup containers of less than 5 gallons each may be handled by pouring into a larger container suitable for disposal or recycling which shall be kept covered.

(b) The following subsections shall apply to chopper gun or gelcoating areas:

(A) Areas where flammable liquids are used, shall be protected by automatic sprinklers or equivalent extinguishing systems. If a special extinguishing system including, but not limited to, those employing foam, carbon dioxide, or dry chemical is provided, approved equipment shall be used and installed in an approved manner.

(B) Exhaust fans mounted 4 feet or less, as measured from the invert (bottom) of the duct above the floor, shall have nonsparking fan blades, and

(i) A motor mounted external to the air stream in a nonexplosive atmosphere. The fan shall be driven by an interconnecting belt.

(ii) Those fans having air suction ducts 4 feet or less above the floor shall comply with subsection (11)(b)(B).

(D) All other electrical equipment in chopper gun or gelcoating operations must conform to the requirements of National Fire Protection Association (NFPA) 33-1989.

(c) Acetone and other Category 1-3 flammable liquids shall be transferred only though a closed piping system from a safety can by means of a device drawing through the top or from a container or portable tank by gravity through an approved self-closing valve. The nozzle and container shall be electrically interconnected.

(d) Acetone shall be kept in covered containers when not in use.

(e) Special input and exhaust ventilation shall be provided where employees must be inside or under the item being fabricated (e.g., inside a pipe or boat hull or under a large fabricated shape) to keep air concentrations of hazardous and/or flammable materials at or below 25 percent of the lower explosive limit and employee exposure at or below the permissible exposure limit.

(f) Areas where flammable materials are handled shall either be posted with “No Smoking” signs, or smoking shall be prohibited throughout plant, manufacturing and storage areas.

(g) Storage and handling of flammable liquids not addressed in these rules shall meet the requirements of 1910.106, Flammable Liquids.

(12) Storage and Handling of Organic Peroxide Catalysts.

(a) Organic peroxide catalysts shall be isolated and stored in their original containers in a cool place under 100 degrees F (37.8 degrees C), away from other flammable materials and ignition sources.

(b) Organic peroxide catalyst containers shall be covered or kept closed at all times.

(d) Larger than 8-pound containers of organic peroxide catalyst shall not be permitted outside designated catalyst storage areas, except for hand layup operations or for filling the catalyst reservoir of chopper gun and gelcoat equipment.

(e) When organic peroxide catalyst is being poured into the catalyst reservoir of chopper gun and gelcoat equipment, the catalyst container shall be equipped with a special curved pouring spout or other device which directs the catalyst into the reservoir without splashing.

(A) A supply of water of not less than 1-gallon shall be permanently installed on the chopper gun or gelcoat apparatus to wet down any catalyst spills which may occur due to overfilling. Catalyst spills shall be absorbed in accordance with the manufacturer’s recommendations.

(B) Immediately after filling the chopper gun or gelcoat apparatus with catalyst, the empty or partially filled catalyst container shall be removed immediately before commencement of any other operation.

(13) Fire Protection. Areas where flammable materials are handled shall either be posted with “No Smoking” signs, or smoking shall be prohibited throughout plant, manufacturing and storage areas.

(14) Ventilation.

(a) Special input and exhaust ventilation shall be provided where employees must be inside or under the item being fabricated (e.g., inside a pipe or boat hull or under a large fabricated shape) to keep air concentrations of hazardous and/or flammable materials at or below 25 percent of the lower explosive limit and employee exposure at or below the permissible exposure limit.

(b) During cleanup and gun flushing with acetone or other Category 1-3 flammable liquids, sufficient ventilation shall be provided to maintain air concentrations below 25 percent of the lower explosive limit (LEL) and employee exposure at or below the permissible exposure limit.

(c) Where acetone and Category 1-3 flammable solvents are used in physical operations (e.g., mixing), there shall be a minimum ventilation rate of 1 cubic foot per minute per square foot of floor area in the immediate work area.

[Publications: Publications referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2012, f. & cert. ef. 9-25-12
OSHA 6-1994, f. & cert. ef. 9-30-94
OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92

Or. Admin. R. 437-002-0119 Oregon Effective Dates

(1) Information pertaining to the equipment in the process shall include material and energy balances for processes built after November 24, 1992.

(2) The employer shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this standard. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. Employers shall determine and document the priority order for conducting process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process. The process hazard analysis shall be conducted as soon as possible, but not later than the following schedule:

(a) No less than 25 percent of the initial process hazards analyses shall be completed by November 24, 1994;

(b) No less than 50 percent of the initial process hazards analyses shall be completed by November 24, 1995;

(d) All initial process hazard analyses shall be completed by November 24, 1997;

(e) Process hazards analyses completed after November 24, 1987, which meet the requirements of this paragraph are acceptable as initial process hazards analyses. These process hazard analyses shall be updated and revalidated, based on their completion date.

(3) In lieu of initial training for these employees already involved in operating a process on November 24, 1992, an employer may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as specified in the operating procedures.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-1994, f. & cert. ef. 9-30-94
OSHA 3-1993, f. & cert. ef. 2-23-93
OSHA 8-1992, f. 8-13-92, cert. ef. 11-24-92

Or. Admin. R. 437-002-0120 Adoption by Reference

In addition to, and not in lieu of, any other health and safety codes contained in OAR Chapter 437, the Department adopts by reference the following federal regulations printed as part of the Code of Federal Regulations, 29 CFR 1910, in the Federal Register:

(1) 29 CFR 1910.132 General requirements. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11. In Oregon, OAR 437-002-0134 applies.

(2) 29 CFR 1910.133 Eye and face protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11. In Oregon, OAR 437-002-0134 applies.

(3) 29 CFR 1910.134 Respiratory protection, published 9/26/19, FR vol. 84, no. 187, p. 50739.

(4) 29 CFR 1910.135 Occupational head protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11. In Oregon, OAR 437-002-0134 applies.

(5) 29 CFR 1910.136 Occupational foot protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11. In Oregon, OAR 437-002-0134 applies.

(6) 29 CFR 1910.137 Electrical protective equipment, published 4/11/14, FR vol. 79, no. 70, p. 20316.

(7) 29 CFR 1910.138 Hand Protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11. In Oregon, OAR 437-002-0134 applies.

(8) 29 CFR 1910.139 Reserved.

(9) 29 CFR 1910.140 Personal fall protection, published 12/17/19, Federal Register, vol. 84, no. 242, p. 68794-68797.

(10) Appendices.

(a) Appendix A – References for further information (nonmandatory).

(b) Appendix B – Nonmandatory compliance guidelines for hazard assessment and personal protective equipment selection; amended with OR-OSHA Admin. Order 3-2015, f. 10/9/15, ef. 1/1/16.

(c) Appendix C to Subpart I of Part 1910 – Personal Fall Protection Systems Non-Mandatory Guidelines, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.

(d) Appendix D to Subpart I of Part 1910 – Test Methods and Procedures for Personal Fall Protection Systems Non-Mandatory Guidelines, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024
OSHA 1-2020, amend filed 02/13/2020, effective 02/13/2020
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16
OSHA 7-2012, f. & cert. ef. 12-14-12
OSHA 1-2012, f. & cert .ef. 4-10-12
OSHA 4-2011, f. & cert. ef. 12-8-11
OSHA 2-2010, f. & cert. ef. 2-25-10
OSHA 5-2009, f. & cert. ef. 5-29-09
OSHA 5-2008, f. 5-1-08, cert. ef. 5-15-08
OSHA 10-2006, f. & cert. ef. 11-30-06
OSHA 4-2006, f. & cert. ef. 7-24-06
OHSA 5-2004, f. & cert. ef. 11-19-04
OSHA 1-2004, f. 3-26-04, cert. ef. 7-1-04
OSHA 12-2001, f. & cert. ef. 10-26-01
OSHA 3-1998, f. & cert. ef. 7-7-98
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 3-1997, f. & cert. ef. 3-28-97
OSHA 3-1994, f. & cert. ef. 8-1-94
OSHA 9-1993, f. 7-29-93, cert. ef. 9-15-93

Or. Admin. R. 437-002-0122 Dipping and Coating

(1) Scope.

(a) This rule applies to all operations where an object is partially or fully immersed in a liquid, or the vapors of a liquid. Such operations include, but are not limited to, cleaning, coating, altering the surface of an object, or changing the character of an object. Examples of covered operations are paint dipping, electroplating, pickling, quenching, tanning, degreasing, stripping, cleaning, roll coating, flow coating, and curtain coating. This rule also applies to draining or drying an object that has been dipped or coated.

(b) This rule does not apply to tanks that contain only water or a molten material.

(2) Definitions. Adjacent area: Any area within 20 feet (6.1 m) of a vapor area that is not separated from the vapor area by tight partitions. Approved: The equipment is listed or approved by a nationally recognized testing laboratory. Autoignition temperature: The minimum temperature required to cause self-sustained combustion, independent of any other source of heat.Dip tank: A container holding a liquid other than water and is used for dipping or coating. An object may be immersed (or partially immersed) in a dip tank or it may be suspended in a vapor coming from the tank. Flammable liquid: A liquid having a flashpoint at or below 199.4 degrees F (93 degrees C). Flashpoint: The minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite if tested in accordance with the test methods in Appendix B to OAR 437-002-1920.1200 — Physical Hazard Criteria. Lower flammable limit (LFL): The lowest concentration of a material that will propagate a flame. The LFL is usually expressed as a percent by volume of the material in air (or other oxidant). Vapor area: Any space containing a dip tank, including its drain boards, associated drying or conveying equipment, and any surrounding area where the vapor concentration exceeds 25% of the LFL of the liquid in the tank.

(3) Any container used as a dip tank must be strong enough to withstand any expected load.

(4) Ventilation.

(a) Ensure airborne concentrations of materials in any vapor area do not exceed 25% of its LFL.

(b) A tank cover or material that floats on the surface of the liquid in a dip tank to replace or supplement ventilation is acceptable, as long as the airborne concentrations do not exceed 25% of the LFL or any limit established by Division 2, Subdivision Z.

(c) When mechanical ventilation is used, it must conform to design standards based on national consensus standards that meet the following:

(A) The standard specifies the safety requirements for the particular equipment;

(B) The standard is recognized in the United States as providing specifications that result in an adequate level of safety;

(C) The standard was developed by a standards development organization under a method providing for input and consideration of views of industry groups, experts, users, govern- mental authorities, and others having broad experience and expertise in issues related to the design and construction of the particular equipment.

(d) Nonmandatory appendix A of this section contains examples of consensus standards that meet the requirements of paragraph (4)(c) of this section.

(e) When mechanical ventilation is used, each dip tank must have an independent exhaust system unless the combination of substances being removed will not cause a fire, explosion, or chemical reaction.

(f) When mechanical ventilation is used, it must draw the flow of air into a hood or exhaust duct.

(A) Ensure each room with exhaust hoods has make-up airflow that is at least 90% of the volume of air exhausted.

(B) Ensure that make-up air does not damage exhaust hoods.

(g) Inspect hoods and ventilation ductwork for corrosion or damage at least quarterly and prior to operation after a prolonged shutdown.

(h) Ensure the ventilation airflow is adequate at least quarterly and prior to operation after a prolonged shutdown.

(5) Periodically inspect all dipping and coating equipment, including covers, drains, overflow piping, and electrical and fire-extinguishing systems, and promptly correct any deficiencies.

(6) Thoroughly clean dip tanks of solvents and vapors before permitting welding, burning, or open-flame work.

(7) Provide mechanical ventilation or respirators (selected and used as specified in 1910.134, Respiratory Protection) to protect employees in the vapor area from exposure to toxic substances released during welding, burning, or open-flame work.

(8) Medical, first aid, and hygiene facilities.

(a) All employees working with or around dip tanks must know the first-aid procedures appropriate to the dipping and coating hazards to which they are exposed.

(b) When employees work with liquids that may burn, irritate, or otherwise harm their skin:

(A) Obtain a physician’s approval before an employee with a sore, burn, or other skin lesion that requires medical attention can return to work in a vapor area.

(B) Only a properly designated person can provide treatment for any skin abrasion, cut, rash, or open sore.

(D) Provide employees who work with chromic acid periodic examinations, at least annually, of their exposed body parts, especially their nostrils.

(E) Provide locker space or other storage space to prevent contamination of employee’s street clothes.

(F) Provide at least one basin with hot water for every 10 employees who work with such liquids.

(G) Follow the emergency eyewash and shower facilities requirements of OAR 437-002-0161, Medical & First Aid.

(9) Before cleaning a dip tank:

(a) Drain the tank and open the cleanout doors; and

(b) Ventilate and clear any pockets where hazardous vapors may have accumulated.

(10)Use of flammable or combustible liquids.

(a) Use only dip tanks constructed from non-combustible materials. When drainboards are used, use only drainboards constructed from non-combustible materials.

(b) Overflow piping.

(A) Provide properly trapped overflow piping for dip tanks that have a capacity greater than 150 gallons (568 liters) or a surface area greater than 10 square feet (0.95 square meters).

(B) Overflow piping must discharge to a safe location.

(C) Overflow piping must be at least 3 inches (7.6 cm) diameter and must have sufficient capacity to prevent the tank from overflowing.

(D) The bottom of the overflow connector must be at least 6 inches (15.2 cm) below the top of the dip tank.

(A) Dip tanks containing more than 500 gallons (1893 L) of liquid must have a bottom drain.

(i) A bottom drain is not required if an automatic cover that meets the requirements of paragraph (10)(d)(C) is used.

(ii) A bottom drain is not required if the viscosity of the liquid at normal atmospheric temperature makes this impractical.

(B) Ensure the bottom drain will empty the dip tank in the event of a fire.

(D) Ensure the bottom drain has pipes that will empty the dip tank within 5 minutes.

(E) Bottom drains must discharge to a safe location.

(F) Bottom drains must be capable of manual and automatic operation. Manual operation must be from a safe and accessible location.

(G) When gravity flow from the bottom drain is impractical, use automatic pumps.

(d) Fire Protection.

(A) Provide portable fire extinguishers that meet the requirements of OAR 437-002-0187 in every vapor area.

(B) Provide an automatic fire extinguishing system:

(i) When the capacity of the dip tank is at least 150 gallons (568 L) or the liquid surface area is 4 square feet (0.38 square meters) or more; or

(ii) When the capacity of a hardening or tempering tank is at least 500 gallons (1893 L) or a liquid surface area of 25 square feet (2.37 square meters) or more.

(C) A cover that is closed by an approved automatic device for the automatic fire-extinguishing system may be used instead of the fire extinguishing system if the cover:

(i) Can also be activated manually;

(ii) Is noncombustible or tin-clad, with the enclosing metal applied with locked joints; and

(iii) Is kept closed when the dip tank is not in use.

(D) In each vapor area and any adjacent area, ensure that:

(i) All electrical wiring and equipment conform to OAR 437, Division 2, Subdivision S (except as specifically permitted in paragraph (15)); and

(ii) There are no flames, spark-producing devices, or other surfaces that are hot enough to ignite vapors.

(E) Electrically bond and ground portable containers used to add liquids to dip tanks to prevent static electrical sparks or arcs.

(F) All vapor areas must be free of combustible debris and as free as practicable of combustible stock.

(G) Deposit all rags or waste impregnated with dipping or coating material in a tightly-closing metal waste can immediately after use. Use only waste cans that are approved or acceptable to the local fire authority.

(H) Empty all waste containers at the end of each shift.

(I) Prohibit smoking in all vapor areas. Post a readily visible “No Smoking” sign near each dip tank or designate the entire area as “No Smoking.”

(e) If a conveyor system is used with a dip tank, it must automatically shut down in the event of a fire. If a ventilation system is used to meet the ventilation requirements of paragraph (4), the conveyor system must automatically shut down if the ventilation system fails.

(f) If a liquid is heated in a dip tank, it must be maintained below the liquid’s boiling point, and it must be maintained at least 100º F (37.8º C) below the liquid’s autoignition temperature.

(g) Ensure that a heating system that is used in a drying operation and could cause ignition:

(A) Is installed in accordance with NFPA 86A-1969, Standard for Ovens and Furnaces (which is incorporated by reference in 1910.6 of this part); and

(B) Has adequate mechanical ventilation that operates before and during the drying operation; and

(11) Hardening or Tempering Tanks.

(a) Ensure that hardening or tempering tanks:

(A) Are located as far as practicable from furnaces;

(B) Are on noncombustible flooring;

(C) Have noncombustible hoods and vents (or equivalent devices) for venting to the outside. For this purpose, treat vent ducts as flues and keep them away from combustible materials, particularly roofs.

(b) Equip each tank with an alarm that will sound if the temperature of the liquid comes within 50º F (10º C) of its flashpoint (the alarm set point).

(d) If the temperature of the liquid can exceed the alarm set point, equip the tank with a circulating cooling system.

(e) If the tank has a bottom drain, the bottom drain may be combined with the oil-circulating system.

(f) Do not use air under pressure when filling the dip tank or agitating the liquid in the dip tank.

(12) Flow Coating.

(a) Use a direct low-pressure pumping system or a 10-gallon (38 L) or smaller gravity tank to supply the paint for flow coating. In case of fire, an approved heat-actuated device must shut down the pumping system.

(b) Ensure that the piping is substantial and rigidly supported.

(13) When roll coating, roll spreading, or roll impregnating operations use a flammable or combustible liquid that has a flashpoint below 140º F (60º C), prevent sparking of static electricity by:

(a) Bonding and grounding all metallic parts (including rotating parts) and installing static collectors; or

(b) Maintaining a conductive atmosphere (for example, one with a high relative humidity) in the vapor area.

(14) Vapor degreasing tanks.

(a) Ensure that the condenser or vapor-level thermostat keeps the vapor level at least 36 inches (91 cm) or one-half the tank width, whichever is less, below the top of the vapor degreasing tank.

(b) When using gas as a fuel to heat the tank liquid, the combustion chamber must be airtight (except for the flue opening) to prevent solvent vapors from entering the air-fuel mixture.

(c) The flue must be made of corrosion-resistant material, and it must extend to the outside. Install a draft diverter if mechanical exhaust is used on the flue.

(d) Do not allow the temperature of the heating element to cause a solvent or mixture to decompose or to generate an excessive amount of vapor.

(15) Ensure that cyanide tanks have a dike or other safeguard to prevent cyanide from mixing with an acid if a dip tank fails.

(16) If a liquid is sprayed in the air over an open-surface cleaning or degreasing tank, control the spraying to the extent feasible by:

(a) Enclosing the spraying operation; and

(b) Using mechanical ventilation to provide enough inward air velocity to prevent the spray from leaving the vapor area.

(17) Electrostatic paint detearing.

(a) Use only approved electrostatic equipment in paint-detearing operations. Electrodes in such equipment must be substantial, rigidly supported, permanently located, and effectively insulated from ground by nonporous, noncombustible, clean, dry insulators.

(b) Use conveyors to support any goods being paint deteared.

(d) Maintain a minimum distance of twice the sparking distance between goods being electro- statically deteared and the electrodes or conductors of the electrostatic equipment. This minimum distance must be displayed conspicuously on a sign located near the equipment.

(e) Ensure that the electrostatic equipment has automatic controls that immediately disconnect the power supply to the high-voltage transformer and signal the operator if:

(A) Ventilation or the conveyors fail to operate;

(B) A ground (or imminent ground) occurs anywhere in the high-voltage system; or

(C) Goods being electrostatically deteared come within twice the sparking distance of the electrodes or conductors of the equipment.

(f) Use fences, rails, or guards, made of conducting material and adequately grounded, to separate paint-detearing operations from storage areas and from personnel.

(g) To protect paint-detearing operations from fire, use automatic sprinklers or an automatic fire-extinguishing system conforming to the requirements of OAR 437, Division 2, Subdivision F.

(h) To collect paint deposits, provide drip plates and screens and clean these plates and screens in a safe location.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001 - 654.295.
OSHA 5-2012, f. & cert. ef. 9-25-12
OSHA 9-2007, f. & cert. ef. 12-3-07

Or. Admin. R. 437-002-0134 Personal Protective Equipment

Application. This rule applies to personal protective equipment and other protective equipment for the eyes, face, head, extremities and torso to include protective clothing, respiratory devices, and protective shields and barriers, wherever employees encounter hazardous processes or environments, chemical hazards, radiological hazards, or mechanical irritants that are capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.

(1) Hazard assessment and equipment selection.

(a) The employer must assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE) or other protective equipment. If such hazards are present, or likely to be present, the employer must:

(A) Select, and have each affected employee use, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment;

(i) All protective equipment must be of safe design and construction for the work to be performed.

(ii) Protective equipment must be worn and used in a manner which will make full use of its protective properties.

(B) Communicate selection decisions to each affected employee; and,

(b) The employer must verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.

(2) Equipment.

(a) Where employees provide their own protective equipment, the employer is responsible to assure its adequacy, including proper maintenance, and sanitation of such equipment.

(b) All personal protective equipment must be provided, used, and maintained in a sanitary and reliable condition.

(d) Each employer must maintain a regular system of inspection and maintenance of personal protective equipment furnished to workers.

(3) Training.

(a) The employer must provide training to each employee who is required by this section to use PPE and each employee that is provided training must know at least the following:

(A) When PPE is necessary;

(B) What PPE is necessary;

(D) The limitations of the PPE; and,

(E) The proper care, maintenance, useful life and disposal of the PPE.

(b) Each affected employee must demonstrate an understanding of the training specified in paragraph (3)(a) of this section, and the ability to use PPE properly, before being allowed to perform work requiring the use of PPE.

(c) When the employer has reason to believe that any affected employee who has already been trained does not have the understanding and skill required by paragraph (3)(b) of this section, the employer must retrain each such employee. Circumstances where retraining is required include, but are not limited to situations where:

(A) Changes in the workplace render previous training obsolete; or

(B) Changes in the types of PPE to be used render previous training obsolete; or

(C) Inadequacies in an affected employee’s knowledge or use of assigned PPE indicate that the employee has not retained the requisite understanding or skill.

(4) Payment for protective equipment.

(a) Except as provided by paragraphs (4)(b) through (4)(f) of this section, the protective equipment, including personal protective equipment (PPE), used to comply with this part, must be provided by the employer at no cost to employees.

(b) The employer is not required to pay for non-specialty safety-toe protective footwear (including steel-toe shoes or steel-toe boots) and non-specialty prescription safety eyewear, provided that the employer permits such items to be worn off the job-site.

(c) When the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in metatarsal protection, the employer is not required to reimburse the employee for the shoes or boots.

(d) The employer is not required to pay for:

(A) The logging boots required by OAR 437-007-0330 in Division 7.

(B) Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots; or

(C) Ordinary clothing, skin creams, or other items, used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.

(e) The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE.

(f) Where an employee provides adequate protective equipment he or she owns pursuant to paragraph (2)(a) of this section, the employer may allow the employee to use it and is not required to reimburse the employee for that equipment. The employer must not require an employee to provide or pay for his or her own PPE, unless the PPE is excepted by paragraphs (4)(b) through (4)(e) of this section.

(5) Fall Protection.

(a) Motor and Rolling Stock Vehicles.

(A) All employees must be protected from fall hazards when working on motor and rolling stock vehicle surfaces more than 10 feet above a lower level or at any height above dangerous equipment.

(B) The employer must ensure that fall protection systems are provided, installed, and used according to the criteria in 1910.140 in this Subdivision.

(b) Travel Restraint Systems. The employer must ensure each employee using a travel restraint system (personal fall restraint) is prevented from going over the edge by providing, installing and ensuring its use according to the criteria in 1910.140 in this Subdivision with the following exceptions to 1910.140:

(A) 1910.140(c)(13) does not apply when anchorages used solely for travel restraint are:

(i) Capable of supporting 3000 pounds (13.34 kN) per employee attached; or

(ii) Are designed, installed and used under the supervision of a qualified person, as part of a complete personal fall protection system that maintains a safety factor of at least two.

(B) 1910.140(c)(22) does not apply. The attachment point to the body belt or full body harness may be at the back, front or side D-ring.

(6) Work Clothing.

(a) Clothing must be worn which is appropriate to the work performed and conditions encountered.

(b) Appropriate high temperature protective clothing must be worn by workers who are exposed to possible contact with molten metals or other substances that can cause burns.

(d) Clothing saturated or impregnated with flammable liquids, corrosive or toxic substances, irritants, or oxidizing agents must be removed immediately and not worn again until properly cleaned.

(e) Rings, wristwatches, earrings, bracelets, and other jewelry which might contact power driven machinery or electric circuitry, must not be worn.

(f) Allow employees to wear a face covering if they so choose, unless doing so creates or otherwise exposes the employee to a hazard. Employers must supply these items at no cost to employees when the employer requires their use.

(7) High Visibility Garments. Employees exposed to hazards caused by on highway type moving vehicles in construction zones and street/highway traffic must wear highly visible upper body garments. The colors must contrast with other colors in the area sufficiently to make the worker stand out. Colors equivalent to strong red, strong orange, strong yellow, strong yellow-green or fluorescent versions of these colors are acceptable. During hours of darkness, the garments must also have reflective material visible from all sides for 1000 feet.

(8) Eye And Face Protection.

(a) The employer must ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.

(b) The employer must ensure that each affected employee uses eye protection that provides side protection when there is a hazard from flying objects. Detachable side protectors (e.g., clip-on or slide-on side shields) meeting the pertinent requirements of this section are acceptable.

(c) The employer must ensure that each affected employee who wears prescription lenses while engaged in operations that involve eye hazards wears eye protection that incorporates the prescription in its design, or shall wear eye protection that can be worn over the prescription lenses without disturbing the proper position of the prescription lenses or the protective lenses.

(d) Eye and face PPE must be distinctly marked to facilitate identification of the manufacturer.

(e) The employer must ensure that each affected employee uses equipment with filter lenses that have a shade number appropriate for the work being performed for protection from injurious light radiation. The following is a listing of appropriate shade numbers for various operations.

(f) Protective eye and face protection devices must comply with any of the following consensus standards

(A) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye and Face Protection Devices, incorporated by reference in 1910.6;

(B)ANSI Z87.1-2003, American National Standard Practice for Occupational and Educational Eye and Face Protection, which is incorporated by reference in 1910.6; or

(C) ANSI Z87.1-1989 (R-1998), American National Standard Practice for Occupational and Educational Eye and Face Protection, which is incorporated by reference in 1910.6.

(g) Protective eye and face protection devices that the employer demonstrates are at least as effective as protective eye and face protection devices that are constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section.

(h) Employees whose occupation or assignment requires exposure to laser beams shall be furnished laser safety goggles as required by Occupational Health Regulations which will protect for the specific wavelength of the laser and be of optical density adequate for the energy involved.

(9) Head Protection.

(a) The employer must ensure that each affected employee wears a protective helmet when working in areas where there is a potential for injury to the head from falling or flying objects.

(b) The employer must ensure that a protective helmet designed to reduce electrical shock hazard is worn by each such affected employee when near exposed electrical conductors which could contact the head.

(A) ANSI Z89.1-2009, American National Standard for Industrial Head Protection, which is incorporated by reference in §1910.6;

(B) ANSI Z89.1-2003, American National Standard for Industrial Head Protection, which is incorporated by reference in 1910.6; or

(C) ANSI Z89.1-1997, American National Standard for Industrial Head Protection, which is incorporated by reference in 1910.6.

(d) Head protection devices that the employer demonstrates are at least as effective as head protection devices that are constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section.

(e) Employees who are exposed to power-driven machinery or to sources of ignition shall wear caps or other head covering which completely covers the hair.

(10) Foot Protection.

(a) The employer must ensure that each affected employee use protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects, or objects piercing the sole, and where such employee’s feet are exposed to electrical hazards, such as static-discharge or electric-shock hazard, that remains after the employer takes other necessary protective measures.

(b) Protective footwear must comply with any of the following consensus standards:

(A) ASTM F-2412-2005, Standard Test Methods for Foot Protection, and ASTM F-2413-2005, Standard Specification for Performance Requirements for Protective Footwear, which are incorporated by reference in 1910.6;

(B) ANSI Z41-1999, American National Standard for Personal Protection –Protective Footwear, which is incorporated by reference in 1910.6; or

(C) ANSI Z41-1991, American National Standard for Personal Protection – Protective Footwear, which is incorporated by reference in §1910.6.

(c) Protective footwear that the employer demonstrates is at least as effective as protective footwear that is constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section.

(d) Special types or designs of shoes or foot guards are required where conditions exist that make their use necessary for the safety of workers.

(11) Leg protection

(a) Leggings or high boots of leather, rubber, or other suitable material must be worn by persons exposed to hot substances or dangerous chemical spills.

(b) Employees using chain saws must wear chaps or leg protectors that cover the leg from the upper thigh to mid-calf. The protector must be material designed to resist cuts from the chain saw. Employers must provide this protection at no cost to the employee.

(12) Hand Protection.

(a) Employers must select and require employees to use appropriate hand protection when employees’ hands are exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasions; punctures; chemical burns; thermal burns; and harmful temperature extremes.

(b) Employers must base the selection of the appropriate hand protection on an evaluation of the performance characteristics of the hand protection relative to the task(s) to be performed, conditions present, duration of use, and the hazards and potential hazards identified.

(13) Skin protection. Where the need for their use is necessary, protective covering, ointments, gloves, or other effective protection must be provided for and used by persons exposed to materials which are hazardous to the skin.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024
OSHA 2-2023, amend filed 08/16/2023, effective 08/17/2023
OSHA 1-2023, temporary amend filed 03/30/2023, effective 04/03/2023 through 09/29/2023
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 4-2016, f. & cert. ef. 9-7-16
OSHA 3-2016, f. & cert. ef. 8-19-16
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16
OSHA 2-2013, f. 2-15-13, cert. ef. 4-1-13
OSHA 4-2011, f. & cert. ef. 12-8-11

Or. Admin. R. 437-002-0139 Working Underway on Water.

(1) Scope and Application: This rule applies to all employees not covered by division 3, Construction; division 4, Agriculture or division 6, Forest Practices.

(2) Definitions:

(a) Boat — means every description of water craft used or capable of being used as a means of transportation on the water, but does not include aircraft built to land on the water.

EXAMPLE: A partial list includes: boats, rafts, barges, pontoons, dredges and floating logs.

(b) Serviceable condition — means the flotation device is able to perform the function that the manufacturer intended.

(3)(a) Workers in boats that are underway must wear a Coast Guard approved or equivalent, wearable personal flotation device (PFD).

EXCEPTION: Workers, below deck or in enclosed parts of boats, like cabins and pilot houses need not wear the PFD but must have it at hand.

(b) The PFD must be the right size for the wearer and must be in serviceable condition according to the manufacturer’s requirements and recommendations.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2001, f. 1-18-01, cert. ef. 3-1-01
OSHA 9-1993, f. 7-29-93, cert. ef. 9-15-93

Or. Admin. R. 437-002-0140 Adoption by Reference

In addition to and not in lieu of, any other safety and health codes contained in OAR Chapter 437, the Department adopts by reference the following federal regulations printed as part of the Code of Federal Regulations, 29 CFR 1910, in the Federal Register:

(1) 29 CFR 1910.141 Sanitation, published 6/8/11, Federal Register, vol. 76, no. 110, p. 33590.

(2) Reserved for 29 CFR 1910.142 Temporary labor camps.

(3) 29 CFR 1910.143 Nonwater carriage disposal systems (Reserved).

(4) 29 CFR 1910.144 Safety color code for marking physical hazards, published 12/14/07, FR vol. 72, no. 240, p. 71061.

(5) 29 CFR 1910.145 Specifications for accident prevention signs and tags, published 6/13/13, FR vol. 78, no. 114, p. 35559.

(6) 29 CFR 1910.146 Permit-required confined spaces. Repealed with Oregon OSHA AO 6-2012, f. 9/28/12, ef. 4/1/13. In Oregon, OAR 437-002-0146 applies.

(7) 29 CFR 1910.147 The control of hazardous energy, (lockout/tagout); published 5/2/11, Federal Register vol. 76, no. 84, p. 24576; 7/25/11, FR vol. 76, no. 142, p. 44265.

(8) 29 CFR 1910.148 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239.

(9) 29 CFR 1910.149 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239.

(10) 29 CFR 1910.150 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239.

These federal standards are on file with the Oregon Occupational Safety and Health Division, Department of Consumer and Business Services and the United States Government Printing Office.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 7-2013, f. & cert. ef. 12-12-13
OSHA 6-2012, f. 9-28-12, cert. ef. 4-1-13
OSHA 4-2011, f. & cert. ef. 12-8-11
OSHA 3-2011, f. & cert. ef. 11-1-11
OSHA 7-2008, f. & cert. ef. 5-30-08
OSHA 12-2001, f. & cert. ef. 10-26-01
OSHA 5-1999, f. & cert. ef. 5-26-99
OSHA 2-1999, f. & cert. ef. 4-30-99
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 5-1994, f. & cert. ef. 9-30-94
OSHA 8-1993, f. & cert. ef. 7-1-93
OSHA 13-1992, f. 12-7-92, cert. ef. 2-1-93
OSHA 4-1991, f. 2-25-91, cert. ef. 3-15-91
OSHA 2-1990, f. 1-19-90, cert. ef. 3-1-90

Or. Admin. R. 437-002-0141 Additional Oregon Sanitation Requirements

(1) Definitions:

(a) “Potable Water” means water meeting the bacteriological and chemical quality requirements prescribed in OAR chapter 333, division 61, Public Water Systems, of the Oregon State Health Division;

(b) “Sanitary” means free from agents injurious to health.

(2) Expectoration. Expectorating upon the walls, floors, workplaces, or stairs of any establishment is prohibited.

(3) Disposal of Waste Materials.

(a) Scrap, waste material, or debris shall not be permitted to accumulate in work areas in a manner that will constitute a hazard or contribute to a hazardous condition in a place of employment. It shall be removed as required for the safety of workers.

(b) Flammable waste, such as oily rags, shall be removed to a safe place, or be placed in containers designed or suitable for such use.

(c) Where the operation of machines or equipment creates waste materials hazardous to workers, such machines or equipment shall be equipped with suitable collecting or removal systems, except that where the refuse is too heavy, bulky, or otherwise unsuitable to be handled by such means, provision for the temporary safe storage and regular removal of the refuse shall be made.

NOTE: Water supply systems design and construction standards are contained in the Oregon Health Division rules, OAR chapter 333, division 61, Public Water Systems.

(4) Toilet Facilities. Toilet facilities at permanent worksites must be reasonably accessible.

(5) Washing Facilities. Handwashing facilities shall be provided in work areas where the employees are exposed to hazardous materials which will have a deleterious effect on or be absorbed through the skin if the contamination is not removed.

NOTE: OR-OSHA did not adopt 1910.141(d)(3)(ii). In Oregon, OAR 437-002-0141(6) applies:

(6) Shower Facilities. One shower shall be provided for each five employees of each sex, or numerical fraction thereof, who are required to shower during the same shift.

(7) Ventilation/Smoking.

(a) Exhaust or natural ventilation in eating facilities shall be sufficient to prevent the excessive build-up of cigarette smoke, or other atmospheric contaminants.

(b) Where employees work in an enclosed space, exhaust or natural ventilation shall be sufficient to prevent the build-up of cigarette smoke or other atmospheric contaminants.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-1994, f. & cert. ef. 9-30-94
OSHA 13-1992, f. 12-7-92, cert. ef. 2-1-93

Or. Admin. R. 437-002-0142 Labor Housing

For temporary labor housing operated by employers covered under Divisions 2 (General Industry), 3 (Construction) and 7 (Forest Activities), the following rule applies: Division 4/J, 437-004-1120 (Agricultural Labor Housing and Related Facilities) except section (5), subsection (6)(p), and section (22).

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 315.164, 658.750, 658.755, 658.780, 658.785, 658.805, 658.810 & 658.825
OSHA 1-2025, amend filed 01/08/2025, effective 03/31/2025
OSHA 4-2008, f. 3-24-08, cert. ef. 5-1-08
OSHA 5-2000, f. 5-18-00, cert. ef. 6-1-00
OSHA 9-1995, f. & cert. ef. 11-29-95
OSHA 13-1992, f. 12-7-92, cert. ef. 2-1-93

Or. Admin. R. 437-002-0144 Additional Oregon Rules for General Environmental Controls

(1) Illumination.

(a) Adequate general and local lighting shall be provided for rooms, building and work areas during the time of use.

(b) Factors upon which the adequacy and effectiveness of illumination shall be judged, include the following:

(A) The quantity of light as specified in American National Standard ANSI All.1-1965, “American Standard Practice for Industrial Lighting.”

(B) The quality of light in terms of freedom from glare, and correct direction, diffusion and distribution.

(c) All skylights, side windows, lamps and other accessories which are necessary for illumination shall be kept clean, and in working order.

(2) Temperature Provisions. Where processes create harmful or hazardous temperature and humidity conditions, measures shall be taken to control the conditions or to control the effect on the employee.

NOTE: The following Oregon-initiated rule relates to 29 CFR 1910.147(c)(5).

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-1994, f. & cert. ef. 9-30-94

Or. Admin. R. 437-002-0145 Additional Oregon Rules for Accident Prevention and Tags

Warning Devices. Warning signs, danger signs, warning flags, warning lights, or similar devices shall be conspicuously posted at all locations where existing conditions not otherwise adequately guarded warrant their use.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-1994, f. & cert. ef. 9-30-94

Or. Admin. R. 437-002-0146 Confined Spaces

(1) Purpose and application. This rule applies to all activities in confined spaces and provides requirements to protect employees from the hazards of entering and working in confined spaces.

(2) Exceptions. This standard does not apply to the following:

(a) Construction work regulated by Division 3/P Excavations, except for entry into sanitary sewer spaces that are large enough to bodily enter.

(b) Construction work regulated by Division 3/S Underground Construction, Caissons, Cofferdams and Compressed Air, except for sewers.

(c) Enclosed spaces regulated by Division 2/RR Electric Power Generation, Transmission and Distribution, except when that standard requires compliance with this standard.

(d) Reserved.

(e) Manholes and vaults regulated by 1910.268(o) in Division 2/R Telecommunications, unless the space cannot be made safe to enter even after following the requirements of 1910.268(o).

(f) Welding in confined spaces regulated by Division 2/Q Welding, Cutting & Brazing, when the only hazards are related to the welding process.

(g) Grain bins, silos, tanks, and other grain storage structures regulated by 1910.272, Grain Handling Facilities.

(h) Diving operations regulated by Division 2/T, Commercial Diving Operations.

(i) Except for (a) through (h) above, when any other applicable standard addresses work in confined spaces or additional hazards that may be present, you must comply with the provisions of that standard and this standard. Where the requirements of one standard are more restrictive than the other, follow the more stringent requirements.

(3) Definitions.

(a) Acceptable entry conditions: The conditions that must exist in a permit-required confined space to allow safe entry and work.

(b) Alternate entry — An alternative process for entering a permit space under very specific conditions. The space remains a permit space even when entered using alternate entry and even though no entry permit is required in those circumstances.

(d) Atmospheric testing — see “Testing.”

(e) Attendant — An individual stationed outside one or more permit spaces to monitor the authorized entrants and who performs all attendants duties assigned in the employer's permit space program.

(f) Authorized — Approved by the employer or controlling contractor.

(g) Authorized entrant — An employee who is authorized by the employer to enter a permit space.

(h) Barrier — A physical obstruction that blocks or limits access.

(i) Blanking or blinding — The absolute closure of a pipe, line, or duct by the fastening of a solid plate (such as a spectacle blind or a skillet blind) that completely covers the bore and that is capable of withstanding the maximum pressure of the pipe, line, or duct with no leakage beyond the plate.

(j) Calibration — The checking of a direct-reading instrument against an accurate standard (such as a calibration gas) to determine any deviation and correct for errors.

NOTE: A similar process may also be referred to as a “bump test” in which an instrument is tested with an accurate standard to ensure it is still reading correctly. For the purposes of this rule, a “bump test” performed in accordance with the manufacturer’s instructions can be used to verify calibration.

(k) Confined space — A space that meets all of the following:

(A) Large enough and so configured that an employee can fully enter the space and perform work.

(B) Has limited or restricted means for entry and/or exit.

(l) Continuous system — a confined space that meets all of the following:

(A) Part of, and contiguous with, a larger confined space (for example, storm sewers, sanitary sewers, or steam tunnels)

(B) Subject to a potential release from the larger confined space that can overwhelm control measures and/or personal protective equipment, resulting in a hazard that is immediately dangerous to life and health.

(m) Control or controlling — Authority to regulate, direct or influence.

(n) Controlling contractor — The employer that has overall responsibility for construction at a worksite.

Note: A controlling contractor who owns or manages a property is both a controlling contractor and a host employer.

(o) Double block and bleed — The closure of a line, duct, or pipe by closing and locking or tagging two in-line valves and by opening and locking or tagging a drain or vent valve in the line between the two closed valves.

(p) Emergency — Any occurrence (including any failure of hazard control or monitoring equipment) or event internal or external to the permit space that could endanger entrants.

(q) Engulfment hazard — A physical hazard consisting of a liquid or flowable solid substance that can surround and capture an individual. Engulfment hazards may cause death or serious physical harm if: the individual inhales the engulfing substance into the respiratory system (drowning, for example); the substance exerts excessive force on the individual’s body resulting in strangulation, constriction, or crushing; or the substance suffocates the individual.

(r) Entrant (see the definition of authorized entrant).

(s) Entry — The action by which any part of an employee’s body breaks the plane of an opening into a confined space. Entry (or entry operations) also refers to the period during which an employee occupies a confined space.

(t) Entry Permit — Written authorization from the employer, controlling contractor, or host employer to enter a permit-required confined space and perform work.

(u) Entry supervisor — The person (such as the employer, foreman, or crew chief, or any other designated employee) responsible for:

(A) Determining if acceptable entry conditions are present at a permit space where entry is planned; and

(B) Authorizing entry and overseeing entry operations; and

(v) Hazard — For the purpose of this rule, hazard means a physical hazard or hazardous atmosphere.

(w) Hazard control — The action taken to reduce the level of any hazard inside a confined space using engineering methods (for example, by isolation or ventilation), and then using these methods to maintain the reduced hazard level. Hazard control also refers to the engineering methods used for this purpose. Personal protective equipment is not a hazard control.

(x) Hazard elimination — The action taken to remove a hazard from the work environment. For confined spaces, this includes isolation. For a hazard to be eliminated, the conditions that create or cause the hazard no longer exist within the confined space.

(y) Hazardous atmosphere — An existing or potential atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to escape unaided from a permit space, injury, or acute illness from one or more of the following:

(A) A flammable gas, vapor, or mist in excess of 10 percent of its lower flammable limit.

(B) An airborne combustible dust at a concentration that meets or exceeds its lower explosive limit.

NOTE: This concentration may be approximated as a condition in which the dust obscures vision at a distance of 5 feet (1.52 meters) or less.

(D) An airborne concentration of a substance that exceeds the dose or exposure limit specified by an Oregon OSHA requirement.

NOTE: An atmospheric concentration of any substance that is not capable of causing death, incapacitation, impairment of ability to escape unaided, injury, or acute illness due to its health effects is not covered by this provision. You must still follow all other applicable Oregon OSHA requirements to protect employee health.

(E) An atmosphere that presents an immediate danger to life or health (IDLH).

(z) Host employer — An employer who owns or manages the property on which confined space work is taking place.

(aa) Immediately dangerous to life or health (IDLH) — Means any condition that poses an immediate or delayed threat to life or that would cause irreversible adverse health effects or that would interfere with an individual’s ability to escape unaided from a permit space.

NOTE: Some materials — hydrogen fluoride gas and cadmium vapor, for example — may produce immediate transient effects that, even if severe, may pass without medical attention, but are followed by sudden, possibly fatal collapse 12–72 hours after exposure. The victim “feels normal” from recovery from transient effects until collapse. Such materials in hazardous quantities are considered to be “immediately” dangerous to life or health.

(bb) Inerting — The displacement of the atmosphere in a permit space by a noncombustible gas (such as nitrogen) to such an extent that the resulting atmosphere is noncombustible.

NOTE: This procedure produces an IDLH oxygen-deficient atmosphere.

(cc) Isolate or isolation — The elimination or removal of a physical or atmospheric hazard by preventing its release into a confined space. Isolation includes, but is not limited to, the following methods:

(A) Blanking or blinding.

(B) Misaligning or removing sections of lines, pipes, or ducts.

(D) Machine guarding;

(E) Blocking or disconnecting all mechanical linkages;

(F) Lockout or tagout of all sources of energy.

NOTE: When using lockout/tagout, you must follow all of the requirements of 1910.147, “The Control of Hazardous Energy”.

(dd) Mobile worker — An employee who performs work in multiple locations such as customer sites, company offices, private homes, vendor offices, or construction sites.

(ee) Monitor or monitoring — The process used to identify and evaluate the atmosphere in a permit space after an authorized entrant enters the space. This is a process of checking for changes in the atmospheric conditions within a permit space and is performed in a periodic or continuous manner after the completion of the initial testing of that space. (See also “testing.”)

(ff) Non-entry rescue — Retrieval of entrants from a permit space without entering the permit space.

(gg) Permit-required confined space (permit space) — A confined space that has one or more of the following characteristics:

(A) Contains, or has a potential to contain, a hazardous atmosphere.

(B) Contains a material that has the potential to engulf an entrant.

(C) Has an internal configuration such that an entrant could become trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section.

(D) Contains any other recognized serious safety or health hazard that can inhibit an entrants ability to escape unaided.

(hh) Physical hazard — An existing or potential hazard that can cause death or serious physical harm in or near a confined space, or a hazard that has a reasonable probability of occurring in or near a confined space, and includes, but is not limited to:

(A) Explosives; mechanical, electrical, hydraulic, and pneumatic energy; radiation; temperature extremes; engulfment; noise; and inwardly converging surfaces; and

(B) Chemicals that can cause death or serious physical harm through skin or eye contact (rather than through inhalation).

(ii) Potential hazards — All reasonably anticipated conditions within the space and outside the space that can adversely affect conditions within the space.

(jj) Rescue — Retrieving employees who are unable to remove themselves from a permit space. Rescue can be entry or non-entry, and can be conducted by the employer’s employees or a third-party.

(kk) Rescue service — The onsite or offsite personnel who the employer designates to engage in non-entry and/or entry rescue of employees from a permit space.

(ll) Retrieval system — The equipment, including mechanical retrieval devices, used for non-entry rescue of authorized entrants from a permit space.

(mm) Serious physical harm — An impairment in which a body part is made functionally useless or is substantially reduced in efficiency. Such impairment may include loss of consciousness or disorientation, and may be permanent or temporary, or chronic or acute. Injuries involving such impairment would usually require treatment by a physician or other licensed health-care professional while an illness resulting in serious physical harm could shorten life or substantially reduce physical or mental efficiency by impairing a normal bodily function or body part.

(nn) Simulated Permit-Required Confined Space — Is a confined space or a mock-up of a confined space that has similar entrance openings, and is similar in size, configuration, and accessibility to the permit space the authorized entrants enter. A simulated space does not need to contain any physical or atmospheric hazards.

(oo) Testing — The process of identifying and evaluating the atmospheric hazards that entrants may be exposed to in a permit-required confined space. Testing includes specifying the initial tests that are to be performed in the permit space. (See also “monitor or monitoring”)

NOTE: Testing enables employers both to devise and implement adequate control measures for the protection of authorized entrants and to determine if acceptable entry conditions are present immediately prior to and during entry.

(pp) Ventilate or ventilation — Controlling an actual or potentially hazardous atmosphere using either powered equipment, such as fans and blowers, or reliable natural air flow, or a combination of the two, to reduce an otherwise hazardous atmosphere below the level that makes it a hazardous atmosphere. Ventilation is a method of hazard control, not hazard elimination.

(qq) You — The employer. Table.

(4) Evaluation.

(a) You must determine if any of your confined spaces are permit-required confined spaces. This evaluation must include:

(A) Any known or anticipated hazard.

NOTE: If the only hazard associated with a confined space is a fall hazard, it is not covered by the Confined Space rule. If the space contains other hazards that make it a permit space, the fall hazard must be addressed on the permit.

(B) The determination from any previous evaluation of that space.

(b) Exceptions:

(A) Employers of mobile workers (for example, contractors, electricians, plumbers) where they are not the property owner or controlling contractor are not required to perform this evaluation for the entire site. Mobile worker employers must evaluate the areas they are responsible for or where their employees will be working and must follow the requirements of (4)(e).

(B) Controlling contractors on sites with existing confined spaces are responsible for performing this determination only for the area under their control.

(C) On sites where confined spaces are being built, the host employer or controlling contractor is responsible for ensuring this determination is accomplished only when:

(i) Any of their employees enter that space.

(ii) An agent of the employer enters that space.

(iii) Employees of an employer accountable to that controlling contractor or host employer enter that space.

(iv) They assume control over that space.

(c) Before employees of another employer enter a confined space at your workplace that is under your control, and you have information related to paragraph (4)(a), you must provide it to that employer.

(d) When a space has hazards that make it a permit space:

(A) Develop and implement a means so employees can identify that space. Signs, labels, or tags are methods that can be used to accomplish this.

(B) Allow employees or their representatives to observe the evaluation or re-evaluation of the space.

(D) Take all necessary measures to prevent unauthorized employees from entering permit spaces.

(e) Prevent employees from entering any unevaluated confined space until it is fully evaluated.

(f) When your employees are mobile, you must determine if they will be exposed to permit-required confined spaces at their assigned work locations. This determination must include information, if any, from the host employer or controlling contractor.

(A) Identify any physical and atmospheric hazards that make the space a permit-required confined space.

(B) Allow employees or their representatives to observe the evaluation or re-evaluation of the space.

(D) Take all necessary measures to prevent unauthorized employees from entering permit spaces.

(E) Prevent employees from entering any unevaluated confined space until it is fully evaluated.

(5) Permit-Required Confined Space Entry Program and Permits.

(a) When employees must enter a permit space, develop and implement a written program that describes the means, practices, and procedures to safely identify and enter permit spaces.

(b) Include the following in the program:

(A) Documentation of entry permit procedures.

(B) Measures taken to prohibit unauthorized persons from entering permit spaces.

(C) Designation of employee roles, such as entrants, attendants, entry supervisors, rescuers, or those who test or monitor the atmosphere in a permit space.

(D) Identification of designated employee duties.

(E) Training on the written program and entry permits.

(F) Training employees on their designated roles.

(G) Instructions to identify and evaluate hazards.

(H) Methods to eliminate and/or control hazards.

(I) Instructions on equipment use and maintenance.

(J) Instructions to coordinate entry with another employer.

(K) Procedures necessary for concluding the entry and canceling the permit after entry operations have been completed.

(A) The location of all permit spaces.

(B) The reason for the classification of each permit space or each type of permit space.

NOTE: Where there are multiple permit spaces of the same type that have the same hazards, such as sewers, water vaults, or valve pits, the exact location of each space does not need to be identified so long as there is enough information so that employees can readily identify each type of space and its hazards at each location.

(C) Exception: The locations of permit spaces at remote unmanned locations do not need to be added to the program until the first time employees go to that location after the effective date of this rule.

(d) Provide employees and their representatives access to the written program.

(e) Provide entrants or their authorized representatives access to the completed permit before entry so they can confirm that pre-entry preparations have been completed.

(f) Review the permit program when there is any reason to believe that employees are not adequately protected, and revise it as necessary.

(A) Situations that require this review include:

(i) Unauthorized entry of a permit space.

(ii) Discovery of a previously unrecognized hazard.

(iii) Existence of a condition prohibited by the permit or permit program.

(iv) An injury or near-miss during entry.

(v) An employee reports of concerns about the effectiveness of the program.

(vi) Any other condition that affects employee safety or health.

(B) When revising the permit program to correct hazard-related deficiencies, do not allow entries into affected permit spaces to be made until the revisions are complete.

(g) Review permits within one year of their cancellation to evaluate:

(A) The permit program.

(B) The protection provided to employees entering permit spaces.

(6) Permit Entry.

(a) Develop and implement procedures for issuing permits. Procedures must include how to:

(A) Evaluate the hazards of the space.

(B) Evaluate hazards of the work to be performed.

(b) Entry permits must include the following information:

(A) The space to be entered.

(B) The purpose of the entry.

(D) The hazards of the space.

(E) Acceptable entry conditions.

(F) Results of initial tests and periodic monitoring performed to evaluate and identify the hazards and conditions of the space, or the period for continuous monitoring, accompanied by the names or initials of the testers and by an indication of when the tests were performed.

(G) Appropriate measures used before entry to isolate the space and eliminate or control hazards.

Examples of appropriate measures include the de-energizing and lockout or tagging of equipment, and procedures for purging, inerting, ventilating, and flushing permit spaces.

(H) Names of entrants and current attendants.

(I) The signature of the original supervisor authorizing entry.

(J) The current entry supervisor.

(K) Communication procedures for entrants and attendants to maintain contact during the entry.

(L) Equipment provided for safe entry, such as:

(i) Personal protective equipment (PPE).

(ii) Testing and monitoring equipment.

(iii) Communications equipment.

(iv) Alarm systems.

(v) Rescue equipment.

(M) Rescue services available, and how to contact them.

(N) Other information needed for safety in the particular permit space.

(O) Additional permits issued for work in the space, such as for hot work.

(P) Any problems, if any, encountered during the entry.

(d) Provide each entrant or their authorized representative with the results of any initial testing before they enter the space.

(e) Maintain safe entry conditions for the duration of the entry.

(A) When the space is too large to isolate, or is part of a continuous system, such as a sewer, ensure continuous monitoring where entrants are working for the duration of the entry.

(B) When an entrant or their authorized representative has reason to believe that the testing or monitoring was inadequate, re-test the space.

(f) Follow all actions and precautions identified on the permit.

(g) When conditions require the space to be evacuated, do not allow re-entry unless you:

(A) Re-assess the conditions of the space to ensure it is safe for re-entry and ensure the permit reflects the evacuation and subsequent re-assessment; or

(B) Issue a new permit.

(h) Allow entrants or their authorized representatives the opportunity to observe monitoring, testing, and all other actions taken to eliminate or control the hazards of the space.

(7) Equipment.

(a) When employees enter permit spaces, provide the following equipment as necessary:

(A) Testing and monitoring equipment.

(B) Ventilating equipment, when needed, used to obtain and maintain acceptable entry conditions.

(C) Communication equipment, such as a two-way radio, for effective communication between the attendant and all entrants and to initiate rescue when necessary.

(D) Lighting equipment needed to ensure employees can see well enough to work safely and exit the space quickly in the event of an emergency.

(E) Barriers or shields to protect entrants from external hazards, such as pedestrians and vehicles.

(F) Ladders or other equipment to safely enter and exit the space.

(G) Rescue and emergency equipment necessary to safely and effectively rescue entrants.

(H) Any other equipment necessary to safely enter and exit the space.

(I) Personal protective equipment as mandated by any applicable Oregon OSHA standard or as otherwise required by the employer’s assessment of the hazards.

(b) Provide all necessary equipment at no cost to employees.

(d) Train all employees who use equipment in the use of that equipment.

(8) Personnel.

(a) Before employees enter permit spaces, designate entrants, attendants, and entry supervisors.

NOTE: The entry supervisor can also be either the attendant or entrant.

(b) Entrants must:

(A) Know the hazards that may be faced during entry, including information on the type of hazard, as well as signs, symptoms, and consequences of exposure to those hazards.

(B) Communicate with the attendant as necessary so the attendant can monitor the entrant’s status and to enable the attendant to alert entrants of the need to evacuate the space.

(C) Alert the attendant whenever the entrant detects a dangerous or hazardous condition or warning sign or symptom of exposure to a dangerous situation.

(D) Exit from the permit space as quickly as possible whenever:

(i) An order to evacuate is given by the attendant or the entry supervisor, or

(ii) The entrant recognizes any warning sign or symptom of exposure to a dangerous situation, or

(iii) The entrant detects a dangerous or hazardous condition, or

(iv) An evacuation alarm is activated.

(A) Know the hazards that may be faced during entry, including information on the type of hazard, as well as signs, symptoms, and consequences of exposure to those hazards.

(B) Be aware of possible behavioral effects of hazard exposure in authorized entrants.

(C) Continuously maintain an accurate count of authorized entrants in the permit space and ensure that the means used to identify authorized entrants accurately identifies who is in the permit space.

(D) Remain outside the permit space during entry operations until relieved by another attendant.

(E) Communicate with authorized entrants as necessary to monitor entrant status and to alert entrants of the need to evacuate the space.

(F) Monitor activities inside and outside the space to determine if it is safe for entrants to remain in the space and order the authorized entrants to evacuate the permit space immediately under any of the following conditions:

(i) If the attendant detects a dangerous or hazardous condition;

(ii) If the attendant detects the behavioral effects of hazard exposure in an authorized entrant;

(iii) If the attendant detects a situation outside the space that could endanger the authorized entrants; or

(iv) If the attendant cannot effectively and safely perform all the duties required of the attendant.

(G) Summon rescue and other emergency services as soon as the attendant determines that authorized entrants may need assistance to escape from permit space hazards.

(H) Take the following actions when unauthorized persons approach or enter a permit space while entry is underway:

(i) Warn the unauthorized persons that they must stay away from the permit space;

(ii) Advise the unauthorized persons that they must exit immediately if they have entered the permit space; and

(iii) Inform the authorized entrants and the entry supervisor if unauthorized persons have entered the permit space.

NOTE: The employer can give the attendant the authority to remove unauthorized individuals who enter or who attempt to enter the permit space during entry operations, so long as the attendant does not enter the space.

(I) Perform non-entry rescues as specified by the employer’s rescue procedure; and

(J) Perform no duties that might interfere with the attendant’s primary duty to monitor and protect any authorized entrant.

NOTE: An attendant may monitor more than one space at a time, but the duties in relation to one space may not interfere with the duties for any other spaces. If an attendants’ attention is focused on one space, such as to initiate the rescue procedures, all other spaces that the attendant is monitoring must be evacuated or another attendant must take over those duties first.

(d) Entry supervisors must:

(A) Know the hazards that may be faced during entry, including information on the type of hazard, as well as signs, symptoms, and consequences of exposure to those hazards.

(B) Understand the means and methods to control and/or eliminate the hazards of the permit space.

(C) Verify, by checking that the appropriate entries have been made on the permit, that all tests specified by the permit have been conducted and that all procedures and equipment specified by the permit are in place before endorsing the permit and allowing entry to begin.

(D) Inform entrants and attendants of the hazards and conditions associated with the space and the methods used to eliminate and/or control those hazards.

(E) Terminate the entry and cancel the permit as required by the permit entry program.

(F) Verify that rescue services are available and that the means for summoning them are operable.

(G) Remove unauthorized individuals who enter or who attempt to enter the permit space during entry operations.

(H) Reevaluate the conditions within the space whenever responsibility for a permit space entry operation is transferred and at intervals dictated by the hazards and operations performed within the space.

(9) Rescue.

(a) Before employees enter a permit space, develop and implement procedures to remove entrants in the event of an emergency or when they are unable to evacuate without outside assistance. These procedures must include:

(A) The process for summoning rescue services.

NOTE: At a minimum, if an off-site rescue service is being considered, the employer must contact the service to plan and coordinate the evaluations required by the standard. Merely posting the service’s number or planning to rely on the 911 emergency phone number to obtain these services at the time of a permit space emergency would not comply with the rescue requirements of the standard.

(B) The process for summoning emergency medical services or transporting injured entrants to a medical facility.

(C) If an injured entrant is exposed to a substance for which a Safety Data Sheet (SDS) or other similar written information is required to be kept at the worksite, that SDS or written information must be made available to the medical facility treating the exposed entrant.

(b) Ensure rescue personnel can respond to a rescue call in a timely manner. Timeliness is based on the identified hazards of the space. Rescuers must be able to reach potential victims within an appropriate time frame based on the identified hazards of the permit space.

NOTE: When there are multiple entrants in a permit space, the rescue plan needs to address how all entrants will be removed in a timely manner.

(c) Ensure all rescuers, including non-entry, entry, and third-party, are knowledgeable in basic first aid and cardiopulmonary resuscitation (CPR). At least one member must be certified in first aid and CPR.

NOTE: Additional medical training, such as oxygen administration, the use of automated external defibrillators (AEDs), and personnel decontamination should be considered.

(d) Rescuers must practice performing permit space rescues prior to entry and no more than 12 months before an entry.

(A) The practice rescue must include every type of space in which the rescue team may perform rescues.

(B) The practice rescue must include removing persons, dummies, or manikins from the actual permit spaces, or representative spaces (simulated permit-required confined spaces) that have similar opening size, configuration, and accessibility issues as the actual permit spaces where rescue may be performed.

NOTE: Reliance upon “self rescue” does not constitute an acceptable rescue program.

(e) Where feasible, use non-entry retrieval systems or methods whenever an authorized entrant enters a permit space, unless it would increase the overall risk to the entrant or would not contribute to the rescue of the entrant.

(A) Non-entry Rescue. Use a retrieval system that meets the following requirements.

(i) Each authorized entrant must use a chest or full body harness, with a retrieval line attached at the center of the entrant’s back near shoulder level, above the entrant’s head, or at another point which you can establish presents a profile small enough for the successful removal of the entrant. Wristlets or ankle straps or other equally effective means may be used in lieu of the chest or full body harness if you can demonstrate that the use of a chest or full body harness is infeasible or creates a greater hazard and that the use of other methods are the safest and most effective alternative.

(ii) Attach the other end of the retrieval line to a mechanical device or fixed point outside the permit space so that rescue can begin as soon as the attendant becomes aware that rescue is necessary. Ensure a mechanical device is available to retrieve personnel from vertical type permit spaces more than 5 feet (1.52 m) deep.

(B) Entry Rescue.

(i) Where non-entry rescue is not feasible or would increase the overall risk to the entrant, designate a rescue team before employees enter any permit space.

(ii) Ensure the rescue team:

(I) Can efficiently rescue employees from permit spaces.

(II) Has the appropriate equipment to rescue employees from all permit spaces employees enter.

(iii) Inform each rescue team or service about the hazards they may confront when called to perform rescue.

(iv) Provide the rescue team or service with access to all permit spaces from which rescue may be necessary.

(v) Provide rescue team members with personal protective equipment (PPE) needed for safe entry and any other equipment required to safely conduct rescues.

(vi) Rescue team personnel must have the same training and proficiencies as a permit space entrant, attendant, and/or entry supervisor.

(vii) When a third-party rescue service is used, ensure that the service is:

(I) Aware that they are so designated and agree to it prior to entry.

(II) Capable of performing all required rescue operations.

(III) Knowledgeable in first aid and CPR, and at least one member is certified in first aid and CPR.

(10) Alternate Entry.

(a) Permit spaces may be entered without a permit when:

(A) All hazards have been eliminated; or

(B) All physical hazards, if any, have been eliminated and all atmospheric hazards are controlled with continuous ventilation.

NOTE: For purposes of this rule, tagout alone does not eliminate a hazard.

NOTE: Continuous ventilation does not eliminate atmospheric hazards. It only controls the hazards.

(b) Exception: Alternate entry cannot be used to enter a continuous system unless you can isolate the area to be entered from the rest of the space, can demonstrate that the conditions that caused the hazard or potential hazard no longer exist within the system during the entry, or can demonstrate that engulfment cannot occur and continuous ventilation in the area to be entered is sufficient to control atmospheric hazards.

(c) When employees enter permit spaces under alternate entry, you do not need to comply with the requirements of paragraphs (5), (6), (8), (9), (12), and (13) of this rule for those entries.

(d) Develop and implement procedures for each space that can be entered with alternate entry procedures. These procedures must address:

(A) Who can authorize alternate entry procedure and is responsible for ensuring safe entry conditions.

(B) The hazards of the space.

NOTE: When fall hazards (if any) have been addressed and all other physical hazards, if any, have been eliminated and all atmospheric hazards have been eliminated, or are controlled with continuous ventilation, alternate entry is allowed.

(D) The methods used to ensure that the hazards have been eliminated.

(E) The methods used to test the atmosphere within the space, where applicable, for all atmospheric hazards.

(F) The methods used to determine if unsafe conditions arise before or during entry.

(G) The criteria and conditions for evacuating the space during entry.

(H) The methods for training employees in these procedures.

(I) The methods for ensuring employees follow these procedures.

(e) When using ventilation to control atmospheric hazards:

(A) Use only properly calibrated direct-reading meters to test the atmosphere.

(B) Test the atmosphere for all identified atmospheric hazards before entering the space.

(C) Do not allow employees to enter until testing verifies that all identified atmospheric hazards are adequately controlled by the ventilation.

(D) Perform continuous monitoring for all atmospheric hazards during the entry.

(E) Immediately evacuate the space:

(i) When monitoring indicates the return of atmospheric hazards.

(ii) Upon any failure with the direct-reading instrument.

(iii) Upon any failure with the ventilation.

(iv) When a new hazard is introduced or conditions within the space change.

(f) Provide all employees who will conduct the entry or their representatives the opportunity to observe all activities used to comply with this section.

(g) Provide all employees who conduct entry an effective means of communication, such as a two-way radio, cell phone, or voice if other employees are present, to summon help while within the space.

(h) When a space is evacuated, it cannot be re-entered as an alternate entry unless:

(A) The conditions that necessitated the evacuation are corrected; and

(B) The re-entry is treated and documented as a new entry.

(i) Document each entry. This documentation must include:

(A) The location of the space.

(B) The hazards of the space.

(D) When applicable, the measures used to control the atmospheric hazards.

(E) When applicable, the identity of the direct-reading instruments used to test the atmosphere.

(F) When applicable, the results of the atmospheric testing.

(G) The date of the entry.

(H) The duration of the entry.

(I) When applicable, any and all conditions that required the evacuation of the space.

(J) The name, title, and signature of the person responsible for ensuring the safe entry conditions.

(j) Maintain this documentation for the duration of the entry at the location of the entry.

NOTE: Additional record retention requirements may apply under 1910.1020. “Access to Employee Medical and Exposure Records.”

(11) Training.

(a) Train each employee involved in permit space activities so they acquire the understanding, knowledge, and skills necessary to safely perform their duties, according to their assigned responsibilities.

(A) Provide training:

(i) For all new employees.

(ii) Before an employee is assigned permit space duties.

(iii) Before there is a change in an employee’s assigned duties.

(iv) When there is a hazard for which the employee hasn’t already been trained, or when there is a change in the hazards of an existing confined space.

(v) When there are changes to the permit program.

(vi) When the permit audit shows deficiencies.

(vii) Whenever there is a deviation from the established procedures or employee knowledge of the procedures is inadequate.

(B) Document employee training. Ensure the documentation:

(i) Contains the employee’s name, the name and signature of the trainer, and the date of training.

(ii) Contains the responsibilities for which they were trained.

(iii) Is available for inspection by employees and their authorized representative.

(b) Ensure each employee is proficient in their assigned duties.

(A) Provide all employees whose work operations are or may be in an area where permit spaces are present with a basic overview of:

(i) The permit space program.

(ii) The entry permit system.

(iii) The alternate entry procedures, if used.

NOTE: Awareness training is not required for employees whose exposure is negligible, such as office workers who walk in a parking lot that has a sewer manhole or workers entering a building with a baghouse near it, as long as those employees have no other exposures to permit spaces. Similarly, when all permit spaces cannot be accessed or opened by employees, awareness training is not required.

An example of this are spaces that are locked or require a specialized tool, access to the key or tool is controlled, and access without the key or tool would require extraordinary means (such as a chop saw or cutting torch).

(B) Provide this training:

(i) For all new affected employees.

(ii) For all employees whose duties change to include work in areas with permit spaces.

(iii) When inadequacies in an employee’s knowledge indicate that the employee has not retained the requisite understanding.

(iv) When there is a change in the permit program.

(v) When there are new or previously unidentified permit spaces.

(12) Multi-employer worksites.

(a) Unless you fall within an exemption under paragraph (4)(b), before employees of another employer enter permit spaces under your control, you must:

(A) Inform the employer and their employees:

(i) That the workplace contains permit spaces and can be entered only when the applicable requirements of this rule are met.

(ii) Of the identified hazards and your experience with each permit space they will enter.

(iii) Of any precautions or procedures you require to protect employees in or near spaces where the work will be performed.

(B) Coordinate entry operations with the employer, when employees of different employers will be working in or near the same permit spaces.

(i) The program followed during permit space entry, and

(ii) Any hazards confronted or created.

(b) When your employees enter a permit space under the control of another entity, at the conclusion of entry operations, inform the controlling contractor and host employer about the precautions and procedures you followed and any hazards that were present or that developed during entry operations.

(13) Records. Keep cancelled permits for at least one year from the date the permit expires for review (see paragraph (5)(g)).

NOTE: Additional record retention requirements may apply under 1910.1020 “Access to Employee Medical and Exposure Records.”

(14) Effective dates. For work covered under Division 3, Construction, these rules are effective as of March 1, 2015.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16
OSHA 5-2014, f. 10-20-14, cert. ef. 1-1-15
OSHA 6-2012, f. 9-28-12, cert. ef. 4-1-13

Or. Admin. R. 437-002-0154 Individual Locks

In addition to and not instead of the definition of "lockout device" in this section, the user must have the only key to each lock(s) or only the user may have the combination to each lock.

NOTE: This exemption of construction, agriculture and maritime employment was not adopted in Oregon. Lockout/ tagout rules continues to apply to all Oregon employers.)

NOTE: The following Oregon-initiated rule relates to 29 CFR 1910.147(c)(5):

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 12-2001, f. & cert. ef. 10-26-01
OSHA 2-1990, f. 1-19-90, cert. ef. 3-1-90

Or. Admin. R. 437-002-0156 Heat Illness Prevention

(1) Scope and application. This standard applies whenever an employee performs work activities, whether in indoor or outdoor environments, where the heat index (apparent temperature) equals or exceeds 80 degrees Fahrenheit.

(a) The following workplaces and operations are exempt from the requirements of this standard.

(A) Incidental heat exposures where an employee is not required to perform work activities for more than 15 minutes in any sixty-minute period.

(B) Exposures to heat generated from the work process – such as occurs in bakeries – is not subject to this standard. In such cases, employers must follow the requirements of OAR 437-002-0144(2).

(C) All emergency operations that are directly involved in the protection of life or property, or the restoration of essential services, such as evacuation, rescue, medical, structural firefighting, law enforcement, utilities, and communications, when employees are engaged in those operations.

(D) Buildings and structures that have a mechanical ventilation system that keeps the heat index below 80 degrees Fahrenheit.

(b) The following workplaces and operations are partially exempt from certain requirements of this standard.

(A) Employers whose employees perform either “rest” or “light” workloads, as defined in Table 1.1 of Appendix A: Mandatory Information for Heat Illness Prevention, are exempt from the requirements of sections (3) through (10) only when the heat index is less than 90 degrees Fahrenheit.

(B) Associated support activities for wildland firefighters, such as fire camp services and fire management, are exempt only from the requirements of section (7).

(2) Definitions.

(a) Acclimatization - Temporary adaptation of the body to work in the heat that occurs gradually when a person is exposed to it. Acclimatization peaks in most people within seven to fourteen days of regular work for at least two hours per day in the heat. This time frame applies to fit individuals with no underlying medical conditions.

(b) Drinking water - Potable water that is suitable to drink and that is cool (66 oF – 77 oF) or cold (35 oF – 65 oF).

(c) Heat Illnesses - Medical conditions resulting from the body's inability to cope with a particular heat load, and includes heat cramps, heat exhaustion, heat syncope, and heat stroke.

(d) Shade - Blockage of direct sunlight is shade. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight. Shade is not sufficient when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool. For example, a car sitting in the sun does not provide acceptable shade to a person inside it, unless the car is running with working air conditioning. Shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions, and that does not deter or discourage access or use.

(e) Temperature-controlled environment – an indoor setting where the temperature is maintained with a mechanical cooling system.

(3) Access to shade. Establish and maintain one or more shade areas that are immediately and readily available to exposed employees that are outdoors when the heat index in the work area equals or exceeds 80 degrees Fahrenheit. The shade areas must meet the following criteria:

(a) The shade area must either be open to the outside air (at least three open sides) or provide mechanical ventilation for cooling.

(b) The amount of shade present must be at least enough to accommodate the number of employees on recovery or rest period, so that they can sit in a normal posture fully in the shade. Employees must remove any PPE that retains heat, such as chemical resistant suits, during recovery and rest periods.

(d) Shade present during meal periods must be large enough to accommodate the number of employees on the meal period that remain onsite.

(e) If trees or other vegetation are used to provide shade, such as in orchards or forests, the thickness and shape of the shaded area must provide sufficient shadow to protect employees.

(4) Drinking water. Ensure that a sufficient supply of drinking water is immediately and readily available to exposed employees at all times, at no cost, when the heat index in the work area equals or exceeds 80 degrees Fahrenheit.

(a) Supplied drinking water must be either cool or cold, see subsection (2)(b).

(b) Supply each employee with enough drinking water to enable them to consume up to 32 ounces per hour. Employers are not required to supply the entire quantity of drinking water needed for all employees on a full shift at the beginning of the shift. Employers may begin the shift with smaller quantities of drinking water when effective procedures are established to replenish the water consumed during the shift.

(5) High-heat practices. When engineering controls (such as fans or air conditioning) and administrative controls (such as scheduling work during the cooler part of the day or limiting an employee’s exposure) do not reduce an employee’s exposure to a heat index of less than 90 degrees Fahrenheit, implement and maintain high-heat practices and procedures by following subsections (5)(a) through (e) below.

(a) Communication must occur in a language and vocabulary readily understood by all employees, by voice, electronic, or other equally-effective means, so that employees at the worksite can contact a supervisor at any time, when necessary. An electronic device, such as a cell phone, may be used for this purpose only if reception in the area is constant and reliable.

(b) Implement one or more of the following to promptly identify any employee suspected of experiencing heat-related illness:

(A) Regular communication with employees working alone, such as by radio, cellular phone, or other alternative means;

(B) Create a mandatory buddy system; or

(c) Designate and equip one or more employees at each worksite as authorized to call for emergency medical services, and allow other employees to call for emergency services when designated employees are not immediately available; such a practice supplements existing requirement to ensure that emergency medical care is immediately available in all workplaces, as required by OAR 437-002-0161(4), 29 CFR 1910.50, or OAR 437-007-0220.

(d) When employees work in buildings and structures that do not have a mechanical ventilation system, employers must:

(A) Directly measure the temperature and humidity in these places at the same time and location when occupied by employees to determine the current indoor heat index;

(B) Use the National Institute for Occupational Safety and Health’s (NIOSH) Heat Safety Tool app to determine the heat index outside of the building or structure and assume that it is the same inside (See section 2 in Appendix A: Mandatory Information for Heat Illness Prevention); or

(C) If the structure is designed or otherwise known to be affected by outdoor humidity, for example, hoop houses and greenhouses in nursery operations, the employer must measure and use the actual humidity inside the structure.

(e) Develop and implement a written heat illness prevention rest break schedule that protects employees exposed to a heat index equal to or greater than 90 degrees Fahrenheit. Employers must choose and implement only one of the three options; choose either (A), (B), or (C) as described below.

(A) Employer-designed heat illness prevention rest break schedule: Implement a written employer-specific, heat illness prevention rest break schedule using the minimum rest break durations and intervals in Table 1. Employers must protect employees from heat illness by integrating the elements in subsections (i) through (iv) into to their heat illness prevention rest break schedule, which may increase the duration or interval of the rest break beyond the minimum requirements to be protective.

(i) The effect of personal protective equipment (PPE) on the body’s ability to retain heat;

(ii) The effect of the type of work clothing on the body’s ability to retain heat;

(iii) Relative humidity, whether work activities are indoors or outdoors; and

(iv) The intensity of the work being performed.

(B) NIOSH work/rest schedule: Implement a written heat illness prevention rest break schedule using the information found in section 3 of Appendix A: Mandatory Information for Heat Illness Prevention based on NIOSH recommendations.

(C) Simplified heat illness prevention rest break schedule: Implement a written simplified heat illness prevention rest break schedule using Table 2.

(f) The heat illness prevention rest breaks under subsection (5)(e) are only required during the specified heat index, and may be provided concurrently with any other meal or rest period required by policy, rule or law – if the timing of the preventative rest break coincides with the otherwise required meal or rest period. However, the heat illness prevention rest break must be calculated using only the time spent in the shade and when employees are not performing work other than “rest” or “light” work. The requirement for heat illness prevention rest breaks does not prohibit “rest” or “light” work-related activities conducted in a temperature-controlled environment, such as paperwork, at the discretion of the employee.

(g) Except when the heat illness prevention rest breaks coincide with the existing unpaid meal break, the heat illness prevention rest break is a work assignment. Heat illness prevention rest breaks are only required during the time of the shift that the heat index equals or exceeds 90 degrees Fahrenheit.

(6) Emergency medical plan. The employer’s Emergency Medical Plan must address employee exposure to excessive heat, in accordance with OAR 437-002-0161(4). When employers are performing Construction activities, they must also comply with 29 CFR 1926.50. For those employers that fall under Division 7 Forest activities, they must comply with OAR 437-007-0220. These plans must address the types medical situations that employees could encounter, including those conditions relating to excessive heat exposure.

(7) Acclimatization plan. Develop and implement an acclimatization plan and procedures in writing. Employers must choose between two options, either (a) or (b) as described below, and implement the chosen plan.

(a) Employer-designed acclimatization plan option: Employers who develop their own acclimatization plan must integrate and implement the following factors into their program:

(A) Acclimated and unacclimated workers;

(B) The effects of clothing and personal protective equipment on adding to the heat burden of workers;

(D) Re-acclimatizing workers as necessary, either due to changes in the weather or a worker spending more than seven days away from the job; and

(E) The use and maintenance of auxiliary cooling systems such as water-cooled garments, air-cooled garments, cooling vests, and wetted overgarments.

(b) NIOSH acclimatization plan option: Employers that choose not to develop their own acclimatization plan must follow the acclimatization plan developed by the Centers for Disease Control and Prevention and NIOSH; see section 4, Appendix A: Mandatory Information for Heat Illness Prevention.

(8) Heat illness prevention plan. Develop, implement, and maintain an effective heat illness prevention plan in writing. The plan must be made available at the worksite to employees and to Oregon OSHA upon request. The plan must contain at least the following information:

(a) How employees will be trained on the hazards of heat exposure and the necessary steps to prevent heat-related illnesses;

(b) How to recognize the symptoms of dehydration, and how to respond to suspected heat-related illnesses in others;

(d) How employees will be provided frequent opportunities and encouragement to stay hydrated by drinking water;

(e) How employees will be provided sufficient space to rest in a shaded area or cool climate-controlled area, and where heat-affected employees may cool off and recover when signs and symptoms of heat-related illnesses are recognized;

(f) How the employer will implement the heat illness prevention rest break schedule when necessary to keep employees safe; and

(g) How the employer will implement heat acclimatization procedures for new employees or employees returning to work from extended absences of seven or more days.

(9) Supervisor and employee training. Provide heat illness prevention training to all employees, including new employees, supervisory and non-supervisory employees in a language and vocabulary readily understood, and in a manner that facilitates employee feedback. Such training must be provided annually before employees begin work that should reasonably be anticipated to expose them to the risk of heat illness, and include at least the following:

(a) The environmental and personal risk factors (for example, chronic obstructive pulmonary disease, asthma, kidney disease, obesity, etc.) for heat illness that may limit an individual’s tolerance to excessive heat, as well as the added burden of heat load on the body caused by exertion, clothing (See section 5 in Appendix A: Mandatory Information for Heat Illness Prevention), and personal protective equipment;

(b) The employer's procedures for complying with the requirements of this standard, including, but not limited to, the employer's responsibility to provide water, heat index information (including the risks to experiencing a heat-related illness), shade, preventative rest breaks, and access to first aid, as well as how employees can exercise their rights under this standard without fear of retaliation;

(c) The importance of frequent consumption of small quantities of water, up to 32 ounces per hour, when the work environment is hot and employees are likely to be sweating more than usual in the performance of their duties;

(d) The concept, importance, and methods of the acclimatization plan pursuant to the employer's procedures under section (8);

(e) The different types of heat illness, the common signs and symptoms of heat illness, and the appropriate first aid and emergency response to the different types of heat illness, including how heat illness may progress quickly from mild signs and symptoms to a serious and life-threatening condition;

(f) The importance for employees to immediately report to the employer, directly or through the employee's supervisor, signs and symptoms of heat illness in themselves or in others; and

(g) The effects of nonoccupational factors (drugs, alcohol, obesity, etc.) on tolerance to occupational heat stress.

(10) Training documentation. Verify compliance with section (9) by preparing and maintaining written or electronic training records that can be provided to Oregon OSHA upon request. Such records must contain the name or identification of each employee trained, the date(s) of the training, and the name of the person who conducted the training. The most recent annual training record for each affected employee must be maintained.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 3-2022, adopt filed 05/09/2022, effective 06/15/2022

Or. Admin. R. 437-002-0161 Medical Services and First Aid

(1) Definitions.

(a) “Emergency medical service” is the provision of care by a medically trained person, whether this service is provided by a hospital, clinic, ambulance, disaster car, or rescue vehicle.

(b) “In proximity” is defined as that which is available nearby to ensure prompt treatment in the event of need.

(c) “Qualified first aid person” means a person with evidence to show valid (current) first aid training by the American Red Cross or equivalent.

(2) First Aid Supplies.

(a) The employer shall provide first aid supplies based upon the intended use and types of injuries that could occur at the place of employment. The first aid supplies shall be available in close proximity to all employees. Either bulk pack or unit pack supplies are acceptable.

(b) First aid supplies must be stored in containers adequate to protect the contents from damage, deterioration, or contamination. The container shall be clearly marked, available when needed and must not be locked, but may be sealed.

NOTE:Supplies such as gloves and a mouth barrier device are considered personal protective equipment, and are regulated by OAR 437-002-0134 in Division 2/I, Personal Protective Equipment.

NOTE: The Safety Code for Motor Vehicle Transportation of Workers (Rule 735 120 000) adopted by the Motor Vehicles Division of the Department of Transportation contains requirements for the first aid kit which is required when school buses are used to transport workers. In addition, the Public Utilities Commission has adopted Federal Motor Carrier Safety Regulations which apply to for hire buses.

(3) Personnel.

(a) The employer shall ensure the ready availability of emergency medical services for the treatment of all injured employees.

(b) Where emergency medical services are not in proximity to the place of employment, a qualified first aid person shall be available.

NOTE: More specific requirements for first aid training are found in: 1910.94, Ventilation, in Division 2/G; OAR 437-002-0118, Reinforced Plastics, in Division 2/H; 1910.120, Hazardous Waste Operations and Emergency Response, in Division 2/H; 1910.252 in Division 2/Q, Welding, Cutting and Brazing; OAR 437-002-0304, Ornamental Tree & Shrub Services, in Division 2/R; 1910.268, Telecommunications, in Division 2/R; Division 2/T, Commercial Diving Operations.

(4) Emergency Medical Plan.

(a) An emergency medical plan to ensure the rapid provision of medical services to employees with major illnesses and injuries shall be developed. In such cases, the employer shall determine that the service will be available in an emergency.

(b) If a physician or an ambulance with Emergency Medical Technicians is readily accessible to the place of employment, then the minimum emergency medical plan must contain the emergency telephone number of the ambulance service. The emergency telephone number shall be posted conspicuously at the place of employment.

(c) Employers in areas with a designated 911 telephone number may utilize the 911 service in lieu of posting the specific ambulance telephone number.

(d) If the place of employment is not in proximity to emergency medical services, then the employer shall have, in addition to the information required in 437-002-0161(4)(a), a definite plan of action to be followed in the event of serious injury to an employee. The plan of action shall consist of the arrangements for:

(A) Communication. Two-way radio, telephone, or provision for emergency communication to contact the emergency medical services.

(B) Transportation. Availability of transportation to a point where an ambulance can be met or to the nearest suitable medical facility. Vehicles provided for this purpose shall be available at all times, shall have right of way over all vehicles or equipment under the control of the employer, and shall be equipped so that due consideration can be given to the proper care and comfort of the injured employee.

(D) All employees shall be knowledgeable concerning the qualified first aid person(s), the first aid requirements, and emergency medical plan.

(5) Emergency Eyewash and Shower Facilities.

(a) Where employees handle substances that could injure them by getting into their eyes or onto their bodies, provide them with an eyewash, or shower, or both based on the hazard.

(A) Emergency eyewash and showers must meet the following:

(i) Locate it so that exposed employees can reach it and begin treatment in 10 seconds or less. The path must be unobstructed and cannot require the opening of doors or passage through obstacles unless other employees are always present to help the exposed employee.

(ii) Water must flow for at least 15 minutes.

(iii) Install the equipment according to the manufacturer’s instructions.

(iv) The eyewash must have valves that stay open without the use of the hands. The shower must not be subject to unauthorized shut-off.

(v) Follow the system manufacturer’s criteria for water pressure, flow rate and testing to assure proper operation of the system.

(vi) Emergency shower and eyewash facilities must be clean, sanitary and operating correctly.

(vii) In self-contained systems, do not use solutions or products past their expiration date.

NOTE: If the employer can demonstrate, with the support of a physician board certified in ophthalmology, toxicology or occupational medicine, that an alternative eyewash solution is adequate for their specific hazard, OR-OSHA will accept that solution. An example would be a buffered isotonic solution preserved with a suitable antibacterial agent, that may be less irritating when used in a 15-minute flush.

(b) If the product label, MSDS or other information about the expected contaminant gives treatment instructions different from those required in this section, follow the most protective of those instructions.

(c) If the contaminant manufacturer requires specific decontaminants or procedures, you must provide them in addition to the eyewash or shower. The employer must assure this treatment is available.

(d) If eyewash facilities or showers can freeze, take protective measures to prevent freezing.

[ED. NOTE: Appendices referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 757.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2012, f. & cert .ef. 4-10-12
OSHA 1-2005, f. & cert. ef. 4-12-05
OSHA 1-2000, f. & cert. ef. 1-28-00
OSHA 2-1993, f. & cert. ef. 2-3-93
WCB 4-1976, f. 4-5-76, ef. 4-15-76
WCB 4-1975, f. 10-6-75, ef. 11-1-75
WCB 13-1979, f. & ef. 7-7-75

Or. Admin. R. 437-002-0170 Worker Protection Standard

Oregon OSHA administers and enforces the pesticide Worker Protection Standard (WPS – 40 CFR 170) as adopted in OAR 437-004-6000. When a pesticide product with Worker Protection Standard language (“Agricultural Use Requirements”) on the product label is used on plants grown or maintained for sale or resale, such as those at retail nurseries or greenhouses, the WPS applies. Plants grown or maintained for sale or resale include but are not limited to food, feed and fiber plants; ornamental trees and shrubs; turfgrass sod; flowering plants and seedlings. This is consistent with the Environmental Protection Agency’s interpretation and application of the WPS. All parts of the WPS apply (without regard to the scope of Division 4) in addition to, and not instead of, any other part of Division 2, General Industry. Should any conflict exist between the WPS and other Division 2 rules, the employer must comply with the rule offering the most protection to workers. A full text of the Worker Protection Standard is found in Division 4, Agriculture, Subdivision W.

NOTE: 437-002-0170 Worker Protection Standard does not apply when any pesticide is applied in the following circumstances: (See 437-004-6000, 170.303(b))

(1) As part of government-sponsored public pest control programs over which the owner, agricultural employer and handler employer have no control, such as mosquito abatement and Mediterranean fruit fly eradication programs.

(2) On plants other than agricultural plants, which may include plants in home fruit and vegetable gardens and home greenhouses, and permanent plantings for ornamental purposes, such as plants that are in ornamental gardens, parks, public or private landscaping, lawns or other grounds that are intended only for aesthetic purposes or climatic modification.

(3) For control of vertebrate pests, unless directly related to the production of an agricultural plant.

(4) As attractants or repellents in traps.

(5) On the harvested portions of agricultural plants or on harvested timber.

(6) For research uses of unregistered pesticides.

(7) On pasture and rangeland where the forage will not be harvested for hay.

(8) In a manner not directly related to the production of agricultural plants, including, but not limited to structural pest control and control of vegetation in non-crop areas.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001–654.295
OSHA 1-2017, f. 2-14-17, cert. ef. 1-1-18
OSHA 9-2009, f. & cert. ef. 9-21-09

Or. Admin. R. 437-002-0180 Adoption by Reference

In addition to and not in lieu of, any other health and safety codes contained in OAR Chapter 437, the Department adopts by reference the following federal regulations printed as part of the Code of Federal Regulations, 29 CFR 1910, in the Federal Register:

(1) 29 CFR 1910.155 Scope, application and definitions applicable to this subpart, published 4/12/88, FR vol. 53, p. 12122.

(2) 29 CFR 1910.156 Fire brigades, published 12/12/08, FR vol. 73, no. 240, pp. 75568-75589; amended with OR-OSHA Admin. Order 1-2012, f. and ef. 4/10/12.

(3) 29 CFR 1910.157 Portable fire extinguishers. REPEALED with OR-OSHA Admin. Order 7-2007, f. and ef. 11/8/07.

(4) 29 CFR 1910.158 Standpipe and hose systems, published 3/7/96, FR vol. 61, no. 46, p. 9239.

(5) 29 CFR 1910.159 Automatic sprinkler systems, published 5/1/81, FR vol. 46, p. 24557.

(6) 29 CFR 1910.160 Fixed extinguishing systems, general, published 9/12/80, FR vol. 45, p. 60711; amended with AO 12-2001, Oregon note added, f. and ef. 10/26/01.

(7) 29 CFR 1910.161 Fixed extinguishing systems, dry chemical, published 9/12/80, FR vol. 45, p. 60712.

(8) 29 CFR 1910.162 Fixed extinguishing systems, gaseous agent, published 5/1/81, FR vol. 46, p. 24557.

(9) 29 CFR 1910.163 Fixed extinguishing systems, water spray and foam, published 9/12/80, FR vol. 45, p. 60712.

(10) 29 CFR 1910.164 Fire detection systems, published 9/12/80, FR vol. 45, p. 60713; amended with AO 12-2001, Oregon note added, f. and ef. 10/26/01.

(11) 29 CFR 1910.165 Employee alarm systems, published 9/12/80, FR vol. 45, p. 60713.

(12) Appendix A to Subpart L — Fire protection, published 9/12/80, FR vol. 45, p. 60715; amended 5/1/81, FR vol. 46, p. 24557; amended with OR-OSHA Admin. Order 1-2012, f. and ef. 4/10/12.

(13) Appendix B to Subpart L — National consensus standards, published 9/12/80, FR vol. 45, p. 60715; amended 6/30/93, FR vol. 58, no. 124, p. 35309.

(14) Appendix C to Subpart L — Fire protection references for further information, published 9/12/80, FR vol. 45, p. 60715; amended 6/30/93, FR vol. 58, no. 124, p. 35309.

(15) Appendix D to Subpart L — Availability of publications incorporated by reference in Section 1910.156, Fire Brigades, published 9/12/80, FR vol. 45, p. 60715; amended 6/30/93, FR vol. 58, no. 124, p. 35309; 3/7/96, FR vol. 61, no. 46, p. 9239.

(16) Appendix E to Subpart L — Test methods for protective clothing, published 9/12/80, FR vol. 45, p. 60715; amended 5/1/81, FR vol. 46, p. 24557.

These standards are available from the Oregon Occupational Safety and Health Division (OR-OSHA), Department of Consumer and Business Services, and the United States Government Printing Office.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2012, f. & cert .ef. 4-10-12
OSHA 5-2009, f. & cert. ef. 5-29-09
OSHA 7-2007, f. & cert. ef. 11-8-07
OSHA 12-2001, f. & cert. ef. 10-26-01
OSHA 2-1999, f. & cert. ef. 4-30-99
OSHA 3-1998, f. & cert. ef. 7-7-98
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 14-1993, f. 8-37-93, cert. ef. 11-1-93

Or. Admin. R. 437-002-0182 Oregon Rules for Fire Fighters

(1) Scope and Application. These rules apply to public and private employers who engage in structural fire service activities, including emergency first response.

Note: Employers subject to 437-002-0182 must comply with provisions of other applicable Oregon OSHA safety and health rules.

(2) Exceptions. These rules do not apply to the following firefighting activities:

(a) Private industry fire brigades covered under 1910.156, Division 2/L, Fire Protection.

(b) Forest and uncultivated wildland firefighting covered under Division 7/N, Wildland Fire Suppression and Prescribed Fire.

(d) Aircraft firefighting and rescue covered under CFR title 49, Transportation.

Note: Structural fire protection services who engage in activities listed under 437-002-0182(2)(a) through (d), must also comply with the applicable standard for the activity.

(3) Definitions.

(a) Aerial device — An aerial ladder, elevating platform, aerial ladder platform, or water tower that is designed to position personnel, handle materials, provide egress and discharge water.

(b) ANSI — American National Standards Institute.

(d) Certified — Attested or confirmed in a formal written statement, or someone or something officially recognized as possessing certain qualifications or meeting certain standards.

(e) Confined space — A space that meets all of the following:

(A) Large enough and so configured that an employee can fully enter the space and perform work; and

(B) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and

(f) Designee — A person who has been officially chosen to do or be something.

(g) DOT — Department of Transportation.

(h) DPSST — Department of Public Safety Standards and Training.

(i) Drill tower — A structure, which may or may not be attached to the station, that is over two stories high and primarily used for non-classroom firefighter training in fire service techniques.

(j) Emergency incident — Any situation where a fire department delivers emergency services, rescue, fire suppression, medical treatment, and other forms of hazard control and mitigation.

(k) Emergency scene — The site where the suppression of a fire or the emergency exists.

(l) Enclosed structure — A structure with a roof or ceiling and at least two walls which may present fire hazards to employees, such as accumulations of smoke, toxic gases and heat, similar to those found in buildings.

(m) Firefighter — A person involved in performing fire department duties and responsibilities, including fire suppression, who may be a career or volunteer member of a fire department and may occupy any position or rank within the fire department.

(n) Fire ground — An emergency scene or location where firefighting or live fire training activities occur.

(o) Fire training — Training received by firefighters to maintain proficiency in performing their assigned duties.

(p) Hazardous material incident — The accidental release of hazardous materials from their containers.

(q) Helmet — An element of the protective ensemble designed to provide minimum protection to the user’s head against impact, flying or falling objects, electric shock, penetration, heat, and flame.

(r) Hose tower — A vertical structure where a hose is hung to dry.

(s) IFSTA — International Fire Service Training Association.

(t) IMS — Incident Management System. Also referred to as an Incident Command System (ICS).

(u) Immediately dangerous to life or health (IDLH) —An atmosphere that poses an immediate threat to life, would cause irreversible adverse health effects, or would impair an individual’s ability to escape from a dangerous atmosphere.

(v) Incipient stage fire — A fire which is in the initial or beginning stage and which can be controlled or extinguished by portable fire extinguishers, Class II standpipe or small hose systems without the need for protective clothing or breathing apparatus.

(w) Interior structural firefighting — The physical activity of fire suppression, rescue or both, inside of buildings or enclosed structures which are involved in a fire situation beyond the incipient stage.

(x) Live fire training — Any fire set within a structure, tank, pipe, pan, etc., under controlled conditions to facilitate firefighter training under actual fire conditions.

(y) NFPA — National Fire Protection Association.

(z) NIOSH — National Institute of Occupational Safety and Health.

(aa) Private Industry Fire Brigades — A group of employees who are required to fight interior structural fires at their place of employment.

(bb) Protective ensemble — The clothing and personal protective equipment worn to provide limited protection to the user’s head, body, and extremities from thermal, physical, chemical, and health hazards. Protective ensemble elements include firefighting coats and trousers, helmets, hoods, gloves, footwear, eye and face protection devices, and respirators.

(cc) Qualified — Certified as being trained to perform a particular job or activity.

(dd) Respirators:

(A) Atmosphere-supplying respirator is a respirator that supplies the user with air from a source independent of the ambient atmosphere and includes supplied-air respirators (SARS) and self-contained breathing apparatus (SCBA) units.

(B) Air-purifying respirator is a respirator with an air-purifying filter, cartridge, or canister that removes specific air contaminants by passing ambient air through the air-purifying element.

(C) Positive pressure demand respirator is a respirator in which the pressure inside the respiratory inlet covering exceeds the ambient air pressure outside the respirator.

(D) Pressure-demand respirator is a positive pressure atmosphere-supplying respirator that admits air to the facepiece when the positive pressure is reduced inside the facepiece by inhalation.

(E) Self-Contained Breathing Apparatus SCBA is a self-contained breathing apparatus designed to provide the wearer with a supply of respirable air carried in and generated by the breathing apparatus. This apparatus requires no intake of oxygen from the outside atmosphere and can be designed to be a demand or pressure-demand type respirator.

(F) Supplied-air respirator (SAR) or airline respirator is an atmosphere-supplying respirator for which the source of breathing air is not designed to be carried by the user.

(ee) Responder — A certified person who has the responsibility to respond to an emergency incident.

(ff) Station (Fire station) — Structure to house the fire service apparatus and personnel.

(gg) Tailboard — Standing space at rear of a fire apparatus where firefighters stand to access and reload hose and/or equipment.

(hh) Training — Instruction with hands-on practice in the operation of equipment, including respiratory protection equipment, that is expected to be used and in the performance of assigned duties.

(ii) Warning light — A flashing or rotating light.

(4) Organizational statement.

(a) The employer must develop and implement a written statement or policy that includes basic organizational structure, basic functions of the organization, and type, amount, and frequency of training to be provided.

(b) This statement must be made available for inspection by Oregon OSHA and by fire department employees or their designated representatives.

(5) Personnel.

(a) The employer must review and evaluate the physical capability of each firefighter annually to determine their ability to perform duties that may be assigned. The review and evaluation will be accomplished through physical examination, stress testing, or satisfactory performance demonstrated during the performance of their assigned duties.

(b) The employer must not permit a firefighter with a known medical condition that would significantly impair their ability to engage in fire suppression activities at the emergency scene unless a physician’s certificate of the firefighter’s fitness to participate in such activities is provided to the employer. This will not limit the employer’s ability to assign firefighters to support activities (versus fire suppression activities).

(6) Employer’s Responsibility.

(a) Each employer must comply with the provisions of this Division to protect the life, safety, and health of employees.

(b) It is the responsibility of the employer to establish and supervise:

(A) A safe and healthful working environment, as it applies to nonemergency conditions or to emergency conditions at the scene after the incident has been terminated, as determined by the officer in charge.

(B) Programs for training employees in the fundamentals of accident prevention.

(d) The employer must ensure that firefighters who participate in exempted firefighting activities listed under 437-002-0182(2) are properly trained, protected, clothed, and equipped for the known hazards of that particular emergency operation.

(7) Employee’s Responsibility.

(a) Each firefighter must comply with the requirements of 437-002-0182 that are applicable to their own actions and conduct in the course of their employment.

(b) Firefighters must notify the appropriate employer or safety committee representative of unsafe practices, equipment, or workplace conditions.

(c) All firefighters, at regularly scheduled times, must attend required training and orientation programs designed to increase their competency in occupational safety and health.

(d) Firefighters and other employees must apply the principles of accident prevention in their work. They must use all required safety devices and protective equipment.

(e) Each firefighter must take proper care of their protective equipment.

(f) Firefighters who are expected to perform firefighting operations must notify their employer when health conditions arise that will limit their capability of performing those duties.

(8) Safety Committee.

(a) Fire departments must have a separate safety committee or hold safety meetings according to the requirements of Division 1, 437-001-0765, Safety Committees and Safety Meetings.

(b) When applicable, the representation on the safety committee must include both career and volunteer firefighters.

(9) Incident Management.

(a) The employer must develop and implement written procedures for incident management that meets the requirement of NFPA 1561 (2008): Standard on Emergency Services Incident Management System.

(b) These procedures must apply to all employees involved in emergency operations.

(10) Accountability. The employer must develop and implement written procedures for a personnel accountability system that meets the requirement of NFPA 1561 (2008): Standard on Emergency Services Incident Management System.

(11) Firefighting Education and Training.

(a) The employer must develop and implement a policy for appropriately educating and training all department firefighting classifications (ranks) before they perform assigned duties.

(b) Firefighters who participate in interior structural firefighting activities must be trained according to NFPA 1001 (2013): Standard for Fire Fighter Professional Qualifications (Fire Fighter I), or they must meet the training levels required under 437-002-0182(11)(c) and be under the direct supervision of a firefighter trained to NFPA Fire Fighter I or higher.

Note: Department of Public Safety Standards and Training (DPSST) certification for NFPA Fire Fighter I or higher satisfies the training requirement in 437-002-0182(11)(b) but is not required by these rules.

(c) Firefighters who participate in live fire training in a structure, or only in structural firefighting activities not covered under 437-002-0182(11)(b), must be trained to meet the minimum job performance requirements for NFPA Fire Fighter I as prescribed by NFPA 1403 (2012): Standard on Live Fire Training Evolutions (Student Prerequisites).

(d) All live fire training must be conducted following the requirements of NFPA 1403 (2012): Standard on Live Fire Training Evolutions, or Appendix A (Mandatory), Minimum Requirements for Live Fire Training, of this standard.

(e) Live fire training must be conducted under the direction of the fire department’s training officer or employer authorized representative.

(12) General Requirements for Protective Ensembles.

(a) Protective ensembles must protect the user’s head, body, and extremities. Protective ensembles consist of the following elements: body protection; head protection; hand protection; foot and leg protection; eye and face protection; and respiratory protection.

Note: Employees must be protected from noise that exceeds the levels in Division 2/G, 1910.95, Occupational Noise Exposure.

(b) The employer must provide employees all protective ensemble elements at no cost to employees. The employer must not allow employee-owned protective ensemble elements that do not comply with the requirements under 437-002-0182(13) through (18) to be used for structural firefighting. See Appendix B (Non-mandatory), General Information and Recommendations, of this standard.

(c) Employees must wear all appropriate protective ensembles elements that meet the requirements under 437-002-0182(13) through (18) when engaged in interior structural firefighting.

(d) In situations other than interior structural firefighting, employees must wear the appropriate protective ensemble elements for the known hazards of that particular emergency operation.

(13) Body Protection. All structural firefighting coats and trousers must be at least equivalent to the requirements of NFPA 1971 (1991): Standard on Protective Clothing for Structural Fire Fighting. Structural firefighting coats and trousers purchased on or after July 1, 2016, must be at least equivalent to the requirements of NFPA 1971 (2013): Standard on Protective Ensemble for Structural Fire Fighting.

(14) Head Protection.

(a) All structural firefighting helmets must be at least equivalent to the requirements of NFPA 1971 (2000): Standard on Protective Ensemble for Structural Firefighting. Structural firefighting helmets purchased on or after July 1, 2016, must be at least equivalent to the requirements of NFPA 1971 (2013): Standard on Protective Ensemble for Structural Fire Fighting.

(b) Structural firefighting helmets must consist of a rigid shell; an energy absorbing system; a retention system; florescent and retroreflective trim; ear covers; and either a faceshield or goggles, or both.

(d) Care, maintenance, and alteration of helmets must conform to the manufacturer’s recommendations.

(e) During structural firefighting, helmet accessories designed to provide or maintain protection from health and safety hazards must be worn in the manufacturer’s recommended position. See Appendix B (Non-mandatory), General Information and Recommendations, of this standard.

(f) All flame-resistant protective hoods must be at least equivalent to the requirements of NFPA 1971 (1997): Standard on Protective Ensembles for Structural Fire Fighting. Flame-resistant protective hoods purchased on or after July 1, 2016, must be at least equivalent to the requirements of NFPA 1971 (2013): Standard on Protective Ensemble for Structural Fire Fighting.

(g) A flame-resistant protective hood that will not adversely affect the seal of a respirator facepiece must be worn during interior structural firefighting operations to protect the sides of the face and hair.

(15) Hand Protection.

(a) All structural firefighting hand protection must be at least equivalent to the requirements of NFPA 1973 (1988): Standard on Gloves for Structural Fire Fighting. Structural firefighting hand protection purchased on or after July 1, 2016, must be at least equivalent to the requirements of NFPA 1971 (2013): Standard on Protective Ensemble for Structural Fire Fighting.

(b) Hand protection for structural firefighting activities must consist of protective gloves or glove system that will provide protection against cut, puncture, and heat penetration.

(16) Foot and Leg Protection.

(a) All structural firefighting protective footwear must be at least equivalent to the requirements of NFPA 1971 (1997): Standard on Protective Ensembles for Structural Fire Fighting. Structural firefighting protective footwear purchased on or after July 1, 2016, must be at least equivalent to the requirements of NFPA 1971 (2013): Standard on Protective Ensembles for Structural Fire Fighting.

(b) Resoled firefighting footwear must comply with the applicable NFPA standard under 437-002-0182(16)(a).

Note: Employees using chain saws for non-firefighting activities must wear chaps or leg protectors in accordance with Division 2/I, 437-002-0134, Personal Protective Equipment.

(17) Eye and Face Protection.

(a) Face protection must be used where there is a reasonable probability of injury that can be prevented by such protection. When face protection does not protect the eyes from foreign objects, additional protection for the eyes must be used.

(b) The employer must make available eye and face protection devices suitable for the work performed, and employees must use such protection devices as required by 437-002-0182(17)(a).

(d) Eye and face protection devices worn by firefighters at the fire ground must comply with the following minimum requirements:

(A) They must comply with any of the following consensus standards:

(i) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye and Face Protection Devices;

(ii) ANSI Z87.1-2003, American National Standard Practice for Occupational and Educational Eye and Face Protection; or

(iii) ANSI Z87.1-1989 (R-1998), American National Standard Practice for Occupational and Educational Eye and Face Protection.

(B) They must be reasonably comfortable when worn under the designated conditions.

(D) They must be capable of being disinfected.

(E) They must be easy to clean.

(e) Faceshields, when used, must be an integral part of the firefighting helmet and may be installed in a fixed position or hinged allowing adjustment of the shields. Face shields must accommodate any of the following styles:

(A) Clear transparent

(B) Colored transparent

(f) Goggles, when used, must consist of a fully flexible frame, a lens holder or a rigid frame with integral lens or lenses, and a separate cushioned fitting surface on the full periphery of the facial contact area.

(A) Materials used for goggles must be chemical-resistant, nontoxic, nonirritating and slow-burning.

(B) There must be support on the face, such as an adjustable headband of suitable material or other appropriate support to hold the frame comfortably and snugly in front of the eyes.

Note: When NIOSH approved full face respiratory equipment is being used by firefighters, additional eye and face protection is not required.

(18) Respiratory Protection. The employer must develop and implement a respiratory protection program in accordance with Division 2/I, 1910.134, Respiratory Protection.The following note refers to the Respiratory Protection Standards, 1910.134(g)(3) Procedures for IDLH atmospheres and 1910.134(g)(4) Procedures for interior structural firefighting, (“two-in/two-out rule”).

NOTE: If, upon arriving at the emergency scene, firefighters find an imminent life threatening situation where immediate action may prevent the loss of life or serious injury, the requirements for firefighters in the outside standby mode may be suspended, when notification is given by radio to incoming responders that they must provide necessary support and backup upon their arrival.

(19) Criteria for Approved Self-Contained Breathing Apparatus (SCBA).

(a) All compressed air cylinders used with approved SCBAs must meet DOT and NIOSH criteria.

(b) In emergency and lifesaving situations, approved SCBAs may be used with approved cylinders from other approved SCBAs provided that such cylinders are of the same capacity and pressure rating. Once the emergency is over, return SCBAs to their original approved condition.

(c) Approved SCBAs must be provided with at least one indicator that automatically sounds an alarm when the remaining air supply of the SCBA is reduced to within a range of 25 percent of its rated service time.

(20) Personal Alert Safety System (PASS).

(a) Each member involved in rescue, fire suppression, or other hazardous duties, must be provided with and must use a PASS device in the hazardous area when self-contained breathing apparatus is in use.

(b) All PASS devices must be at least equivalent to the requirements of NFPA 1982 (1983): Standard on Personal Alert Safety Systems (PASS). PASS devices purchased on or after July 1, 2016 must be at least equivalent to the requirements of NFPA 1982 (2013): Standard on Personal Alert Safety Systems (PASS).

(c) Each PASS device must be tested at least monthly and must be maintained according to the manufacturer’s instructions.

(21) Breathing Air Compressors and Cylinders.

(a) In addition to the requirements contained in Division 2/I, 1910.134(i), breathing air quality and use, air samples must be taken every six months from the compressor and analyzed by the employer or an independent laboratory for Grade D breathing air.

(b) Air samples must also be taken and analyzed when the system is installed or repaired.

(c) Analysis required by 437-002-0182(21)(a) and (b) must be conducted according to ANSI/CGA Standard G7.1 (2011): Commodity Specification for Air.

(22) Hazardous Material Response Plan.

(a) Fire departments that expect or plan to respond to hazardous material incidents must develop and implement a written response plan, and comply with additional requirements of Division 2/H, 1910.120(q), Emergency response to hazardous substance releases.

(b) The written response plan must contain the policies and procedures for:

(A) Pre-emergency planning and coordination with outside parties,

(B) Personnel roles, lines of authority, training, and communication,

(D) Safe distances,

(E) Scene security and control,

(F) Evacuation procedures,

(G) Decontamination,

(H) Emergency medical treatment and first aid,

(I) Personnel withdrawal procedures,

(J) Critique of response and follow-up, and

(K) Personal protective equipment and emergency equipment and response procedures.

(A) Identifying of the hazardous substance and condition,

(B) Implementing emergency operations,

(D) Limiting access of hot zone to those with a specific mission assignment,

(E) Implementing decontamination procedures,

(F) Designating a safety officer,

(G) Using appropriately trained personnel, and

(H) Providing on-scene medical surveillance for emergency responders.

(23) Fire Apparatus Area.

(a) Walkways around apparatus must be kept free of obstructions.

(b) The station’s apparatus floors must be kept free of grease, oil, and tripping hazards.

(c) Exhaust gases from apparatus within buildings must be maintained within the limits of Division 2/Z, 437-002-0382, Oregon Air Contaminant Rules. See Appendix B (Non-mandatory), General Information and Recommendations, of this standard.

(24) Fire Apparatus Design and Construction.

(a) Employers who have acquired used fire apparatus or used military equipment prior to July 1, 1985 are not required to bring them under a more stringent code than the one in force at the time the apparatus was manufactured. The exceptions to 437-002-0182(24)(a) are:

(A) Restraint systems as required by 437-002-0182(25)(e); and

(B) Roll-over protective structures (ROPS) on all open top off-road vehicles as required by 437-002-0182(24)(f).

(b) There must be steps, ladders or railing to allow safe access to and exit from areas on vehicles that employees access.

(c) Vehicle tailboards must not project outboard of the vehicle sides or fenders and must be designed to provide safe footing.

(d) Exhaust systems must be installed and properly maintained, and must be designed to minimize the exposure of exhaust gases by employees.

(e) The loaded gross weight and empty height of the vehicle must be posted in the vehicle such that it can be clearly read by the driver.

(f) Roll-over protective structures (ROPS) must be provided, installed and maintained on all open top off-road vehicles.

(g) Vehicles with an obstructed view to the rear of the vehicle when backing must be equipped or provided with:

(A) An automatic back-up alarm that must sound when backing and can be heard over the surrounding noise;

(B) A video camera that provides the driver a full and clear view of the path of travel behind the vehicle; or

(C) A spotter who stands to the rear of the vehicle, is visible to the driver in the driver-side mirror and uses unassisted voice communication, portable radio communication or hand signal communication to guide the driver while backing.

(25) Fire Apparatus Operation.

(a) Employees must be trained in the safe operation of each type of vehicle they are authorized to drive.

(b) The employer must not allow an employee to drive a vehicle on a public highway or road unless they have a valid driver’s license.

(c) Any item found that may affect the safe operation of a vehicle must be reported immediately to the officer in charge or other appropriate person.

(d) Employees must not drive or ride in any vehicle known to be unsafe.

(e) Employees being transported by fire department vehicles must ride in designated seat-belted or safety-harnessed positions.

(f) The employer must not allow employees to ride on tailboards, tail steps or running boards.

(g) Vehicles must come to a full stop before employees disembark.

(h) All equipment on a vehicle must be adequately secured when the vehicle is in motion.

(i) When traffic flow is inhibited, vehicles equipped with emergency warning lights must be used to control traffic at emergency scenes. The use of traffic cones, fire department personnel, police, or other traffic control measures must be used as soon as practical.

(26) Fire Apparatus Maintenance and Repair. Each employer must establish written records and procedures whereby apparatus has:

(a) At a minimum, a scheduled monthly maintenance check; or

(b) A maintenance check each time the apparatus is returned to the station following an emergency response, drill, or test drive.

(27) Tires.

(a) No motor vehicle must be operated on any tire that:

(A) Has body ply or belt material exposed through the tread or sidewall;

(B) Has any tread or sidewall separation;

(D) Has a cut to the extent that the ply or belt material is exposed.

(b) Any tire on the front wheels of a bus, truck, or truck tractor must have a tread groove pattern depth of at least 4/32 of an inch when measured at any point on a major tread groove. The measurements must not be made where tie bars, humps, or fillets are located.

(c) Except as provided in 437-002-0182(27)(b), tires must have a tread groove pattern depth of at least 2/32 of an inch when measured in a major tread groove. The measurement must not be made where tie bars, humps or fillets are located.

(28) Aerial Devices.

(a) Aerial devices used for firefighting must be annually inspected and tested by a person qualified in performing such inspections and tests according to NFPA 1911 (2007): Standard for the Inspection, Maintenance, Testing, and Retirement of In-service Automotive Fire Apparatus.

(b) Where structural defects are found in critical components of an aerial device, the repairs must be tested and certified according to NFPA 1911 (2007): Standard for the Inspection, Maintenance, Testing, and Retirement of In-service Automotive Fire Apparatus, by a registered professional engineer, the manufacturer of the apparatus, or an American Welding Society (AWS) Certified Welding Inspector.

(29) Hose Drying Towers.

(a) Floor openings on hose tower platforms must be equipped with a guardrail meeting the requirements of Division 2/D.

Note: The toeboard requirements for elevated work platforms in Division 2/D do not apply to hose drying towers unless hand tools or objects other than hoses are carried onto the platforms.

(b) Fixed ladders must meet the requirements of Division 2/D.

(c) Ropes used to hoist hose in the hose towers must have a working load limit that maintains a minimum safety factor of 3:1.

(30) Drill Towers. Permanent fixed ladders on the outside of drill towers and drill buildings are exempt from offset platform landings and ladder cage guards requirements of Division 2/D.

(31) Testing, Maintenance and Inspection of Fire Service Equipment.

(a) The employer must inspect and maintain fire service equipment at least annually and perform all tests recommended by the manufacturer at the date of manufacture.

(b) When the manufacturer’s recommendations required under 437-002-0182(31)(a) are not available from the manufacturer, the employer must identify and follow the recommendations of an applicable consensus standard or curriculum that is nationally recognized and generally accepted by the fire service industry.

Note: Examples of a consensus standard or curriculum under 437-002-0182(31)(b) include, but are not limited to, NFPA standards and IFSTA manuals.

(32) Confined spaces.

(a) Employers must comply with Division 2/J, 437-002-0146, Confined Spaces, for their own confined spaces.

(b) Employers must comply with Division 2/J, 437-002-0146, Confined Spaces, when they agree to serve as a designated rescue service provider.

(A) Train responders to recognize inherent confined space hazards before assigning or attempting any related duties in confined space rescues.

(i) Provide responders with understanding, knowledge, and skills necessary for safe performance of confined space rescues.

(ii) Practice a confined space rescue operation at least once every year from a real or simulated confined space.

(B) Responders must be certified in writing to Department of Public Safety Standards and Training (DPSST) Firefighter 1 or equivalent.

(C) Use the Incident Management System (IMS) during confined space rescue incidents that meet the requirements of NFPA 1561 (2008): Standard on Emergency Services Incident Management System.

(D) Assess the situation and determine if it qualifies as a confined space incident.

(i) Classify the operation as a rescue or body recovery.

(ii) Assess and control physical hazards related to the incident or rescue.

(iii) Assess atmospheric hazards.

(I) Use calibrated direct-reading instruments to test the atmosphere in confined spaces for oxygen content, flammable gases and vapors, and toxic air contaminates.

(II) When calibrated direct-reading instruments are not available, the Incident Commander must assume the situation is IDLH and ensure that responders who enter are equipped with appropriate respiratory protective equipment that comply with Division 2/I, 1910.134, Respiratory Protection.

(iv) Determine if the space should be ventilated.

(v) Determine the precautions and procedures to follow for safe entry into the space.

(E) Provide the appropriate rescue, emergency, and personal protective equipment for safe entry into and rescue from confined spaces.

(F) Provide necessary equipment to facilitate non-entry retrieval for responders, unless the retrieval equipment would increase the overall risk or would not contribute to the rescue operations.

Note: For the reader’s convenience, the following paragraphs are provided from Division 2/I, 1910.134(g)(3) and (g)(4), Respiratory Protection:

(g)(3) Procedures for IDLH atmospheres. For all IDLH atmospheres, the employer shall ensure that:

(i) One employee or, when needed, more than one employee is located outside the IDLH atmosphere;

(ii) Visual, voice, or signal line communication is maintained between the employee(s) in the IDLH atmosphere and the employee(s) located outside the IDLH atmosphere;

(iii) The employee(s) located outside the IDLH atmosphere are trained and equipped to provide effective emergency rescue;

(iv) The employer or designee is notified before the employee(s) located outside the IDLH atmosphere enter the IDLH atmosphere to provide emergency rescue;

(v) The employer or designee authorized to do so by the employer, once notified, provides necessary assistance appropriate to the situation;

(vi) Employee(s) located outside the IDLH atmospheres are equipped with:

(A) Pressure demand or other positive pressure SCBAs, or a pressure demand or other positive pressure supplied-air respirator with auxiliary SCBA; and either

(B) Appropriate retrieval equipment for removing the employee(s) who enter(s) these hazardous atmospheres where retrieval equipment would contribute to the rescue of the employee(s) and would not increase the overall risk resulting from entry; or

(g)(4) Procedures for interior structural firefighting. In addition to the requirements set forth under paragraph (g)(3), in interior structural fires, the employer shall ensure that:

(i) At least two employees enter the IDLH atmosphere and remain in visual or voice contact with one another at all times;

(ii) At least two employees are located outside the IDLH atmosphere; and

(iii) All employees engaged in interior structural firefighting use SCBAs.

Note 1 to paragraph (g): One of the two individuals located outside the IDLH atmosphere may be assigned to an additional role, such as incident commander in charge of the emergency or safety officer, so long as this individual is able to perform assistance or rescue activities without jeopardizing the safety or health of any firefighter working at the incident.

Note 2 to paragraph (g): Nothing in this section is meant to preclude firefighters from performing emergency rescue activities before an entire team has assembled.

Table [Table not included. See ED. NOTE.]

[ED. NOTE: Tables and Appendices referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 4-2016, f. & cert. ef. 9-7-16
OSHA 3-2016, f. & cert. ef. 8-19-16
OSHA 4-2015, f. 10-23-15, cert. ef. 7-1-16
OSHA 6-2012, f. 9-28-12, cert. ef. 4-1-13
OSHA 1-2012, f. & cert .ef. 4-10-12
OSHA 8-2009, f. 7-9-09, cert. ef. 10-1-09
OSHA 9-2008, f. 9-19-08, cert. ef. 1-1-09
OSHA 3-2005, f. & cert. ef. 6-10-05
OSHA 12-2001, f. & cert. ef. 10-26-01
OSHA 2-2000, f. & cert. ef. 1-28-00
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 10-1993, f. 7-29-93, cert. ef. 9-15-93

Or. Admin. R. 437-002-0187 Portable Fire Extinguishers

This rule applies to portable fire extinguishers not in vehicles or vessels.

NOTE: The Oregon Office of State Fire Marshal and your local fire marshal also have rules that apply to portable fire extinguishers.

YOUR RESPONSIBILITY:

To assure that you provide functional extinguishers and your employees know when and how to use them safely.

If another Oregon rule requires you to provide fire extinguishers, the following exemptions do not apply to you.

EXEMPTIONS:

You are exempt from these rules if:

Your portable fire extinguishers are not accessible to employees.

AND

You have a written fire safety policy that requires the immediate and total evacuation of employees in the event of fire.

NOTE: This fire safety policy is not the same as your emergency action plan and fire prevention plan.

AND

You have an emergency action plan and fire prevention plan that conform to OAR 437-002-0042 and 437-002-0043.

PARTIAL EXEMPTION:

If extinguishers are present and accessible, but you do not intend employees to use them, AND you have an emergency action plan and fire prevention plan that meet OAR 437-002-0042 and 437-002-0043, then only paragraphs 1, 2, and 3 apply.

See Non-mandatory Appendix A — Summary of exemptions and rule requirements for 437-002-0187. [Appendix not included. See ED. NOTE.]

Definitions

Accessible — capable of being reached without hindrance.

Inspection — A quick check that the extinguisher has not been activated and has no damage or condition that would make it ineffective. This includes a check of the gauge or pressure indicator, if there is one.

Maintenance — A thorough examination for damage or conditions that would make internal examination or hydrostatic testing necessary more frequently than in Table 2 or 3. [Table not included. See ED. NOTE.]

(1) If you provide extinguishers

You must:

Never provide or allow the use of extinguishers with dangerous or banned agents like carbon tetrachloride or chlorobromomethane.

Never provide or allow the use of soda-acid foam, loaded stream, anti-freeze and water (inverting type) extinguishers. (See the latest NFPA 10 for a complete list of obsolete or banned extinguishers.)

EXEMPTION: You are exempt from the maximum travel distance requirements in Table 1 of this rule if you have an emergency action plan that complies with OAR 437-002-0042, designating which employees are authorized to use the available fire extinguishers and requiring all other employees to evacuate.

Provide and place the correct type and size fire extinguisher according to Table 1. This only applies to extinguishers for use inside buildings.

Table 1 [Table not included. See ED. NOTE.]

Mount extinguishers in a manner appropriate for their type and location.

Not allow extinguishers to sit on the floor, shelves or furniture.

Use appropriate signs or other unique markings to identify extinguisher locations.

Never block access to extinguishers.

(2) Inspection and maintenance

You must:

Visually inspect each extinguisher monthly.

Be sure the extinguishers have a full charge and no defects that prevent effective use.

Remove and replace any extinguisher that is not fully operable.

Complete annual maintenance on each extinguisher using only persons or companies acceptable to your local fire authorities.

Keep a record of the annual maintenance until replaced by a new record. The record must be available to OR-OSHA on request.

Provide replacement extinguishers or some method of coverage for the effected area while extinguishers are out of service for the maintenance check.

Do internal examinations at intervals not longer than the requirements set in Table 2, using only persons or companies acceptable to local fire authorities.

Nonrechargeable extinguishers are good for 12 years from the date of manufacture and then must be taken out of service.

Table 2 [Table not included. See ED. NOTE.]

NOTE: Nonrechargeable extinguishers do not require internal examinations or hydrostatic testing.

(3) Hydrostatic testing

You must:

Assure a hydrostatic test of each extinguisher at intervals in Table 3 or when the extinguisher shows corrosion or physical damage.

Use only persons or companies acceptable to local fire authorities to do hydrostatic testing.

Empty and do applicable maintenance every six years on stored pressure extinguishers that require a 12-year hydrostatic test. This six-year requirement begins again after recharging or hydrostatic testing.

Table 3 [Table not included. See ED. NOTE.]

Keep a record of the hydrostatic test until it is replaced by a new record or the extinguisher is no longer in use. The record must have at least the date of test, test pressure, serial number of the extinguisher (or other unique identifier), and the person or company doing the test.

(4) Employee training

You must:

Train employees in the safe use of extinguishers and standpipe hoses when you require or allow their use. Training must be at first hiring and then annually and must include:

The general methods and tactics of using an extinguisher.

The hazards of using an extinguisher on early stage fires.

Hazards associated with using standpipe hoses.

[ED. NOTE: Tables & Appendicies referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 10-2008, f. & cert. ef. 12-31-08
OSHA 7-2007, f. & cert. ef. 11-8-07

Or. Admin. R. 437-002-0200 Adoption by Reference

In addition to, and not in lieu of, any other safety and health codes contained in OAR chapter 437, the Department adopts by reference the following federal rules as printed in the Code of Federal Regulations, 29 CFR 1910, revised as of 7/1/96, and any subsequent amendments published in the Federal Register as listed below:

(1) 29 CFR 1910.166 (Reserved).

(2) 29 CFR 1910.167 (Reserved).

(3) 29 CFR 1910.168 (Reserved).

(4) 29 CFR 1910.169 Air receivers, published 6/27/74, Federal Register, vol. 39, p. 23502; amended 2/10/84, FR vol. 49, p. 5322; 3/7/96, FR vo. 61, no. 46, p. 9239.

(5) 29 CFR 1910.170 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239.

(6) 29 CFR 1910.171 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 10-1993, f. 7-29-93, cert. ef. 9-15-93

Or. Admin. R. 437-002-0210 Additional Oregon Rules for Compressed Air and Compressed Gas Equipment

(1) Air and Gas Compressors — General:

(a) Workers shall not use compressed gases to clean clothing which is being worn nor shall it be intentionally directed at any other person;

NOTE: Use of compressed air for cleaning work and work areas is also prohibited except under special conditions. See OAR chapter 437, division 2/P, Hand and Portable Powered Tools and Other Hand-Held Equipment.

(b) Hose connections shall be securely made and maintained in safe working condition. Effective means shall be used to prevent hose from whipping.

(2) Piping Systems:

(a) All piping systems and their component parts which are installed to carry air, steam, or other material at more than atmospheric pressure shall be of adequate design and strength to safely withstand pressures to be placed upon them without the resulting stresses exceeding the allowable stress for the material used in their construction. The allowable stresses to be used shall be determined by referring to recognized standards for materials and design as developed by the American National Standards Institute;

(b) The only non-metallic pipe acceptable for pressure line service with gaseous substances is that which is recommended and listed by its manufacturer as designed for compressed air or gas service. PVC pipe can only be used for compressed air if it is buried or encased;

(c) All compressed air or gas piping systems which use plastic pipe must be “project specific”; that is, designed by a competent person to specifications suited for a particular application or project. Design and operational specifications and information must be kept with the system for as long as it is in use;

(d) Only a competent person(s) may install any compressed air or gas piping system described in subsections (b) and (c) of this section.

(3) High Temperature Piping:

(a) All steam and other high temperature pipe lines within seven feet of the floor or work platform or passageway shall be covered with non-combustible insulating material or otherwise protected against accidental contact with persons;

(b) Steam hose connections shall be securely made and maintained in safe working condition. Effective means shall be used to prevent hose from whipping.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 10-1993, f. 7-29-93, cert. ef. 9-15-93

Or. Admin. R. 437-002-0220 Adoption by Reference

(1) 29 CFR 1910.176 Handling materials — general, published 10/24/78, FR vol. 43, p. 49749.

(2) 29 CFR 1910.177 Servicing of multi-piece and single piece rim wheels; published 12/27/11, FR vol. 76, no. 248, p. 80735.

(3) 29 CFR 1910.178 Powered industrial trucks, published 11/18/16, FR vol. 81, no. 223, p. 82494.

(4) 29 CFR 1910.179 Overhead and gantry cranes, published 11/18/16, FR vol. 81, no. 223, p. 82494.

(5) 29 CFR 1910.180 Crawler, locomotive and truck cranes, published 3/7/96, FR vol. 61, no. 46, p. 9239.

(6) 29 CFR 1910.181 Derricks, published 3/7/96, FR vol. 61, no. 46, p. 9240.

(7) 29 CFR 1910.182 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9240.

(8) 29 CFR 1910.183 Helicopters, published 6/18/98, FR vol. 63, no. 117, p. 33467.

(9) 29 CFR 1910.184 Slings, published 6/8/11, Federal Register, vol. 76, no. 110, p. 33590.

(10) 29 CFR 1910.189 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9240.

(11) 29 CFR 1910.190 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9240.

These rules are on file at the Oregon Occupational Safety and Health Division, Department of Consumer and Business Services, and the United States Government Printing Office.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 1-2012, f. & cert .ef. 4-10-12
OSHA 4-2011, f. & cert. ef. 12-8-11
OSHA 3-2011, f. & cert. ef. 11-1-11
OSHA 4-2006, f. & cert. ef. 7-24-06
OSHA 7-2003, f. & cert. ef. 12-5-03
OSHA 12-2001, f. & cert. ef. 10-26-01
OSHA 6-1999, f. & cert. ef. 5-26-99
OSHA 2-1999, f. & cert. ef. 4-30-99
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 13-1993, f. 8-20-93, cert. ef. 11-1-93

Or. Admin. R. 437-002-0221 Additional Oregon Rules for Handling Materials

(1) Definitions:

(a) “Aerial Cableways” An aerial cableway is a cable-supported system in which the material-handling carrier is not detached from the operating span and the travel is wholly within the span. A cableway transports a load for short distances, in a single carrier traveling back and forth on a single cable, or on multiple parallel cables, a hoisting operation being combined with the transfer of the load; the operation is intermittent;

(b) “Aerial Tramways” An aerial tramway is a cable-supported system in which the travel of the materials handling carriers is continuous or reversible over the supports of one or more spans. On continuous tramways, a series of loaded carriers travel in one direction. On reversible tramways, one carrier travels back and forth on a cable. Bi-cable tramways have a fixed track cable, along which the carriers are hauled by a traction rope. Twin-cable tramways are similar, except that carriers run on a pair of track cables. Mono-cable tramways have a single running rope to support and move the carriers.

(2) General:

(a) Permanent aisles and passageways shall be appropriately marked;

(b) Pile foundations shall be designed and arranged to support maximum loads without sinking, sagging, or permitting piles to tip;

(c) Containers of toxic, flammable, radioactive, or irritating substances shall be properly labeled and stored as specified in other sections of the Oregon Occupational Safety and Health Code;

(d) Aisles and passageways shall be kept clear to provide for the free and safe movement of material handling equipment and employees.

(3) Disposal of Material:

(a) Scrap, waste material, and rubbish shall be removed at reasonable intervals from the immediate work are as the work progresses. Materials shall not be permitted to accumulate in such volume as to impede safe access to the work area;

(b) All solvent waste, oily rags, and flammable liquids shall be kept in fire resistant covered containers.

(4) Storage — Location:

(a) Stored material shall not obstruct lights, sprinklers, and other fire extinguishing equipment, aisles, exits, or electrical switch panels;

(b) Temporarily stored material that creates a hazard shall be marked by highly visible warning signs;

(c) In conditions of reduced visibility, reflectorized signs shall be used on temporarily stored material which creates a hazard. If conditions make reflectorized signs ineffective, the sign shall be lighted or other effective warning shall be used;

(d) Materials which could cause hazardous reactions shall be kept segregated in storage and marked with appropriate warning signs.

(5) Stacks and Piles. All material stacks and piles shall be placed on level and solid supports and shall be stable and self-supporting.

(6) Bricks and Blocks:

(a) Brick stacks shall not be more than seven feet in height. When a loose brick stack reaches a height of four feet, it shall be cross-tied and tapered back two inches in every foot of height above the four-foot level;

(b) When masonry blocks are stacked higher than six feet, the stack shall be cross-tied and tapered back one-half block per tier above the six-foot level.

(7) Lumber:

NOTE: OAR chapter 437, division 2/R, Special Industries, 1910.265, Sawmills, contains requirements for unitizing, stacking, and transporting lumber and wood products at manufacturing facilities and mills.

(a) Used lumber shall have all nails removed before stacking;

(b) Lumber stacks shall be made of units whose height is no more than 1-1/2 times higher than the base;

(8) Bagged Materials:

(a) Bagged materials shall be stacked by stepping back the layers and crosskeying the bags at least every ten bags high;

NOTE: This requirement does not apply where pallets effectively stabilize the stack of bagged materials.

(b) When bags are removed from a pile, the stability of the pile shall be maintained.

(9) Loose Material — Sand, Gravel, Crushed Rock, Sawdust, Etc. Undercutting of stock piles is prohibited; materials in such piles shall be kept as near as is practical to the angle or repose and present no hazard to employees.

(10) Corrugated and Flat Iron — Steel:

(a) Corrugated and flat iron shall be stacked in stable piles;

(b) Racks capable of supporting the imposed loads without deformation shall be used for storing steel plate on edge and shall provide positive protection against the danger to personnel from toppling or sliding plates.

(11) Pipe and Bar Stock:

(a) In removing pipe and bar stock from unsecured piles, workers shall not approach the side of the pile but shall remove it from the ends of the pile;

(b) Pipe or bar stock extending into passageways shall be clearly marked or padded.

(12) Drums, Rolls, Cylindrical Objects:

(a) Barrels, drums, large pipe, rolls of paper, and other cylindrical objects piled on their sides shall have the bottom row securely blocked. If separators are used between rows of the pile, blocks shall be secured at each end of the separators;

(b) Spacing strips shall be placed between bundles;

(c) Structural steel, poles, pipe, bar stock and other cylindrical materials, unless racked, shall be stacked and blocked to prevent spreading, tilting, or rolling.

(13) Equipment Design and Construction:

(a) All equipment, structures, and appurtenances used for handling or storing materials shall be designed, constructed and maintained in accordance with sound engineering practices and the specifications and recommendations of the manufacturer. They shall be of sufficient strength to support the loads acting on them in addition to their own dead loads. Allowances shall be made for wind, impact, erection and any special loadings that may occur. No combination of these loadings shall be permitted to cause a stress in any member that exceeds the allowable stress for the material of that member;

(b) Safe load capacities recommended by the manufacturers of equipment shall not be exceeded;

(c) Workers shall not remain or work under or near elevated loads and units of materials being moved unless they are provided with adequate protection;

(d) Loads suspended in slings or supported by hoists, jacks, or other devices, shall be blocked or cribbed before workers are permitted to work underneath;

(e) Materials shall not be dropped or thrown from an elevation where this procedure might endanger other workers;

NOTE: In such cases, materials should be lowered by means of proper riggings, slings, conveyors, chutes, or other safe means.

(f) Tag lines or guide ropes shall be provided and used whenever manual guidance is required to control swinging loads;

(g) Structures and devices used for loading and unloading performed units, loads, pallet boards, or trays shall be of construction and material to maintain safe support for the loads being handled on them;

(h) Pallet boards, and trays shall be loaded in a manner that will ensure stability of loads.

(14) Conveyors, General. Conveyors shall meet the applicable requirements for design, construction, inspection, testing, maintenance and operation as prescribed in ANSI B20.1-1957, Safety Code for Conveyors, Cableways, and Related Equipment.

(15) Controls of Conveyors:

(a) Means for stopping the motor or engine shall be provided at the operator’s station;

(b) If the operator’s station is remote from the power source, provisions for stopping the motor or engine shall be provided at the motor or engine location and at the operator’s station;

(c) Conveyor systems shall be equipped with an audible warning signal to be sounded immediately before starting up the conveyor;

NOTE: This requirement does not apply to portable single unit conveyors where other warning methods are effective.

(d) Emergency stop devices shall be arranged so that the conveyor cannot be started again until the actuator has been reset to running or “on” position;

NOTE: Automatic electrical or mechanical stopping devices should be provided on a conveyor where the equipment into which it feeds has been stopped or has been blocked so that it cannot receive additional materials.

(e) Where overload conditions would create a hazard to workers, overload protection shall be provided.

(16) Backstops, Brakes on Conveyors. Inclined conveyors, where reversing or running away presents a hazard to workers, shall be provided with anti-runaway, backstop devices, or suitable guards.

(17) Loading, Transfer and Discharge Points of Conveyors:

(a) Means to guard workers from injury by moving material shall be provided at a conveyor loading, transfer and discharge points;

(b) The area around all loading and unloading points shall be kept clear of obstructions.

(18) Conveyor Guards:

(a) Screw conveyors shall be guarded to prevent employee contact with turning flights;

(b) Where a conveyor passes over work area, aisles and thoroughfares, suitable guards shall be provided to prevent material from falling from the conveyor;

(c) Return sections of conveyors lower than seven feet and located over or near passageways and work areas, shall be supported by rollers or guards;

(d) Conveyor troughs in which moving sections of a conveyor operate shall be of ample dimensions and strength to carry broken conveyor parts;

(e) Conveyor drive mechanisms and power driven parts shall be guarded in accordance with the requirements in OAR chapter 437, division 2/O, Machine Guarding;

(f) Input conveyors for chippers, burners, furnaces, or other dangerous machines shall be fully guarded to prevent workers from falling to the conveyor. Where a part of the guard must be omitted to permit a worker to feed the conveyor, he or she shall be provided with and shall wear a life belt tied off to an effective lifeline;

(g) Conveyor crossovers, aisles, and passageways shall be conspicuously marked by suitable signs;

(h) Workers shall not cross over conveyors except where suitable bridges or walkways are provided.

(19) Portable Conveyors:

(a) Portable conveyors shall be stable at all operating ranges and shall be provided with adequate devices to prevent unintended movement;

(b) Portable conveyors, when powered electrically, shall be grounded as required in OAR chapter 437, division 2/S, Electrical. Where exposed to outside weather conditions, wiring, switches, and electrical connections shall be moisture and dust proof.

(20) Riding Conveyors Prohibited. Workers shall not be permitted to ride on any conveyor not especially designed for this purpose.

(21) Ramps, Skids, Rollways:

(a) Adequate means for slowing material being put down chutes, slides, or inclines shall be provided whenever excessive speed might create a hazard to workers;

(b) Where the person putting material down a chute, ramp, skid, or rollway does not have a clear view of a lower landing on which workers are employed, an adequate horn, bell or other warning device which is automatic in operation shall be provided and maintained in good condition at all times;

(c) The underside of all chutes, ramps, skids, rollways or landings shall be fenced off and marked with appropriate warning signs unless provided with other adequate means of protecting workers from falling material.

NOTE: Definitions for Aerial Cableways and Tramways are contained in OAR 437-002-0221(1).

(22) Cableway Carriage and Fall Rope Carriers:

(a) Cableway carriage and fall rope carriers shall be so constructed that no adjustments are required while cableway is in operation and that adjustments, when made, may be locked. Fall rope carriers are used to prevent the weight of the hauling rope itself causing sufficient tension to overhaul the load carrier or fall block. On spans of 600 feet or more, where the carriage works to the center of the span or beyond, slack carriers shall be provided to support the operating ropes. A button line or equivalent device shall be provided to space the carriers at approximate intervals along the span;

(b) Carriages shall have approved mesh guards for the operating sheaves and hand grips throughout the full length of the carriage. Footwalk and toeboards, for ready access to maintenance riggers and for inspection of the operating ropes, sheaves, beckets, and structural parts of the carriage;

(c) Sheaves carrying operating ropes should be as recommended by the rope manufacturer. In no case shall the pitch diameter of sheaves be less than 42 times rope diameter for 6 x 7 rope, 30 times rope diameter for 6 x 19 rope, 18 times rope diameter for 6 x 37 rope, and 21 times rope diameter for 8 x 19 rope. The sheaves shall have “V” grooves and the radius of the groove shall be 55 percent of the rope diameter.

(23) Operating Ropes. Operating ropes shall be of wire rope construction suitable for the requirements of the cableway. End fastenings shall develop at least 89 percent of the ultimate strength of the rope. Rope ends shall be arranged for complete and easy inspection.

(24) Track Cable Systems. If the design requires that track cables be carried over saddles, care must be taken to see that the saddle radius, rope lubrication and inspection provisions conform to rope manufacturer’s recommendations. Track cable connections shall be properly applied sockets using only pure zinc. Clamped ends develop only about 75 percent of the strength of the rope and therefore are not recommended. Supporting members carrying track cable tensions shall be forged steel or rolled steel carrying stress in the direction of rolling. These members shall be arranged so that loads are carried concentrically and so that no eccentric load can be applied to them or to the track cable connections by virtue of failure or non-operation of any joint baring in the track system.

(25) Backstay. Backstay carrying track cable tensions shall be designed to support the entire load disregarding any load carrying help from side guys.

(26) Side Guys. Side guys shall be so proportioned that no more than two are regarded as acting at the same time, unless equipped with an equalizing bar, sheave, or other approved device not subject to freezing temperatures. If a hydraulic or pneumatic equalizing device is used, provisions must be made to avoid or counteract the effect of loss of fluid in the system.

(27) Anchorages:

(a) Anchorages for track cable tensions shall be proportioned so that they are stable under the ultimate strength of the track cable or backstays. Steel rods, preferably embedded in concrete or block asphalt, should be used for the portion of the backstay where the anchorage tension is carried through earth. Wire rope guys shall never be used in contact with earth. Double the ultimate strength of the backstay shall be provided, together with anticorrosion protection in the form of grease, tar, etc.;

(b) Supporting structures, fixed towers, movable towers, etc., shall be designed to withstand full known loads plus allowance for impact with due regard for the nature of the structural elements, type of structure, and the manner of application and release of loads. Ladders, platforms and handholds shall be supplied to facilitate the inspection of towers, cableways parts attached to them, and the changing of lines and other maintenance work around them.

(28) Operation and Maintenance of Cableway:

(a) The cableway supervisor and operator shall be charged with the responsibility for allowing only authorized and properly qualified parties around the cableway rig;

(b) Inspection of the complete rig (track cables, carriage, operating ropes, structures, hoisting engine, electrical apparatus, and other operating parts) shall be made by the supervising safety engineer or other designated qualified person each day if the rig is operating 24 hour a day or at such other intervals as justified by lesser operating schedules for the rig.

NOTE: These inspections, at the discretion of the supervisor, may be made while the rig is in operation.

(A) Operating ropes at the becket ends, overwraps on the drum or hoist and sheave points if pickups are made at the same point repeatedly;

(B) Track cable for broken wires near sockets and in the span under the pickup or unloading point and for broken wires and worn or faulty track cable socket bearings;

(D) Electrical system, especially for faulty connection where the current might possibly go to ground through the earth rope, traveling towers, tracks, wheels, journals and tower moving apparatus.

(d) Operating ropes shall be re-becketed on a regular program. Re-becketing after 30 or more operating shifts is suggested. At least four rope lay lengths shall be cut off each time. Operating ropes shall be repaired or replaced in accordance with the recommendations of the wire rope manufacturer;

(e) The recommendations of the wire rope manufacturer shall be followed in re-socketing track cables in replacing regular strand, locked coil or other armored construction track cable;

(f) Hoist brakes and frictions shall be maintained in good condition at all times. Hoisting engine shall be located so that the operating ropes have the proper fleet angle to the nearest sheave which shall be oriented to lead to the center of the drum in the hoist. The hoist operator should be located so that he or she can see the hoist and working area of the cableway;

(g) Hook tenders serving the cableway will be permitted to “ride the hook” if the ground does not permit other access. Proper foot stands and hand holds shall be provided for two persons on the hook, fall block, safety belts and lifelines used; otherwise a manskip must be used. Signals for the operation of the rig may be given to a signalperson or to the operator. Inexperienced hook tenders shall not ride the hook alone until they have had a period of 30 working shifts with an experienced cableway hook tender;

(h) Loads carried by cableways shall be secured by safety hooks, or shackles, in such a manner that they cannot shift or slip while suspended by the cableway. Load hooks shall be provided with safety shields to keep the load slings on the hook. Slings must be used in pairs so that the load will not untwist the lay of a single rope;

(i) If the cableway is not in use for a 24-hour period or more, an inspection of the hoist shall be made before the cableway is started;

(j) For use in controlling cableway operations, appropriate telephone or other signal system shall be provided;

(k) Suitable lighting shall be provided at critical points for night operation and repairs.

(29) Aerial Tramway Truck Cables and Hauling Ropes:

(a) Track cables and hauling ropes shall be of appropriate, construction and adequate capacity for the life, type and nature of the installation;

(b) Tail ropes shall be provided to avoid jerky operation and possible derailment;

(c) Suitable adjustment should be provided to maintain the original design relation of hauling rope and tail rope tensions. The vertical component of rope tensions should always be such that the rope never tends to lift out of the support sheaves;

(d) Carriage hauling rope grips shall be designed to supply the necessary pulling components without damage to the rope due to slippage or excessive grip pressures. Hauling rope down pull on carriers must be kept to a minimum to prevent damage to rope and to avoid damaging the bucket hangers.

(30) Aerial Tramway Drives:

(a) Tramway drives shall be equipped with a brake on the same shaft as the drive sheave. The brake system shall be adequate for stopping and holding the load at any point. The brake shall not be used for absorbing power developed by overhauling load during normal operation. Such developed power should be dissipated electrically, hydraulically or pneumatically. The main drive brake shall be applied automatically if electric power fails;

(b) The driving sheave control shall be such that reduction of velocity is automatic as the bucket(s) approaches the terminal station.

(31) Wire Rope Sockets on Aerial Tramways. Wire rope connections shall be properly applied sockets using only pure zinc or connections which provide 100 percent of the strength of the rope.

(32) Aerial Tramway Tower Saddles. Tower saddles for track cables shall have ample radii to minimize bending stress and thus prolong the life of the cables. Stationary curved saddles of long radius may be employed where the cable breakover angle exceeds that possible with a rocking saddle. The radius of the saddle shall be large enough to reduce the bearing pressure to a value which will permit the cable to slide in the saddle groove. All saddles must be lubricated at regular intervals.

(33) Aerial Tramway Supporting Structure. Supporting structures shall be designed to withstand the full known loads plus allowances for impact with due regard for the nature of the structural elements, the type of structure, and the manner of application and release of loads. Ladders, platforms and handholds shall be provided as necessary to facilitate the inspection of the structures and tramway parts.

(34) Aerial Tramway Crossing Guards. Crossing guards shall be provided where the tramways cross highway, railways, or other passageways. These guards shall be of adequate construction for the type of material being handled on the tramway.

(35) Aerial Tramway Operation and Maintenance:

(a) The tramway supervisor shall be charged with the responsibility for allowing only authorized and properly qualified parties around the tramway rig;

(b) Inspection of the complete rig, track cables, buckets, structures, drives, electrical apparatus, and other operating parts shall be made at regular intervals. Only the tramway supervisor and personnel designated by him or her shall be allowed to “ride” the buckets and then only in performance of a specific duty such as inspection of track cables;

(c) Grips on continuous tramways shall be inspected and adjusted at periodic intervals. Worn parts shall be replaced promptly;

(d) Lubrication of track cables, hauling rope bearings, rails and guides shall be performed at regular intervals.

NOTE: The lubrication of the hauling rope should preferably be continuous by means of a controlled drop feed from an oil reservoir at one or both ends of the line. This lubrication should not occur as the rope enters the driving sheave, but rather as the rope leaves the drive sheave and passes over a support sheave.

(e) Where counterweighted spans are used, the counterweight shall hang free when the cable is fully loaded. The deflection of anchored spans shall be adjusted by take-up means provided to keep the cable tension within the proper limits.

(36) Aerial Tramway Traffic Control System:

(a) There shall be at least three control systems, as the operation of an aerial tramway is dangerous without alternate communication systems.

NOTE: Recommended Communications Systems:

(1) A bell signal code and push button stations for warning of stop, start, slow speed, high speed, and reverse. Portable linesman sets should be provided for tapping along the line;

(2) An all metallic aerial wire circuit telephone with instruments at certain points along the line in addition to the terminal sets;

(3) A second telephone circuit which may be grounded if desired.

(b) Condensers for static elimination and lightning arrestors should be installed to protect instruments;

(c) Protection should be provided against short-circuiting of the telephone and bell circuits by water running down the line supports and diverting current to the towers and station steel;

(d) Suitable lighting shall be provided at critical points along the line for night operation and repairs;

(e) When vehicles are drawn up an incline by means of a cable, the cable shall be in alignment with the central line between the vehicle tread and the hoisting drum. A substantial bumper shall be installed at the foot of the incline, or if the vehicle travels beyond this point, at the end of its runway. Workers shall not ride on the vehicle nor remain in a position behind the vehicle when it is in motion.

(37) Material Hoists — General Requirements:

(a) All material hoist towers shall be designed, built, and tested under the direction of a licensed professional engineer;

(b) The employer shall comply with the manufacturer’s specifications and limitations applicable to the operation of all hoists and elevators. Where manufacturer’s specifications are not available, the limitations assigned to the equipment shall be based on the determinations of a professional engineer competent in the field;

(c) Platforms of ample size and strength with standard railings shall be built at each level where persons work. See requirement in OAR chapter 437, division 2/D, Walking-Working Surfaces;

(d) Standard railings shall be placed on the open sides of runways connecting the tower to the structure with a gate provided at all openings into the tower;

(e) Rated load capacities, recommended operating speeds, and special hazard warnings or instructions shall be posted on cars and platforms;

(f) Hoisting ropes shall be installed in accordance with the wire rope manufacturer’s recommendations;

(g) Wire rope shall be removed from service when any of the following conditions exist:

(A) In hoisting ropes, six randomly distributed broken wires in one rope lay or three broken wires in one strand in one rope lay;

(B) Abrasion, scrubbing, flattening, or peening, causing loss of more than one-third of the original diameter of the outside wires;

(D) Reduction from nominal diameter of more than 3/64 inch for diameters up to and including 3/4 inch; 1/16 inch for diameters 7/8 to 1-1/8 inch; and 3/32 inch for diameters 1-1/4 to 1-1/2 inches.

(h) All welding on critically stressed members of hoisting devices shall be performed within the current standards of the American Welding Society and the welding performed by welders qualified to perform high quality welding;

(i) The installation of live booms on hoists is prohibited;

(j) Operating rules shall be established and posted at the operator’s station of the hoist. Such rules including signal system and allowable speed for various loads shall be enforced. Rules and notices shall be posted on the car frame or crossheads in a conspicuous location, including the statement “No Riders Allowed”;

(k) Hoisting machines, except those equipped with automotive controls, shall be operated by regularly assigned, trained operators;

(l) No person shall be allowed to ride on material hoists except for the purposes of inspection and maintenance. Such rides shall be made without material aboard except that necessary for the purpose of inspection and/or maintenance;

(m) All entrances of the hoistways shall be protected by substantial gates which shall guard the full width of the landing entrance. All hoistway entrance gates shall be painted with diagonal contrasting colors, such as black and yellow stripes;

(n) Gates shall be of not less than 2- by 4-inch wood or the equivalent, located no less than two feet from the hoistway line. Gates shall be no less than 42 inches high;

(o) Gates protecting the entrances to hoistways shall be equipped with a latching device;

(p) Overhead protective covering of 2-inch planking, 3/4-inch plywood, or other solid material of equivalent strength shall be provided on the top of every material hoist cage or platform;

(q) The operator’s station of a hoisting machine shall be provided with overhead protection equivalent to tight planking not less than two inches thick. The support for the overhead protection shall be of equal or greater strength;

(r) When using a hoist for long material, the material shall be securely fastened to the hoist so that no part of the load can fall or project beyond the sides of the hoist;

(s) Blocking, tie-downs, or other effective means to secure loads or materials, when necessary, shall be provided at all hoist platforms;

(t) Hoist towers may be used with or without an enclosure on all sides. However, whichever alternative is chosen, the following applicable conditions shall be met:

(A) When a hoist tower is enclosed, it shall be enclosed on all sides for its entire height with a screen enclosure of 1/2-inch mesh, No. 18 U.S. gauge wire or equivalent, except for landing access;

(B) When a hoist tower is not enclosed, the hoist platform or car shall be totally enclosed (caged) on all sides for the full height between the floor and the overhead protective covering with 1/2-inch mesh of No. 14 U.S. gauge wire or equivalent. The hoist platform enclosure shall include the required gates for loading and unloading. A six-foot high enclosure shall be provided on the unused sides of the hoist tower at ground level.

(u) Car arresting devices shall be installed to function in case of rope failure.

(38) Automotive Hoists:

(a) Whenever automotive hoists are elevated with a load to a position which presents a hazard to employees, the lift shall be supported by a safety device capable of preventing descent should the lift fail in any manner;

(b) Lifts will be operated in accordance with the manufacturer’s recommendations and those of ANSI B153.1-1990;

(c) Vehicles will be placed on lifts in accordance with manufacturers recommendations and in a manner to assure stability.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-1996, f. & cert. ef. 2-16-96
OSHA 13-1993, f. 8-20-93, cert. ef. 11-1-93
APD 12-1988, f. & ef. 7-22-88
WCD 4-1979, f. 5-21-79, ef. 7-15-79
WCB 3-1977, f. 3-18-77, ef. 6-1-77
WCB 23-1976, f. 9-8-76, ef. 11-15-76
WCB 30-1974, f. 7-5-74, ef. 9-1-74
WCB 7-1974, f. 3-19-74, ef. 4-15-74

Or. Admin. R. 437-002-0223 Oregon Rules for Commercial and Industrial Vehicles

(1) Application. Roll-over protective structures (ROPS) shall be provided, installed and maintained on industrial vehicles which were manufactured after July 1, 1969. ROPS requirements apply to the following types of industrial vehicles and equipment: Rubber-tired self-propelled scrapers; front-end loaders and dozers; skid-steer equipment; wheel-type industrial tractors; crawler tractors; crawler-type loaders; and motor graders, with or without attachments, that are used in industrial work. This requirement does not apply to sideboom pipe laying tractors, or other vehicles whose structure prevents overturn, or to tractors used only in farming operations.

(2) ROPS — General Requirements.

(a) Roll-over protective structures and their supporting attachments to industrial vehicles shall be capable of supporting twice the weight of the vehicle, applied at the point of impact.

(b) The design objective for roll-over protective structures on industrial vehicles shall be to minimize the likelihood of a complete vehicle overturn, and to minimize the possibility of the operator being crushed.

(c) A vertical clearance of at least 52 inches between the work deck and the ROPS canopy is required for ingress and egress.

(d) ROPS which have been removed for any reason, shall be remounted with equal quality, or better, bolts or welding as required for the original mounting.

(3) Defects.

(a) Defects in ROPS shall be repaired by equal quality or better materials and welding as required for the original structure.

(b) Minimum performance criteria for roll-over protective structures for designated vehicles are contained in the following Society of Automotive Engineers (SAE) standards:

(A) Prime movers, for scrapers, water wagons, bottom dump wagons, side dump wagons, rear dump wagons, towed fifth wheel attachments. (SAE J320, September 1972)

(B) Wheeled front-end loaders and wheeled dozers. (SAE J394a, September 1972)

(D) Motor graders. (SAE J396a, September 1972)

(E) Wheel-type agricultural and industrial tractors. (SAE J167, 1971)

(F) Falling object protective structures (FOPS). (SAE J231, May 1971)

(4) Identification of ROPS. Each ROPS shall have the following information permanently affixed to the structure:

(a) Manufacturer or fabricator’s name and address;

(b) ROPS model number, if any; and

(5) Approved Structures. Any machine in use, equipped with roll-over protective structures, shall be deemed in compliance with OAR 437-002-0223(37) through (41) if it meets the roll-over protective structure requirements of the U. S. Army Corps of Engineers, or the Bureau of Reclamation of the U. S. Department of the Interior, in effect on April 5, 1972. The requirements in effect are:

(a) U. S. Army Corps of Engineers: General Safety Requirements, EM-385-1-1 (March 1967).

(b) Bureau of Reclamation, U. S. Department of the Interior: Safety and Health Regulations for Construction, Part II (September 1971).

(6) Roadways.

(a) Roadways shall be of sufficient width and evenness to ensure the safe operation of equipment.

(b) Sufficient turnouts shall be provided and a safe side clearance shall be maintained along roads and runways.

(c) Low clearance areas under conveyors which could present a hazard to mobile equipment operations shall be identified by a suitable means, such as signs, contrasting colors, or flags.

(d) Broken planking, deep holes, large rocks, logs or other dangerous surface defects shall be corrected before any equipment is used thereon.

(e) Obstructions to clear view at intersections or on sharp curves shall be removed or all reasonable precautions taken to relieve the hazards of these conditions.

(f) An ample supply of nonskid materials, such as coarse sand or finely crushed rock, shall be available and used on slippery surfaces.

(g) Road grades shall not be too steep for safe operation of vehicles which operate over them and shall not exceed 20 percent in any case unless an auxiliary means of lowering vehicles is provided or unless vehicles are specifically designed and approved for operation on grades in excess of 20 percent.

(7) Access Roadways, Grades.

(a) No employer shall move, or cause to be moved, vehicles upon any access roadway or grade unless the access roadway or grade is constructed and maintained to accommodate safely the movement of the equipment and vehicles involved.

(b) Every emergency access ramp and berm used by an employer shall be constructed to restrain and control runaway vehicles.

(c) Elevated bridges, runways or ramps and loading docks shall be constructed to safely support at least four times the weight of any load to which it may be subjected. Ramps shall be covered with a material which will minimize the danger of skidding.

(d) The maximum inclination of a ramp used for wheeled equipment shall not exceed 20 percent from horizontal.

(e) Elevated bridges, ramps or runways used for the travel of wheeled equipment shall have exposed sides guarded with a substantial bull rail or sheer rail of sufficient height to prevent wheeled equipment from going over the rail.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-2007, f. & cert. ef. 9-26-07
OSHA 2-2003, f. & cert. ef. 1-30-03
OSHA 12-2001, f. & cert. ef. 10-26-01
OSHA 6-2000, f. & cert. ef. 6-26-00
OSHA 1-1996, f. & cert. ef. 2-16-96
OSHA 13-1993, f. 8-29-93, cert. ef. 11-1-93
OSHA 4-1990, f. & cert. ef. 1-23-90
APD 2-1989, f. 3-1-89, ef. 3-1-89
APD 4-1988, f. & ef. 3-14-88
WCD 3-1985, f. 2-22-85, ef. 3-1-85
WCD 15-1984, f. 10-25-84, ef. 11-1-84
WCD 7-1980, f. 6-20-80, ef. 7-1-80
WCB 3-1977, f. 3-18-77, ef. 6-1-77
WCB 23-1976, f. 9-8-76, ef. 11-15-76
WCB 30-1974, f. 7-5-74, ef. 9-1-74

Or. Admin. R. 437-002-0227 Additional Oregon Rules for Powered Industrial Trucks

(1) Overhead Guards.

(a) Where a rider type lift truck operator is exposed to hoisted objects that might fall, or stacked objects that might be dislodged and fall, the truck shall be equipped with an overhead guard. The guard shall be of sufficient strength to support impact load tests as specified in Table OR-N-1: [Table not included. See ED. NOTE.]

(b) Impact load tests shall be conducted with the guard in place on a vehicle for which it is designed or on a simulated mounting. Running gear need not be in place. The load shall be dropped in free fall from an appropriate height so that the impact is centered approximately above the driver’s position. Test loads shall have a length equal to or greater than the width of the guard, and shall strike the canopy at right angles to the vehicle frame.

(c) Guards of a design which has been so tested shall be identified by a metal tag permanently attached to the canopy in a position where it may be easily read from the ground. This tag shall be permanently and clearly marked with the impact test load, expressed in foot-pounds to which guards of the same design have been tested.

NOTE: Guards required by OAR 437-002-0227(1)(a) through (c), or by the rules following, are not intended to withstand the impact of a capacity load falling from any height.

(d) Guards which are not of a design which has been tested in accordance with OAR 437-002-0227(1)(a) through (c) of this rule, may be constructed of material as specified in Table OR-N-2 or material of equivalent strength: [Table not included. See ED. NOTE.]

(e) The construction of canopy guards are built in compliance with OAR 437-002-0227(1)(d) shall be based on the strength of four upright members. Guards constructed with less than four upright members shall be of equivalent strength.

(A) Canopy type overhead guard frames shall be braced to overhead members on each side of the frame to provide structural rigidity both longitudinally and transversely.

(B) All guard mountings or attaching brackets shall be constructed and secured to the vehicle in a manner to provide adequate support to the upright members of the canopy type overhead guard.

(f) Guards shall be constructed in a manner that does not interfere with good visibility, but openings in the top shall not exceed 6 inches in one of the two dimensions, width or length. Guards shall be large enough to extend over the operator under all normal circumstances of operation, including forward tilt.

(A) Provisions shall be made so that failure of the mast-tilting mechanism will not allow the overhead guard to cause injury to the operator.

(B) Lift trucks operated by seated operators shall have not less than 39 inches of clear vertical space between the operator’s seat when depressed and the underside of the guard. Lift trucks operated by standing operators shall have not less than 74 inches of clear vertical space between the platform and the underside of the guard.

NOTE: Where overall height of truck with forks in lowered position is limited by head room conditions and there is insufficient space for vertical clearance or for the operator to assume a normal driving position, normal overhead guard heights may be reduced, or the overhead guard may be omitted. The height and stability of stacks of piled material, the weight of individual units handled, and the operating space available shall be such as will provide reasonable safety for the operator if it is necessary to remove the overhead guard.

(2) Load Back Rest. Lift trucks which handle small objects or unbanded units shall be equipped with a vertical load back rest.

(a) It shall have height, width, strength, sufficient to prevent the load or any part of it from falling toward the operator.

(b) It shall be constructed in a manner that does not interfere with good visibility.

(3) Shear Point Guards. Shear points on forklift loaders and similar type vehicles shall be guarded as necessary to protect operators from hazardous exposure.

(4) Personnel Platforms. Whenever a lift truck is used for lifting personnel without controls at the platform, the following precautions shall be taken for the protection of personnel being elevated:

(a) A work platform equipped with standard guardrails or equivalent means, and firmly secured to the lifting carriage or forks, shall be used.

(b) The hydraulic system shall be so designed that the lift mechanism will not drop faster than 135 feet per minute in the event of a failure in any part of the system.

(d) The operator shall be in the normal operating position while raising or lowering the platform.

(e) The vehicle shall not travel from point to point with the work platform elevated at a height greater than 4 feet while workers are on the platform. When necessary at heights greater than 4 feet, inching may be permitted provided it is done at a very slow speed.

(f) If workers on the platform can contact the lift chains or other dangerous pinch or shear points on the mast or carriage, the platform must have a screen or guard that prevents contact.

(5) Equipment and attachments.

(a) Do not allow spinner knobs on vehicles without power steering. Spinner knobs must be on the inside of the steering wheel.

(b) All vehicles must have a working horn that can be heard above surrounding area noise.

NOTE: Paragraph (c) does not apply when the vehicle backs up with an observer or when the operator verifies that there is nobody behind the vehicle or when nobody may enter the danger area without the operator’s knowledge.

(c) Vehicles with an obstructed view to the rear must have a backup alarm that can be heard over the surrounding noise. If surrounding noise prevents this or if there are so many vehicles using backup alarms that they cannot be distinguished from each other, flashing or strobe lights are acceptable.

(d) Vehicle brakes must be effective when the vehicle is fully loaded.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-2007, f. & cert. ef. 9-26-07
OSHA 6-1999, f. & cert. ef. 5-26-99
OSHA 13-1993, f. 8-20-93, cert. ef. 11-1-93

Or. Admin. R. 437-002-0228 Oregon General Requirements for Cranes

(1) General Requirements:

(a) The user shall comply with the manufacturer’s specifications and limitations applicable to the operation of any and all cranes and derricks;

(b) Where manufacturer’s specifications are not available, the limitations assigned to the equipment shall be based on the determinations of a qualified engineer competent in this field and such determinations will be appropriately documented and recorded;

(d) No modifications or additions which affect the capacity or safe operation of the equipment shall be made without the manufacturer’s written approval. Cranes may be modified and rerated provided such modifications and the supporting structure are checked thoroughly for the new rated load by a qualified engineer or the equipment manufacturer;

(e) If such modifications or changes are made, the capacity, operation, and maintenance instruction plates, tags, or decals, shall be changed accordingly. In no case shall the original safety factor of the equipment be reduced. Only the manufacturer or other competent shop with suitable equipment and with personnel trained for the work shall be permitted to perform welding or other repair work on cranes or derricks;

(f) Rated load capacities, and recommended operating speeds, special hazard warnings, or instruction, shall be conspicuously posted on all equipment;

(g) Instructional or warning signs shall be visible to the operator while he or she is at his or her control station;

(h) The employer shall designate a competent person who shall inspect all machinery and equipment prior to each use, and during use, to make sure it is in safe operating condition;

(i) Any deficiencies shall be repaired, or defective parts replaced, before continued use;

(j) A thorough, annual inspection of all cranes shall be made by a competent person, or a government or private agency;

(k) The employer shall maintain a record of the dates and results of inspections for each hoisting machine and piece of equipment;

(l) An unimpaired horizontal clearance of not less than three feet shall be maintained between the rotating superstructure of any crane and any adjacent object or surface. If this clearance cannot be maintained, barricades shall be installed to isolate the hazardous area;

(m) All windows in cabs shall be of safety glass, or its equivalent, that introduces no visible distortion that will interfere with the safe operation of the machine;

(n) Cranes which operate at night shall have their load hooks and working areas adequately lighted;

(o) Sufficient light shall be provided in the operator’s cage or cab to enable the operator to see clearly enough to perform his or her work;

(p) An accessible fire extinguisher of 10 BC rating, or higher, shall be available at all operator stations or cabs of equipment;

(q) Belts, gears, and other reciprocating, rotating, or moving parts or equipment shall be guarded as required in OAR chapter 437, division 2/O, Machinery and Machine Guarding.

(2) Crane operator training requirements:

(a) The employer shall establish written procedures for the safe operation of all cranes and derricks;

(b) The employer shall see that employees who operate cranes or derricks are properly trained, have sufficient practical experience, and follow operating procedures for the safe operation of the crane or derrick;

(c) The level of training and experience received by the employee to meet OAR 437-002-0228(2)(b) above shall be recorded in writing;

(d) The employer shall maintain all written records of crane or derrick operators’ training and experience, and shall make such records available for review by the Oregon Occupational Safety and Health Division (OR-OSHA) upon request.

(3) Overhead Wires — Operating Near Electric Power Lines. A warning sign, legible at 12 feet, shall be posted and maintained in plain view of the operators of each crane, derrick, or power-shovel. The sign shall read, “UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN TEN FEET OF HIGH-VOLTAGE LINES.”

NOTE: For operation near overhead electric lines see Division 2/S, Electrical, 1910.333(c)(3).

(4) Signals. Class “D” citizens band radio frequencies shall not be used for signalling crane operators.

(5) Hoisting Equipment and Tackle. Blocks, Sheaves, and Drums:

(a) Blocks, sheaves and drums and all parts thereof shall not be used for heavier strains or greater speeds than that for which they have been designed and constructed;

(b) Sheave and drum diameters shall be as recommended by the wire rope manufacturer for the size rope being used;

(d) Sheaves supporting boom lines shall not be carried on overhung sheave pins unless equipped with substantial guards passing around the sheave pin and securely held from dislodgment from the pin;

(e) All blocks shall be fitted with line guards or shall be designed and set in a manner that prevents fouling;

(f) Where the slacking of cable around sheaves and idlers would result in injury to workers, line guards shall be provided;

(g) Working line blocks shall be kept in proper alignment;

(h) Snatch (gate) blocks shall be closed and hooked before being used.

(6) Drums. Ends of lines attached to drums shall be securely fastened by means of clamps, socketing, or other means furnishing equivalent strength. Not less than two wraps of line shall be maintained on drums.

(7) Chains:

(a) End fastenings shall be capable of sustaining loads up to the breaking strength of the hoisting chain with which they are used;

(b) Hoisting chains shall be repaired or removed from such service when the increase in length (stretch) of the measured section exceeds five percent; or when a link is bent, twisted, or otherwise damaged, or when raised scarfs or defective welds appear;

(8) Hooks. When necessary to prevent lifting attachments from inadvertently lifting out of the hook, a safety type hook or other device or means shall be used.

(9) Wire Rope:

(a) Wire rope and replacement wire rope shall be of the same size, same or better grade, and same construction as originally furnished by the equipment manufacturer or contemplated in the design, unless otherwise recommended by the equipment or the wire rope manufacturer;

(b) Wire rope with an independent wire-rope center or other heat-resisting center shall be used as hoisting rope wherever exposed to excessive temperatures such as ingot-pouring, ladle cranes, and similar operations;

(d) Care shall be taken to prevent friction of ropes with other objects which will cause chafing or breaking of wires;

(e) Wire rope shall be taken out of service when any of the following conditions exist:

(A) In running ropes, six randomly distributed broken wire in one lay or three broken wires in one strand in one lay;

(B) Wear of one-third the original diameter of outside individual wires. Kinking, crushing, bird caging, or any other damage resulting in distortion of the rope structure;

(D) Reductions from nominal diameter of more than 1/64-inch for diameters up to and including 5/16-inch, 1/32-inch for diameters 3/8-inch to and including 1/2-inch, 3/64-inch for diameters 9/16-inch to and including 3/4-inch, 1/16-inch for diameters 7/8 to 1-1/8 inches inclusive, 3/32-inch for diameters 1-1/4 to 1-1/2 inches inclusive;

(E) In standing ropes, more than two broken wires in one lay in sections beyond end connections or more than one broken wire at an end connection;

(F) Corroded, damaged, or improperly applied end connections.

(f) Wire rope safety factors shall be in accordance with American National Standards Institute B30.5-1989 or SAE-J959-1966, Lifting Crane, Wire-Rope Strength Factors.

NOTE: The margin of line to be used in making a long splice shall be indicated in the following table. The full length of the splice will be twice the length “to be unraveled.”

Rope To Be Rope To Be

Diameter Unraveled Diameter Unraveled

1/4 inch 6 feet 1-1/4 inches 25 feet

1/2 inch 8 feet 1-1/2 inches 30 feet

3/4 inch 15 feet 1-3/4 inches 35 feet

1 inch 20 feet 2 inches 40 feet

(g) All cable shall be kept lubricated as conditions of use require;

(h) When U-bolt wire rope clips are used for form eyes, the following table shall be used to determine the number and spacing of clips:

NUMBER AND SPACING OF U-BOLT WIRE CLIPS

Number of Clips

Improved

Plow Steel

Rope Minimum

Diameter Drop Other Spacing

Inches Forged Material (Inches)

1/2 3 4 3

5/8 3 4 3-3/4

3/4 4 5 4-1/2

7/8 4 5 5-1/4

1 5 6 6

1-1/8 6 6 6-3/4

1-1/4 6 7 7-1/2

1-3/8 7 7 8-1/4

1-1/2 7 8 9

(i) When used for eye splices, the U-bolt shall be applied so that the “U” section is in contact with the dead end of the rope;

(j) The use of cable clips or clamps may be accepted only when used in locations where they are readily accessible and subjected to frequent inspection. Clips and clamps when used shall be of the correct size and shall be properly applied. Allowance shall be made for the reduced strength of the line;

(k) The use of cable clips or clamps for joining lines is prohibited, except where used for transferring of slack lines from one place to another.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 13-1993, f. 8-20-93, cert. ef. 11-1-93
OSHA 1-1989, f. 10-12-89, ef. 8-1-90
WCB 7-1977, f. 5-20-77, ef. 6-15-77
WCB 1-1977, f. & ef. 1-4-77
WCB 11-1974, f. 3-20-74, ef. 4-15-74

Or. Admin. R. 437-002-0229 Additional Oregon Rules for Overhead and Gantry Cranes

(1) Definitions:

(a) “Authorized Person.” An Authorized Person is one appointed or credentialled by a duly constituted administrative or regulatory authority;

(b) “Competent Person.” A Competent Person is one who by knowledge, training and experience has demonstrated the ability to solve problems and perform functions relating to the subject matter and work;

(c) “Reach (of a cantilever gantry or bridge crane).” The maximum horizontal distance at which the hook may be operated outside the runway measured at right angles to the runway from the center of the hook or load to the center of the runway rail nearest the hook or load;

(d) “Reach (of a crane or derrick fitted with a boom).” The maximum horizontal distance the hook can be extended from the center of rotation (or if rotation is not possible) from the foot of the boom.

(2) Overhead and Gantry Cranes.

(a) Only competent personnel shall be permitted to operate a crane covered by OAR 437, division 2/N, 1910.179.

(b) Cages of bridge cranes which are not provided with a walkway the full length of the craneway or other safe means of egress shall be provided with a knotted rope, rope ladder or equally effective means to enable the operator to reach the ground in an emergency.

(d) Rated Load Test. Prior to initial use all new, extensively repaired and altered cranes shall be tested by or under the direction of a competent person, confirming the load rating of the crane.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 13-1993, f. 8-20-93, ef. 11-1-93
WCB 11-1974, f. 3-20-74, ef. 4-15-74

Or. Admin. R. 437-002-0230 Additional Oregon Rule for Crawler, Locomotive and Truck Cranes

(1) Definitions:

(a) An “Authorized Person” is one appointed or credentialed by a duly constituted administrative or regulatory authority;

(b) A “Competent Person” is one who by knowledge, training and experience has successfully demonstrated the ability to solve problems and perform functions relating to the subject matter and work.

(2) Load Ratings:

(a) A radius or boom angle indicator shall be provided where it is clearly visible to the operator in his or her normal operating position on cranes equipped with a movable working boom;

(b) A limiting device shall be installed and maintained to prevent the hook or other end fittings from contacting the upper sheaves.

(3) Booms. When sections of booms are added or removed, the full number of bolts or pins of the material and size recommended by the manufacturer, or bolts or pins furnishing equivalent strength, shall be used to secure the sections together.

(4) Hydraulic Cranes. Mobile hydraulic cranes shall be constructed, maintained, and used in accordance with the standard in PCSA Standard No. 2-1968, Mobile Hydraulic Crane Standards, published by the Power Crane and Shovel Association, Milwaukee, Wisconsin.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 13-1993, f. 8-20-93, cert. ef. 11-1-93
WCB 11-1974, f. 3-20-74, ef. 4-15-74

Or. Admin. R. 437-002-0232 Additional Oregon Rule for Derricks

Rated Load Marking. A radius indicator or boom angle indicator, compatible with the load rating chart, shall be provided where it is clearly visible to the operator in his or her normal operating position on all derricks equipped with a movable working boom.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 13-1993, f. 8-20-93, cert. ef. 11-1-93
WCB 11-1974, f. 3-20-74, ef. 4-15-74

Or. Admin. R. 437-002-0233 Oregon Rules for Hammerhead Cranes

(1) Definition. “Hammerhead Crane” — Lifting machine consisting of a tower (mast) with an upperstructure that rotates and includes a load jib (boom) with trolley extending horizontally and a counterweight jib extending in the opposite direction, neither of which is arranged for luffing. The trolley on the load jib traverses the length of the jib and contains the sheaves and accessory parts that comprise the upper load block. The lower load block is suspended from the trolley.

(2) Hammerhead Cranes — General:

(a) Adequate clearance shall be maintained between moving and rotating structures of the crane and fixed objects to allow the passage of employees without harm;

(b) Employees required to perform duties on the horizontal boom of hammerhead tower cranes shall be protected against falling by guardrails or by safety belts and lanyards attached to lifelines in conformance with OAR chapter 437, division 2/I, Personal Protective Equipment;

(d) Cranes mounted on rail tracks shall be equipped with limit switches limiting the travel of the crane on the track and stops or buffers at each end of the tracks. Cranes with self-contained power plants shall be equipped with warning devices, and stops or buffers at each end of the track;

(e) All hammerhead cranes in use shall meet the applicable requirements for design, construction, installation, testing, maintenance, inspection, and operation as prescribed by the manufacturer and to ensure compliance with the rules in this division;

(f) The employer shall provide a wind velocity device which will give a visible or audible alarm to the crane operator at a predetermined wind velocity; and

(g) The employer shall ensure that:

(A) The wind velocity device is compatible with the manufacturer’s crane specifications; and

(B) The crane operators are fully instructed regarding the maximum permissible wind speeds during operation; and

(3) Mobile Cranes Mounted on Barges:

(a) When a mobile crane is mounted on a barge, the rated load of the crane shall not exceed the original capacity specified by the manufacturer;

(b) A load rating chart, with clearly legible letters and figures, shall be provided with each crane, and securely fixed at a location easily visible to the operator;

(c) When load ratings are reduced to stay within the limits for list of the barge with a crane mounted on it, a new load rating chart shall be provided;

(d) Mobile cranes on barges shall be positively secured.

(4) Permanently Mounted Floating Cranes and Derricks:

(a) When cranes and derricks are permanently installed on a barge, the capacity and limitations of use shall be based on competent design criteria;

(b) A load rating chart with clearly legible letters and figures shall be provided and securely fixed at a location easily visible to the operator;

(c) Floating cranes and floating derricks in use shall meet the applicable requirements for design, construction, installation, testing, maintenance, and operation as prescribed by the manufacturer.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 13-1993, f. 8-20-93, cert. ef. 11-1-93
WCD 3-1981, f. 4-20-81, ef. 6-1-81
WCB 11-1974, f. 3-20-74, ef. 4-15-74

Or. Admin. R. 437-002-0235 Additional Oregon Rule for Slings

Chain Slings. When lifting with chain slings, use only alloy steel chain. Do not use proof coil or high test carbon steel. The only exception is for plating or dip work where the chemicals make alloy steel chain unsafe or otherwise unsuitable. In those cases, use chain appropriate for the work.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 12-2001, f. & cert. ef. 10-26-01
OSHA 13-1993, f. 8-20-93, cert. ef. 11-1-93
WCD 8-1979, f. 10-19-79, ef. 2-1-80
WCB 1-1978, f. 2-16-78, ef. 3-15-78
WCB 16-1976, f. 7-6-76, ef. 8-1-76
WCB 11-1974, f. 3-20-74, ef. 4-15-74

Or. Admin. R. 437-002-0240 Adoption by Reference

In addition to and not in lieu of, any other health and safety codes contained in OAR chapter 437, the Department adopts by reference the following federal regulations printed as part of the Code of Federal Regulations, 29 CFR 1910 in the Federal Register:

(1) 29 CFR 1910.211 Definitions; published 12/3/74, FR vol. 39, pp. 41846-41848; 3/14/88, FR vol. 53, p. 8353.

(2) 29 CFR 1910.212 General requirements for all machines; published 10/24/78, FR vol. 43, p. 49750.

(3) 29 CFR 1910.213 Woodworking machines; published 2/10/84., FR vol. 49, p. 5323.

(4) Reserved for 29 CFR 1910.214 Cooperage machinery.

(5) 29 CFR 1910.215 Abrasive wheel machinery; published 3/7/96, FR vol. 61, no. 46, p. 9240.

(6) 29 CFR 1910.216 Mills and calendars in the rubber and plastics industries; published 3/7/96, FR vol. 61, no. 46, p. 9240.

(7) 29 CFR 1910.217 Mechanical power presses; published 11/20/13, FR vol. 78, no. 224, p. 69543.

(8) 29 CFR 1910.218 Forging machines; published 3/7/96, FR vol. 61, no.46, p. 9240.

(9) 29 CFR 1910.219 Mechanical power-transmission apparatus; published 6/8/04, FR vol. 69, p. 31880-31882.

NOTE: These standards are available from the Oregon Occupational Safety and Health Division (OR-OSHA), Department of Consumer and Business Services; and the United States Government Printing Office.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2014, f. & cert. ef. 5-14-14
OSHA 7-2012, f. & cert. ef. 12-14-12
OSHA 1-2012, f. & cert .ef. 4-10-12
OSHA 4-2004, f. & cert. ef. 9-15-04
OSHA 4-1997, f. & cert. ef. 4-2-97
APD 22-1988, f. 12-30-88, ef. 1-1-89

Or. Admin. R. 437-002-0242 Oregon Rules for Machinery and Machine Guarding

(1) Definition of Gate or Movable Barrier:

(a) Type A gate or movable barrier — Protects the operator by enclosing the point-of-operation before a press stroke can be initiated, and maintaining this closed condition until the motion of the slide has ceased;

(b) Type B gate or movable barrier — Protects the operator by enclosing the point-of-operation before a press stroke can be initiated, so as to prevent an operation from reaching into the point-of-operation prior to die closure or prior to cessation of slide motion during the downward stroke.

(2) Reciprocating Shear Lines. Platform hoists, scissor lifts, and other reciprocating mechanisms shall be guarded or arranged so that there are no exposed shear lines.

(3) Saw Guard. Where it is possible to walk behind the saw, the saw shall be completely guarded when in its rest position.

(4) Radial Saws. Radial saws shall be equipped with upper and lower guards as follows:

(a) By device or devices, including jigs, work holders, guides, stops or other engineering controls which provide protection equal to that of the device described in 1910.213(h)(1);

(b) A stop shall be provided to prevent the leading edge of the saw from passing the front edge of the table or roll case, or the table widened to obtain equal results.

(5) Use of Gloves:

(a) If gloves are used in conjunction with a pull-out device, the gloves shall be worn outside the operator’s hand attachments;

(b) If gloves are used in conjunction with a holdout or restraint device, the gloves shall be worn outside the operator’s hand attachments.

(6) Effective Dates:

(a) Effective dates for amendments to 1910.211 and 1910.217 printed in the Federal Register, Vol. 53, No. 49, p. 8352–8365 on March 14, 1988, are 90 days after adoption of these rules; except Appendix C of 1910.217 becomes effective 30 days after the final adoption of these rules;

(b) All other rules are effective upon date of adoption.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-1994, f. & cert. ef. 9-30-94
OSHA 5-1990, f. & cert. ef. 2-9-90
OSHA 2-1990, f. 1-19-90, cert. ef. 3-1-90
APD 22-1988, f. 12-30-88, ef. 1-1-89

Or. Admin. R. 437-002-0256 Stationary Compactors, Self-Contained Compactors, and Balers

This applies to all stationary compactors, self-contained compactors, and balers.

You must comply with:

Subdivision 2/D Walking/Working Surfaces, for ladders, stairs and other walking/working surfaces.

Subdivision 2/J 1910.147, Control of Hazardous Energy, for maintenance, servicing, and repair activities.

Subdivision 2/J 437-002-0146 Confined Spaces for confined space hazards.

Subdivision 2/O Machine Guarding for any guarding hazard not covered in these rules.

YOUR RESPONSIBILITY:

To protect employees from hazards associated with stationary compactors, self-contained compactors, and balers.

Operators and other employees

(1) You must:

Train and supervise equipment operators. Training must include information from the operation manual, when available, and these rules.

Document the name(s) of the trainer and trainees along with the date of the training.

Provide supervision to ensure employees follow correct operating procedures.

Instruct all employees how to identify and report exposure to hazards.

Prohibit wearing loose clothing, jewelry, or long loose hair that can become entangled in the equipment.

Installation, inspection and maintenance

(2) You must:

Install the equipment according to the manufacturer’s instructions.

Keep the equipment in safe working order.

Maintain the equipment according to manufacturer’s recommendations when available.

Follow the manufacturer’s recommendations for inspecting and testing. If there are no manufacturer’s recommendations available, inspect and test annually.

Keep a record of inspections for a minimum of two years.

Make sure that modifications do not diminish the original level of safety.

Add safety precautions, resulting from modifications, to the operation manual, when available, and to the training information.

Not allow the use of damaged, malfunctioning, or defective equipment.

Ensure only qualified employees, trained and authorized by your management, or authorized service technicians are allowed to maintain and repair the equipment. Qualified employees must demonstrate a proficiency in maintaining and repairing the equipment.

Guard moving parts

(3) You must:

Have guards that prevent body parts from getting caught by moving parts during the equipment’s cycle.

Use sustained manual pressure controls when not using point of operation guarding.

Make certain the point of operation is visible to the operator when using sustained manual pressure controls.

Make sure the equipment manufactured with interlocks will not function with the gate or door open.

Controls

(4) You must:

Clearly label the function of each control.

Make sure controls are not subject to unintentional activation.

Have stop controls that are red, a different size than other controls, and not recessed.

Keep emergency stop controls readily accessible to the operator, or within 3 feet of the operating feed area or chute opening at equipment location.

Provide a way to stop the complete operation of the baler or compactor at any point in the cycle.

Require horizontal balers equipped with an automatic start, to have a minimum 5-second audible and visual warning when the startup control is activated. Before the main motor starts, there must be visual warning lasting for not less than 10 additional seconds.

No alarm or delay is required when the horizontal baler is restarting from sleep mode.

Access points for Maintenance or Repairs

(5) You must:

Make sure access covers

Have functional interlocks or locks that require hand tools for removal.

Have warning signs on compactors that read:

Restricted Area, Authorized Employees Only,

Warning – Stand Clear When Tailgate or Container is in Motion and During Loading and Unloading,

Warning – This Compactor Starts Automatically,

Warning – Gate Must Be Closed Before Operating This Compactor.

Have warning signs on balers that read:

CAUTION – Stand clear When Bale is Ejected,

WARNING – This Baler Starts Automatically,

DANGER – High Voltage,

DANGER – Disconnect and Lock Out Power Before Opening This Panel

Replace missing or defaced signs.

Note: Additional sign requirements are in ANSI Z245-2-1997 7.10 compactors and ANSI Z245.5 –1997 5.1.6. balers.

Immediate work area

(6) You must:

Not allow clutter or waste material that causes a safety hazard or obstructs safe operation to accumulate around the operator station.

Include warning signs at all loading points and the point of operation on automatic cycling equipment indicating that the baler or compactor starts automatically.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-2012, f. 9-28-12, cert. ef. 4-1-13
OSHA 7-2009, f. 7-7-09, cert. ef. 7-21-09
OSHA 6-1994, f. & cert. ef. 9-30-94, Renumbered from 437-002-0242(1)
APD 22-1988, f. 12-30-88, cert. ef. 1-1-89;

Or. Admin. R. 437-002-0260 Adoption by Reference

In addition to, and not in lieu of, any other safety and health codes contained in OAR Chapter 437, the Department adopts by reference the following federal rules as printed in the Code of Federal Regulations, 29 CFR 1910, revised as of 7/1/96, and any subsequent amendments published in the Federal Register as listed below:

(1) 29 CFR 1910.241 Definitions, published 6/27/74, Federal Register, vol. 39, p. 23502; amended 10/24/78, FR vol. 43, p. 49750.

(2) 29 CFR 1910.242 Hand and portable powered tools and equipment, general, published 6/27/74, Federal Register, vol. 39, p. 23502.

(3) 29 CFR 1910.243 Guarding of portable powered tools, published 6/27/74, Federal Register, vol. 39, p. 23502; amended 10/24/78, FR vol. 43, p. 49750; 2/10/84, FR vol. 49, p. 5323; 2/1/85, FR vol. 50, p. 4649; 3/7/96, FR vol. 61, no. 46, p. 9240; 9/13/05, FR vol. 70, no. 176. p. 53925; 12/14/07, FR vol. 72, no. 240, p. 71061.

(4) 29 CFR 1910.244 Other portable tools and equipment, published 6/27/74, Federal Register, vol. 39, p. 23502; amended 2/10/84, FR vol. 49, p. 5323.

These rules are available at the Oregon Occupational Safety and Health Division, Oregon Department of Consumer and Business Services, and the United States Government Printing Office.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 7-2008, f. & cert. ef. 5-30-08
OSHA 4-2005, f. & cert. ef 12-14-05
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 10-1993, f. 7-29-93, cert. ef. 9-15-93

Or. Admin. R. 437-002-0262 Additional Definitions in Oregon

(1) “Angle Control” A safety feature designed to prevent a tool from operating when tilted beyond a predetermined angle.

(2) “Cased Power Load” A power load with the propellant contained in a closed case.

(3) “Caseless Power Load” A power load with the propellant in solid form not requiring containment.

(4) “Direct-Acting Tool” A tool in which the expanding gas of the power load acts directly on the fastener to be driven.

(5) “Fixture” A special shield which provides equivalent protection where the standard shield cannot be used.

(6) “Head” That portion of a fastener which extends above work surface after being properly driven.

(7) “Indirect-Acting Tool” A tool in which the expanding gas of the power load acts directly on a captive piston which in turn drives the fastener.

(8) “Misfire” A condition in which the powder load fails to ignite after the tool has been operated.

(9) “Powder-Actuated Fastening System” A method comprising the use of a powder-actuated tool, a power load, and a fastener.

(10) “Powder-Actuated Tool,” also known as “Tool” A tool that utilizes the expanding gases from a power load to drive a fastener.

(11) “Test Velocity” A series of deliberately free-flighted fasteners whose velocities are measured 6-1/2 feet from the muzzle end of the tool using accepted ballistic test methods.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 10-1993, f. 7-29-93, cert. ef. 9-15-93
WCD 23-1984, f. 12-28-84, ef. 1-1-85
WCB 1-1974, f. 1-16-74, ef. 2-15-74

Or. Admin. R. 437-002-0264 Additional General Requirements for Hand Tools

(1) Defective tools shall be removed from service.

(2) When not in use, tools shall be placed where they will not create a hazard.

(3) Flexible cords with damaged insulation or defective parts shall not be used.

(4) Handles of all tools shall be smooth, without sharp edges or splinters, and shall be firmly attached to the tool. Wooden handles of tools shall be of firm straight grained stock.

(5) Heads of shock tools (such as hammers, sledges, and cold chisels) shall be dressed or ground as they begin to mushroom or crack. When such tools show a tendency to chip, they shall be immediately removed from service.

(6) The cutting edges of tools shall be maintained in a uniformly sharp condition to eliminate the additional hazard resulting from the erratic resistance of the dulled edges.

(7) Heavy leather holsters, guards, or equivalent protection shall be used for sharp-edged or sharp-pointed tools carried on the worker’s person.

(8) Workers who use sharp-edged cutting tools shall use appropriate protective equipment such as gloves, aprons, and leg guards to protect against accidental cuts.

(9) Hand tools provided for use in explosive or flammable atmospheres shall be of the spark-resisting type.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-1996, f. & cert. ef. 2-16-96
OSHA 10-1993, f. 7-29-93, cert. ef. 9-15-93
WCB 12-1974, f. 4-1-74, cert. ef. 4-30-74

Or. Admin. R. 437-002-0266 Additional Oregon Rules for Guarding Portable Powered Tools

(1) Lower Guard. In addition to the provisions in 1910. 243(a)(1)(i), the lower guard shall be equipped with a lug or lever, remote from the blade teeth, that will permit the operator to safely shift the guard for starting unusual cuts.

(2) Power Chain Saws:

(a) In addition to the provisions of 1910.243(a) (2)(i), all power chain saws shall meet all applicable requirements of the ANSI B175.1-1985, Safety Code for Power Chain Saws;

(b) Power saws shall be inspected daily when in use and kept in good repair at all times. Saws with cracked or loose handle bars or defective vital parts shall not be used;

(d) Power chain saws shall have an operable chain brake if originally designed and equipped with a chain brake;

(e) Chain brakes, and other manufacturer’s safety features shall remain operational at all times.

(3) Pneumatic-Powered Tools:

(a) A shut-off valve shall be installed at the manifold or permanent pipe outlet of the compressed air supply;

(b) Workers shall not couple or uncouple hose without first shutting off the compressed air supply except when using couplers which are equipped with check valves which automatically shut off the compressed air supply;

(d) Driving pistons in pneumatic tools shall be constructed so that they cannot fly out of the tool;

(e) Pneumatic fastener-driving tools and other power-driven fastener tools, except as allowed in subsection (f) of this section, shall be equipped with a safety device to prevent ejection of nails or staples when the tool is not in firm contact with the work;

(f) Power-driven fastener-driving tools may be used without the safety device only when using staples with a diameter of .0475 inch (18 gauge A.W.G.) or less and the tool operator and all workers within 15 feet are wearing suitable eye protection;

(g) The provisions of subsection (f) of this section do not apply to office stapling machines;

(h) Oxygen or combustible gases shall not be used to drive pneumatic tools;

(i) The exhaust from pneumatic power tools shall be deflected away from the operator.

(4) Internal Combustion Engine-Driven Tools:

(a) Internal combustion engine-driven tools shall be equipped with a positive on and off ignition switch that will remain in either position;

(b) Internal combustion engine-driven tools shall be equipped with effective means to control power except those which are designed to operate at constant speed. Throttle controls shall return the engine to idling speed when released;

(c) Internal combustion engine-driven tools shall be equipped with a self-rewinding starting device, or be designed to furnish equivalent safety;

(d) Exhaust ports on internal combustion engine-driven tools shall be equipped with mufflers and shall be constructed and maintained to deflect exhaust fumes away from the operator when the tool is being used in its normal starting position;

(e) Internal combustion engine-driven tools shall be stopped while being fueled;

(f) Sling-carried tools which are powered by attached portable internal combustion engines shall be capable of quick removal;

(g) The fuel system of sling-carried tools shall be inspected before each use, and any defect shall be repaired immediately.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 10-1993, f. 7-29-93, cert. ef. 9-15-93
WCD 23-1984, f. 12-28-84, ef. 1-1-85
WCB 1-1974, f. 1-16-74, ef. 2-15-74

Or. Admin. R. 437-002-0268 Oregon Rules for Hand-Powered Equipment

(1) Hand Powered Equipment:

(a) Each hand-powered hoist shall be equipped with an effective brake or equivalent and in addition shall be equipped with a ratchet and pawl of sufficient strength to hold the maximum load in any position;

(b) Means shall be provided to prevent hand crank handles from working loose from the drive shaft.

(2) Wheelbarrows, Hand Trucks, Dollies, Pallet Jacks:

(a) Wheelbarrows, hand trucks, floor trucks, dollies, and pallet jacks shall be selected for the specific work to be done and shall not be loaded beyond safe capacity. Bodies and frames shall be made of metal or strong wood and rigidly constructed and braced to withstand severe handling and the loads to be carried;

(b) Wheelbarrows, hand trucks, floor trucks, dollies, and pallet jacks shall be kept in good repair at all times;

(c) Wheelbarrows, hand trucks, floor trucks, dollies, and pallet jacks when not in use, must be properly stored and shall not be left in such a position that they can tip, fall or roll.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 10-1993, f. 7-29-93, cert. ef. 9-15-93
WCB 7-1974, f. 3-19-74, cert. ef. 4-15-74
WCB 1-1974, f. 1-16-74, cert. ef. 2-15-74

Or. Admin. R. 437-002-0279 Additional Oregon Confined Space Requirements

(1) Prior to performing welding operations inside a confined space, evaluate the space in accordance with OAR 437-002-0146, Confined Spaces:

(a) When there are potential or actual hazards within the space that are not directly related to the welding process, follow the requirements of OAR 437-002-0146.

(b) When the only potential or actual hazards associated with the space are directly related to the welding process, follow the requirements of paragraphs (2) through (5), below.

(2) To ensure that the atmosphere remains safe for entry, continuously test the internal atmosphere of the confined space with a properly calibrated, direct-reading instrument.

(a) Provide all necessary equipment at no cost to employees.

(b) Ensure that all equipment is maintained and used in accordance with the instructions from the manufacturer.

(3) Document each entry.

(a) This documentation must include:

(A) The date of the entry.

(B) The duration of the entry.

(D) The hazards of the space determined to be related to the welding process.

(E) The measures taken to eliminate those hazards.

(F) The identity (such as make/model) of the direct-reading instrument(s) used to test the atmosphere.

(G) When applicable, any conditions that required the evacuation of the space.

(H) The name, job title, contact information, and signature of the person responsible for ensuring the safe entry conditions.

(b) Maintain this documentation for at least one year from the date of entry.

(4) Ensure that all employees leave the space immediately if at any time during entry:

(a) Monitoring indicates that atmospheric conditions are outside of the ranges that are recognized as safe; or

(b) A hazardous condition is otherwise detected.

(5) Control respiratory hazards.

(a) Either:

(A) Provide forced air ventilation; or

(B) Provide and require the use of supplied air respiratory protection.

(b) When forced air ventilation is relied upon, it must:

(A) Be sufficient to protect employees entering the space from the respiratory hazards associated with the welding process; and,

(B) Be directed to ventilate the immediate area(s) where each employee is working within the space; and,

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 11-2021, adopt filed 09/01/2021, effective 09/01/2022

Or. Admin. R. 437-002-0280 Adoption by Reference

(1) 29 CFR 1910.251 Definitions. Repealed. Oregon OSHA Admin. Order 6-2014, f. 10/28/14, ef. 5/1/15. In Oregon, OAR 437-002-0299 applies.

(2) 29 CFR 1910.252 General Requirements, published 3/26/12, FR vol. 77, no. 58, p. 17574. Amended with Oregon OSHA Administrative Order 11-2021.

(3) 29 CFR 1910.253 Oxygen-Fuel Gas Welding and Cutting. Repealed. Oregon OSHA Admin. Order 6-2014, f. 10/28/14, ef. 5/1/15. In Oregon, OAR 437-002-2253 applies.

(4) 29 CFR 1910.254 Arc Welding and Cutting, published 9/13/05, FR vol. 70, no. 176, p. 53925.

(5) 29 CFR 1910.255 Resistance Welding, published 4/11/90, Federal Register, vol. 55, no. 70, pp. 13710-13711.

These rules are on file with the Oregon Occupational Safety and Health Division, Department of Consumer and Business Services, and the United States Government Printing Office.

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022
OSHA 6-2014, f. 10-28-14, cert. ef. 5-1-15
OSHA 5-2012, f. & cert. ef. 9-25-12
OSHA 1-2012, f. & cert .ef. 4-10-12
OSHA 2-2010, f. & cert. ef. 2-25-10
OSHA 7-2008, f. & cert. ef. 5-30-08
OSHA 4-2005, f. & cert. ef 12-14-05
OSHA 3-1998, f. & cert. ef. 7-7-98
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90

Or. Admin. R. 437-002-0281 Manganese

(1) The guidelines in Table OR Q-2 may be used as an alternative to air monitoring for Manganese exposure under the following conditions:

(a) All respirator use must be in accordance with the Respiratory Protection Standard, 1910.134.

(b) The employer must provide the respiratory protection with the Assigned Protective Factor (APF) based on the type of welding-related task and the expected duration of that task. (See descriptions of tasks in 437-002- 0299.)

(A) End the exposures for that employee for that shift, or

(B) Provide respiratory protection with the higher APF listed in the Table for any additional performance of the task during the employee’s shift.

(2) If, during the course of a single work shift, an employee will perform more than one task listed in Table OR Q-2, the employer must add together the anticipated duration of all tasks and provide the respiratory protection with the most protective Assigned Protective Factor for the total duration of all tasks performed.

[Table OR Q-2]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 11-2021, adopt filed 09/01/2021, effective 09/01/2022

Or. Admin. R. 437-002-0282 Job Planning and Layout

(1) Before starting operations, securely block portable equipment to prevent accidental movement.

(2) Equip tanks, boilers, drums and similar containers with ladders for the use of welders and other workers when required for safe access and egress.

(3) Do not allow welding equipment on elevated structures unless the structure is designed and built to support all loads imposed on the structure.

(4) Design, lay out and operate work areas in a manner that prevents welding hose and cable from creating a tripping hazard.

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022
OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90

Or. Admin. R. 437-002-0283 Additional Protective Clothing Requirements During Hot Work Activities

(1) Require employees to completely cover their skin with a double layer of clothing or equivalent to prevent burns or other damage by ultraviolet light.

(2) Do not allow employees to wear easily ignited, highly flammable clothing, such as is made from synthetic materials.

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022
OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90

Or. Admin. R. 437-002-0284 Additional Specifications for Eye and Face Protection

(1) Provide and require the use of appropriate eye and face protection during all welding, cutting, and grinding tasks, in accordance with the requirements of the personal protective equipment rules at OAR 437-002-0134.

(2) Provide additional eye protection from the hazard of flying particles when a lift-front-type welder’s helmet is used.

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022
OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90

Or. Admin. R. 437-002-0285 Additional Special Precautions

Before welding or cutting on walls, floors or ceilings, inspect the hidden side to ensure that no combustible material is present.

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022
OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90

Or. Admin. R. 437-002-0286 Flammable Preservative Coatings

(1) A competent person must test any preservative coating whose flammability is not known before welding, cutting or other hot work is started.

(2) Highly flammable coatings (those coatings whose surface scrapings ignite when heat is applied) must be stripped from the area to be heated to prevent ignition.

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022
OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90

Or. Admin. R. 437-002-0287 Toxic Preservative Coatings

(1) In confined and other enclosed spaces, preservative coatings that are toxic but not highly flammable must be removed:

(a) A distance of at least 4 inches from the area of heat application; or

(b) A greater distance, if that is necessary to prevent the production of toxic fumes and gases.

(2) As an alternative to stripping the coating, the employer can choose to protect all affected employees by requiring the use of appropriate respiratory protection in accordance with the Respiratory Protection Standard, 1910.134.

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022
OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90

Or. Admin. R. 437-002-0288 Additional General Health Protection

(1) When welding, cutting, or grinding operations are performed on or with the materials listed in Table OR Q-1, follow the protective measures indicated. These measures are not required if air monitoring samples confirm that the permissible exposure limits specified in Division 2/Z, OAR 437-002-0382, Oregon Rules for Air Contaminants are not exceeded.

(2) Use effective engineering controls, including local exhaust ventilation, as the primary control measure for indoor workplaces, when feasible.

(a) Use respiratory protection as a control measure when engineering controls are not feasible, or are not effective, or they are insufficient to protect employees to permissible exposure levels.

(b) Follow all applicable requirements when working with materials covered by substance-specific rules.

(3) Provide nearby workers with potential exposure to the air contaminants associated with the materials in Table OR Q-1 with equivalent, effective protection.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022
OSHA 5-2012, f. & cert. ef. 9-25-12
OSHA 6-1994, f. & cert. ef. 9-30-94
OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90

Or. Admin. R. 437-002-0297 Oregon Requirements for Welding or Cutting Containers

(1) A competent person must ensure that the following actions are taken before any hot work (such as welding, or torch- or abrasive-cutting is performed on drums, barrels, or tanks that contain substances that are flammable or that could produce toxic vapors when subjected to heat:

(a) Clean and ventilate the containers to eliminate these substances, including solvents, greases, tars, acids, and surface coatings that could be affected;

(b) Disconnect or blank any pipe lines or connections to the container unless it is necessary for the release of pressure during the application of heat.

(2) Use appropriate atmospheric testing equipment during the hot work operation to confirm that the air in the work area at the container remains within safe parameters.

(3) Document the actions taken to ensure safe conditions were maintained.

(4) Retain this documentation for at least one year following completion of the work.

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022
OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90

Or. Admin. R. 437-002-0298 Supplied Air Respiratory Equipment

Use self-contained breathing apparatus or other supplied air respiratory equipment in areas that are immediately dangerous to life and health (IDLH) due to known respiratory hazards; or when respiratory hazards are unknown. All respiratory equipment used must be approved by the National Institute for Occupational Safety and Health (NIOSH) and used in accordance with the Respiratory Protection Standard, 1910.134.

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022
OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90

Or. Admin. R. 437-002-0299 Definitions

(1) Terms used in Division 2/Q

(a) Approved: listed or approved by a nationally recognized testing laboratory (NRTL). Note: 1910.7 has NRTL requirements.

(b) Coated steels: include metal coated to provide a protective covering such as to prevent rusting or to shield the metal from chemicals. Protective coatings can contain chromium, lead, tin, zinc or other potentially hazardous materials. During hot work, the coatings can give off fumes, smoke, or dust. Welders must know what a coating can give off when heated or burned. This information is available on the manufacturers' Safety Data Sheets. Permissible Exposure Limits for these materials must not be exceeded.

(c) Competent person: a person capable of identifying existing and predictable hazards in the work environment which are unsanitary, hazardous, or dangerous to employees; and who has authorization to take prompt corrective measures to eliminate these hazards.

(d) Confined space: As defined in OAR 437-002-0146, a space that meets all of the following:

(A) Large enough and so configured that an employee can fully enter the space and perform work.

(B) Has limited or restricted means for entry or exit.

(e) Feasible: In this context, something that is possible or capable of being done and that effectively accomplishes the goal of protecting employees.

(f) Hot work activities: include welding, torch-cutting, brazing and any similar activity that produces heat or a source of ignition.

(g) Toxic substance or harmful physical agent: As defined in 1910.1020, any chemical substance, biological agent (bacteria, virus, fungus, etc.), or physical stress (noise, heat, cold, vibration, repetitive motion, ionizing and non-ionizing radiation, hypo- or hyperbaric pressure, etc.) which:

(A) Is listed in the latest printed edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS); or

(B) Has yielded positive evidence of an acute or chronic health hazard in testing conducted by, or known to, the employer; or

(C) Is the subject of a safety data sheet kept by or known to the employer indicating that the material may pose a hazard to human health.

(2) Welding, cutting or grinding tasks referenced in Table OR Q-2:

(a) Carbon Arcing - or carbon gouging -- is an arc cutting process in which metals to be cut are melted by the heat of the carbon arc and the molten metal is removed by a blast of air.

(b) Flux-Cored Arc Welding (FCAW) -- or FCA or MIG flux core welding -- is an automatic or semi-automatic arc welding process requiring a continuously fed consumable tubular electrode containing a flux. (Shielding gas is often not needed; but a constant welding current or power supply is required.)

(c) Gas Metal Arc Welding (GMAW) - or MIG Solid Wire uses a spooled, solid steel wire fed through a welding lead to the welding gun.

(d) Gas Tungsten Arc Welding (GTAW) -- or Tungsten Inert Gas -- TIG Welding (also called "Heliarc" welding) uses a non-consumable tungsten electrode to produce the weld and an inert gas to shield the weld from the atmosphere.

(e) Grinding tasks directly related to the welding process include the preparation of metal surfaces such as the removal of coatings, rust, or oxidation; and beveling or otherwise reducing the thickness at the edge of the metal to be joined by welding.

(f) Hand-held means any welding or cutting process where the torch or electrode holder is manipulated by hand.

(g) Torch cutting includes heating the metal with a torch flame until it is red, then using a blast trigger to deliver a higher concentration of oxygen that forces the molten metal away, creating a cut.

(h) Plasma Cutting uses a high-intensity plasma arc to melt a very narrow area that pushes through the work piece and removes the molten metal.

(i) Shielded Metal Arc Welding (SMAW) - also called "stick" welding -- uses a stick-type electrode core covered by chemical or metallic materials that provide shielding from surrounding air to complete an electrical circuit. Typically, a holder keeps the electrode at a chosen angle.

(3) Notes about the recommended "Standard order for atmospheric testing" in a confined or other enclosed space:

(a) Before workers are allowed to enter confined and enclosed spaces, and at sufficient intervals to ensure safe conditions, a person competent in the use of atmospheric testing equipment may be required to test the atmosphere.

(b) The following is considered the standard order of testing and provides guidelines for ranges of concentration that are recognized as safe:

(A) Oxygen. To support life, Oxygen content levels must be maintained at or above 19.5% and below 22.0% by volume. (Above 22.0% by volume is an "oxygen-enriched atmosphere with additional safety hazards for fire and explosion.) If an oxygen-deficient or oxygen-enriched atmosphere is found, ventilation must be provided at volumes and flow rates sufficient to restore oxygen content to the safe range.

(B) Flammable gases/ vapors. The concentration of flammable gasses or vapors must be maintained below 10% of the Lower Explosive Limit (LEL).

(C) Toxic vapors. The types of toxic gases, vapors, or fumes present will depend on the types of materials being worked on and worked with. These air contaminants must be maintained below the OSHA permissible exposure limits (PELs). If there is no established OSHA PEL, the levels must be maintained below the NIOSH immediately dangerous to life and health (IDLH) level. Local exhaust ventilation can remove these contaminants at their source while general exhaust ventilation -- provided at sufficient volumes and flow rates -- can restore concentrations to safe levels.

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 11-2021, adopt filed 09/01/2021, effective 09/01/2022

Or. Admin. R. 437-002-0300 Adoption by Reference

(1) Reserved for 29 CFR 1910.261 Pulp, Paper, and Paperboard Mills.

(2) 29 CFR 1910.262 Textiles, published 11/18/16, FR vol. 81, no. 223, p. 82494.

(3) 29 CFR 1910.263 Bakery Equipment, published 3/7/96, FR vol. 61, no. 46, p. 9241.

(4) 29 CFR 1910.264 Laundry Machinery and Operations, published 11/7/78, FR vol. 43, p. 51760.

(5) 29 CFR 1910.265 Sawmills, published 11/18/16, FR vol. 81, no. 223, p. 82494.

(6) Reserved for 29 CFR 1910.266 Pulpwood Logging.

NOTE: In Oregon, Pulpwood Logging rules are Oregon-initiated rules provided in Division 7, Forest Activities.

(7) Reserved for 29 CFR 1910.267 Agricultural Operations.

(8) 29 CFR 1910.268 Telecommunications, published 11/18/16, FR vol. 81, no. 223, p. 82494.

(9) 29 CFR 1910.269 Electric power generation, transmission and distribution. Repealed with Oregon OSHA Admin. Order 3-2015, f. 10/9/15, ef. 1/1/16. In Oregon, Division 2/RR applies.

(10) 29 CFR 1910.272 Grain Handling Facilities, and Appendices A, B and C, published 3/7/96, FR vol. 61, no. 46, p. 9242.

(11) 29 CFR 1910.274 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9242.

(12) 29 CFR 1910.275 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9242.

Note: These standards are available from the Oregon Occupational Safety and Health Division (OR-OSHA), Department of Consumer and Business Services; and the United States Government Printing Office.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 6-2017, f. 9-5-17, cert. ef. 11-1-17
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16
OSHA 6-2012, f. 9-28-12, cert. ef. 4-1-13
OSHA 1-2012, f. & cert .ef. 4-10-12
OSHA 4-2005, f. & cert. ef 12-14-05
OSHA 4-2004, f. & cert. ef. 9-15-04
OSHA 5-2001, f. & cert. ef. 4-6-01
OSHA 3-1999, f. & cert. ef. 4-30-99
OSHA 2-1999, f. & cert. ef. 4-30-99
OSHA 3-1998, f. & cert. ef. 7-7-98
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 3-1996, f. & cert. ef. 7-22-96
OSHA 6-1995, f. 4-18-95, cert. ef. 6-1-95
OSHA 3-1994, f. & cert. ef. 8-1-94
OSHA 11-1993, f. 8-4-93, cert. ef. 10-1-93
OSHA 7-1993, f. 6-8-93, cert. ef. 8-1-93
OSHA 14-1991, f. 10-10-91, cert. ef. 11-1-91
OSHA 27-1990, f. 12-12-90, ef. 2-1-91
OSHA 23-1990, f. 9-28-90, ef. 12-1-90
APD 10-1988, f. & ef. 7-7-88

Or. Admin. R. 437-002-0301 Scope and Application

(1) These rules set minimum safety requirements for tree and shrub trimming, pruning, bracing, removal, and surgery. These rules shall apply to all tree and shrub services.

(2) These rules do not apply to agricultural crops or crop services, or to tree trimming operations within 10 feet of any high voltage (600 v) power lines or equipment. Tree trimming operations around power lines are covered under Division 2/RR.

(3) If a specific type of equipment, process or practice is not limited to the tree and shrub service industry, the provisions contained in other divisions of OAR 437, Oregon Occupational Safety and Health Code, shall apply.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16
OSHA 1-1996, f. & cert. ef. 2-16-96
OSHA 3-1994, f. & cert. ef. 8-1-94
OSHA 27-1990, f. 12-12-90, cert. ef. 2-1-91

Or. Admin. R. 437-002-0302 Definitions

“Qualified Tree Worker” — A worker who through related training and on-the-job experience is familiar with the techniques and hazards of tree pruning, trimming, repairing, or removal, and the equipment used in such operations.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-1996, f. & cert. ef. 2-16-96
OSHA 27-1990, f. 12-12-90, cert. ef. 2-1-91

Or. Admin. R. 437-002-0303 Training and Work Planning

Employers shall instruct their employees in the proper use of all equipment provided for them and shall require that safe working practices be observed. A job safety briefing with all crew members shall be held and all work procedures and assignments shall be worked out carefully before any tree job is begun.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-1996, f. & cert. ef. 2-16-96
OSHA 27-1990, f. 12-12-90, cert. ef. 2-1-91

Or. Admin. R. 437-002-0304 First Aid Requirements

(1) First aid care and supplies shall be provided as required by OAR 437-002-0161, in division 2/K, Medical Services and First Aid;

(2) Personnel shall be able to render cardio-pulmonary resuscitation (CPR); and

(3) Be trained in tree top rescue.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 27-1990, f. 12-12-90, cert. ef. 2-1-91

Or. Admin. R. 437-002-0305 Traffic Control

Effective means for control of pedestrian and vehicular traffic shall be instituted on every jobsite on or adjacent to a highway, street or railway. Traffic controls shall conform to the American National Standards Institute (ANSI) D6.1e-1989, Manual on Uniform Traffic Control Devices for Streets and Highways.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 27-1990, f. 12-12-90, cert. ef. 2-1-91

Or. Admin. R. 437-002-0306 Electrical Hazards

(1) General:

(a) The employer shall ensure that a close inspection is made by the employee and by the foreman or supervisor in charge before climbing, entering or working around any tree, to determine whether an electrical power conductor passes through the tree, or passes within reaching distance of an employee working in the tree. If any of these conditions exist either directly or indirectly, an electrical hazard shall be considered to exist unless the system operator/owner has caused the hazard to be removed by deenergizing the lines, or installing protective equipment;

(2) Unqualified persons. When an unqualified person is working near overhead lines, the location shall be such that the person and the longest conductive object he or she may contact cannot come closer to any unguarded, energized overhead line than the following distances:

(a) For voltages to ground 50kV or below — 10 ft. (305 cm);

(b) For voltages to ground over 50kV — 10 ft. (305 cm) plus 4 in. (10 cm) for every 10kV over 50kV.

(3) Electrical Safety-Related Work Practices. The employer shall assure that 29 CFR 1910.331 through 1910.335, Electrical Safety-Related Work Practices, in Division 2/S, are complied with for all electrical hazards, EXCEPT as provided for in 29 CFR 1910.331(c).

(4) Notification to Power Company. The power company shall be notified when working within ten (10) feet of a power line or when a tree may fall within ten (10) feet of a power line.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-1996, f. & cert. ef. 2-16-96
OSHA 27-1990, f. 12-12-90, cert. ef. 2-1-91

Or. Admin. R. 437-002-0307 Personal Protective Equipment

(1) Personal protective equipment shall be provided and used as required by OAR 437, division 2/I, Personal Protective Equipment.

(2) Safety belts or tree-trimming saddle belts shall conform to ANSI A10.14-1975, Requirements for Safety Belts, Harnesses, Lanyards, Lifelines, and Drop Lines for Construction and Industrial Use. Safety belts, tree trimming saddles, or a saddle formed by a double bowline shall be worn to protect workers when working aloft.

(3) Saddle belts or safety belts used for climbing operations shall have forged support rings. Snaps used in climbing ropes or in safety straps, for attachment to the forged support ring, shall be of a self-closing safety type. Forged support rings shall be designed so that the snaps will not become disengaged (roll off) accidentally.

(4) Saddle belts or safety belts shall not be spliced or weakened by punching extra holes in them.

(5) All employees using chain saws shall wear flexible ballistic nylon pads or other equivalent protection sewn or otherwise fastened to the trousers, which will protect the legs from the thigh to below the knee.

(6) Eye or face protection shall be provided and used where chips, sawdust or flying particles present a hazard.

(7) When operating chain saws or other noisy equipment, employees must wear hearing protection that complies with Subdivision 2/G, Occupational Noise Exposure.

(a) The employer must provide hearing protection at no cost to employees and must allow them to choose from a variety of suitable devices.

(b) The employer must train the employees in the proper use and care of the hearing protection.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 12-2001, f. & cert. ef. 10-26-01
OSHA 1-1996, f. & cert. ef. 2-16-96
OSHA 27-1990, f. 12-12-90, cert. ef. 2-1-91

Or. Admin. R. 437-002-0308 Portable Power Tools

(1) Electric tools. All portable electric hand tools shall:

(a) Be equipped with three-wire cord having the ground wire permanently connected to the tool frame and means for grounding the other end; or

(b) Be of the double insulated type and permanently labeled as “Double Insulated”;

(d) Tool operators shall:

(A) Use electric hand tools in accordance with the manufacturer’s instructions;

(B) Prevent cords from becoming entangled, damaged, or cut by blades and bits;

(D) Support an electrical tool and its power supply cord by a line, independent of the worker when the tool is used aloft.

(2) Gasoline-Driven Power Saws:

(a) Power saws shall not be used when employees are supported by a single climbing belt or rope;

(b) When working aloft using power saws, employees shall be supported by their climbing belt or rope and by a safety line to a crotch in the tree higher than the climber’s waistline. The safety line shall be secured to a separate point on the climber’s body belt and kept snug at all times;

(d) Power saws weighing more than 15 pounds (service weight) used in trees shall be supported by a separate line, except when used from an aerial-lift device;

(e) Where there are no lateral branches on which to crotch a separate line for power saws weighing over 15 pounds, a false crotch shall be used. A false crotch is one that can hold power-saw lines without slipping or coming untied;

(f) The operator shall have secure footing when starting the saw. Power saws weighing less than 15 pounds (service weight) may be drop started. Drop starting of saws over 15 pounds is permitted outside of the basket of an aerial lift only after ensuring that the area below the aerial lift is clear of personnel;

(g) The engine shall be started and operated only when all other workers are clear of the saw;

(h) The engine shall be stopped when power saws are being carried. The saw need not be stopped between cuts during consecutive felling, bucking, or limbing or cutting operations on reasonably level ground. The chain shall not be turning and the operator’s hand shall be off the throttle lever while moving between work locations. Single person saws shall be carried by the worker on his/her side with the guide bar of the saw pointed to the rear;

(i) The engine shall be stopped for all cleaning, refueling, adjustments, and repairs to the motor;

(j) The saw muffler shall be maintained in good condition;

(k) The saw shall be clean of sawdust and flammable material;

(l) Power chain saws shall be equipped with an automatic throttle control which will return the engine to idling speed upon release of the throttle. “Idling” is when the chain is not moving while the engine is running;

(m) Power saws shall meet all applicable requirements of ANSI B175.1-1985, Safety Requirements for Gasoline-Powered Chain Saws.

(3) Backpack power units:

(a) The manufacturer’s operating safety instructions shall be followed unless modified by these rules;

(b) No one except the operator shall be within ten feet of the cutting head of a brush saw;

(d) The operator shall observe the position of all personnel while the unit is running;

(e) The engine shall be stopped for all cleaning, refueling, adjustments, and repair to the saw or motor where practical, except where manufacturer’s procedures require otherwise.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 27-1990, f. 12-12-90, cert. ef. 2-1-91

Or. Admin. R. 437-002-0309 Hand Tools

(1) General.

(a) The correct tool shall be selected for the job.

(b) Tools that have been made unsafe by damage or defect shall not be used.

(c) When climbing a tree, workers shall not carry tools in their hands other than tools that are used to assist them in climbing.

(d) Workers shall maintain a safe working distance from other workers when using hand tools.

(e) Tools shall be properly stored or placed in plain sight out of the immediate work area when not in use.

(f) Workers shall not throw or drop tools from trees unless warning has been given and the ground area is clear, and the act of dropping will not endanger personnel.

(2) Pruners and hand saws.

(a) Pole pruners, pole saws, and other similar tools shall be equipped with wood or nonmetallic poles. Actuating cord shall be of nonconducting material.

(b) When inserting a blade in a bow-saw frame, workers shall keep their hands and fingers in the clear when the tension lever snaps into or against the saw frame. When removing a bow-saw blade from the frame, the operator shall stay clear of the blade.

(3) Chopping tools — axes, brush hooks, machetes, and others.

(a) Chopping tools that have loose or cracked heads or splintered handles shall not be used.

(b) Chopping tools shall never be used while working aloft.

(d) Chopping tools shall not be driven as wedges or used to drive metal wedges unless specifically designed to be driven or to be used to drive wedges.

(4) Injector tools for applying herbicides.

(a) The bit of injector tools shall be covered with a shield when not in use.

(b) Injectors shall be laid flat on the ground when not in use.

(c) The injector shall not be carried on the shoulders but shall be carried by the loop handle on the downhill side, with the bit properly shielded and facing to the rear.

(5) Grub hoes, mattocks and picks.

(a) The blade eye shall be tight-fitting and wedged so that it cannot slide down the handle.

(b) When swinging grub hoes, mattocks, and picks, the worker shall have a secure grip and firm footing.

(6) Cant hooks, cant dogs, tongs, and carrying bars.

(a) Hooks shall be firmly set before applying pressure.

(b) Tools with cracked, splintered, or weakened handles shall not be used.

(d) The points of hooks shall be at least 2 inches long and kept sharp.

(e) Workers shall stand to the rear and uphill when rolling logs.

(7) Wedges, chisels, and gouges.

(a) Wedges, chisels, and gouges shall be inspected for cracks and flaws before use.

(b) Wedges and chisels shall be properly pointed and tempered. Tools with mushroomed heads shall not be used.

(d) Wood-handled chisels shall be protected with a ferrule on the striking end.

(8) Hammers, mauls, and sledges. Wood, rubber or high-impact plastic mauls, sledges, or hammers shall be used when striking wood-handled chisels or gouges.

(9) Ropes.

(a) Climbing ropes shall be used when working aloft in trees. Climbing ropes shall have a minimum diameter of 1/2-inch and be a 3- or 4-strand first-grade manila with a nominal breaking strength of 2385 pounds or its equivalent in strength and durability. Synthetic rope shall have a maximum elasticity of not more than 7 percent.

(b) Rope made unsafe by damage or defect, or for any other reason, shall not be used.

(c) Rope shall be stored away from all cutting edges and sharp tools. Corrosive chemicals, gas, and oil shall be kept away from rope.

(d) Climbing ropes and safety lines shall not be used to lower limbs or other parts of trees or to raise or lower equipment.

(e) When stored, rope shall be coiled and piled, or suspended, so that air can circulate through the coils.

(f) Rope ends shall be secured to prevent unraveling.

(g) Climbing and safety rope shall not be spliced to effect repair.

(h) Safety snaps shall be rotated from one end of the rope to the other, as needed, and the worn end cut off.

(i) A handline shall be used for raising or lowering tools and limbs.

(10) Tackle blocks and pulleys. Tackle blocks and pulleys shall be inspected immediately before use and shall be condemned if defective, in accordance with procedures given in ANSI/ASME B30.9-1984, B30.9a-1985, and B30.9b-1987, Safety Standard for Slings.

(11) Ladders.

(a) When using portable ladders to climb trees, the ladder shall be tied to the tree or supported by another worker. When working from a ladder during cutting operations, the ladder shall be securely tied or braced, and the worker tied in as required by OAR 437-002-0310(1)(a)(A).

(b) Ladders, platforms, and aerial devices, including insulated aerial devices, shall not be placed in a position where they could contact an electrical conductor. Reliance shall not be placed on their dielectric capabilities.

(c) Ladders made of metal or other conductive material shall not be used where an electrical hazard exists. Only approved wood ladders (constructed in accordance with ANSI A14.1-1982, Safety Requirements for Portable Wood Ladders, or nonconductive ladders made of synthetic material equal to or exceeding the strength of approved wood ladders, shall be used.

(d) Metal ladders used where no electrical hazard exists shall conform to ANSI A14.2-1982, Safety Requirements for Portable Metal Ladders.

(e) All ladders shall be inspected daily before use. Unsafe ladders shall not be used.

(f) The attaching of cleats, metal points, and safety feet; lashing; or other effective means of securing the ladder shall be used if there is danger of its slipping.

(g) Ladders shall be supported while in storage so they will not sag. Except when on mobile equipment, ladders shall be stored under suitable cover, protected from the weather, and kept in a dry location away from excessive heat.

(h) Ladders shall not be used as bridges or inclined planes to load or handle logs or other material.

(12) Climbing spurs. Climbing spurs shall be of the tree-climbing type and have gaffs suitable for the tree being climbed.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 1-1996, f. & cert. ef. 2-16-96
OSHA 27-1990, f. 12-12-90, cert. ef. 2-1-91

Or. Admin. R. 437-002-0310 Work Procedures

(1) Climbing.

(a) A tree worker shall be tied in with an approved type of climbing rope and safety saddle when working 4 feet above the ground. A safety strap or rope with snaps may be used for additional protection.

(A) When working from a ladder more than 10 feet above the adjacent ground line, the worker must be tied in with an approved type of climbing rope and safety saddle.

(B) When working from a scaffold more than 10 feet above the adjacent ground line, and an exposure to a fall hazard exists, the employee shall be tied in with the climbing rope and safety saddle.

(b) Limbs shall be inspected, while climbing, before applying weight. The climber shall not trust the capability of a dead branch to support his/her weight. Dead branches shall be broken off on the way up, if possible. Hands and feet shall be placed on separate limbs, if possible.

(c) The climbing rope shall be passed around the trunk of the tree as high as possible using branches with a wide crotch to prevent any binding of the safety rope. The crotch selected for tying in shall be over the work area as much as possible, but located in such a way that a slip or fall would swing the worker away from any electrical conductor. The rope shall also be passed around the main leader or an upright branch, using the limb as a stop. Feet, hands, and ropes shall be kept out of tight V-shaped crotches.

(d) The location of all electrical conductors shall be noted in relation to work procedures. The worker shall climb on the side of the tree that is away from electrical conductors, if possible.

(e) A figure-eight knot shall be tied in the end of the rope, particularly in the case of high trees. This will prevent pulling the rope accidentally through the taut line-hitch and possible serious injury from a fall.

(f) The climbing line shall be crotched as soon as practical after the worker is aloft, and a taut line-hitch tied and checked.

(g) The worker shall be completely secured with the climbing line before starting operations.

(h) The worker shall remain tied in until the work is completed and the worker has returned to the ground. If it is necessary to recrotch the rope in the tree, the worker shall retie the rope or use the safety strap before releasing the previous tie.

(2) Pruning and Trimming.

(a) Pole pruners and pole saws shall be hung securely in a vertical position to prevent dislodging. Pole pruners or pole saws shall not be hung on utility wires or cables, or left in the tree overnight. Pole saws shall be hung so that the sharp edge is away from the worker.

(b) A scabbard or sheath shall be hooked to the belt or safety saddle to carry the handsaw when not in use.

(d) A separate line shall be attached to limbs which cannot be dropped or are too heavy to be controlled by hand. The line shall be held by workers on the ground end of the rope. Use of the same crotch for both safety rope and work rope shall be avoided.

(e) Cut branches shall not be left in trees overnight.

(f) A climbing rope shall never be left in a tree overnight. A service line shall be put up for overnight or longer.

(g) The climber shall inspect the rope for cuts or abrasions before starting work. If any cuts or serious abrasions are found, the rope shall be discarded, used for some other purpose, or the defective section cut off.

(h) During all tree working operations aloft, there shall be a second worker in the vicinity. This shall not apply to utility workers engaged in tree trimming incidental to their normal occupation, or to one-man service crews.

(3) Cabling.

(a) In cabling operations, branches which are to be cabled shall be brought together to the proper distanced by means of a block and tackle, a hand winch, a rope, or a rope with a come-along.

(b) Not more than two persons shall be in the tree working at opposite ends during cabling installation.

(c) When releasing the block and tackle, workers in trees shall be off to one side in case the lag hooks pull out under strain.

(d) Ground workers shall not stand under the tree when cable is being installed.

(e) Tools used for cabling, bark tracing, cavity work, etc., shall be carried in a bag or belt designed to hold tools, not put in the pocket or stuck in the top of a boot.

(4) Topping.

(a) Workers doing topping shall make sure the trees are able to stand the strain of a topping procedure. If not, some other means of lowering the branches shall be provided, such as a tree crane.

(b) If large limbs are lowered in sections, the worker in the tree shall be above the limb being lowered.

(5) Felling.

(a) Before beginning any felling operation, a safety plan shall be developed which shall consider:

(A) The tree and the surrounding area for anything that may create a hazard when the tree falls;

(B) The shape of the tree;

(D) Wind force and direction;

(E) Decayed or other weak spots; and

(F) The location of other persons or structures.

(b) The work area shall be cleared to permit safe working conditions, and an escape route shall be planned before any cutting is started.

(c) Each tree worker shall be instructed as to exactly what is to be done during the felling operation. All workers not directly involved shall be at least two tree lengths away from the tree being felled.

(d) A notch and backcut shall be used in felling trees over 5 inches diameter breast high. No tree shall be felled by “ripping” or “slicing” cuts.

(e) The depth or penetration of the notch shall be approximately one-third the diameter of the tree.

(f) The opening or height of the notch shall be approximately 2-1/2 inches for each foot in diameter of the tree.

(g) The backcut shall be made higher than the point or apex of the notch to prevent kickback.

(h) Just before the tree is ready to fall, an audible warning shall be given to those in the area.

(i) If there is danger that the tree being felled may fall the wrong way or damage property; wedges, block and tackle, rope, or wire cable (except where an electrical hazard exists) shall be used. All limbs shall be removed from trees to a height and width sufficient to allow the tree to fall clear of any wires and other objects in the vicinity.

(j) Special precautions in roping rotten or split trees shall be taken to prevent the tree from falling in an unexpected direction even though the cut is made on the proper side.

(k) The faller shall retreat to a safe location when a tree is committed to fall.

(6) Chipper equipment and operation.

Equipment Design

(a) Enclose chipper rotating components in a housing capable of retaining broken chipper knives or foreign material.

(b) Chipper feed chutes and side members must be designed to prevent operator contact with rotating blades during normal operation.

(A) An infeed hopper that measures at least 85 inches from the blades or knives to ground level at the centerline of the hopper.

(B) A flexible antikickback device in the feed hopper. This device must protect the operator and other persons in the area from flying chips and debris.

(d) Chippers with a mechanical infeed system must have a quick stop reversing device on the infeed. The quick stop reversing device control lever must be across the top and along each side of the hopper, as close to the feed end of the hopper as practicable within easy reach of the operator.

Worker Apparel

(e) Employees in the immediate area of an operating chipper must wear personal protective equipment as required by Subdivision I of this Division.

(f) Workers feeding chippers must not wear loose clothing, gauntlet-type gloves, rings or watches.

Work Practices

(g) Prevent accidental restart of equipment shut down for adjustment or repair as required by Division 2/J, 1910.147, Lockout/Tagout.

(h) Guard exposed adjacent blades when replacing chipper blades.

(i) Close and secure all access panels before operating the chipper.

(j) The chipper operator must have a coworker in the immediate vicinity when feeding chipper.

(k) Do not feed foreign objects into chipper.

(l) Feed chippers from the side of the centerline. The operator must immediately turn away from the feed table as brush is drawn into the rotor. Feed chippers from curbside whenever practical.

(m) Feed and discharge chutes must be in place to prevent contact with rotating blades during chipper operation.

(n) Chipper operators must be familiar with the manufacturer’s operating instructions, maintenance and safe work practices.

(o) When trailer chippers are detached from trucks they must be chocked or otherwise secured.

(p) Before towing chipper, cross safety chains under the tongue of the chipper and attach them to the towing vehicle.

(7) Limbing and bucking.

(a) The tree worker shall work on the side opposite the side on which the limb is being cut.

(b) The tree worker shall stand on the uphill side of the work.

(d) The tree worker shall block the log to prevent rolling, when necessary.

(e) When bucking up trunks of trees, wedges shall be used as necessary to prevent binding of the guide bar or chain.

(8) Storm work and emergency conditions.

(a) Since storm work and emergency conditions create special hazards, only authorized representatives of the electric utility system operator/owner may perform tree work in these situations where energized electrical power conductors are involved.

(b) When an emergency condition develops due to tree operations, work shall be suspended and the system operator/owner shall be notified immediately.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 5-2001, f. & cert. ef. 4-6-01
OSHA 27-1990, f. 12-12-90, cert. ef. 2-1-91

Or. Admin. R. 437-002-0311 Mobile Equipment

(1) All vehicles shall comply with OAR 437-002-0223 in Division 2/N, Material Handling and Storage.

(2) All aerial lifts shall comply with Division 2/F, 1910.67, Vehicle-Mounted Elevating and Rotating Work Platforms.

(3) When an aerial lift device contacts an electrical conductor, the truck supporting the aerial lift device shall be considered as energized.

(4) Sprayers and related equipment.

(a) Working and walking surfaces of all sprayers and related equipment shall be covered with slip-resistant material.

(b) Equipment on which workers stand and spray while the vehicle is in motion shall be equipped with guardrailing around the working area. The guardrailings shall be constructed in accordance with Division 2/D.

(5) Stump cutters.

(a) Stump cutters shall be equipped with enclosures or guards that effectively protect the operator.

(b) The operator and workers in the immediate area shall wear eye protection.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 27-1990, f. 12-12-90, cert. ef. 2-1-91

Or. Admin. R. 437-002-0312 Oregon Rules for Pulp, Paper and Paperboard Mills

(1) General Requirements.

(a) Application. This section applies to establishments where pulp, paper, and paperboard are manufactured or converted. This section does not apply to logging and the transportation of logs to pulp, paper, and paperboard mills.

(b) Standards incorporated by reference. Standards covering issues of occupational safety and health which have general application without regard to any specific industry are incorporated by reference in sections (2) through (14) of this rule and in subsections (c) and (d) of this rule and made applicable under this rule. Such standards shall be construed according to the rules set forth in §1910.5, Applicability of Standards, in Subdivision A.

(c) General incorporation of standards. Establishments subject to this section shall comply with the following standards of the American National Standards Institute:

(A) Safety Requirements for Floor and Wall Openings, Railings, and Toeboards, A10.18-1983.

(B) Scheme for the Identification of Piping Systems, A13.1-1981 (R1993).

(D) Safety Code for Portable Metal Ladders, A14.2-1990.

(E) Safety Code for Fixed Ladders, A14.3-1990.

(F) Safety Code for Cranes, Derricks, and Hoists, B30.2-1990.

(G) Overhead and Gantry Cranes, B30.17-1992.

(H) Crawler, Locomotive, and Truck Cranes, B30.8-1993.

(I) Safety Code for Woodworking Machinery, ANSI O1.1-1992.

(J) Method of Measurement of Real-Ear Protection of Hearing Protectors – Physical Attenuation of Ear Muffs, ANSI S3.19-1974 (R1990).

(K) Practice for Occupational and Educational Eye and Face Protection, ANSI Z87.1-1989.

(L) Requirements for Sanitation in Places of Employment, ANSI Z4.1-1986.

(M) Fundamentals Governing the Design and Operation of Local Exhaust Systems, Z9.2-1979 (R 1991).

(N) Practices for Respiratory Protection, ANSI Z88.2-1992.

(O) Safety Requirements for Industrial Head Protection, ANSI Z89.1-1986.

(P) Safety Color Code, ANSI Z535.1-1991.

(Q) Practice for the Inspection of Elevators (Inspector’s Manual), ANSI/ASME A17.2-1988.

(R) Safety Code for Elevators, Dumbwaiters, and Moving Walks, ANSI/ASME A17.1-1990.

(S) Safety Code for Mechanical Power-Transmission Apparatus, ANSI/ASME B15.1-1992.

(T) Safety Code for Conveyors, Cableways, and Related Equipment, ANSI/ASME B20.1-1993.

(U) Power Piping, ANSI/ASME B31.1-1992.

(V) Safety Code for Powered Industrial Trucks, ANSI/ASME B56.1.

(W) Practice for Industrial Lighting, ANSI/IES RP-990.

(X) Installation of Blower and Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying, ANSI/NFPA 91-1992.

(Y) Fire Department Self-Contained Breathing Apparatus Program, ANSI/NFPA 1404-1989.

(Z) Safety Code for Ventilation and Operation of Open-Surface Tanks, ANSI/UL 641-1985.

(d) Other standards. The following standards shall be considered standards under this section:

(A) ASME Boiler and Pressure Vessel Code, Section VIII, Unfired Pressure Vessels 1992, including addenda.

(B) Building Exits Code for Life Safety from Fire, NFPA 101-1991.

(D) Safety in the Transportation, Storage, Handling and Use of Explosives, IME Pamphlet No. 17, March 1987, Institute of Makers of Explosives.

(2) Employee Training.

(a) Employees shall not be permitted to operate any machine or equipment until they have received proper training and are familiar with safe operating procedures.

(b) Employees shall be trained in proper lifting or moving techniques and methods. Mechanical devices should be used or employees should ask for assistance in lifting or moving heavy objects.

(c) In each area where hazardous substances may be encountered, personnel shall be trained to cope with emergencies arising from breaks, ruptures, or spills which would create a hazardous condition.

(d) Any faulty equipment or hazardous condition shall be promptly reported to the person in charge.

(e) When an employee is assigned to work alone in a remote or isolated area, a system shall be instituted whereby such employee reports to someone or a designated person shall check on his or her safety. The procedure shall designate the method of contact and the frequency. All persons will be trained on the procedures.

(3) Safe Practices.

(a) Guards. All driving mechanisms, power transmission apparatus, and prime movers shall be constructed, guarded, and used in conformity with Subdivision O, Machinery and Machine Guarding.

(b) Inspection of controls and safety devices. Brakes, back stops, antirunaway devices, overload releases, and other safety devices shall be inspected and tested frequently to insure that all are operative and maintained in good repair.

(c) Personal protective clothing and equipment. Personal protective clothing and equipment shall be provided and worn in accordance with Subdivision I, Personal Protective Equipment. Respiratory protection must conform to the requirements of §1910.134 of Subdivision I.

(d) Floors and platforms. Floors, platforms, and work surfaces shall be guarded and maintained in accordance with Subdivision D, Walking-Working Surfaces.

(e) Lockouts. Lockout/tagout shall be in accordance with the requirements of §1910.147, in Subdivision J, with the exception that:

(A) There will be no tagouts allowed in lieu of lockout for that which can be locked out. Tags are provided for identification and information purposes only.

(B) Persons engaged in repair, inspection, maintenance, or clean-up shall lockout the affected equipment, retain possession of the keys to the locks, and personally remove the lock and tag upon completion of the work.

(i) When servicing and/or maintenance is performed by a crew, craft, department or other group, they shall utilize a procedure which affords the employees a level of protection equivalent to that provided by the implementation of a personal lockout device.

(ii) Group lockout devices shall be used in accordance with the procedures required by §1910.147(c)(4) including, but not necessarily limited to, the following specific requirements.

(I) Primary responsibility is vested in an authorized employee for a set number of employees working under the protection of a group lockout device (such as an operations lock);

(II) Provision for the authorized employee to ascertain the exposure status of individual group members with regard to the lockout of the machine or equipment; and

(III) When more than one crew, craft, department, etc. is involved, assignment or overall job-associated lockout control responsibility to an authorized employee designated to coordinate affected work forces and ensure continuity of protection; and

(IV) Each authorized employee shall affix a personal lockout device to the group lockout device, group lockbox, or comparable mechanism when he or she begins work, and shall remove those devices when he or she stops working on the machine or equipment being serviced or maintained; and

(V) Any person involved in the lockout process shall have the right to place their own lock at each lockout location where group lockout procedures have been allowed.

(f) Confined space entry. Confined space entry shall be in accordance with 437-002-0146 Confined Spaces, in Subdivision J.

(g) Industrial power trucks.

(A) All industrial power trucks and operations shall conform to §1910.178, Powered Industrial Trucks, Subdivision N, Material Handling and Storage. All forklift trucks shall be provided with overhead guards. Design requirements shall provide protection for the liquid petroleum gas tank. All guards shall be designed in compliance with §1910.178, Powered Industrial Trucks, in Subdivision N.

(B) Mirrors or other methods to ensure visibility shall be installed at blind corners or intersections which will allow operators to observe oncoming traffic.

(C) Every power truck operated from an end platform or standing position shall be equipped with a platform extending beyond the operator’s position, strong enough to withstand a compression load equal to the weight of the loaded vehicle applied along the longitudinal axis of the truck with the outermost projection of the platform against the flat vertical surface.

(D) Pushing of vehicles or rail cars with the forks or clamps of a lift truck is prohibited.

(h) Emergency lighting.

(A) Emergency lighting shall be provided wherever it is necessary for employees to remain at their machines or stations to shut down equipment in case of power failure. Emergency lighting shall be provided at stairways and passageways or aisleways used by employees for emergency exit in case of power failure. Emergency lighting shall be provided in all plant first aid and medical facilities.

(B) Emergency lighting shall be maintained in accordance with the manufacturer or engineering specifications, and shall be checked at least every 30 days for defects.

(i) Electrical equipment. All electrical installations and electrical utilization equipment shall comply with the National Electrical Code requirements and the provisions of Subdivision S, Electrical.

(4) Handling and Storage of Pulpwood and Pulp Chips.

(a) Handling pulpwood with forklift trucks. Where large forklift trucks, or lift trucks with clam-jaws, are used in the yard, the operator’s enclosed cab shall be provided with an escape hatch, whenever the hydraulic arm blocks escape through the side doors.

(b) Handling pulpwood with cranes or stackers.

(A) Where locomotive cranes are used for loading or unloading pulpwood, the pulpwood shall be piled so as to allow a clearance of not less than 24 inches between the pile and the end of the cab of any locomotive crane in use, when the cab is turned in any working position.

(B) The minimum distance of the pulpwood pile from the centerline of a standard-gage track shall be maintained at not less than 8-1/2 feet.

(D) Rail cars shall not be spotted on tracks adjacent to the locomotive cranes unless a 24 inch clearance is maintained, as required in section (4)(b)(A) of this rule.

(E) The handling and storage of other materials shall conform to sections (4)(b)(A) and (B) of this rule with respect to clearance.

(F) Equipment and practices shall conform to American National Standards B30.2-1990 and B30.2.0-1967.

(G) Personal protective equipment for such uses as foot, head, and eye protection shall be required for workers on a job basis.

(H) No person shall be permitted to walk beneath a suspended load, bucket, or hook.

(A) Unauthorized vehicles and unauthorized foot traffic shall not be allowed in any active sorting, storing, loading, or unloading areas.

(B) Unloading lines shall be so arranged that it is not necessary for the workers to attach them on the pond or dump side of the load.

(C) Jackets or vests of fluorescent or other high visibility material shall be worn by persons working on dry land log storage.

(D) Wire rope doglines used for towing or rafting shall not be used when:

(i) They acquire jaggers to the extent that they present a hazard to the workers handling them; or

(ii) When they are weakened to the extent that they are hazardous.

(E) Boom sticks shall be capable of safely supporting the weight imposed upon them.

(F) Stiff booms shall be made by fastening not less than two boom sticks together. The width of the stiff boom shall be not less than 36 inches measured from outside to outside of the outer logs. The boom sticks shall be fastened together with not less than 4-inch by 6-inch cross ties or cable lashing properly recessed into notches in the boom sticks and secured.

(G) Pike poles shall be kept in good repair. Conductive pike poles shall not be used where it is possible that they may come in contact with electrical conductors.

(H) All log dumps shall be periodically cleared of bark and other debris.

(I) When cutting bands on bundled logs, workers shall position themselves in a safe location. Double-bitted axes shall not be used for cutting bands. Caution shall be used to prevent being struck by ends of bands being cut and, if needed, personal protective equipment shall be worn.

(J) Storing or sorting on water, or any boom work other than boom boat operations, shall require a minimum of two persons.

(d) Handling pulpwood from ships.

(A) Ladders and gangplanks with railings to boat docks shall meet the requirements of American National Standards A10.18-1983, A14.1-1990, A14.2-1990, and A14.3-1990, and shall be securely fastened in place.

(B) The hatch tender shall be required to signal the hoisting engineer to move the load only after the employees working in the hold are in the clear.

(C) The air in the ship’s hold, tanks, or closed vessels shall be tested for oxygen deficiency and for toxic, explosive and combustible gases and vapors.

(e) Handling pulpwood from flatcars and all other rail cars.

(A) Railroad flatcars for the conveyance of pulpwood loaded parallel to the length of the car shall be equipped with safety-stake pockets.

(B) Where pulpwood is loaded crosswise on a flatcar sufficient stakes of sizes not smaller than 4 by 4 inches shall be used to prevent the load from shifting.

(C) When it is necessary to cut stakes, those on the unloading side should be partially cut through first, and then the binder wires cut on the opposite side. Wire cutters equipped with long extension handles shall be used. No person shall be permitted along the dumping side of the car after the stakes have been cut.

(D) When steel straps without stakes are used, the steel straps shall be cut from a safe area to prevent employees from being struck by the falling logs.

(E) Flatcars and all other cars shall be chocked during unloading. Where equipment is not provided with hand brakes, rail clamping chocks shall be used.

(F) A derail shall be used to prevent movement of other rail equipment into cars where persons are working.

(f) Handling pulpwood from trucks.

(A) Cutting of stakes and binder wires shall be done in accordance with section (4)(e)(C) of this rule.

(B) Where binder chain and steel stakes are used, the binder chains shall be released and the stakes tripped from the opposite side of the load spillage.

(C) Where binder chains and crane slings are used, the crane slings shall be attached and taut before the binder chains are released. The hooker shall see that the helper is clear before signaling for the movement of the load.

(D) The truck driver shall leave the truck cab and be in the clear, in a designated area, and shall be in clear view of the unloading equipment operator while the unloader is approaching the loaded truck.

(E) The truck driver shall remain outside the cab and clear of the load while logs are being unloaded except that, after a complete load is lifted as a unit and held stationary, the driver may enter the cab and drive forward from under the suspended load.

(F) Log unloaders shall not be moved about the premises with loads raised higher than absolutely necessary.

(g) Handling pulp chips from rail cars.

(A) All cars shall be securely fastened in place and all employees in the clear before dumping is started.

(B) Personal protective equipment for such uses as foot, head, and eye protection shall be provided, and employees shall wear the equipment when working in the woodyard. Ear protection shall be provided when the noise level may be harmful.

(C) When a rollover-type unloading device is used for removing chips from cars, the cars shall be properly secured in place, and all employees shall be in the clear before dumping operation is started.

(h) Handling pulp chips and hog fuel from trucks and trailers.

(A) All trucks and trailers shall be secure and all employees in the clear before dumping is started.

(B) Personal protective equipment necessary to protect workers from hazards shall be provided and worn.

(D) Side rails or other positive means to prevent the truck and/or trailer from falling shall be used while unloading the single trailer units.

(E) All persons shall be clear of all hoisting or elevating mechanisms before dumping commences.

(F) No person shall remain in any truck while the truck is being elevated.

(G) A safe area and suitable device shall be provided for the chip tester to use while taking chip samples.

(H) Rolled chip nets shall not be positioned where they cover the ladders on rail cars or trucks.

(I) Chip and hog fuel storage.

(i) When mobile equipment is used on top of hog fuel or chip piles, a roll-over protection system shall be installed on the equipment. If the cab is of the enclosed type, windshield wipers shall be installed.

(ii) Hog fuel bins shall be provided with standard railed platform or walkways near the top or other equally effective means shall be provided for use by employees engaged in dislodging hog fuel.

(iii) Extreme care shall be taken to prevent chips or hog fuel from creating an overhang or bridging.

(iv) Employees shall be prohibited from working under overhangs or bridges.

(J) Chip and sawdust bins. Steam or compressed-air lances, or other facilities, shall be used for breaking down the arches caused by jamming in chip lofts. No worker shall be permitted to enter a bin unless done in accordance with §1910.146, Permit-Required Confined Spaces, in Subdivision J.

(i) Crane operations.

(A) Crane boom and load capacities as specified by the manufacturer shall be posted in the cab of the crane in accordance with §1910.180, Crawler, Locomotive and Truck Cranes, in Subdivision N, Material Handling and Storage.

(B) A safety device such as a heavy chain or cable at least equal in strength to the lifting cables shall be fastened to the boom and to the frame of the boom crane (if it is other than locomotive) at the base. Alternatively, a telescoping safety device shall be fastened to the boom and to the cab frame, so as to prevent the boom from snapping back over the cab in the event of lifting cable breakage.

(C) A crane shall not be operated where any part thereof may come within 10 feet of overhead powerlines (or other overhead obstructions) unless the powerlines have been de-energerized, or clearances are maintained as specified in §1910.303, General Requirements, in Subdivision S, Electrical.

(D) Standard signals for the operation of cranes shall be established for all movements of the crane, in accordance with American National Standards B30.2-1990 and B30.8-1988.

(E) Only one member of the crew shall be authorized to give signals to the crane operator.

(F) All cranes shall be equipped with a suitable warning device such as a horn or whistle.

(G) A sheave guard shall be provided beneath the head sheave of the boom.

(H) Grapples, tongs, and buckets shall not be left suspended when not in use.

(j) Traffic warning signs or signals.

(A) A flagger shall direct the movement of cranes or locomotives being moved across railroad tracks or roads, and at any points where the vision of the operator is restricted. The flagger must always remain in sight of the operator when the crane or locomotive is in motion. The blue flag policy shall be used to mark stationary cars day and night. This policy shall include marking the track in advance of the spotted cars (flag for daytime, light for darkness).

(B) After cars are spotted for loading or unloading, warning flags or signs shall be placed in the center of the track at least 50 feet away from the cars and a derail set to protect workers in or on the car.

(k) Rail car operations and railroad warning devices.

(A) On a dead end spur, a blue signal may be displayed adjacent to the switch opening while cars are being loaded or unloaded. When such warning devices are displayed, the equipment shall not be coupled to or moved.

(B) Equipment which would obscure the blue signal shall not be placed on the track.

(D) A flashing warning light or other device shall be installed near any opening which leads to a passageway crossing railroad tracks adjacent to the building. Such light or device shall be activated prior to any switching or movement of railroad equipment to warn workers of the dangerous condition in the area.

(E) Workers shall not crawl under or pass between coupled rail cars to cross tracks.

(F) An audible whistle, horn, or bell shall be sounded by the locomotive engineer to give adequate warning prior to switching across any road crossing.

(G) When switching railroad equipment in congested areas or across roadways or walkways, “flying switches” shall be prohibited.

(H) All freight car doors shall be inspected before workers open or close them. A safe method shall be used to open or close the door.

(l) Illumination. Artificial illumination shall be provided when loading or unloading is performed after dark, in accordance with American National Standard ANSI/IES-RP-1990, Practice for Industrial Lighting.

(m) Bridge or dock plates.

(A) The construction and use of bridge or dock plates shall conform to requirements of Subdivision D.

(B) The sides of bridge or dock plates shall have an upturn or lip of at least 4 inches covering the area between the edge of the loading dock and edge of car or truck floor whenever the distance exceeds 18 inches to prevent wheeled equipment from running off the sides.

(D) Bridge or dock plates intended to be moved by mechanized equipment shall be designed for this purpose or attachments for safe handling shall be used.

(n) Hand tools. Handles of wood hooks shall be locked to the shank to prevent them from rotating.

(o) Removal of pulpwood.

(A) The ends of a woodpile shall be properly sloped and cross-tiered into the pile. Upright poles shall not be used at the ends of woodpiles. To knock down wood from the woodpile, mechanical equipment shall be used to permit employees to keep in the clear of loosened wood.

(B) If dynamite is used to loosen the pile, only authorized personnel shall be permitted to handle and discharge the explosive. An electric detonator is preferable for firing; if a fuse is used, it shall be an approved safety fuse with a burning rate of not less than 120 seconds per yard and a minimum length of 3 feet, in accordance with “Safety in the Transportation, Storage, Handling and Use of Explosives”, IME Pamphlet No. 17, March 1987.

(p) Log hauls, slips and carriages.

(A) Controls shall be arranged to operate from a position where the operator will at all times be in the clear of logs, machinery, lines, and rigging.

(B) Controls shall be marked to indicate their function.

(C) An effective method of disengaging the head rig saws from the power unit shall be installed on all head rigs where the power unit is not directly controlled by the sawyer. The saws shall be disengaged from the source of power which shall be locked out before repairs or changes are made.

(D) When needed for protection of personnel, an automatic stop or interlocking device shall be installed on log hauls or slips.

(E) A barricade or other positive stop of adequate strength shall be provided to protect the sawyer from rolling logs.

(F) A guard shall be provided to prevent logs from rolling off the log deck into the well.

(G) The sawyer shall be safeguarded either by his or her location or by use of substantial screens or approved safety glass.

(H) A substantial stop or bumper shall be installed at each end of the carriage run.

(I) Canting gear or other equipment shall not be allowed to hang over the log deck in such a manner as to endanger employees.

(J) Canting gear controls shall be marked to indicate their function.

(K) The sawyer shall be primarily responsible for the safety of the carriage crew and offbearers. He or she shall exercise due care in the operation of the carriage and log turning devices.

(L) A control device shall be provided so that the sawyer may stop the head rig section of the mill without leaving his or her stand.

(M) The feed control lever of friction or belt-driven carriage feed works shall be designed to operate away from the saws or carriage track.

(N) Feed works and log turning control levers shall be so arranged that they may be secured when not in use and shall be adequately guarded against accidental activation.

(O) Carriages upon which persons are required to work shall be solidly decked over and the employees properly protected.

(P) Substantial sweeps shall be installed in front of each carriage wheel. Such sweeps shall extend to within 1/4 inch of the rails.

(Q) Where power-operated log turners are used, carriage knees shall be provided with goosenecks or other substantial means of protecting the carriage crew.

(q) Belt conveyors.

(A) The sides of the conveyor shall be constructed so that the pulpwood will not fall off.

(B) Where conveyors cross passageways or roadways, a horizontal platform shall be provided under the conveyor extending out from the sides of the conveyor a distance equal to 1 1/2 times the length of the wood handled. The platform shall extend the width of the road plus 2 feet on each side and shall be kept free of wood and rubbish. The edges of the platform shall be provided with toeboards or other protection to prevent wood from falling, in accordance with American National Standard A10.18-1983.

(C) All conveyors for pulpwood shall have the in-running nips between chain and sprockets guarded; also, turning drums shall be guarded.

(D) Every belt conveyor shall have an emergency stop cable extending the length of the conveyor so that it may be stopped from any location along the line, or conveniently located stop buttons within 10 feet of each work station, in accordance with American National Standard ANSI/ASME B20.1-1993.

(r) Signs. Where conveyors cross walkways or roadways in the yards, signs reading “Danger – Overhead Conveyor” or an equivalent warning shall be erected, in accordance with American National Standard for Safety Color Code, ANSI Z535.1-1991 or ANSI Z535.2-2011.

(5) Handling and Storage of Raw Materials Other Than Pulpwood or Pulp Chips.

(a) Personal protective equipment.

(A) Whenever possible, all dust, fumes, and gases incident to handling materials shall be controlled at the source, in accordance with OAR 437-002-0382, Oregon Rules for Air Contaminants, in Subdivision Z. Where control at the source is not possible, respirators with goggles or protective masks shall be provided, and employees shall wear them when handling alum, clay, soda ash, lime, bleach powder, sulfur, chlorine, and similar materials, and when opening rag bales.

(B) When handling liquid acid or alkali, workers shall be provided with approved eye and face protection and protective clothing, in accordance with Subdivision I, Personal Protective Equipment.

(b) Clearance.

(A) When materials are being piled inside a building and upon platforms, an aisle clearance at least 3 feet greater than the widest truck in use shall be provided.

(B) Baled paper and rags stored inside a building shall not be piled closer than 18 inches to walls, partitions, or sprinkler heads.

(A) Piles of wet lap pulp (unless palletized) shall be stepped back one-half the width of the sheet for each 8 feet of pile height. Sheets of pulp shall be interlapped to make the pile secure. Pulp shall not be piled over pipelines to jeopardize pipes, or so as to cause overloading of floors, or to within 18 inches below sprinkler heads.

(B) Piles of pulp shall not be undermined when being unpiled.

(d) Chocking rolls.

(A) Where rolls are pyramided two or more high, chocks shall be installed between each roll on the floor and at every row. Where pulp and paper rolls are stored on smooth floors in processing areas, rubber chocks with wooden core shall be used.

(B) When rolls are decked two or more high, the bottom rolls shall be chocked on each side to prevent shifting in either direction.

(6) Preparing Pulpwood.

(a) Gang and slasher saws. A guard shall be provided in front of all gang and slasher saws to protect workers from wood thrown by saws. A guard shall be placed over tail sprockets.

(b) Slasher tables. Saws shall be stopped and power switches shall be locked out and tagged whenever it is necessary for any person to be on the slasher table.

(c) Slasher drive belts, pulleys, and shafts. All belts, pulleys, and shafts shall be guarded in accordance with American National Standard ANSI/ASME B15.1-1992.

(d) Runway to the jack ladder. The runway from the pond or unloading dock to the table shall be protected with standard handrails and toeboards. Inclined portions shall have cleats or equivalent nonslip surfacing, in accordance with Subdivision D, Walking-Working Surfaces. Protective equipment shall be provided for persons working over water.

(e) Guards below table. Where not protected by the frame of the machine, the underside of the slasher saws shall be enclosed with guards.

(f) Conveyors. The requirements of section (4)(q) of this rule shall apply.

(g) Circular saws (not slasher saws). Saws shall be provided with standard guards, in accordance with American National Standard ANSI O1.1-1992.

(h) Fixed chain saws, circular cut-off saws, drag and swing saws.

(A) Saws shall be so arranged that they will not project into any passageway when in an idle or working position. When existing conditions do not leave clear passage the saws shall be fenced off in order to make it impossible for anyone to walk into them.

(B) Drag saws and fixed chain saws shall be equipped with a device that will safely lock them in an “UP” position.

(D) Log decks shall be equipped with a device to hold the material stable while being cut.

(i) Barker feed. Each barker shall be equipped with a feed and turnover device which will make it unnecessary for the operator to hold a bolt or log by hand during the barking operation. Eye, ear, and head protection shall be provided for the operator, in accordance with section (3)(c) of this rule.

(j) Guards. A guard shall be installed around barkers to confine flying particles, in accordance with ANSI/ASME B15.1-1992.

(k) Stops. All control devices shall be locked out and tagged when knives are being changed.

(l) Speed governor. Water wheels, when directly connected to barker disks or grinders, shall be provided with speed governors, if operated with gate wide open.

(m) Continuous barking drums.

(A) When platforms or floors allow access to the sides of the drums, a standard railing shall be constructed around the drums. When two or more drums are arranged side by side, proper walkways with standard handrails shall be provided between each set, in accordance with section (3)(d) of this rule.

(B) Sprockets and chains, gears, and trunnions shall have standard guards, in accordance with section (3)(a) of this rule.

(C) Whenever it becomes necessary for a worker to go within a drum, the driving mechanism shall be locked and tagged, at the main disconnect switch, in accordance with section (3)(e) of this rule.

(D) This subsection (m) also applies to barking drums employed in the yard.

(n) Intermittent barking drums. In addition to motor switch, clutch, belt shifter, or other power disconnecting device, intermittent barking drums shall be equipped with a device which may be locked to prevent the drum from moving while it is being emptied or filled.

(o) Hydraulic barkers.

(A) Hydraulic barkers shall be enclosed with strong baffles at the inlet and the outlet. The operator shall be protected by at least five-ply laminated glass.

(B) The high pressure hoses of hydraulic barkers shall be secured in such a manner that the hose connection ends will be restrained if a hose connection fails.

(p) Splitter block. The block upon or against which the wood is rested shall have a corrugated surface or other means provided that the wood will not slip. Wood to be split, and also the splitting block, shall be free of ice, snow, or chips. The operator shall be provided with eye and foot protection. A clear and unobstructed view shall be maintained between equipment and workers around the block and the workers’ help area.

(q) Power control. Power for the operation of the splitter shall be controlled by a clutch or equivalent device.

(r) Knot cleaners. The operators of knot cleaners of the woodpecker type shall wear eye protection equipment.

(s) Chipper spout. The feed system to the chipper spout shall be arranged in such a way that the operator does not stand in a direct line with the chipper spout. All chipper spouts shall be enclosed to a height of at least 42 inches from the floor or operator’s platform. When other protection is not sufficient, the operator shall be protected from falling into the chipper by the use of a safety belt and lanyard. Ear protection equipment shall be worn by the operator and others in the immediate area if there is any possibility that the noise level may be harmful (see §1910.95, Occupational Noise Exposure, in Subdivision G).

(t) Feeding material/clearing jams in machines. Appropriate safety belts and lanyards and face protection shall be used by employees who manually feed material or clear jams in machines unless other provisions are made which will protect the employees.

(u) Carriers for knives. Carriers shall be provided and used for transportation of knives.

(7) Rag and Old Paper Preparation.

(a) Ripping and trimming tools.

(A) Hand knives and scissors shall have blunt points, shall be fastened to the table with chain or thong, and shall not be carried on the person but placed safely in racks or sheaths when not in use.

(B) Hand knives and sharpening steels shall be provided with guards at the junction of the handle and the blade. Utility knives with blade exposure of 2-1/2 inches or less are exempted from this requirement.

(b) Shredders, cutters, and dusters.

(A) Rotating heads or cylinders shall be completely enclosed except for an opening at the feed side sufficient to permit only the entry of stock. The enclosure shall extend over the top of the feed rolls. It shall be constructed either of solid material or with mesh or openings not exceeding 1/2-inch and substantial enough to contain flying particles and prevent accidental contact with moving parts. The enclosure shall be bolted or locked into place.

(B) A smooth-pivoted idler roll resting on the stock or feed table shall be provided in front of feed rolls except when arrangements prevent the operator from standing closer than 36 inches to any part of the feed rolls.

(C) Any manually fed cutter, shredder, or duster shall be provided with an idler roll as per section (7)(b)(B) of this rule or the operator shall use special hand-feeding tools.

(D) Hoods of cutters, shredders, and dusters shall have exhaust ventilation, in accordance with §1910.94, Ventilation, in Subdivision G.

(A) Blowers used for transporting rags shall be provided with feed hoppers having outer edges located not less than 48 inches from the fan.

(B) The arrangement of the blower discharge outlets and work areas shall be such as to prevent material from falling on workers.

(d) Conveyors. Conveyors and conveyor drive belts and pulleys shall be fully enclosed or, if open and within 7 feet of the floor, shall be constructed and guarded in accordance with section (4)(q) of this rule, and Subdivision N, Material Handling and Storage.

(e) Guarding requirements.

(A) Traveling sections of conveyors and other equipment with wheels which run on rails or guides shall be guarded by sweep guards, installed in front of the traveling wheels in all areas where workers may be exposed to contact. Sweep guards shall have not greater than 1/4 inch clearance above the rail or guide.

(B) When using mechanical equipment to elevate the front end of the chip containers for dumping into a hopper, the shear area between the floor and the elevated section shall be safeguarded.

(f) Dust. Measures for the control of dust shall be provided, in accordance with American National Standard ANSI/NFPA 91-1992 and Subdivision I, Personal Protective Equipment.

(g) Rag cookers.

(A) When cleaning, inspection, or other work requires that persons enter rag cookers, all steam and water valves, or other control devices, shall be locked and tagged in the closed or “off” position. Blank flanging of pipelines is acceptable in place of closed and locked valves.

(B) When cleaning, inspection, or other work requires that persons must enter the cooker, one person shall be stationed outside in a position to observe and assist in case of emergency, in accordance with section (3)(f) of this rule.

(C) Rag cookers shall be provided with safety valves in accordance with the ASME Boiler and Pressure Vessel Code, Section VIII, Unfired Pressure Vessels – 1992.

(8) Chemical Processes of Making Pulp.

(a) Industrial kiln guns and ammunition. Management shall develop written instructions, including safety procedures, for storing and operating industrial kiln guns and ammunition. All persons working with this equipment shall be instructed in these procedures and shall follow them.

(b) Sulfur burners.

(A) Sulfur-burner houses shall be safely and adequately ventilated, and every precaution shall be taken to guard against dust explosion hazards and fires, in accordance with American National Standard Z9.2-1979 (R1991), and NFPA 655-1993.

(B) Nonsparking tools and equipment shall be used in handling dry sulfur.

(C) Sulfur storage bins shall be kept free of sulfur dust accumulation, in accordance with American National Standard ANSI Z9.2-1979 (R1991).

(D) Electric equipment shall be of the explosion-proof type, in accordance with the requirements of Subdivision S, Electrical.

(E) Sulfur-melting equipment shall not be located in the burner room.

(A) Gas masks, fitted with canisters containing absorbents for the particular acids, gases, or mists involved, shall be provided for employees of the acid department.

(B) Supplied air respirators shall be strategically located for emergency and rescue use.

(C) During inspection, repairs, or maintenance of acid towers, the worker shall be provided with eye protection, a supplied air respirator, a safety belt, and an attached lifeline. The line shall be extended to an attendant stationed outside the tower opening.

(d) Acid tower structure. Outside elevators shall be inspected daily during winter months when ice materially affects safety. Elevators, runways, stairs, etc., for the acid tower shall be inspected monthly for defects that may occur because of exposure to acid or corrosive gases.

(e) Tanks (acid). Entering acid tanks shall be in accordance with 437-002-0146 Confined Spaces, in Subdivision J.

(f) Clothing. Where lime slaking takes place, employees shall be provided with rubber boots, rubber gloves, protective aprons, and eye protection. A deluge shower and eye fountain shall be provided to flush the skin and eyes to counteract lime or acid burns.

(g) Lead burning. When lead burning is being done within tanks, fresh air shall be forced into the tanks so that fresh air will reach the face of the worker first and the direction of the current will never be from the source of the fumes toward the face of the workers. Supplied air respirators (constant-flow type) shall be provided.

NOTE: (For specifics refer to Subdivision Q, Welding, Cutting and Brazing; and §1910.1025, Lead, in Subdivision Z.)

(h) Hoops for acid storage tanks. Hoops of tanks shall be made of rods rather than flat strips and shall be safely maintained by scheduled inspections.

(i) Quicklime stoppages. Water shall not be used to unplug quicklime stops or plugs in pipes or confined spaces.

(j) Digester building exits. At least one unobstructed exit at each end of the room shall be provided on each floor of a digester building.

(k) Digester building escape respirators. Escape respirators shall be available for escape purposes only. These respirators shall meet the requirements of §1910.134 in Subdivision I, including the requirement to be inspected at frequent intervals, not to exceed one month.

(l) Elevators.

(A) Elevators shall be constructed in accordance with American National Standard A17.1-1990.

(B) Elevators shall be equipped with escape respirators for the maximum number of passengers.

(m) Blowoff valves and piping.

(A) The blowoff valve of a digester shall be arranged so as to be operated from another room, remote from safety valves.

(B) All fasteners used to secure digester piping shall conform to ANSI/ASME B31.1-1992.

(C) Digester blow valves shall be pinned or locked in closed position throughout the entire cooking period. This rule applies only to manually operated valves in batch digestors.

(n) Blow lines.

(A) When blow lines from more than one digester lead into one pipe, the cock or valve of the blow line from the tank being inspected or repaired shall be locked and tagged out, or the line shall be disconnected and blocked off.

(B) Test holes in piping systems. Test holes in blow lines of piping systems shall not be covered with insulation or other materials.

(o) Inspection and repair of tanks. All piping leading to tanks shall be blanked off or valved and locked in accordance with §1910.147, Lockout/Tagout, in Subdivision J.

(p) Blow pits and blow tanks.

(A) Blow-pit openings shall be preferably on the side of the pit instead of on top. When located on top, openings shall be as small as possible and shall be provided with railings, in accordance with Subdivision D, Walking-Working Surfaces.

(B) Entrance into blow pits must be done in accordance with 437-002-0146, Subdivision J.

(C) A signaling device shall be installed in the digester and blow-pit rooms and chip bins to be operated as a warning before and while digesters are being blown.

(D) Blow-pit hoops shall be maintained in a safe condition.

(q) Blowing batch digester.

(A) Blowoff valves shall be opened slowly.

(B) After the digester has started to be blown, the blowoff valve shall be left open, and the hand plate shall not be removed until the digester cook signals the blowpit person that the blow is completed. Whenever it becomes necessary to remove the hand plate to clear stock, operators shall wear eye protection equipment and protective clothing to guard against burns from hot stock.

(C) Means shall be provided whereby the digester cook shall signal the person in the chip bin before starting to load the digester.

(r) Inspecting and repairing digester.

(A) Valves controlling lines leading into a digester shall be locked out and tagged in accordance with §1910.147, Lockout/Tagout, in Subdivision J.

(B) Sources of energy associated with a digester shall be isolated in accordance with §1910.147, Lockout/Tagout, in Subdivision J.

(D) The concentration of lead in the air shall not exceed the limits specified in §1910.1025, Lead, Subdivision Z.

(E) All employees entering digesters for inspection or repair work shall be provided with protective headgear.

(F) Eye protection and dust respirators shall be provided to workers while the old brick lining is being removed, in accordance with Subdivision I, Personal Protective Equipment.

(G) Sanitary facilities shall be provided as specified in §1910.141, Sanitation, in Subdivision J.

(s) Pressure tanks-accumulators (acid).

(A) Safety regulations governing inspection and repairing of pressure tanks-accumulators (acid) shall be the same as those specified in section (8)(t) of this rule.

(B) The pressure tanks-accumulators shall be inspected twice annually and more frequently if required by the manufacturer or engineer’s recommendations. (Refer to Boiler and Pressure Vessel Safety Laws of the State Building Codes Division, Department of Consumer and Business Services.)

(t) Pressure vessels (safety devices).

(A) Each unfired pressure vessel shall have a pressure relieving device or devices installed and operated in accordance with ASME Boiler and Pressure Vessel Code, Section VIII (Unfired Pressure Vessels – 1992). In the case of batch digesters with safety pressure relieving devices installed directly to the pressure vessel, means shall be devised to verify regularly that the safety devices have not become plugged or corroded to the point of being inoperative.

(B) All safety devices shall conform to Paragraph U-2 in the ASME Boiler and Pressure Vessel Code, Section VIII, Unfired Pressure Vessels – 1992.

(u) Miscellaneous. Insofar as the processes of the sulfate and soda operations are similar to those of the sulfite processes, sections (8)(a) through (t) of this rule shall apply.

(A) Quick operating showers, bubblers, etc., shall be available for emergency use in case of caustic soda burns.

(B) Rotary tenders, smelter operators, and those cleaning smelt spouts shall be provided with eye protection equipment (fitted with lenses that filter out the harmful rays emanating from the light source) when actively engaged in their duties, in accordance with OAR 437-002-0134, in Subdivision I.

(C) Piping, valves and fittings between the digester, blowpit, and blow tanks shall be in accordance with ANSI/ASME B31.1-1992. These shall be inspected at least semi-annually to determine the degree of deterioration and repaired or replaced when necessary, in accordance with American National Standards ANSI/ASME B31.1-1992.

(v) Welding. Welding on blow tanks, accumulator tanks, or any other vessels where turpentine vapor or other combustible vapor could gather shall be done only after the vessel has been completely purged of fumes. Fresh air shall be supplied workers inside of vessels.

NOTE: See Subdivision Q, Welding, Cutting and Brazing, for additional welding requirements.

(w) Turpentine systems and storage tanks. Nonsparking tools and ground hose shall be used when pumping out the tank. The tank shall be surrounded by a berm or moat.

(x) Recovery furnace area.

(A) An audible warning system shall be installed in kraft and soda base sulfite recovery furnace areas and shall be activated whenever an emergency exists.

(B) All personnel working in recovery furnace areas shall be instructed on procedures to be followed when emergency warning systems are activated.

(C) Emergency warning systems in the recovery furnace areas shall be kept in proper working condition and shall be tested or checked weekly.

(D) Workers shall stand to the side while opening a furnace or boiler firebox door.

(E) Smelt-dissolving tanks shall be covered and the cover kept closed, except when samples are being taken.

(F) Smelt tanks shall be provided with vent stacks and explosion doors, in accordance with American National Standard ANSI/UL 641-1985.

(G) An emergency shutdown procedure as currently recommended by the boiler manufacturer shall be implemented and used when an emergency shutdown is required. Both normal and emergency shutdown procedures shall be posted.

(H) Recovery furnaces and power boilers are to be constructed, maintained, and serviced as required by the State Building Codes Division of the Department of Consumer and Business Services.

(I) Open pipes shall not be used as punch bars if the use would create a hazard.

(J) Furnace room. Exhaust ventilation shall be provided where niter cake is fed into a rotary furnace and shall be so designed and maintained as to keep the concentration of hydrogen sulfide gas below the limits listed in OAR 437-002-0382, Oregon Rules for Air Contaminants, in Subdivision Z.

(9) Bleaching.

(a) Bleaching containers. Bleaching containers, such as cells, towers (bleaching engines), etc., except the Bellmer type, shall be completely covered on the top, with the exception of one small opening large enough to allow filling but too small to admit a person. Platforms leading from one engine to another shall have standard guardrails, in accordance with Subdivision D, Walking-Working Surfaces.

(b) Bleach plant alarm system. An audible alarm system shall be installed and it shall be activated whenever a serious leak or break develops in the bleach plant area which creates a health or fire hazard.

(A) Areas where dry bleach powder is mixed shall be provided with adequate exhaust ventilation, located at the floor level, in accordance with ANSI/UL 641-1985.

(B) Respiratory protection shall be provided for emergency use, in accordance with American National Standards ANSI/NFPA 1404-1989, and Z88.2-1980. Respiratory protection must conform to the requirements of §1910.134 of Subdivision I.

(C) For emergency and rescue work, self-contained air masks or supplied air equipment shall be provided in accordance with American National Standards Z88.2-1980. Respiratory protection must conform to the requirements of §1910.134 of Subdivision I.

(d) Liquid chlorine.

(A) Tanks of liquid chlorine shall be stored in an adequately ventilated unoccupied room, where their possible leakage cannot affect workers.

(B) Gas masks capable of absorbing chlorine shall be supplied, conveniently placed, and regularly inspected, and workers who may be exposed to chlorine gas shall be instructed in their use.

(C) For emergency and rescue work, independent self-contained breathing apparatus or supplied air equipment shall be provided.

(D) At least two exits, remote from each other, shall be provided for all rooms in which chlorine is stored.

(E) Spur tracks upon which tank cars containing chlorine and caustic are spotted and connected to pipelines shall be protected by means of a derail in front of the cars.

(F) All chlorine, caustic, and acid lines shall be marked for positive identification, in accordance with American National Standard A13.1-1981 (R 1985).

(e) Handling chlorine dioxide.

(A) Chlorine dioxide generating and storage facilities shall be placed in areas which are adequately ventilated and are easily kept clean of wood, paper, pulp, etc., to avoid contamination which might cause a reaction. This can be accomplished by placing these facilities in a separate room or in a designated outside space.

(B) Safety showers and/or jump tanks and eyewash fountains shall be provided for persons working around sodium chlorate and the other hazardous chemicals involved in this process.

(D) The generating area shall have signs in accordance with Subdivision J, General Environmental Controls, warning of the hazard and restricting entrance to authorized personnel only.

(E) Facilities handling sodium chlorate and chlorine dioxide shall be declared “No Smoking” areas and shall have signs posted accordingly.

(F) All equipment involved in the chlorine dioxide process where pressure may be generated shall be provided with adequate pressure relief devices.

(G) Respiratory protective equipment approved for use in exposures to chlorine and chlorine dioxide gases shall be provided.

(H) Management shall be responsible for developing written instructions including safety procedures for operating and maintaining the generator and associated equipment. All personnel working on this equipment shall be thoroughly trained in these procedures and shall follow them.

(I) Only authorized personnel shall be allowed in close proximity to the chlorine dioxide generating equipment.

(J) When reasonably possible, the sample station should be located on the outside of the generating room. Goggles must be worn when taking samples.

(K) Welding or burning shall not be performed on the generator system while it is operating. Immediately before maintenance can be performed on the inside of any of this equipment, it shall be thoroughly flushed with water and purged of hazardous gases.

(L) Chlorine and chlorine dioxide gas shall be carried away from the work place and breathing area by an exhaust system. The gas shall be rendered neutral or harmless before being discharged into the atmosphere. The requirements of American National Standard Z9.2-1979 (R1991) shall apply to this subdivision.

(f) Handling sodium chlorate.

(A) Workers handling and working with sodium chlorate shall be thoroughly trained in precautions to be used in handling and special work habits.

(B) Workers exposed to direct contact with sodium chlorate shall wear appropriate personal protective equipment.

(C) Facilities for storage and handling of sodium chlorate shall be constructed so as to eliminate possible contact of dry or evaporated sodium chlorate with wood or other material which could cause a fire or explosion.

(D) Chlorine gas shall be carried away from the work place and breathing area by an exhaust system. The gas shall be rendered neutral or harmless before being discharged into the atmosphere. The requirements of American National Standard Z9.2-1979 (R1991) shall apply to this subdivision.

(E) Sodium chlorate facilities shall be constructed with a minimum of packing glands, stuffing boxes, etc.

(g) Bagged or drummed chemicals. Bagged or drummed chemicals require efficient handling to prevent damage and spillage. Certain oxidizing chemicals used in bleaching pulp and also in some sanitizing work require added precautions for safety in storage and handling. In storage, these chemicals shall be isolated from combustible materials and other chemicals with which they will react such as acids. They shall also be kept dry, clean and uncontaminated.

(10) Mechanical Pulp Process.

(a) Pulp grinders.

(A) Water wheels directly connected to pulp grinders shall be provided with speed governors limiting the peripheral speed of the grinder to that recommended by the manufacturer.

(B) Doors of pocket grinders shall be arranged so as to keep them from closing accidentally.

(b) Butting saws. Hood guards shall be provided on butting saws, in accordance with American National Standard ANSI O1.1-1992.

(d) Personal protection. Persons exposed to falling material shall wear eye, head, foot, and shin protection equipment, in accordance with Subdivision I, Personal Protective Equipment.

(11) Stock Preparation.

(a) Pulp shredders.

(A) Cutting heads shall be completely enclosed except for an opening at the feed side sufficient to permit only entry of stock. The enclosure shall be bolted or locked in place. The enclosure shall be of solid material or with mesh or other openings not exceeding 1/2-inch.

(B) Either a slanting feed table with its outer edge not less than 36 inches from the cutting head or an automatic feeding device shall be provided.

(D) All power-driven mechanisms shall be guarded in accordance with section (3)(a) of this rule.

(b) Pulp conveyors. Pulp conveyors and conveyor drive belts and pulleys shall be fully enclosed, or if open and within 7 feet of the floor, shall be constructed and guarded in accordance with Subdivision N, Material Handling and Storage, and Subdivision O, Machinery and Machine Guarding.

(d) Beaters.

(A) Beater rolls shall be provided with covers.

(B) Guardrails 42 inches high shall be provided around beaters where tub tops are less than 42 inches from the floor, in accordance with section (3)(d) of this rule and Subdivision D, Walking-Working Surfaces.

(C) When cleaning, inspecting, or other work requires that persons enter the beaters, all control devices shall be locked and tagged out, in accordance with §1910.147, Lockout, in Subdivision J.

(D) When beaters are fed from the floor above, the chute opening, if less than 42 inches from the floor, shall be provided with a complete rail or other enclosure. Openings for manual feeding shall be sufficient only for entry of stock and shall be provided with at least two permanently secured crossrails, in accordance with Subdivision D, Walking-Working Surfaces.

(E) Floors around beaters shall be provided with sufficient drainage to remove wastes.

(e) Pulpers.

(A) All pulpers having the top or any other opening of the vessel less than 42 inches from the floor or work platform shall have such openings guarded by railed or other enclosures. For manual charging, openings shall be sufficient only to permit the entry of stock and shall be provided with at least two permanently secured crossrails, in accordance with Subdivision D.

(B) When cleaning, inspecting or other work requires persons to enter the pulpers it shall be in accordance with 437-002-0146 Confined Spaces, in Subdivision J. All power mechanisms shall be guarded as required in Subdivision O, Machinery and Machine Guarding.

(C) Cleaning or inspecting pulpers or other work, including work above the pulper in a dangerous position, shall be in accordance with §1910.147, Lockout, in Subdivision J.

(D) All power mechanisms shall be guarded in accordance with Subdivision O, Machinery and Machine Guarding.

(f) Pulping devices. Emergency stop controls shall be provided at the feed point when pulping devices are fed manually from the floor above.

(g) Guillotine-type roll splitters. Rolls shall be centered and in a horizontal position directly below the guillotine-type blade while being split. No part of the body shall be under the guillotine-type blade.

(h) Stock chests and tanks.

(A) All control devices shall be locked when persons enter stock chests, in accordance with §1910.147, Lockout/Tagout, in Subdivision J.

(B) All power mechanisms shall be guarded in accordance with Subdivision O, Machinery and Machine Guarding.

(C) When cleaning, inspecting, or other work requires that persons enter stock chests, they shall be provided with a low-voltage extension light.

(12) Machine Room.

(a) Controls and safety devices.

(A) Electrically or manually operated power disconnecting devices for all power-operated equipment shall be provided within easy reach of the operator while in his or her normal operating position. If necessary for safety of the operation, the machine shall be so equipped that retarding or braking action can be applied at the time of or after the source of power is deactivated.

(B) Pulp and paper machines shall be equipped with stopping devices. The devices shall be located where they can be used readily to stop the machines or sections of the machine. Power disconnect devices and retarding or braking controls provided for in section (12)(a)(A) of this rule are required for the safe operation of a pulp and paper machine.

(C) Brakes, back stops, antirunaway devices, overload releases, and other safety devices shall be inspected and tested frequently to insure that all are operative and maintained in good repair.

(D) An audible alarm shall be sounded prior to starting up any section of a pulp or paper machine. Sufficient time shall be allowed between activation of the alarm system and start-up of the equipment to allow any persons to clear the hazardous area.

(E) In starting up a dryer section, dryers shall be preheated and steam for heating the drums shall be introduced slowly, while the drums are revolving.

(F) Employees shall not attempt to remove a broken carrier rope from a dryer while the section is running at operating speed.

(G) Employees shall not feed a stack with any hand-held device which is capable of going through the nip.

(H) Employees shall stop dryer to remove a wrap except in cases where it can be safely removed by using air or other safe means.

(I) Special protective gloves shall be provided and shall be worn by employees when filing or handling sharp-edged doctor blades.

(J) Employees shall not place their hands between the sharp edge of an unloaded doctor blade and the roll while cleaning the doctor blade.

(K) The crane operator shall ascertain that reels are properly seated at winder stand or at reel arms before he or she disengages the hooks.

(L) Shaftless winders shall be provided with a barrier guard of sufficient strength and size to confine the rolls in the event they become dislodged while running.

(M) Employees shall keep clear of hazardous areas around the lowerator, especially all lowerator openings in a floor and where roll is being discharged.

(N) If a powered roll ejector is used it should be interlocked to prevent accidental actuation until the receiving platform or roll lowering table is in position to receive the roll.

(O) Provision shall be made to hold the rider roll when in a raised position unless counterbalancing eliminates the hazard.

(b) Drives.

(A) All drives, pulleys, couplings, and shafts on equipment requiring service while operating shall have standard guards in accordance with section (3)(a) of this rule.

(B) All drives shall be provided with lockout devices at the power switch which interrupts the flow of current to the unit.

(D) All accessible disengaged doctor blades should be covered.

(E) All exposed shafts shall be guarded. Crossovers shall be provided.

(F) Oil cups and grease fittings shall be placed in a safe area remote from nip and heat hazards.

(c) Protective equipment. Face shields, aprons and rubber gloves shall be provided for workers handling acids in accordance with sections (3)(c) and (5)(a) of this rule.

(d) Walkways. Steps and footwalks along the fourdrinier and press section shall have nonslip surfacing and be complete with standard handrails, when practical, in accordance with Subdivision D, Walking-Working Surfaces.

(e) Steps. Steps of uniform rise and tread with nonslip surfaces shall be provided at each press in accordance with Subdivision D, Walking-Working Surfaces.

(f) Plank walkways. A removable plank shall be provided along each press, with standard guardrails installed. The planks shall have nonslip surfaces in accordance with Subdivision D, Walking-Working Surfaces.

(g) Dryer lubrication. If a gear bearing must be oiled while the machine is in operation, an automatic oiling device to protect the oiler shall be provided, or oil cups and grease fittings shall be placed along the walkways out of reach of hot pipes and dryer gears.

(h) Levers. All levers carrying weights shall be constructed so that weights will not slip or fall off.

(i) First dryer. Either a permanent guardrail or apron guard or both shall be installed in front of the first dryer in each section in accordance with Subdivision O, Machinery and Machine Guarding.

(j) Steam and hot-water pipes. All exposed steam and hot-water pipes within 7 feet of the floor or working platform or within 15 inches measured horizontally from stairways, ramps, or fixed ladders shall be covered with an insulating material, or guarded in such manner as to prevent contact.

(k) Dryer gears. Dryer gears shall be guarded except where the oilers’ walkway is removed out of reach of the gears’ nips and spokes and hot pipes in accordance with Subdivision O, Machinery and Machine Guarding.

(l) Broke hole.

(A) A guardrail shall be provided at broke holes in accordance with Subdivision D, Walking-Working Surfaces.

(B) Where pulpers are located directly below the broke hole on a paper machine and where the broke hole opening is large enough to permit a worker to fall through, any employee pushing broke down the hole shall wear a safety belt and lanyard. The lanyard shall be fastened in such a manner that it is impossible for the person to fall into the pulper.

(m) Feeder belt. A feeder belt or other effective device shall be provided for starting paper through the calender stack.

(n) Steps. Steps or ladders of uniform rise and tread with nonslip surfaces shall be provided at each calender stack. Handrails and hand grips shall be provided at each calender stack in accordance with Subdivision D, Walking-Working Surfaces.

(o) Grounding. All calender stacks and spreader bars shall be grounded in accordance with Subdivision S, Electrical, as protection against shock induced by static electricity.

(p) Sole plates. All exposed sole plates between dryers, calenders, reels, and rewinders shall have a nonskid surface.

(q) Nip points. The hazard of the nip points on all calender rolls shall be eliminated or minimized by means of an effective barrier device, or by feeding the paper into the rolls by means of a rope carrier, air jets, or hand feeding devices.

(r) Scrapers. Alloy steel scrapers with pullthrough blades approximately 3 by 5 inches in size shall be used to remove “scabs” from calender rolls.

(s) Illumination. Permanent lighting shall be installed in all areas where employees are required to make machine adjustments and sheet transfers in accordance with American National Standard ANSI/IES RP-1990.

(t) Control panels. All control panel handles and buttons shall be protected from accidental contact.

(u) Lifting reels.

(A) The reels shall stop rotating before being lifted from bearings.

(B) All lifting equipment (clamps, cables, and slings) shall be maintained in a safe condition and inspected regularly.

(v) Feeder belts. Feeder belts, carrier ropes, air carriage, or other equally effective means shall be provided for starting paper into the nip or drum-type reels.

(w) In-running nip.

(A) Where the nipping points of all drum winders and rewinders is on the operator’s side, it shall be guarded by barrier guards interlocked with the drive mechanism.

(B) A zero speed switch or locking device shall be installed to prevent the guard from being raised, lowered, or removed while the roll is turning.

(x) Core collars. Set screws for securing core collars to winding and unwinding shafts shall not protrude above the face of the collar. All edges of the collar with which an operator’s hand comes in contact shall be beveled to remove all sharp corners.

(y) Slitter knives. Slitter knives shall be guarded so as to prevent accidental contact. Carriers shall be provided and used for transportation of slitter knives.

(z) Winder shaft. The winder shall have a guide rail to align the shaft for easy entrance into the opened rewind shaft bearing housings.

(aa) Handling rolls, winders and core shafts. Mechanical handling equipment shall be provided for handling rolls, winder shafts, and core shafts that are too heavy for safe manual handling based on the NIOSH Work Practice Guide for Manual Lifting – 1981.

(bb) Winder area. A nonskid surface shall be provided in front of the winder to prevent accidental slipping.

(cc) Radiation. Special standards regarding the use of radiation equipment shall be posted and followed as required by §1910.1096, Ionizing Radiation, in Subdivision Z.

(13) Finishing Room.

(a) Cleaning rolls. Rolls shall be cleaned only on the outrunning side.

(b) Emergency stops. Electrically or manually operated quick power disconnecting devices, interlocked with braking action, shall be provided on all operating sides of the machine within easy reach of all employees. These devices shall be tested by making use of them when stopping the machine.

(c) Core collars. The requirements of section (12)(x) of this rule, and the requirements in Subdivision O, Machinery and Machine Guarding, shall apply.

(d) Elevators. These shall be in accordance with American National Standard ANSI/ASME A17.1-1990.

(e) Control panels. The requirements of section (12)(t) of this rule shall apply.

(f) Guillotine-type cutters.

(A) Each guillotine-type cutter shall be equipped with a control which requires the operator and helper, if any, to use both hands to engage the clutch when operated from within reach of blade.

(B) Each guillotine-type cutter shall be equipped with a nonrepeat device.

(g) Rotary cutter.

(A) On single-knife machines a guard shall be provided at a point of contact to the knife.

(B) On duplex cutters the protection required for single-knife machines shall be provided for the first knife, and a hood shall be provided for the second knife.

(C) Safe access shall be provided to the knives of a rotary cutter by means of catwalks with nonslip surfaces, railings, and toeboards in accordance with Subdivision D, Walking-Working Surfaces.

(D) A guard shall be provided for the spreader or squeeze roll at the nip side on sheet cutters.

(E) Electrically or manually operated quick power disconnecting devices with adequate braking action shall be provided on all operating sides of the machine within easy reach of all operators.

(F) The outside slitters shall be guarded.

(h) Platers.

(A) A guard shall be arranged across the face of the rolls to serve as a warning that the operator’s hand is approaching the danger zone.

(B) A quick power disconnecting device shall be installed on each machine within easy reach of the operator.

(i) Finishing room rewinders.

(A) The nipping points of all drum winders and rewinders located on the operator’s side shall be guarded by either automatic or manually operated barrier guards of sufficient height to protect fully anyone working around them. The barrier guard shall be interlocked with the drive mechanism to prevent operating above jog speed without the guard in place. A zero speed switch should be installed to prevent the guard from being raised while the roll is turning.

(B) A nonskid surface shall be provided in front of the rewinder to prevent an employee from slipping in accordance with section (3)(d) of this rule.

(j) Control panels. The requirements of section (12)(t) of this rule shall apply.

(k) Roll-type embosser. The nipping point located on the operator’s side shall be guarded by either automatic or manually operated barrier guards interlocked with the drive.

(l) Converting machines.

(A) When using a crane or hoist to place rolls into a backstand and the operator cannot see both ends of the backstand, appropriate means will be implemented to eliminate hazards involved. The operator shall ascertain that rolls are properly seated at winder stand or at roll arms before he or she disengages the hooks.

(B) All power closing sections shall be equipped with an audible warning system which will be activated when closing the sections.

(D) Mechanical handling equipment shall be provided for handling rolls or devices that are too heavy for safe manual handling based on the NIOSH Work Practice Guide for Manual Lifting – 1981.

(E) Sheer and pinch points. Sheer and pinch points at the feed mechanism shall be color-coded orange and/or identified by signs in accordance with Subdivision J, General Environmental Controls.

(m) Sorting and counting tables.

(A) Tables shall be smooth and free from splinters, with edges and corners rounded.

(B) Paddles shall be smooth and free from splinters.

(n) Roll splitters. The nip point and cutter knife shall be guarded by either automatic or manually operated barrier guards.

(o) Corrugators.

(A) Rails of rail-mounted devices such as roll stands shall be flush with the adjacent floor, and so installed to provide a minimum of 18 inches clearance between the equipment and walls or other fixed objects.

(B) All corrugating and pressure rolls shall be equipped with appropriately designed and installed threading guides so as to prevent contact with the infeed nip of the various rolls by the operator.

(D) Web shears at the discharge end of the double facer shall be equipped with barrier-type guards.

(E) Slitter stations not in use shall be disconnected from the power source by positive means.

(F) The adhesive system shall be so designed and installed as to keep fumes and airborne dust within limits in accordance with OAR 437-002-0382, Oregon Rules for Air Contaminants, in Subdivision Z.

(14) Materials Handling.

(a) Hand trucks. No person shall be permitted to ride on a powered hand truck unless it is so designed by the manufacturer. A limit switch shall be on operating handle – 30° each way from a 45° angle up and down.

(b) Power trucks. Power trucks shall comply with Subdivision N, Material Handling and Storage. Adequate ventilation shall be provided and the trucks properly maintained, so that dangerous concentrations of carbon monoxide cannot be generated, especially in warehouses or other isolated areas of a plant.

(c) Carton-stitching machine. The carton-stitching machine shall be guarded to prevent the operator from coming in contact with the stitching head.

(d) Banding of skids, cartons, cases, etc. Banders and helpers shall wear eye protection equipment in accordance with section (3)(c) of this rule.

(e) Unloading cars or trucks.

(A) Loading and unloading materials. Platforms with ladders or stairways shall be installed or alternative methods made available when needed so that workers may safely gain access to and perform work on the top of rail cars or trucks when ladders are not installed on such equipment.

(B) Where steel bands or wires are used in boxcars or trucks, all loaders and helpers shall wear eye protection in accordance with Subdivision I, Personal Protective Equipment.

(C) The construction and use of bridge or dock plates shall conform to the requirements of American National Standard B56.1-1988.

(D) Flag signals, derails, or other protective devices shall be used to protect workers during switching operations. The blue flag policy shall be invoked according to section (4)(j) of this rule.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 7-2013, f. & cert. ef. 12-12-13
OSHA 6-2012, f. 9-28-12, cert. ef. 4-1-13
OSHA 1-2012, f. & cert .ef. 4-10-12
OSHA 2-2001, f. & cert. ef. 2-5-01
OSHA 3-1998, f. & cert. ef. 7-7-98
OSHA 7-1994, f. & cert. ef. 11-4-94

Or. Admin. R. 437-002-0313 Additional Oregon Rules for Sawmills

(1) Application. This section includes safety requirements for sawmill operations including, but not limited to, log and lumber handling, sawing, trimming, and planing; waste disposal; operation of dry kilns; finishing; shipping; storage; yard and yard equipment; and for power tools and affiliated equipment used in connection with such operations.

(2) Conveyors. Feed conveyors for chippers, hogs, burners, and other dangerous machines shall be fully guarded to prevent workers from falling into the conveyor. Where a part of the guard must be omitted to permit workers to feed the conveyor, they shall be provided with and shall wear a safety belt and lanyard tied off to a life line.

(3) Unloading Equipment:

(a) The tile and overarm grapple of all hydraulically operated log handling machines shall be equipped with a means for preventing the release of the tilt and/or grapple devices in case of a failure in the hydraulic system;

(b) A-frames and similar log unloading devices shall be guyed and braced to provide stability and prevent tipping.

NOTE: Pond Boats. Small pond boats which are not designed to transport more than one person are exempt from the life-ring requirement.

(4) Transfers and Tracks:

(a) Guardrails and handrails shall be installed on and about transfers and transfer tracks wherever necessary for the safety or workers;

(b) Cars shall not be moved while workers are in the bight of tow lines;

(5) Green Chains and Sorting Tables:

(a) Green chains and similar equipment shall be provided with a stopping device which is readily accessible to one or more persons working on the chain;

(b) A toe board not less than six inches in height of nominal two by six inch material shall be installed on the vertical face of all green chain and sorting tables;

(d) Rollers or other devices shall be provided for removing heavy material from the chain or table.

(e) Workers shall not cross over operating conveyors, rolls, or belts unless elevated cross-overs are provided for this purpose.

(6) Transfer Rolls:

(a) Power driven rolls shall be operated in a manner to prevent end collisions;

(b) The space between live rolls, for a distance of at least one roll on either side of cross-overs or walkways, shall be filled in with substantial material;

(d) Live rolls shall be replaced when a hole (sufficient to impair its strength, or catch clothing) has developed.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-1996, f. & cert. ef. 7-22-96
OSHA 7-1993, f. 6-8-93, cert. ef. 8-1-93

Or. Admin. R. 437-002-0314 Veneer and Plywood Machinery

NOTE: 1910.265(c) and (d) also apply to Veneer and Plywood Machinery. (See OAR 437-002-0313(1).)

(1) Purpose. The purpose of this rule is to prescribe minimum requirements for veneer and plywood operations.

(2) Veneer Lathe.

(a) A mechanical lock shall be provided to prevent the back-up roll from closing until activated by the operator.

(b) A guard or positive interlock and necessary hydraulic or air controls shall be provided to prevent forward movement of the charger, if such movement may be hazardous.

(d) A protective device for the knife edge shall be provided for use when transporting the knife.

(e) Where there is a hazard from “exploding” logs, both lathe operator’s and charger operator’s stations shall be protected against flying slabs and chips.

(f) Means shall be provided in the knife grinding area to drain cleaning or cooling liquids from the work station.

(g) Knives and other cutting equipment shall be stored in planned storage areas.

(h) The area under the elevating ramp (tipple) from the lathe to the stock trays shall be guarded to prevent entrance while the lathe is in operation.

(3) Veneer Slicer. The veneer slicer knife shall be guarded at front and rear to prevent accidental contact with the knife edge.

(4) Veneer Clipper.

(a) Clippers shall be provided with a guard on both infeed and outfeed sides to protect the employees.

(b) Each operating treadle for veneer clippers shall be covered by a device which is adequate to avoid accidental activation or tripping.

(5) Veneer Cutter.

(a) Power-driven guillotine veneer cutters (except continuous feed trimmers) shall be equipped with the following:

(A) A starting device which requires the simultaneous action of both hands to start the cutting motion, and at least one hand on a control during the complete stroke of the knife; or

(B) An automatic device which will remove the hands of the operator from the danger zone at every descent of the blade used in conjunction with one-hand starting devices which require two distinct movements of the device to start the cutting motion.

(b) All power-driven veneer cutters shall be so designed that the knife positively returns to the starting position after each complete cycle of the knife.

(c) Where two or more workers are employed at the same time on the same power-driven guillotine veneer cutter equipped with two-hand control, the device shall be so arranged that each worker shall be required to use both hands shall be required to use both hands simultaneously on the controls to start the cutting motion, and at least one hand on a control to complete the cut.

Note: The controls should be of a type that cannot be defeated by tying down one of them.

(d) In addition to the brake or other stopping mechanism, a nonrepeat device shall be provided which will prevent the machine from operating in the event of a mechanical failure.

(e) Where no other device serves as protection, a guard running the length of the knife shall be installed on the infeed side.

(f) A protective device, such as side shields, shall be provided on the outfeed side.

(g) A protective device for the knife edge shall be provided for use when transporting the knife.

(h) Positive means of opening and locking the control circuit and supporting the mechanism in the “up” position shall be provided for use during knife changes.

(i) When the hold-down clamp and knife are in their uppermost positions, the knife edge shall not extend below the lower edge of the hold-down clamp.

(6) Tray System.

(a) The tray system shall be equipped with controls at each end so that the system cannot be operated unless both switches are in the “on” position.

(b) A walkway shall be constructed the entire length of the trays so that the top tray can be reached in the event of a “plug-up” without having to climb up the frames.

(7) Veneer Dryer.

(a) A standard stairway and catwalk across the tray lines shall be constructed to provide safe access in the event of a “plug-up” and dryer feed controls, including a positive lockout, shall be provided at the feeders’ station.

(b) Steam lines outside the dryer which may be contacted by personnel shall be insulated or enclosed.

(d) Where a band saw is used to trim panel core, it shall be guarded in accordance with 1910.265(e)(2)(ii)(C).

(8) Hot Press or Veneer Press.

(a) Steam lines which may be contacted by personnel shall be insulated or enclosed.

(b) Standard guardrails shall be provided on the ends of loading and unloading elevators or hoist platforms or both. (See Division 2/D.)

(c) Hot-press hoists shall be provided with a braking and holding mechanism which will operate automatically in case of failure of lifting chains or cables.

(d) On a hot-press equipped with an automatic charger, an electrically interlocked gate or chain shall be provided across the opening between the charger and the press which, when opened, will open the circuit to prevent the charger from moving.

(e) Where two workers are employed in loading the press, closing control devices shall be provided within reach of each work station, so interconnected as to require activation of both controls to operate the press, and a quick opening device shall be provided at each station on the press hoist platform.

(f) Floor openings on non-working sides of press and pit shall be protected with standard guardrails. (See Division 2/D.)

(g) Means shall be provided for safe access into the press pit, the top of the press, and each side, and a positive means of blocking up the hoist platform.

(9) Stripsaw and Patch Machine.

(a) An antikickback device and hood guard shall be provided on the veneer stripsaw.

(b) The patch machine shall be guarded to prevent operator’s hands from entering the punch area, and the foot treadle shall be guarded.

(10) Veneer Chipper and Hogs.

(a) The top feed roll shall be equipped with a guard and a shield or panel shall be provided on the operator’s side to prevent operator from reaching the roll.

(b) Chippers and hogs shall be guarded in accordance with 1910.265(c)(20)(i) through (c)(21)(ii)(C). Feed conveyors to chippers and hogs shall be guarded in accordance with OAR 437-002-0313(2).

(11) Electronic Laminating Press and Edge Gluer.

(a) Interlocked gates shall be provided on infeed and outfeed sides of batch-type presses which are interlocked to prevent power being activated until gates are completely lowered.

(b) Shielding shall be provided to protect against harmful exposure to radiation that may be emitted.

(c) All screens and filters shall be equipped with interlocks which will shut off all power in the event they are removed.

(12) Edge Gluer Jointer.

(a) A barrier shall be installed at the end of the travel of the head to prevent flying splinters from injuring personnel.

(b) A gate shall be installed to prevent access between the edge gluer jointer and the grasshopper, so arranged that when the gate is opened, all electricity, air, and hydraulic lines will be shut off and the cylinders bled.

(c) A device should be positioned across the front of the infeed nip point, so arranged as to shut off the equipment if contact is made with it.

(13) Wide Belt Sanders. Wide-belt sanders shall be equipped with non-kickback fingers and a barrier at the infeed side adjusted to prevent more than one panel entering the sander at a time.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 7-1993, f. 6-8-93, cert. ef. 8-1-93

Or. Admin. R. 437-002-0315 Shake and Shingle Machinery

NOTE: 1910.265(c) and (d) also apply to Shake and Shingle Machinery. (See OAR 437-002-0313(1).)

(1) Purpose. The purpose of this rule is to prescribe minimum requirements for shake and shingle manufacturing operations.

(2) Definitions applicable to shake and shingle machinery:

(a) “Blocks” shall mean those sections of a log cut in various lengths;

(b) “Blocks” and “Bolts” may be considered to be synonymous;

(d) “Groover” shall mean a cylinder-type knife (knives) similar to a planer knife (knives), used to cut grooves into the face surface on the side edge of shakes or shingles;

(e) "Hip" and "Ridge saw" shall mean a circular saw used to cut various angles on the side edge of shakes or shingles.

(f) “Johnson Bar” shall mean a shaft used to control the feed of the carriage;

(g) “Knee Bolter Circular Saw” shall mean a stationary circular saw used to trim and debark blocks (the blocks are manually maneuvered onto a carriage and fed into a saw);

(h) “Log Haul” shall mean a power conveyor used to move logs into position to cut into blocks;

(i) “Packers” shall mean employees who pack the manufactured shakes or shingles into bundles;

(j) “Pantograph Power Splitter” shall mean a hydraulically operated wedge, manually positioned into place, used to split blocks;

(k) “Power Saw Splitter” shall mean a stationary circular saw used to split (saw) blocks, (the blocks are manually maneuvered onto a carriage and fed into the saw);

(l) “Set Works” shall mean a component of the shingle machine, located on the machine frame, used to control the thickness of each shingle being manufactured;

(m) “Shake Machine” shall mean a band saw used to cut shake blanks into manufactured shakes;

(n) “Shake Splitter” shall mean a stationary hydraulically operated wedge, manually controlled, used to split shake blocks into shake blanks;

(o) “Shim Saw” shall mean a circular saw used to re-cut manufactured shingles into narrow widths;

(p) “Shingle Machine” shall mean a machine used to manufacture shingles; composed of a feed, set works, and carriage system, all functioning in relation to a circular saw;

(q) “Shingle Saw” shall mean a circular saw used to cut shingles from blocks;

(r) “Spault” shall mean the first and last section(s) of block as it is cut into shingles;

(s) “Spault Catcher” shall mean a device located on the shingle machine next to the solid feed rolls, used to hold the last section of each block being cut (called a spault), in place;

(t) “Track or Swing Cut Off Saw” shall mean a circular saw used to cut blocks from a log.

(3) Track or Swing Cut Off Circular Saw:

(a) A power operated track or swing cut off circular saw shall have controls so arranged that operators are not positioned directly in front of the saw while making a cut;

(b) All track or swing cut off circular saws shall be completely encased or guarded when the saw is in the retract position, except for that portion of the guard that must be left open for the operation of the saw;

(c) Track or swing cut off circular saw guards shall be constructed of sheet metal not less than 1/8-inch thick, or a wood guard of not less than nominal two-inch thick wood material, or equivalent;

NOTE: Hinged or removable doors or gates will be permitted where necessary to permit adjusting and oiling.

(d) The driving belts on the track or swing cut off circular saw shall be guarded;

(e) A safety catch shall be provided to prevent the track cut off saw from leaving the track.

(4) Overhead Deck Splitter — Pantograph:

(a) Pantograph splitters shall have a shroud incorporated on the upper pressure plate to eliminate the possibility of the splitter moving from the operating are. This shroud shall be constructed of substantial design with a minimum width of three inches and a minimum thickness of 3/8-inch;

(b) Mechanically operated overhead splitters shall have handles moving opposite the stroke of the piston;

(c) When the leading edge of the pantograph splitter is completely extended, the minimum clearance from the deck to the splitting edge shall be two inches.

(5) Power Splitter Saw. Power splitters shall have spreaders behind the saw to prevent materials from squeezing the saw or being thrown back on the operator. The top of the saw shall be completely covered.

(6) Knee Bolter Circular Saw:

(a) A safety catch shall be provided to prevent the bolter carriage from leaving the track;

(b) Bolter saws shall be provided with a canopy guard of sheet metal not less than 1/8-inch thick, or cast iron guard not less than 3/16-inch thick or a wood guard of not less than nominal two-inch thick wood material or equivalent:

(A) Such guard shall completely enclose the rear portion of the saw;

(B) It shall be so arranged and adjusted as to cover the front of the saw; not to exceed 20 inches from the top of the carriage to the bottom of the guard on 16-inch and 18-inch blocks and 26 inches on 24-inch blocks, or the material being cut.

(c) Knee bolter saws shall be provided with wipers of belting or other suitable material. These wipers shall be installed on both sides of the saw in such a manner as to deflect knots, chips, slivers, etc., that are carried by the saw;

(d) A positive device shall be provided and used to manually lock and hold the feed table of knee bolter saws in the neutral position when not in use;

(e) That portion of all saws which is below and behind the saw table shall be effectively guarded by the exhaust hood of other device;

(f) Hinged or removable doors or gates will be permitted where necessary to permit adjusting and oiling.

(7) Shake Machinery:

(a) Shake Splitters:

(A) A positive de-energizing device shall be provided within ready reach of each shake splitter operator;

(B) Each shake splitter shall be provided with an adjustable stroke limiter to eliminate the splitting blade from striking the table;

(C) All splitters shall have a minimum clearance of four inches, from the splitting edge to the table surface, when the splitter is in the extended position;

(D) All splitter tables shall have a friction surface to reduce kick out of the material being split;

(E) Shake splitters shall not be operated at a speed that would cause chunks to be thrown in such a manner as to create a hazard to the operator;

(F) The use of foot pedal (treadle) mechanisms shall be provided with protection to prevent unintended operation from falling or moving objects or by accidental stepping onto the pedal:

(i) The pedal shall have a nonslip surface;

(ii) The pedal return spring shall be of the compression type, operating on a rod or guided within a hole or tube, or designed to prevent interleaving of spring coils in event of breakage;

(iii) If pedal counterweights are provided, the path of the travel of the weight shall be enclosed.

(b) Shake Saw Guards:

(A) Every shake band saw shall be equipped with a saw guard on both sides of the blade down to the top side of the guide;

(B) The outside saw guard shall extend a minimum of 3-1/2 inches below the bottom edge of the saw guide;

(A) The band wheels on all shake band saws shall be completely encased or guarded on both sides;

(B) The guards shall be constructed of not less than No. 14 U.S. gauge metal or material equal in strength;

(d) Shake Saw Band Wheels Speed and Maintenance:

(A) No band wheel shall be run at a peripheral speed in excess of that recommended by the manufacturer;

(B) Each band wheel shall be carefully inspected at least once a month by management;

(C) Any band wheel in which a crack is found in the rim or in a spoke shall be immediately discontinued from service until properly repaired;

(D) Each band saw frame shall be provided with a tension indicator.

(8) Upright Shingle Machine:

(a) Upright Shingle Saw Guards:

(A) Every shingle machine carriage shall be equipped with a hand guard which:

(i) Projects at least one inch beyond the cutting edge of the saw;

(ii) Shall be located not more than 1/2-inch from the side of the saw blade.

(B) Shingle saw guards shall have a rim guard so designed and installed as to prevent chips and knots from flying from the saws. Such guards shall cover the edge of the saw to at least the depth of the teeth, except such part of the cutting edge as is essential for sawing the material;

(D) Every part of a clipper saw, except that part which is exposed to trim shingles, shall be enclosed by a guard, so designed and installed to prevent contact with the clipper saw. An additional guard shall be installed not more than four inches above the clipper board and not more than 1/2-inch from the vertical plane of the saw;

(E) The underside of clipper saw boards shall be equipped with a substantial finger guard to effectively protect the operator’s fingers. The guard shall be a minimum of five inches long and 1-1/4 inches deep.

(b) Upright Carriage Guards:

(A) Automatic revolving cam set works and rocker arms, on machine frame, shall be guarded where exposed to contact;

(B) The spault catchers shall be not less than 3/16-inch thick and kept sharp at all times. Missing teeth shall be replaced.

(A) The pinion gear, bull wheel and Johnson bar operating the same carriage, shall be guarded where exposed to contact;

(B) Each shingle machine clutch treadle shall be arranged so that it is necessary to manually operate the treadle to start the machine:

(i) The use of devices to permit the automatic starting of the machine when the jaw treadle is released is prohibited;

(ii) The carriage shall have a brake to hold it in a neutral position.

(9) Related Shake and Shingle Sawing Machinery:

(a) Flat or Taper Saw. A wood or metal guard or its equivalent shall be secured to the sliding table at the side nearest the sawyer to protect him/her from contact with the cutting edge of the saw when a block is not in the cut;

(b) Hip and Ridge Saws:

(A) The hip and ridge saws shall be guarded with a hood-like device;

(B) This guard shall cover that portion of the saw not needed to cut the material, located above the cutting table;

NOTE: The above subsection is applicable to both shake and shingle hip and ridge saws.

(d) Shake or Shingle Groover. The top ends and sides of the groover, to include the press rolls, shall be guarded;

(e) Mechanical Power Transmission Machinery. All mechanical power transmission equipment shall be guarded in accordance with the requirements of Division 2, Subdivision O, Machinery and Machine Guarding.

(10) Circular Saws, Speeds, and Repairs:

(a) Maximum Allowable Speeds:

(A) No circular saw shall be run at a speed in excess of that recommended by the manufacturer;

(B) The manufacturer’s recommended speed shall be etched or otherwise permanently marked on the blade, and that speed shall not be exceeded.

(b) Repairs and Reconditioning:

(A) Shingle saws when reduced in size to less than 40 inches in diameter shall be discontinued from service as shingle saws on upright or vertical machines;

(B) Shingle saws may be reconditioned for use as clipper saws, provided the surfaces are reground and the proper balance attained;

(A) Workers shall not leave shingle machines unattended while the carriage is in motion:

(i) Chunks may be placed horizontally one tier high on top of shingle blocks;

(ii) Shingle blocks shall be piled in a stable manner, not more than 72 inches high, within the immediate working area of the shingle sawyer or the area shall be barricaded.

(B) Provisions shall be made to prevent blocks from falling into the packing area;

(C) On each machine operated by electric motors, positive means shall be provided for rendering such controls or devices inoperative while repairs or adjustments are being made to the machines they control;

(D) Workers shall not stand on top of blocks while in the process of splitting such blocks into bolts.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 7-1993, f. 6-8-93, cert. ef. 8-1-93

Or. Admin. R. 437-002-0316 Oregon Rules for Telecommunications

(1) Application. This division sets forth safety and health standards that apply to the work conditions, practices, means, methods, operations, installations, and processes performed at telephone, TV cable, and other signaling equipment centers and installations, and at field installations used to transmit or control communication or other signals of the service supplier and may be located outdoors or in building spaces used for such field installations. “Center” work includes the installation, operation, maintenance, rearrangement, and removal of communications equipment and other associated equipment in telecommunications switching centers. “Field” work includes the installation, operation, maintenance, rearrangement, and removal of conductors and other equipment used for signal or communication service, and of their supporting or containing structures, overhead or underground on public or private rights of way, including buildings or other structures.

(2) Employee protection in public work areas.

(a) Before work is begun in the vicinity of vehicular or pedestrian traffic which may endanger employees, pedestrian and traffic control devices shall be provided for all operations on or adjacent to streets, alleys and walkways. The traffic control shall conform to the American National Standards Institute (ANSI) D6.1e-1989 Manual on Uniform Traffic Control Devices for Streets and Highways and the Oregon Department of Transportation’s Short Term Work Zones Manual. Where further protection is needed, barriers shall be utilized. At night, warning lights shall be prominently displayed, and excavated areas shall be enclosed with protective barricades.

(b) Once a work area has been established, it shall be the employer’s responsibility to provide adequate supervision and periodic surveillance to assure that the above requirements are met.

(3) Before work is performed on overhead lines, underground (such as in manholes), or in buried plants, the employer or designated representative shall make a complete evaluation of the work location to determine if a hazard exists or could be created in the performance of the work. The employer or designated representative shall determine from this evaluation, a safe procedure for performing the work and those means or methods shall be implemented before the work proceeds. Examples of possible worksite conditions that may be hazardous include, but are not limited to:

(a) Manhole, pit, and pole locations, street intersections, alleys and isolated areas;

(b) Weather and road conditions (such as ice, snow, and rain);

(d) Time of day;

(e) Manhole atmosphere conditions (such as explosive gases, exhaust fumes, and oxygen deficiency);

(f) Jointly occupied manholes with foreign utilities; and

(g) Power hazards.

(4) All equipment, tools, and safety devices shall be installed, used and operated in accordance with the manufacturer’s recommendations and operating instructions and its listing or labeling.

(5) Rubber insulating equipment.

(a) Rubber insulating equipment designed for the voltage levels to be encountered shall be provided and the employer shall ensure that they are used by employees as required by OAR 437, Division 2/R, 1910.268, Telecommunications.

(b) Rubber insulating equipment shall meet the electrical and physical requirements contained in ASTM Standard D-120-87, “Standard Specifications for Rubber Insulating Gloves,” and ASTM Standard D 1048-88(a), “Standard Specifications for Rubber Insulating Blankets,” with the exception that:

(A) The maximum proof test current for a 14-inch Class I glove shall be no more than 14 mA; and with the further exception that:

(B) Existing 14-inch Class I rubber gloves that meet a maximum proof test current of 16 mA and a minimum breakdown voltage of 17,000 volts (RMS) acquired prior to July 1, 1975 may be used as long as these gloves comply with the retest requirements of paragraph (f)(5) of 1910.268.

(d) Rubber gloves for workers. A pair of approved rubber gloves and bag shall be assigned to each worker when workers are required to work on or be exposed to energized parts.

(6) Equipment.

(a) Ladder hooks. When ladder hooks are engaged the safety straps shall be lashed around the top rung and strand or otherwise secured to the strand.

(b) Chain saw usage.

(A) Chain saws shall be inspected prior to use and kept in good repair at all times. Saws with defective parts shall not be used.

(B) Chain saw engines shall be shut off while being fueled.

(C) Chain saws shall be equipped with an automatic throttle control which will return the engine to idling speed upon release of the throttle.

(D) All employees using chain saws shall wear flexible ballistic nylon pads or other equivalent protection sewn or otherwise fastened to the trousers, which will protect the legs from the thigh to below the knee, except when working from an aerial lift device.

(E) Chain saws shall not be brought into a bucket or work platform of an aerial lift device. Saws shall be carried on the outside of the aerial lift device. Chain saws shall be started and used only outside of the aerial lift device.

(7) Training. The employer shall see that employees who operate derricks and cranes are properly trained as required in OAR 437, Division 2/N, OAR 437-002-0229(2), Crane Operator Training Requirements.

(8) Handling poles near energized power conductors.

(a) Insulating gloves shall be worn when handling the pole with either hands or tools, when there exists a possibility that the pole may contact a power conductor. Where the voltage to the ground of the power conductor exceeds 15kV to ground, Class II gloves (as defined in ASTM D1048-88a shall be used. For voltages not exceeding 15kV to ground, insulating gloves shall have a breakdown voltage of at least 17kV.

(b) The guard or insulating material used to protect the pole shall meet the appropriate 3 minute proof test voltage requirements contained in ASTM D 1048-88a.

(9) Fiber optic/lightwave transmission.

(a) Only qualified employees shall install, service, maintain or use lightwave test equipment.

(b) Employees shall avoid eye exposure to emissions from unterminated energized optical connectors.

(d) Employees should not examine or look into broken, severed, or disconnected fiber optic cables.

(e) Lightwave emissions may only be viewed with an indirect image converting device.

(f) Microscopes, magnifying glasses and eye loupes shall not be used to examine energized fiber optic cables.

(g) Lightguide terminals must be tagged “Do Not Energize” when splicing technicians are restoring a damaged system.

(10) Reserved.

(11) Additional definitions in Oregon.

(a) “Clearance:"

(A) For working on, means the certification by the property authority that a specified line or piece of equipment is deenergized; that the proper precautionary measures have been taken and that the line or equipment is being turned over to the workers.

(B) From hazard, means adequate separation or protection by the use of protective devices to prevent accidental contact by persons or objects on approach to a point of danger.

(b) “Climbing space” — The vertical space reserved along the side of poles or structures to permit ready access for linemen to equipment and conductors located on poles or structures.

(c) “Communication plant” — The conductors and their associated equipment required to provide public or private signals or communicative service.

(d) “Competent or qualified person” — A person who is familiar with the construction of, or operation of, such lines and/or equipment that concerns his or her position and who is fully aware of the hazards connected therewith or one who has passed a journeyman’s examination for the particular branch of the trades with which he or she may be connected.

(e) “Emergency” — When an unusual condition exists that endangers life and/or property.

(f) “Foreman or Person-in-charge” — That person directly in charge of workers doing the work regardless of title.

(g) “Grounding” — The act of placing shorts and grounds on conductors and equipment for the purpose of protecting workers from dangerous voltages while working on such lines or equipment.

(h) “Guard or guarded” — Covered, shielded, fenced, enclosed, or otherwise protected by means of suitable covers, casings, barriers, rails, screens, mats, platforms, or warning signs or devices which are suitable to remove the possibility of dangerous contact on approach by other persons or objects to a point of danger.

(i) “Manlift equipment” — Such types of portable truck-mounted equipment as mechanical, electric or hydraulic ladders and boom-mounted buckets or cages.

(j) “Protection from hazardous voltage” — The isolation from or deenergizing of equipment to prevent accidental contact by persons or objects on approach to point of danger.

(k) “Protective devices” — Those devices such as rubber gloves, rubber blankets, line hose, rubber hoods or other insulating devices, which are specially designed for the protection of workers.

(l) “Public highway” — Land, road, street, boulevard, and every way or place in the state open as matter of right to public vehicular travel, both inside and outside the limit of cities and towns.

(m) “Sheath” — As applied to sharp tools, a case that effectively covers the tool.

(n) “Voltage communications” — Voltage used for electronic communications equipment to which workers or protective equipment may be subjected.

(A) “High” — Over 600 volts to ground — RMS AC or DC or over 1,000 volts RMS across bare parts.

(B) “Medium high” — 151 to 600 volts to ground — RMS AC or DC or 301 to 1,000 volts RMS AC across any bare parts.

(o) “Voltage electric supply” — The maximum effective line voltage to which the workers or protective equipment may be subjected.

(A) “Low” — Includes voltages from 100 to 600 volts.

(B) “High” — Those voltages in excess of 600 volts.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-1999, f. & cert. ef. 4-30-99
OSHA 2-1999, f. & cert. ef. 4-30-99
OSHA 1-1996, f. & cert. ef. 2-16-96
OSHA 11-1993, f. 8-4-93, cert. ef. 10-1-93

Or. Admin. R. 437-002-0320 Adoption by Reference.

In addition to, and not in lieu of, any other health and safety codes contained in OAR chapter 437, the Department adopts by reference the following federal regulations printed as part of the Code of Federal Regulations, 29 CFR 1910, in the Federal Register:

(1) 29 CFR 1910.301 Introduction; published 8/7/81, FR vol. 46, p. 40185.

Design Safety Standards for Electrical Systems

(2) 29 CFR 1910.302 Electrical utilization systems; published 2/14/07, FR vol. 72, no. 30, p. 7136.

(3) 29 CFR 1910.303 General requirements; published 10/29/08, FR vol. 73, no. 210, p. 64202.

(4) 29 CFR 1910.304 Wiring design and protection; published 10/29/08, FR vol. 73, no. 210, p. 64202.

(5) 29 CFR 1910.305 Wiring methods, components and equipment for general use; published 2/14/07, FR vol. 72, no. 30, p. 7136.

(6) 29 CFR 1910.306 Specific purpose equipment and installations; published 2/14/07, FR vol. 72, no. 30, p. 7136.

(7) 29 CFR 1910.307 Hazardous (classified) locations; published 2/14/07, FR vol. 72, no. 30, p. 7136.

(8) 29 CFR 1910.308 Special systems; published 2/14/07, FR vol. 72, no. 30, p. 7136.

(9) (Reserved for 1910.309–.330)

(10) 29 CFR 1910.331 Scope; published 4/11/14, FR vol. 79, no. 70, p. 20316; 10/5/15, FR vol. 80, no. 192, p. 60033.

(11) 29 CFR 1910.332 Training; published 8/6/90, Federal Register vol. 55, no. 151, pp. 32016-32020.

(12) 29 CFR 1910.333 Selection and use of work practices; published 1/31/94, FR vol. 59, no. 20, pp. 4475-6; amended with OR-OSHA AO 4-2007, filed and effective 8/15/07.

(13) 29 CFR 1910.334 Use of equipment; published 11/1/90, FR vol. 55, no. 212, pp. 46052-46054.

(14) 29 CFR 1910.335 Safeguards for personnel protection; published 8/6/90, Federal Register vol. 55, no. 151, pp. 32016-32020.

(15) (Reserved for 1910.336–.360)

Safety-Related Maintenance Requirements

(16) (Reserved for 1910.361–.380)

Safety Requirements for Special Equipment

(17) (Reserved for 1910.381–.398)

(18) 29 CFR 1910.399 Definitions Applicable to this Subdivision; published 4/11/14, FR vol. 79, no. 70, p. 20316.

(19) Appendices. Appendix A — Reference Documents. These standards are available at the Oregon Occupational Safety and Health Division (OR-OSHA), Department of Consumer and Business Services; and the United States Government Printing Office.

NOTE: The rule adopts by reference the federal Electrical Standard.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16
OSHA 3-2009, f. 4-6-09, cert. ef. 4-17-09
OSHA 4-2007, f. & cert. ef. 8-15-07
OSHA 3-1994, f. & cert. ef. 8-1-94
OSHA 2-1991, f. 2-4-91, cert. ef. 4-1-91

Or. Admin. R. 437-002-0340 Adoption by Reference

In addition to, and not in lieu of, any other safety and health codes contained in OAR chapter 437, the Department adopts by reference the following federal regulations printed as part of the Code of Federal Regulations, 29 CFR 1910, in the Federal Register:

(1) 29 CFR 1910.401 Scope and application, published 2/17/04, FR vol. 69, p. 7351.

(2) 29 CFR 1910.402 Definitions, published 2/17/04, FR vol. 69, p. 7351.

(3) 29 CFR 1910.410 Qualification of dive team, published 7/22/77, Federal Register, vol. 42, p. 37668.

(4) 29 CFR 1910.420 Safe practices manual, published 4/30/84, FR vol. 49, p. 18295.

(5) 29 CFR 1910.421 Pre-dive procedures, published 6/7/89, FR vol. 54, p. 24334.

(6) 29 CFR 1910.422 Procedures during dive, published 7/22/77, Federal Register, vol. 42, p. 37668.

(7) 29 CFR 1910.423 Post-dive procedures, published 4/30/84, FR vol. 49, p. 18295.

(8) 29 CFR 1910.424 SCUBA diving, published 7/22/77, Federal Register, vol. 42, p. 37668.

(9) 29 CFR 1910.425 Surface-supplied air diving, published 7/22/77, Federal Register, vol. 42, p. 37668.

(10) 29 CFR 1910.426 Mixed-gas diving, published 7/22/77, Federal Register, vol. 42, p. 37668.

(11) 29 CFR 1910.427 Liveboating, published 7/22/77, Federal Register, vol. 42, p. 37668.

(12) 29 CFR 1910.430 Equipment, published 9/18/88, FR, vol. 51, p. 33033.

(13) 29 CFR 1910.440 Recordkeeping requirements, published 12/27/11, FR vol. 76, no. 248, p. 80735.

(14) 29 CFR 1910.441 Effective date, published 4/3/06, FR vol. 71, no. 63, p. 16669.

(15) 29 CFR 1910, Appendix A to Subdivision T, Examples of conditions which may restrict or limit exposures to hyperbaric conditions, published 7/22/77, Federal Register, vol. 42, p. 37668.

(16) 29 CFR 1910, Appendix B to Subdivision T, Guidelines for scientific diving, published 1/9/85, Federal Register, vol. 50, p. 1050.

(17) 29 CFR 1910, Appendix C to Subdivision T, Alternative Conditions under §1910.401(a)(3) for Recreational Diving Instructors and Diving Guides (Mandatory), published 2/17/04, Federal Register, vol. 69, p. 7351.

NOTE: These standards are on file at the Oregon Occupational Safety and Health Division, Oregon Department of Consumer and Business Services, and the United States Government Printing Office.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2012, f. & cert .ef. 4-10-12
OSHA 4-2011, f. & cert. ef. 12-8-11
OSHA 4-2006, f. & cert. ef. 7-24-06
OSHA 2-2004, f& cert. ef. 5-20-04
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 5-1993, f. 5-3-93, cert. ef. 6-1-93

Or. Admin. R. 437-002-0342 Additional Oregon Definition

“Depth” The actual depth of the dive measured in feet below the water’s surface. For purposes of determining pressure equivalents, these measurements are assumed to be salt water at 0.445 pounds per square inch per foot of depth (0.445 psi/ft depth). Fresh water equals 0.432 psi/ft depth.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-1993, f. 5-3-93, cert. ef. 6-1-93

Or. Admin. R. 437-002-0345 Inland Emergency Aid

If conducting inland dive operation, the telephone or call numbers of the nearest local sheriff’s office shall be included on the “Emergency Aid” list.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-1993, f. 5-3-93, cert. ef. 6-1-93

Or. Admin. R. 437-002-0355 Air Supply Systems (Compressed Gases and Air)

(1) For purposes of this standard, air supply systems shall include:

(a) Air supplied directly to a diver;

(b) Compressed systems used to fill air cylinders (tanks);

(d) Compressed oxygen cylinder;

(e) For additional requirements for compressed gas cylinders, see OAR division 2/I, 1910.134(d), Respiratory Protection; Division 2/H, 1910.101, Compressed Gases; and 30 CFR 11, Respiratory Protective Devices.

(2) Tests for carbon monoxide shall be conducted on the air in air supply systems as follows:

(a) At least daily for air supplied directly to the diver; and

(b) At least once for each group or batch of cylinders filled or purchased.

(3) The employer shall insure that the requirements of 1910. 430(d) through (i) are met, regardless of where compressed gas cylinder (tanks) are purchased or filled.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-1993, f. 5-3-93, cert. ef. 6-1-93

Or. Admin. R. 437-002-0360 Adoption by Reference

(1) (Reserved) 29 CFR 1910.1000 Air contaminants.

(2) 29 CFR 1910.1001 Asbestos, published 5/14/19, FR vol. 84, no. 93, p. 21416.

(3) 29 CFR 1910.1002 Coal tar pitch volatiles, interpretation of term, published 1/21/83, Federal Register, vol. 43, p. 2768.

(4) 29 CFR 1910.1003 13 Carcinogens, published 3/26/12, FR vol. 77, no. 58, p. 17574.

(5) 29 CFR 1910.1004 See §1910.1003, 13 Carcinogens.

(6) Reserved for 29 CFR 1910.1005.

(7) 29 CFR 1910.1006 See §1910.1003, 13 Carcinogens.

(8) 29 CFR 1910.1007 See §1910.1003, 13 Carcinogens.

(9) 29 CFR 1910.1008 See §1910.1003, 13 Carcinogens.

(10) 29 CFR 1910.1009 See §1910.1003, 13 Carcinogens.

(11) 29 CFR 1910.1010 See §1910.1003, 13 Carcinogens.

(12) 29 CFR 1910.1011 See §1910.1003, 13 Carcinogens.

(13) 29 CFR 1910.1012 See §1910.1003, 13 Carcinogens.

(14) 29 CFR 1910.1013 See §1910.1003, 13 Carcinogens.

(15) 29 CFR 1910.1014 See §1910.1003, 13 Carcinogens.

(16) 29 CFR 1910.1015 See §1910.1003, 13 Carcinogens.

(17) 29 CFR 1910.1016 See §1910.1003, 13 Carcinogens.

(18) 29 CFR 1910.1017 Vinyl chloride, published 5/14/19, FR vol. 84, no. 93, p. 21416.

(19) 29 CFR 1910.1018 Inorganic arsenic, published 5/14/19, FR vol. 84, no. 93, p. 21416.

(20) 29 CFR 1910.1020 Access to Employee Exposure and Medical Records, published 6/8/11, Federal Register, vol. 76, no. 110, p. 33590. Appendix A: Sample Authorization Letter. Appendix B: Availability of NIOSH RTECS.

(21) 29 CFR 1910.1025 Lead, published 5/14/19, FR vol. 84, no. 93, p. 21416.

(22) 29 CFR 1910.1026 Chromium (VI), published 5/14/19, FR vol. 84, no. 93, p. 21416.

(23) 29 CFR 1910.1027 Cadmium, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746.

(24) 29 CFR 1910.1028 Benzene, and Appendices A, B, C, D, and E, published 5/14/19, FR vol. 84, no. 93, p. 21416.

(25) 29 CFR 1910.1029 Coke oven emissions, published 5/14/19, FR vol. 84, no. 93, p. 21416.

(26) 29 CFR 1910.1030 Bloodborne pathogens, published 5/14/19, FR vol. 84, no. 93, p. 21416.

(27) 29 CFR 1910.1043 Cotton dust, published 5/14/19, FR vol. 84, no. 93, p. 21416.

(28) 29 CFR 1910.1044 1,2 dibromo-3 chloropropane, published 5/14/19, FR vol. 84, no. 93, p. 21416.

(29) 29 CFR 1910.1045 Acrylonitrile, published 5/14/19, FR vol. 84, no. 93, p. 21416.

(30) 29 CFR 1910.1047 Ethylene oxide, published 5/14/19, FR vol. 84, no. 93, p. 21416.

(31) 29 CFR 1910.1048 Formaldehyde, and Appendices A, B, C, D and E, published 5/14/19, FR vol. 84, no. 93, p. 21416.

(32) 29 CFR 1910.1050 Methylenedianiline (MDA), published 5/14/19, FR vol. 84, no. 93, p. 21416.

(33) 29 CFR 1910.1051 1,3-Butadiene, published 5/14/19, FR vol. 84, no. 93, p. 21416.

(34) 29 CFR 1910.1052 Methylene Chloride, published 5/14/19, FR vol. 84, no. 93, p. 21416.

(35) 29 CFR 1910.1096 Ionizing radiation, published 6/20/96, FR vol. 61, no. 46, p. 31427.

(36) 29 CFR 1910.1200 Hazard communication, published 5/20/24, FR vol. 89, no. 98, p. 44144-44461; 10/9/24, FR vol. 89, no. 196, pp. 81829-81836; 1/8/26, FR vol. 91, no. 5, pp. 562-598; and 2/13/2026, FR vol. 91, no. 30, p. 6760; amended with Oregon OSHA Administrative Order 1-2026, filed 5/29/26, effective 7/1/26.

(37) 29 CFR 1910.1201 Retention of DOT Markings, Placards and Labels, published 7/19/94, Federal Register, vol. 59, p. 36700.

(38) 29 CFR 1910.1450 Occupational Exposure to Hazardous Chemicals in Laboratories, published 1/22/13, FR vol. 78, no. 14, p. 4324.

(39) 29 CFR 1910.1499 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9245.

(40) 29 CFR 1910.1500 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9245.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2026, amend filed 05/29/2026, effective 07/01/2026
OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024
OSHA 3-2019, amend filed 10/29/2019, effective 10/29/2019
OSHA 4-2013, f. & cert. ef. 7-19-13
OSHA 3-2013, f. & cert. ef. 7-18-13
OSHA 5-2012, f. & cert. ef. 9-25-12
OSHA 1-2012, f. & cert .ef. 4-10-12
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
OSHA 4-2011, f. & cert. ef. 12-8-11
OSHA 3-2010, f. 6-10-10, cert. ef. 6-15-10
OSHA 5-2009, f. & cert. ef. 5-29-09
OSHA 10-2006, f. & cert. ef. 11-30-06
OSHA 6-2006, f. & cert. ef. 8-30-06
OSHA 4-2006, f. & cert. ef. 7-24-06
OSHA 1-2005, f. & cert. ef. 4-12-05
OSHA 12-2001, f. & cert. ef. 10-26-01
OSHA 10-2001, f. 9-14-01, cert. ef. 10-18-01
OSHA 6-2001, f. & cert. ef. 5-15-01
OSHA 2-1999, f. & cert. ef. 4-30-99
OSHA 1-1999, f. & cert. ef. 3-22-99
OSHA 3-1998, f. & cert. ef. 7-7-98
OSHA 1-1998, f. & cert. ef. 2-13-98
OSHA 8-1997, f. & cert. ef. 11-14-97
OSHA 6-1997, f. & cert. ef. 5-2-97
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 6-1996, f. & cert. ef. 11-29-96
OSHA 4-1996, f. & cert. ef. 9-13-96
OSHA 8-1995, f. & cert. ef. 8-25-95
OSHA 5-1995, f. & cert. ef. 4-6-95
OSHA 4-1995, f. & cert. ef. 3-29-95
OSHA 1-1995, f. & cert. ef. 1-19-95
OSHA 4-1994, f. & cert. ef. 8-4-94
OSHA 17-1993, f. & cert. ef. 11-15-93
OSHA 12-1993, f. 8-20-93, cert. ef. 11-1-93
OSHA 6-1993(Temp), f. & cert. ef. 5-17-93
OSHA 1-1993, f. & cert. ef. 1-22-93
OSHA 15-1992, f. & cert. ef. 12-30-92
OSHA 14-1992, f. & cert. ef. 12-7-92
OSHA 12-1992, f. & cert. ef. 10-13-92
OSHA 11-1992, f. & cert. ef. 10-9-92
OSHA 9-1992(Temp), f. & cert. ef. 9-24-92
OSHA 6-1992, f. & cert. ef. 5-18-92
OSHA 5-1992, f. 4-24-92, cert. ef. 7-1-92
OSHA 4-1992, f. & cert. ef. 4-16-92
OSHA 1-1992, f. & cert. ef. 1-22-92
OSHA 15-1991, f. & cert. ef. 12-13-91
OSHA 13-1991, f. & cert. ef. 10-10-91
OSHA 7-1991, f. & cert. ef. 4-25-91
OSHA 21-1990, f. & ef. 9-18-90
OSHA 20-1990, f. & ef. 9-18-90
OSHA 19-1990, f. & ef. 8-31-90
OSHA 14-1990, f. 6-28-90, ef. 8-1-90
OSHA 13-1990(Temp), f. 6-28-90, ef. 8-1-90
OSHA 11-1990, f. 6-7-90, ef. 7-1-90
OSHA 9-1990, f. 5-8-90, ef. 8-8-90
OSHA 7-1990, f. & ef. 3-2-90
OSHA 6-1990, f. & ef. 3-2-90
OSHA 3-1990(Temp), f. & ef. 1-19-90
OSHA 1-1990(Temp), f. & ef. 1-11-90
APD 13-1989, f. & ef. 7-17-89
APD 11-1989, f. 7-14-89, ef. 8-14-89
APD 9-1989, f. & ef. 7-7-89
APD 6-1989(Temp), f. 4-20-89, ef. 5-1-89
APD 4-1989(Temp), f. 3-31-89, ef. 5-1-89
APD 18-1988, f. & ef. 11-17-88
APD 14-1988, f. & ef. 9-12-88
APD 13-1988, f. 8-2-88 & ef. 8-2-88

Or. Admin. R. 437-002-0363 Oregon Amendment

1910.1028(j)(1)(ii) is amended to read (wording in brackets is deleted): 1910.1028(j)(1)(ii) The employer shall ensure that labels or other appropriate forms of warning are provided for containers of benzene within the workplace. [There is no requirement to label pipes.] The labels shall comply with the requirements of CFR 1910.1200(f) and in addition shall include the following legend:

Danger Contains Benzene  Cancer Hazard

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 13-1988, f. & ef. 8-2-88

Or. Admin. R. 437-002-0364 Oregon Rules for MOCA (4,4'-Methylene Bis (2-chloroaniline))

(1) Application. This rule applies to any areas in which MOCA (4,4’-Methylene bis (2-chloroaniline)) (CAS# 101-14-4) is manufactured, processed, repackaged, released, handled, or stored, but shall not apply to transhipment in sealed containers, except for the labeling requirements under OAR 437-002-0364(5)(b), (c), and (d).

(2) Definitions:

“Absolute filter” is one capable of retaining 99.97 percent of a monodisperse aerosol of 0.3 µm particles.

“Administrator” means the Administrator of the Oregon Occupational Safety and Health Division, or any person directed to act for the Administrator.

“Authorized employee” means an employee whose duties require them to be in the regulated area and who has been specifically assigned by the employer.

“Clean change room” means a room where employees put on clean clothing and/or protective equipment in an environment free of MOCA. The clean change room shall be contiguous to and have an entry from a shower room, when the shower room facilities are otherwise required in this rule.

“Closed system” means an operation involving MOCA where containment prevents the release of MOCA into regulated areas, non-regulated areas, or the external environment.

“Decontamination” means the inactivation of MOCA or its safe disposal.

“Disposal” means the safe removal of MOCA from the work environment.

“Emergency” means an unforeseen circumstance or set of circumstances resulting in the release of MOCA which may result in exposure to or contact with MOCA.

“External environment” means any environment external to regulated and non-regulated areas.

“Isolated system” means a fully enclosed structure other than the vessel of containment of MOCA which is impervious to the passage of MOCA and which would prevent the entry of MOCA into regulated areas, non-regulated areas, or the external environment, should leakage or spillage from the vessel of containment occur.

“Laboratory type hood” is a device enclosed on three sides and the top and bottom, designed and maintained so as to draw air inward at an average linear face velocity of 150 feet per minute with a minimum of 125 feet per minute; designed, constructed, and maintained in such a way that an operation involving MOCA within the hood does not require the insertion of any portion of any employee's body other than their hands and arms.

“Non-regulated area” means any area under the control of the employer where entry and exit is neither restricted nor controlled.

“Open-vessel system” means an operation involving MOCA in an open vessel, which is not in an isolated system, a laboratory type hood, nor in any other system affording equivalent protection against the entry of MOCA into regulated areas, non-regulated areas, or the external environment.

“Protective clothing” means clothing designed to protect an employee against contact with or exposure to MOCA.

“Regulated area” means an area where entry and exit is restricted and controlled.

(3) Requirements for areas containing MOCA.

(a) A regulated area shall be established by an employer where MOCA is manufactured, processed, used, repackaged, released, handled or stored. All such areas shall be controlled in accordance with the requirements for the following category or categories describing the operation involved:

(A) Isolated systems. Employees working with MOCA within an isolated system, such as a “glove box” shall wash their hands and arms upon completion of the assigned task and before engaging in other activities not associated with the isolated system.

(B) Closed system operation. Within regulated areas where MOCA is stored in sealed containers, or contained in a closed system, including piping systems, with any sample ports or openings closed while MOCA is contained within:

(i) Access shall be restricted to authorized employees only; and

(ii) Employees shall be required to wash hands, forearms, face and neck upon each exit from the regulated areas, close to the point of exit and before engaging in other activities.

(D) Transfer from a closed system, charging or discharging point operations, or otherwise opening a closed system. In operations involving “laboratory type hoods,” or in locations where MOCA is contained in an otherwise “closed system,” but is transferred, charged, or discharged into other normally closed containers, the provisions of this rule shall apply.

(i) Access shall be restricted to authorized employees only.

(ii) Each operation shall be provided with continuous local exhaust ventilation so that air movement is always from ordinary work areas to the operation. Exhaust air shall not be discharged to regulated areas, non-regulated areas or the external environment unless decontaminated. Clean make-up air shall be introduced in sufficient volume to maintain the correct operation of the local exhaust system.

(iii) Employees shall be provided with, and required to wear, clean, full body protective clothing (smocks, coveralls, or long-sleeved shirt and pants), shoe covers and gloves prior to entering the regulated area.

(iv) Employees engaged in MOCA handling operations must be provided and required to wear and use respiratory protection, in accordance with OAR 437, Division 2/I, Personal Protective Equipment, 1910.134, Respiratory Protection.

(v) Prior to each exit from a regulated area, employees shall be required to remove and leave protective clothing and equipment at the point of exit and at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for purposes of decontamination or disposal. The contents of such impervious containers shall be identified, as required under OAR 437-002-0364(5)(b), (c) and (d).

(vi) Employees shall be required to wash hands, forearms, face and neck on each exit from the regulated area, close to the point of exit, and before engaging in other activities.

(vii) Employees shall be required to shower after the last exit of the day.

(viii) Drinking fountains are prohibited in the regulated area.

(E) Maintenance and decontamination activities. In cleanup of leaks or spills, maintenance or repair operations on contaminated systems or equipment, or any operations involving work in an area where direct contact with MOCA could result, each authorized employee entering that area shall:

(i) Be provided with and required to wear clean, impervious garments, including gloves, boots and continuous-air supplied hood in accordance with OAR 437, Division 2/I, Personal Protective Equipment;

(ii) Be decontaminated before removing the protective garments and hood; and

(iii) Be required to shower upon removing the protective garments and hood.

(F) Premixed solutions. Where MOCA is present only in a single solution at a temperature not exceeding 220° F, the establishment of a regulated area is not required; however:

(i) Only authorized employees shall be permitted to handle such materials;

(ii) Each day employees shall be provided with and required to wear a clean change of protective clothing (smocks, coveralls, or long-sleeved shirts and pants), gloves, and other protective garments and equipment necessary to prevent contact with the solution in the process used;

(iii) Employees shall be required to remove and leave protective clothing and equipment when leaving the work area at the end of the work day, or at any time solution is spilled on such clothing or equipment. Used clothing and equipment shall be placed in impervious containers for purposes of decontamination or disposal. The contents of such impervious containers shall be identified, as required under OAR 437-002-0364(5)(b), (c) and (d).

(iv) Employees shall be required to wash hands and face after removing such clothing and equipment and before engaging in other activities;

(v) Employees assigned to work covered by OAR 437-002-0364(3)(a)(F) shall be deemed to be working in regulated areas for the purposes of OAR 437-002-0364(4)(a); (b)(A), (B); (c)(C), (D), and 437-002-0364(5) through (7).

(vi) Work areas where solution may be spilled shall be:

(I) Covered daily or after any spill with a clean covering; or

(II) Cleaned thoroughly daily and after any spill.

(4) General Regulated Area Requirements:

(a) Emergencies. In an emergency, immediate measures including, but not limited to, the requirements of sections (A), (B), (C), (D), and (E) below shall be implemented:

(A) The potentially affected area shall be evacuated as soon as the emergency has been determined.

(B) Hazardous conditions created by the emergency shall be eliminated and the potentially affected area shall be decontaminated prior to the resumption of normal operations.

(C) Special medical surveillance by a physician shall be instituted within 24 hours, for employees present in the potentially affected area at the time of the emergency. A report of the medical surveillance and any treatment shall be included in the incident report, in accordance with OAR 437-002-0364(6)(b).

(D) Where an employee has a known contact with MOCA, such employee shall be required to shower as soon as possible, unless contraindicated by physical injuries.

(E) An incident report on the emergency shall be reported as provided in OAR 437-002-0364(6)(b).

(F) Emergency deluge showers and eyewash fountains supplied with running potable water shall be located near, within sight of, and on the same level with locations where a direct exposure to MOCA would be most likely as a result of equipment failure, or improper work practice.

(b) Hygiene Facilities and Practices.

(A) Storage or consumption of food, storage or use of containers of beverages, storage or application of cosmetics, smoking, storage of smoking materials, tobacco products or other products for chewing, or the chewing of such products, are prohibited in regulated areas.

(B) Where employees are required by OAR 437-002-0364 to wash, washing facilities shall be provided in accordance with OAR 437, Division 2/J, 1910.141, Sanitation.

(C) Where employees are required by OAR 437-002-0364 to shower, shower facilities shall be provided in accordance with OAR 437, Division 2/J, 1910.141 Sanitation.

(D) Where employees wear protective clothing and equipment clean change rooms shall be provided in accordance with OAR 437, Division 2/J, 1910.141, Sanitation, for the number of such employees required to change clothes.

(E) Where toilets are in regulated areas, such toilets shall be in a separate room.

(A) Regulated areas, except for outdoor systems, shall be maintained under pressure negative with respect to non-regulated areas. Local exhaust ventilation may be used to satisfy this requirement. Clean make-up air in equal volume shall replace air removed.

(B) Any equipment, materials, or other item taken into or removed from a regulated area shall be done so in a manner that does not cause contamination in non-regulated areas or the external environment.

(C) Decontamination procedures shall be established and implemented to remove MOCA from the surfaces of materials, equipment, and the decontamination facility.

(D) Dry sweeping and dry mopping is prohibited.

(5) Signs, Information and Training.

(a) Signs.

(A) Entrances to regulated areas shall be posted with signs bearing the legend:

DANGER

MOCA

(4,4’-METHYLENE BIS (2-CHLOROANILINE))

MAY CAUSE CANCER

AUTHORIZED PERSONNEL ONLY

(B) Entrances to regulated areas containing operations covered in OAR 437-002-0364 (3)(a)(E), shall be posted with signs bearing the legend:

DANGER

MOCA

(4,4’-METHYLENE BIS (2-CHLOROANILINE))

MAY CAUSE CANCER

WEAR RESPIRATORY PROTECTION AND

PROTECTIVE CLOTHING IN THIS AREA

AUTHORIZED PERSONNEL ONLY

(C) Appropriate signs and instructions shall be posted at the entrance to, and exit from, regulated areas, informing employees of the procedures that must be followed in entering and leaving a regulated area.

(b) Container Contents Identification.

(A) Provide impervious containers as required under OAR 437-002-0364(3)(a)(D)(v).

(i) Ensure only authorized employees have access to and handle containers.

(ii) Containers must display the following warning:

DANGER

CONTENTS CONTAMINATED with MOCA

(4,4’-METHYLENE BIS (2-CHLOROANILINE))

MAY CAUSE CANCER

(B) Label all primary and secondary containers of MOCA in accordance with 1910.1200.

(A) Lettering on signs and instructions required by OAR 437-002-0364(5)(a)[ and (b)] shall be a minimum letter height of 2 inches.

(B) Labels on containers required under OAR 437-002-0364(5)(b)(A)(ii) shall not be less than 1/2 the size of the largest lettering on the package, and not less than 8 point type in any instance; provided that no such required lettering need be more than 1 inch in height.

(d) Prohibited Statements. No statement shall appear on or near any required sign, label, or instruction which contradicts or detracts from the effect of any required warning, information or instruction.

(e) Training and Indoctrination.

(A) Each employee prior to being authorized to enter a regulated area, shall receive a training and indoctrination program including, but not necessarily limited to:

(i) The nature of the carcinogenic hazards of MOCA including local and systemic toxicity;

(ii) The specific nature of the operation involving MOCA which could result in exposure;

(iii) The purpose for and application of the medical surveillance program, including, as appropriate, methods of self-examination;

(iv) The purpose for and application of decontamination practices and purposes;

(v) The purpose for and significance of emergency practices and procedures;

(vi) The employee’s specific role in emergency procedures;

(vii) Specific information to aid the employee in recognition and evaluation of conditions and situations which may result in the release of MOCA;

(viii) The purpose for and application of specific first aid procedures and practices; and

(ix) A review of OAR 437-002-0364 at the employee’s first training and indoctrination program and annually thereafter.

(B) Specific emergency procedures shall be prescribed, and posted, and employees shall be familiarized with their terms, and rehearsed in their application.

(C) All materials relating to the program shall be provided upon request to authorized representatives of the Administrator.

(6) Reports.

(a) Reserved.

(b) Incidents. Incidents which result in the release of MOCA into any area where employees may be potentially exposed shall be reported in accordance with this rule.

(A) A report of the occurrence of the incident and the facts obtainable at that time, including a report of any medical treatment of affected employees, shall be made within 24 hours to the Administrator.

(B) A written report shall be filed with the Administrator within 15 calendar days thereafter, and shall include:

(i) A description of the area involved, and the extent of known and possible employee exposure and area contamination; and

(ii) A report of any medical treatment of affected employees, and any medical surveillance program implemented; and

(iii) An analysis of the circumstances of the incident, and measures taken or to be taken, with specific completion dates, to avoid further similar releases.

(7) Medical Surveillance. At no cost to the employee, a program of medical surveillance shall be established and implemented for employees considered for assignment to enter regulated areas, and for authorized employees.

(a) Examinations:

(A) Before an employee is assigned to enter a regulated area, a pre-assignment physical examination by a physician shall be provided. The examination shall include the personal history of the employee, family and occupational background, including genetic and environmental factors.

(B) Authorized employees shall be provided periodic physical examinations, not less often than annually, following the pre-assignment examination.

(C) In all physical examinations, the examining physician shall consider whether there exist conditions of increased risk, including reduced immunological competence, those undergoing treatment with steroids or cytotoxic agents, pregnancy and cigarette smoking.

(b) Records:

(A) Employers of employees examined pursuant to this rule shall cause to be maintained complete and accurate records of all such medical examinations. Records shall be maintained for the duration of the employee’s employment. The employer shall comply with the requirements concerning transfer of records set forth in Division 2/Z, 1910.1020(h).

(B) Records required by this rule shall be provided upon request to employees, designated representatives, and the Administrator in accordance with OAR 437, Division 2/Z, 1910.1020, Access to Employee Exposure and Medical Records.

(C) Any physician who conducts a medical examination required by this rule shall furnish to the employer a statement of the employee’s suitability for employment in the specific exposure.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2012, f. & cert. ef. 9-25-12
OSHA 4-2011, f. & cert. ef. 12-8-11
OSHA 12-1993, f. 8-20-93, cert. ef. 11-1-93
WCB 8-1980, f. 11-5-80, ef. 12-1-80
WCB 4-1979, f. 5-21-79, ef. 7-15-79
WCB 3-1975, f. 10-6-75, ef. 11-1-75

Or. Admin. R. 437-002-0368 Deterioration

(1) Periodic examination, at least annually, of all asbestos containing material should be performed to detect deterioration.

(2) Asbestos which has become damaged or deteriorated shall be repaired, enclosed, encapsulated, or removed in accordance with the provisions of 29 CFR 1926.1101 in OAR 437, division 3, Construction.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2005, f. & cert. ef. 4-12-05
OSHA 4-1995, f. & cert. ef. 3-29-95
OSHA 12-1993, f. 8-20-93, cert. ef. 11-1-93
APD 9-1989, f. & ef. 7-7-89

Or. Admin. R. 437-002-0371 Scope and Application

29 CFR 1910.1025 applies to all occupational exposures to lead, except Construction (see 1926.62 in division 3, Construction).

NOTE: §1910.1025(a)(1) and (2) were not adopted. In Oregon, OAR 437-002-0371 applies.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-1994, f. & cert. ef. 9-30-94
OSHA 26-1990, f. & cert. ef. 11-16-90

Or. Admin. R. 437-002-0373 Oregon Rules for Thiram

(1) Scope and Application.

(a) These rules include requirements for the control of worker exposure to thiram (Tetramethyl- thiuram disulfide).

(b) These rules apply where worker exposure to thiram may occur during manufacture, storage, packaging, tree application, treated seedling handling, or use of thiram or thiram treated seedlings.

(c) These rules apply to the transportation of thiram or thiram treated trees except to the extent that the U. S. Department of Transportation may regulate the hazards covered by these rules.

(2) Definitions. The following definitions shall apply in the application of the thiram rules:

Clean — The absence of dirt or materials which may be harmful to a worker’s health.

Large Seedlings — Those seedlings of such size, either by length or breath, that during normal planting operations it is difficult to avoid contact of the thiram treated plant with the mouth or face.

(3) General Requirements. The following rules shall be applicable to thiram:

(a) Permissible Exposure Limits.

(A) No employee may be exposed to thiram at atmospheric concentrations greater than 0.15 mg/m3 over any 8-hour period; and

(B) No employee may be exposed to thiram at atmospheric concentrations greater than 0.30 mg/m3 averaged over any period not exceeding 15 minutes.

(C) Workers shall not be allowed to work more than five days in any seven day period with or around thiram or thiram treated seedlings.

(D) OAR 437-002-0373(3)(a)(C) above is not applicable if a specific thiram control program in addition to these rules and approved by the Administrator has been implemented.

(b) Washing and Worker Hygiene.

(A) Workers shall wash their hands prior to eating or smoking and at the close of work.

(B) Warm (at least 85°F, 29.4°C) wash water and single use hand wiping materials shall be provided for washing.

(D) Where warm water is not available within 15 minutes travel time, non-alcoholic based waterless hand cleaner shall also be provided.

(E) Every planter or nursery worker shall be advised to bathe or shower daily.

(F) The inside of crummies or other worker carrying vehicles shall be washed or vacuumed and wiped down at least weekly during the period of thiram use.

(A) Clothing shall be worn by workers to reduce skin contact with thiram to the legs, arms and torso.

(B) For those workers who have thiram skin irritations, exposed areas of the body shall be protected by a suitable barrier cream.

(D) Workers’ hands should be clean of thiram before placing them into gloves.

(E) Nursery applicators shall be provided with and use NIOSH approved respirators according to OAR 437, Division 2/I, 1910.134, Respiratory Protection, disposable coveralls or rubber slickers or other impervious clothing, rubberized boots, head covers and rubberized gloves.

(F) Reserved.

(G) Nursery workers other than applicators who may be exposed to thiram shall be provided with and use disposable coveralls or rubber slickers or other impervious clothing, impervious footwear and gloves, and head covers unless showers in accordance with OAR 437, Division 2/J, 1910.141, Sanitation, have been provided and are used.

(H) Eye protection according to OAR 437, Division 2/I, 437-002-0134(8), shall be provided and worn by workers who may be exposed to splashes of thiram such as during spraying, plug bundling, belt line grading and plugging or other operations.

(d) Respiratory Protection.

(A) Only certified respiratory protection which is applicable and approved by NIOSH shall be provided to workers.

(B) All respirators shall be used and maintained in accordance with OAR 437, Division 2/I, 1010.134, Respiratory Protection.

(C) Respirators shall be worn when planting large seedlings to avoid mouth and face contact with the thiram treated plant unless equally effective measures or planting practices have been taken.

(e) Food Handling.

(A) Food, snacks, beverages, smoking materials, or any other item which is consumed shall not be stored or consumed in the packing area of the nursery.

(B) Crummies or other worker carrying vehicles shall have a clean area for carrying lunches.

(C) The clean area of the vehicle shall be elevated from the floor and not used to carry other than food or other consumable items.

(D) The carrying of lunches, food or other consumable items in tree planting bags is prohibited.

(E) Care shall be taken to ensure that worker exposure to thiram spray, including downwind driftings, is minimized or eliminated.

(F) Workers shall stand upwind when bags that contained thiram or thiram treated seedlings are burned.

(f) Thiram Use and Handling.

(A) Nurseries shall develop a quality control program approved by the Administrator to ensure that only the minimum amount of thiram necessary to achieve the desired anti-browsing results is applied to the tree seedlings.

(B) Thiram treated seedlings shall be allowed to set between the time of spraying and packing.

(D) Floors where thiram is used shall not be dry swept but instead vacuumed, washed or otherwise cleaned at least daily.

(E) Silica chips used to cover seedling plugs shall be removed at the nursery.

(g) Labeling.

(A) In the event the Oregon Department of Agriculture, or the U.S. Environmental Protection Agency (EPA), has promulgated and maintained administrative rules relative to the labeling of thiram treated seedlings, such rules shall apply.

(B) In the event the Oregon State Department of Agriculture, or EPA, has not promulgated or maintained thiram labeling rules, there shall be attached to each container, bundle or wrapping of thiram treated seedlings, a clearly legible and visible tag or label, of waterproof material and printing, on which there is stated in English and Spanish the following:

CAUTION

These seedlings have been treated with an animal repellent containing Thiram (tetramethyl thiuram disulfide) which may flake off the seedlings during handling. Consumption of alcoholic beverages or use of alcohol-base creams or lotions during a time span from 12 hours before to 7 days after exposure to Thiram may result in nausea, headache, vomiting, fatigue, or flushness. Exposure to Thiram may also cause irritation of the eyes, nose, throat, or skin.

Thiram may interfere with or render ineffective medications taken by epileptics or heart patients with blood-clotting difficulties. Animal studies at very high concentrations (more than 250 mg-kg) indicate that Thiram may cause birth defects.

SAFETY PRECAUTIONS

Keep treated seedlings moist at all times.
Clothing shall be worn by workers to reduce skin contact with Thiram to the legs, arms and torso.
A fiber or cloth face mask (respirator) may be worn at the planter’s discretion, except that when plating large seedlings, respirators shall be required to avoid mouth and face contact with thiram treated plants, unless equally effective measures have been taken.
Wash exposed skin areas thoroughly after handling treated seedlings and before smoking, drinking, eating or going to the bathroom.
If Thiram flakes come in contact with eyes, immediately flush eyes freely with water.
Bathe daily and change work clothes at least every other day.

PRECAUCION

Estas plantas han sido tratadas con un replente contra animales que tiene la substacia Thiram (tetramethyl thiuram disulfide) que puede desaparecer en manoseo. La consuncion de bebidas alcoholicas o el uso de cremas o lociones con base de alcohol dentro de 12 horas antes de ser expuesto o hasta 7 dias despues de ser expuesto a Thiram puede resultar en sintomas de nausea, dolor de cabeza, vomito, faiga o rubor. Contacto con Thiram puede causar irritacion de los ojos, nariz, garganta o piel.

Thiram puede interferir o desv alidar en completa las medicinas de los epilepticos o personas con condiciones de la corazon con dificultades de coagulacion de la sangre. Estudios con animals en concentraciones muy altas (mnas que 250 mg-kg) indican que Thiram puede causar desformaciones fetales. Sin que cuando se sembra plantas de semillas grandes macaras estaran requerido a evitar contacto con la boca y la cara con plantas tratado con Thiram excepto cuando otros metodos igualmente efecaz estarah usados.

MEDIAS DE PRECAUTION

Guardar mojados las platas siempre.
El trabajador necesita usar ropa para reducir el contacto de Thiram con law piernas, brazos, y el torso.
Una mascara de fibre o garra (mascara) se puede usar a la discrecion del plantador.
Lavese bien los parten expuestos cuando trate los semillos antes de fumar, tomar, comer e ir al bano.
Se acaso el Thiram cae en sus ojos, imediatamente labese los ojos libremente con agua.
Banese todos los dias y cambiese de ropa de trabojo por lo menos cada otro dia.

(C) Other containers or thiram handling areas shall be signed and labeled in accordance with OAR 437, Division 2/J, General Environmental Controls, 1910.144 and 1910.145.

(h) Training.

(A) Each worker engaged in operations where exposure to thiram may occur shall be provided training relating to the hazards of thiram and precautions for its safe use and handling.

(B) The training shall be approved by the Administrator.

(i) The nature of the health hazard(s) from chronic exposure to thiram including specifically the potential for birth defects, alcohol intolerance, and drug interaction.

(ii) The specific nature of operations which could result in exposure to thiram and the necessary protective steps;

(iii) The purpose for, proper use, and limitations of protective devices including respirators and clothing;

(iv) The acute toxicity and skin irritation effects of thiram, and the necessary protective steps;

(v) The necessity for and requirements of excellent personal hygiene;

(vi) A review of the thiram rules at the worker’s first training and indoctrination, and annually thereafter.

(D) A copy of these thiram rules shall be provided to each worker who may be exposed to thiram.

NOTE: Former division 130, Thiram, has been redesignated, renumbered, and slightly amended as Oregon-initiated Rule 437-002-0373 to continue coverage not provided in federal standards.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2012, f. & cert. ef. 4-10-12
OSHA 12-1993, f. 8-20-93, cert. ef. 11-1-93
WCD 2-1978, f. & ef. 3-6-78
WCB 13-1977(Temp), f. & ef. 11-7-77

Or. Admin. R. 437-002-0376 Delayed Effective Dates for Hazard Communication

(1) Effective date. 29 CFR 1910.1200 as amended shall become effective July 1, 2026, in Oregon within Subdivision 2/Z.

(2) Substances

(a) Manufacturers, importers, and distributors, evaluating substances shall be in compliance with all modified provisions of Division 2/Z 1910.1200 no later than January 1, 2027.

(b) For substances, all employers shall, as necessary, update any alternative workplace labeling used under paragraph (f)(6) of Division 2/Z 1910.1200, update the hazard communication program required by paragraph (h)(1) of Division 2/Z 1910.1200, and provide any additional employee training in accordance with paragraph (h)(3) of Division 2/Z 1910.1200 for newly identified physical hazard, or health hazards or other hazards covered under Division 2/Z 1910.1200 no later than June 1, 2027.

(3) Mixtures

(a) Chemical manufacturers, importers, and distributors evaluating mixtures shall be in compliance with all modified provisions of Division 2/Z 1910.1200 no later than January 1, 2028.

(b) For mixtures, all employers shall, as necessary, update any alternative workplace labeling used under paragraph (f)(6) of Division 2/Z 1910.1200, update the hazard communication program required by paragraph (h)(1) of Division 2/Z 1910.1200, and provide any additional employee training in accordance with paragraph (h)(3) of Division 2/Z 1910.1200 for newly identified physical hazards, health hazards, or other hazards covered under Division 2/Z 1910.1200 no later than June 1, 2028.

(4) Compliance. Until the compliance dates in paragraphs (2) and (3) above, chemical manufacturers, importers, distributors, and employers may comply with either Division 2/Z 1910.1200 effective in Oregon as of July 1, 2026, or the current version of this standard, or both during the transition period.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2026, adopt filed 05/29/2026, effective 07/01/2026

Or. Admin. R. 437-002-0377 Additional Oregon Rules for Hazard Communication

(1) In addition to the provisions of 1910.1200(i)(11), the Oregon Occupational Safety and Health Division shall have the authority under ORS Chapter 654 to issue a subpoena or any protective orders.

(2) Agency actions under ORS Chapter 654 and these rules may be enforced by the issuance of additional citations and penalties pursuant to ORS 654.071(4), ORS 654.086(1)(d), or ORS 654.086(3). The Oregon Occupational Safety and Health Division may refer the matter to the Circuit Court in the county in which the proceedings are pending for enforcement of the subpoena.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2012, f. & cert. ef. 9-25-12
OSHA 12-1993, f. 8-20-93, cert. ef. 11-1-93
APD 1-1988, f. & cert. ef. 2-8-88
WCB 6-1984, f. 6-25-84, cert. ef. 11-25-85

Or. Admin. R. 437-002-0378 Oregon Rules for Pipe Labeling

(1) Scope and Application. This division shall apply to all piping systems containing hazardous substances or that use asbestos as a pipe insulation material in buildings, structures and workplaces. This division does not apply to buried piping.

(2) Definitions.

(a) Hazardous substances: any substance which is a physical or health hazard.

(b) Health hazard: A chemical which is classified as posing one of the following hazardous effects: acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); or aspiration hazard. The criteria for determining whether a chemical is classified as a health hazard are detailed in Appendix A to 1910.1200 - Health Hazard Criteria.

(c) Physical hazard: A chemical that is classified as posing one of the following hazardous effects: explosive; flammable (gases, liquids, or solids); aerosols; chemical under pressure; oxidizer (gases, liquids, or solids); self-reactive; pyrophoric (liquid or solid); self-heating; organic peroxide; corrosive to metal; gas under pressure; in contact with water emits flammable gas; or desensitized explosive. The criteria for determining whether a chemical is classified as a physical hazard are detailed in Appendix B to 1910.1200.

(d) Piping system: includes pipes, single or multiple, of any kind and, in addition, valves and pipe coverings.

(e) Pipes: conduits for the transport of gases, liquids, semi-liquids or fine particulate dusts.

(3) Purpose. The purpose of this division is to prescribe minimum labeling requirements for all piping systems which contain hazardous substances, transport substances in a hazardous state, or which use asbestos as a pipe insulation material.

(4) Labeling.

(a) Pipes and piping systems which contain hazardous substances or transport substances in a hazardous state shall be labeled in accordance with subsections (A), (B), (C) and (D) or other- wise identified in accordance with subsection (c) of this rule:

(A) Positive identification of the hazardous contents of a piping system shall be by lettered labels. The label shall give the name of the contents in full or abbreviated form.

(B) Contents shall be identified by labeling with sufficient detail to identify the hazard.

(D) Labeling shall be accomplished by stenciling, the use of tape, adhesives, markers or approved alternative means.

(b) Pipes or piping systems which use asbestos as a pipe insulation material shall be labeled in accordance with the following language, or otherwise identified in accordance with subsection (c) below. The label for pipe insulation containing asbestos shall include the following: DANGER CONTAINS ASBESTOS FIBERS MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS DO NOT BREATHE DUST AVOID CREATING DUST

(c) The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixing labels to individual pipes, as long as the alternative method identifies the pipe(s) to which it is applicable and conveys the information required by this rule. The written materials shall be readily accessible to the employees in their work areas during each shift. (OAR 437, Division 2/Z, Hazard Communication, 1910.1200.)

(5) Location of Labeling.

(a) Labeling shall be applied where confusion may occur, such as close to valves or flanges and adjacent to changes in direction, branches and where pipes pass through walls, floors or ceilings.

(b) Labeling shall be applied, at a minimum, at the beginning and end of continuous pipe runs.

(c) For asbestos insulation, labeling shall be at a minimum, on unobstructed continuous pipe runs, every 75 feet. [Insert Illustration 1.]

(6) Visibility.

(a) Where pipes are located above or below the normal line of vision, the lettering shall be placed below or above the horizontal centerline of the pipe.

(b) Where pipes are inaccessible and/or at a distance which precludes clear identification of the letters on labeling, alternatives to the labeling which meet all other requirements of this rule may be used (i.e., schematics posted on walls in work areas). Appendix A for Pipe Labeling (Non-Mandatory).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2026, amend filed 05/29/2026, effective 07/01/2026
OSHA 5-2012, f. & cert. ef. 9-25-12
OSHA 12-1993, f. 6-20-93, cert. ef. 11-1-93, Renumbered from 437-153-004-0025
WCD 8-1986, f. 9-4-86, cert. ef. 10-1-87

Or. Admin. R. 437-002-0382 Oregon Rules for Air Contaminants

An employee’s exposure to any substance listed in Oregon Tables Z-1, Z-2, or Z-3 of this section shall be limited in accordance with the requirements of the following paragraphs of this section.

(1) Oregon Table Z-1.

(a) Substances with limits preceded by “C” – Ceiling Values. An employee’s expo- sure to any substance in Oregon Table Z-1, the exposure limit of which is preceded by a “C”, shall at no time exceed the exposure limit given for that substance. If instantaneous monitoring is not feasible, then the ceiling shall be assessed as a 15-minute time weighted average exposure which shall not be exceeded at any time during the working day.

(b) Other substances – 8-hour Time Weighted Averages. An employee’s exposure to any substance in Oregon Table Z-1, the exposure limit of which is not preceded by a “C”, shall not exceed the 8-hour Time Weighted Average given for that substance in any 8-hour work shift of a 40-hour work week.

(c) Other Substances – Excursion Limits. Excursions in worker exposure levels may exceed 3 times the PEL-TWA for no more than a total of 30 minutes during a workday, and under no circumstances should they exceed 5 times the PEL-TWA, provided that the PEL-TWA is not exceeded.

(d) Skin Designation. To prevent or reduce skin absorption, an employee’s skin exposure to substances listed in Oregon Table Z-1 with an “X” in the Skin Designation column following the substance name shall be prevented or reduced to the extent necessary in the circumstances through the use of gloves, coveralls, goggles, or other appropriate personal protective equipment, engineering controls or work practices.

(2) Oregon Table Z-2. An employee’s exposure to any substance listed in Oregon Table Z‑2 shall not exceed the exposure limits specified as follows:

(a) 8-hour time weighted averages. An employee’s exposure to any substance listed in Oregon Table Z-2, in any 8-hour work shift of a 40-hour work week, shall not exceed the 8-hour time weighted average limit given for that substance in Oregon Table Z-2.

(b) Acceptable ceiling concentrations. An employee’s exposure to a substance listed in Oregon Table Z-2 shall not exceed the acceptable ceiling concentration for the given substance in the table at any time during an 8-hour shift except: Acceptable maximum peak above the acceptable ceiling concentration for an 8-hour shift. An employee’s exposure to a substance listed in Oregon Table Z-2 shall not exceed the acceptable maximum peak above the acceptable ceiling concentration, and shall not exceed the maximum duration for the given substance during an 8-hour shift.

(c) Example. During an 8-hour work shift, an employee exposed to benzene may be exposed to an 8‑hour time weighted average (TWA) of 10 ppm. Concentrations of benzene during the 8-hour work shift may not exceed 25 ppm, unless that exposure is no more than 50 ppm and does not exceed 10 minutes during an 8-hour work shift. Such exposures must be compensated by exposures to concentrations below 10 ppm so that the 8-hour time-weighted average is less than 10 ppm.

(d) Skin Designation. To prevent or reduce skin absorption, an employee’s skin exposure to substances listed in Oregon Table Z-2 with an “X” in the Skin Designation column following the substance name shall be prevented or reduced to the extent necessary in the circumstances through the use of gloves, coveralls, goggles, or other appropriate personal protective equipment, engineering controls or work practices.

(3) Oregon Table Z-3. An employee’s exposure to any substance listed in Oregon Table Z‑3, in any 8-hour work shift of a 40-hour work week, shall not exceed the 8-hour time weighted average limit given for that substance in the table.

(4) Computation formulae. The computation formula which shall apply to employee exposure to more than one substance for which 8-hour time weighted averages are included in OAR 437, Division 2/Z, Toxic and Hazardous Substances, in order to determine whether an employee is exposed over the regulatory limit is as follows:

(a) Cumulative exposures.

(A) The cumulative exposure for an 8-hour work shift shall be computed as follows:

(B) To illustrate the formula prescribed in paragraph (4)(a)(i) of this section, assume that Substance A has an 8-hour time weighted average limit of 100 ppm (Oregon Table Z-1). Assume that an employee is subject to the following exposure:

(b) Mixtures.

(A) In case of a mixture of air contaminants an employer shall compute the equivalent exposure as follows:

(B) To illustrate the formula prescribed in paragraph (4)(b)(i) of this section, consider the following exposures:

(5) To achieve compliance with paragraphs (1) through (4) of this section, administrative or engineering controls must first be determined and implemented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or any other protective measures shall be used to keep the exposure of employees to air contaminants within the limits prescribed in this section. Any equipment and/or technical measures used for this purpose must be approved for each particular use by a competent industrial hygienist or other technically qualified person. Whenever respirators are used, their use shall comply with 1910.134.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18
OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18
OSHA 6-2008, f. 5-13-08, cert. ef. 7-1-08
OSHA 6-2006, f. & cert. ef. 8-30-06
OSHA 4-2001, f. & cert. ef. 2-5-01
OSHA 6-1997, f. & cert. ef. 5-2-97
OSHA 5-1997, f. & cert. ef. 4-22-97
OSHA 6-1994, f. & cert. ef. 9-30-94
OSHA 17-1993, f. & cert. ef. 11-15-93

Or. Admin. R. 437-002-0390 Oregon Effective Dates

(1) The effective date for 29 CFR 1910.1450 in Oregon is August 8, 1990.

(2) Start up dates in Oregon:

(a) Employers shall have developed and implemented a written Chemical Hygiene Plan no later than May 8, 1991;

(b) 29 CFR 1910.1450(a)(2) shall not take effect until the employer has developed and implemented a written Chemical Hygiene Plan.

NOTE: The Oregon-initiated rule is adopted in place of 1910.1450(k).

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 9-1990, f. 5-8-90, ef. 8-8-90

Or. Admin. R. 437-002-0391 Additional Oregon Rules for Carcinogens in Laboratories

(1) Definitions. “Absolute filter” is one capable of retaining 99.97 percent of a monodisperse aerosol of 0.3 µm particles. For the purposes of OAR 437-002-0391, “carcinogen” is defined as the substances regulated by 29 CFR 1910.1003, 1910.1004, 1910.1006, 1910.1007, 1910.1008, 1910.1009, 1910.1010, 1910.1011, 1910.1012, 1910.1013, 1910.1014, 1910.1015, 1910.1016 and OAR 437-002-0364.

(2) Laboratory activities. The requirements of this section shall apply to research and quality control activities involving the use of a carcinogen.

(a) Mechanical pipetting aids shall be used for all pipetting procedures.

(b) Experiments, procedures and equipment which could produce aerosols shall be confined to laboratory-type hoods or glove boxes.

(d) Contaminated wastes and animal carcasses shall be collected in impervious containers which are closed and decontaminated prior to removal from the work area. Such wastes and carcasses shall be incinerated in such a manner that no carcinogenic products are released.

(e) All other forms of a carcinogen shall be inactivated prior to disposal.

(f) Laboratory vacuum systems shall be protected with disposable absolute filters. Exhaust systems containing such filters shall be provided with suitable ports or openings to enable determination of whether the filter in its operating location, does meet the efficiency requirements defined in OAR 437-002-0391(1). Determination of filter efficiency shall be by measurement, with a forward light scattering photometer, of passage of a polydisperse dioctyl phthalate aerosol.

(g) Employees engaged in animal support activities shall be:

(A) Provided with, and required to wear, a complete protective clothing change, clean each day, including coveralls or pants and shirt, foot covers, head covers, gloves, and appropriate respiratory protective equipment or devices; and

(B) Required to remove and leave protective clothing and equipment at the point of exit prior to each exit from a regulated area and at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for purposes of decontamination or disposal. The contents of such impervious containers must display the following warning:

DANGER

CONTAMINATED

MAY CAUSE CANCER

(C) Required to wash hands, forearms, face and neck upon each exit from the regulated area close to the point of exit, and before engaging in other activities; and

(D) Required to shower after the last exit of the day.

(h) Employees, other than those engaged only in animal support activities, each day shall be:

(A) Provided with and required to wear a clean change of appropriate laboratory clothing, such as a solid front gown, surgical scrub suit, or full buttoned laboratory coat.

DANGER

CONTAMINATED

MAY CAUSE CANCER

(C) Required to wash hands, forearms, face and neck upon each exit from the regulated area close to the point of exit, and before engaging in other activities.

(i) Air pressure in laboratory areas and animal rooms where a carcinogen is handled and bio- assay studies are performed shall be negative in relation to the pressure in surrounding areas. Exhaust air shall not be discharged to regulated areas, non-regulated areas or the external environment unless decontaminated.

(j) There shall be no connection between regulated areas and any other areas through the ventilation system.

(k) A current inventory of carcinogens shall be maintained.

(l) Ventilated apparatus such as laboratory type hoods, shall be tested at least semi-annually or immediately after ventilation modification or maintenance operations, by personnel fully qualified to certify correct containment and operation.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2012, f. & cert. ef. 9-25-12
OSHA 12-1993, f. 6-20-93, cert. ef. 11-1-93
WCB 3-1975, f. 10-6-75, ef. 11-1-75

Or. Admin. R. 437-002-1001 Asbestos Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d)(except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1001 Asbestos, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Asbestos rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-002-1017 Vinyl Chloride Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii), and (d)(3)(iii)(B)(1) and (2)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1017, Vinyl Chloride, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Vinyl Chloride rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-002-1018 Inorganic Arsenic Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1018 Inorganic Arsenic, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Inorganic Arsenic rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-002-1025 Lead Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1025 Lead, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Lead rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-002-1027 Cadmium Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1027 Cadmium, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Cadmium rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-002-1028 Benzene Respiratory Protection Program

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Benzene rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-002-1029 Coke Oven Emissions Respiratory Protection Program

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Coke Oven Emissions rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-002-1030 Additional Oregon Rules for Bloodborne Pathogens

Every employer with employees that use medical sharps in direct patient care must, at least annually, identify, evaluate, and select engineering and work practice controls, including safer medical devices.

(1) This evaluation must involve non-managerial front-line employees responsible for direct patient care.

(2) This evaluation must be done on a facility-by-facility basis. When a facility has multiple departments with specific equipment and/or work practice concerns, the evaluation must involve employees from those departments.

(3) After a device is evaluated and selected, the employer must make a decision on implementing that device.

(a) If a device is not purchased because of employer or employee concerns, those concerns must be documented. However, if the employer does not purchase a device that had employee support, the employer must also document the employee support, as well as the justification for not purchasing that device.

(b) If a device is purchased without the consent of the employees who evaluated it, the employer must document the employees’ concerns, as well as the employers’ justification for purchasing that device.

(4) The employer must ensure that all affected employees are informed on the process for selecting safer medical devices.

(5) Employees must be trained in the use of safer medical devices before the employees use those devices.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 10-2001, f. 9-14-01, cert. ef. 10-18-01

Or. Admin. R. 437-002-1035 Oregon Rule for Sharps Injury Log

The requirement to establish and maintain a sharps injury log applies to any employer who is required to maintain an Exposure Control Plan. The sharps injury log must be maintained for 5 years.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 10-2001, f. 9-14-01, cert. ef. 10-18-01

Or. Admin. R. 437-002-1043 Cotton Dust Respiratory Protection Program

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Cotton Dust rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-002-1044 1,2-Dibromo-3-Chloropropane Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1044 1,2-Dibromo-3-Chloropropane, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these 1,2-Dibromo-3-Chloropropane rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-002-1045 Acrylonitrile Respiratory Protection Program

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Acrylonitrile rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-002-1047 Ethylene Oxide Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1047 Ethylene Oxide, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Ethylene Oxide rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-002-1048 Formaldehyde Respiratory Protection Program

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Formaldehyde rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-002-1050 Methylenedianiline Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1050 Methylenedianiline, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Methylenedianiline rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-002-1051 1,3-Butadiene Respiratory Protection Program

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these 1,3-Butadiene rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-002-1052 Methylene Chloride Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1052 Methylene Chloride, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Methylene Chloride rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-002-1053 Scope and Application

This subdivision applies to all occupational exposures to respirable crystalline silica in general industry and construction activities, except for the following:

(1) Exposures that result from the processing of sorptive clays.

(2) Operations where objective data demonstrates that employee exposures to respirable crystalline silica will remain below 25 micrograms per cubic meter of air (25 µg/m3) as an 8-hour time-weighted average (TWA) under any foreseeable conditions.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001- 654.295
OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18

Or. Admin. R. 437-002-1054 Definitions

For the purposes of this subdivision the following definitions apply:

(1) Action level means a concentration of airborne respirable crystalline silica of 25 μg/m3, calculated as an 8-hour TWA.

(2) Competent person means an individual who is capable of identifying existing and foreseeable respirable crystalline silica hazards in the workplace and who has authorization to take prompt corrective measures to eliminate or minimize them. The competent person must have the knowledge and ability necessary to fulfill the responsibilities set forth in this subdivision.

(3) Employee exposure means the exposure to airborne respirable crystalline silica that would occur if the employee were not using a respirator.

(4) High-efficiency particulate air (HEPA) filter means a filter that is at least 99.97 percent efficient in removing monodispersed particles of 0.3 micrometers in diameter.

(5) Objective data means information, such as air monitoring data from industry-wide surveys or calculations based on the composition of a substance, demonstrating employee exposure to respirable crystalline silica associated with a particular product or material or a specific process, task, or activity. The data must reflect workplace conditions closely resembling or with a higher exposure potential than the processes, types of material, control methods, work practices, and environmental conditions in the employer’s current operations.

(6) Permissible exposure limit (PEL) means a concentration of airborne respirable crystalline silica of 50 μg/m3, calculated as an 8-hour TWA.

(7) Physician or other licensed health care professional (PLHCP) means an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently provide or be delegated the responsibility to provide some or all of the particular health care services required by 437-002-1062.

(8) Regulated area means an area, demarcated by the employer, where an employee’s exposure to airborne concentrations of respirable crystalline silica exceeds, or can reasonably be expected to exceed, the PEL.

(9) Respirable crystalline silica means quartz, cristobalite, and/or tridymite contained in airborne particles that are determined to be respirable by a sampling device designed to meet the characteristics for respirable-particle size-selective samplers specified in the International Organization for Standardization (ISO) 7708:1995: Air Quality — Particle Size Fraction Definitions for Health-Related Sampling.

(10) Specialist means an American Board Certified Specialist in Pulmonary Disease or an American Board Certified Specialist in Occupational Medicine.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001- 654.295
OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18

Or. Admin. R. 437-002-1055 Permissible Exposure Limit (PEL)

Ensure that no employee is exposed to an airborne concentration of respirable crystalline silica in excess of 50 μg/m3, calculated as an 8-hour time-weighted average (TWA).

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001- 654.295
OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18

Or. Admin. R. 437-002-1056 Exposure Assessment

This rule requires an evaluation of employee exposure to silica using air monitoring or objective data as described in the performance or scheduled monitoring options.

(1) Except for the specific conditions allowed for in 437-002-1057, assess the exposure of each employee who is or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (2) or the scheduled monitoring option in paragraph (3).

(2) Performance option. Assess the 8-hour TWA exposure for each employee on the basis of any combination of air monitoring data or objective data sufficient to accurately characterize employee exposures to respirable crystalline silica.

(3) Scheduled monitoring option.

(a) Perform initial monitoring to assess the 8-hour TWA exposure for each employee on the basis of one or more personal breathing zone air samples that reflect the exposures of employees on each shift, for each job classification, in each work area. Where several employees perform the same tasks on the same shift and in the same work area, you may sample a representative fraction of these employees in order to meet this requirement. In representative sampling, sample the employee(s) who are expected to have the highest exposure to respirable crystalline silica.

(b) If initial monitoring indicates that employee exposures are below the action level, you may discontinue monitoring for those employees whose exposures are represented by such monitoring.

(c) Where the most recent exposure monitoring indicates that employee exposures are at or above the action level but at or below the PEL, repeat such monitoring within six months of the most recent monitoring.

(d) Where the most recent exposure monitoring indicates that employee exposures are above the PEL, repeat such monitoring within three months of the most recent monitoring.

(e) Where the most recent (non-initial) exposure monitoring indicates that employee exposures are below the action level, repeat such monitoring within six months of the most recent monitoring until two consecutive measurements, taken 7 or more days apart, are below the action level, at which time you may discontinue monitoring for those employees whose exposures are represented by such monitoring, except as otherwise provided in paragraph (4).

(4) Reassessment of exposures. Reassess exposures whenever a change in the production, process, control equipment, personnel, or work practices may reasonably be expected to result in new or additional exposures at or above the action level, or when there is any reason to believe that new or additional exposures at or above the action level have occurred.

(5) Methods of sample analysis. Ensure that all samples taken to satisfy the monitoring requirements of this rule are evaluated by a laboratory that analyzes air samples for respirable crystalline silica in accordance with the procedures in Appendix A to this rule.

(6) Employee notification of assessment results.

(a) Individually notify each affected employee in writing of the results of that assessment or post the results in an appropriate location accessible to all affected employees in accordance with the following:

(A) Construction employers with a NAICS code of 23 must notify affected employees within 5 working days after receiving any results an exposure assessment in accordance with this rule.

(B) All other employers must notify affected employees within 15 working days after receiving any results of an exposure assessment in accordance with this rule.

(b) Whenever an exposure assessment indicates that employee exposure is above the PEL, describe in the written notification the corrective action being taken to reduce employee exposure to or below the PEL.

(7) Observation of monitoring.

(a) Where air monitoring is performed to comply with the requirements of this rule, provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to respirable crystalline silica.

(b) When observation of monitoring requires entry into an area where the use of protective clothing or equipment is required for any workplace hazard, provide the observer with protective clothing and equipment at no cost and ensure that the observer uses such clothing and equipment. Appendix.

[ED. NOTE: Appendix referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18

Or. Admin. R. 437-002-1057 Specified exposure control methods

This rule lists specific tasks and control measures that do not require an exposure assessment and is only applicable to construction and construction like-activities.

(1) Fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, unless you assess and limit the exposure of employees to respirable crystalline silica in accordance with 437-002-1056.

(a) When construction employees engage in a task identified on Table 1 of this rule, the exposure assessment in 437-002-1056 is not required when the engineering controls, work practices, and respiratory protection specified are fully and properly implemented for the tasks listed on Table 1 of this rule.

(b) The exposure assessment required by 437-002-1056 is not required when non-construction employees, such as building maintenance personnel, engage in a construction-like task, which when performed:

(A) Is indistinguishable from a construction task listed on Table 1; and

(B) The task will not be performed regularly in the same environment and condition; and

(C) The engineering controls, work practices, and respiratory protection specified are fully and properly implemented for the task on Table 1 of this rule.

(2) When using wet methods, apply water at flow rates sufficient to minimize the release of visible dust.

(3) For measures that include an enclosed cab or booth, ensure that the enclosed cab or booth:

(a) Is maintained as free as practicable from settled dust;

(b) Has door seals and closing mechanisms that work properly;

(d) Is under positive pressure maintained through continuous delivery of fresh air;

(e) Has intake air that is filtered through a filter that is 95% efficient in the 0.3-10.0 µm range (e.g., MERV-16 or better); and

(f) Has heating and cooling capabilities.

(4) Where an employee performs more than one task in Table 1 during the course of a shift, and the total duration of all tasks combined is more than four hours, the required respiratory protection for each task is the respiratory protection specified for more than four hours per shift. If the total duration of all tasks in Table 1 combined is less than four hours, the required respiratory protection for each task is the respiratory protection specified for less than four hours per shift.

[ED. NOTE: Tables referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001- 654.295
OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18

Or. Admin. R. 437-002-1058 Regulated and Restricted Access Areas

This rule applies to fixed site regulated areas and restricted access areas for construction activities.

(1) Regulated areas at fixed sites.

(a) Establishment. Establish a regulated area wherever an employee’s exposure to airborne concentrations of respirable crystalline silica is, or can reasonably be expected to be, in excess of the PEL.

(b) Demarcation. Demarcate regulated areas from the rest of the workplace in a manner that minimizes the number of employees exposed to respirable crystalline silica within the regulated area. Post signs at all entrances to regulated areas that bear the following legend.

DANGER

RESPIRABLE CRYSTALLINE SILICA

MAY CAUSE CANCER

CAUSES DAMAGE TO LUNGS

WEAR RESPIRATORY PROTECTION IN THIS AREA

AUTHORIZED PERSONNEL ONLY

(A) Persons authorized by the employer and required by work duties to be present in the regulated area;

(B) Any person entering such an area as a designated representative of employees for the purpose of exercising the right to observe monitoring procedures under 437-002-1056; and

(C) Any person authorized by the Occupational Safety and Health Act or regulations issued under it to be in a regulated area.

(d) Provision of respirators. Provide each employee and the employee’s designated representative entering a regulated area with an appropriate respirator in accordance with 437-002-1060 and require each employee and the employee’s designated representative use the respirator while in a regulated area.

(2) Restricted access for construction activities. For employers engaged in construction activities or using the specific exposure control methods in 437-002-1057;

(a) Written procedures. Develop and implement written procedures to restrict access to work areas, when necessary, to minimize the number of employees exposed to respirable crystalline silica and their level of exposure, including exposures generated by other employers or sole proprietors. Procedures must be part of the written exposure control plan required by 437-002-1059(2).

(b) Competent person. Designate a competent person to ensure the procedures are followed.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001- 654.295
OSHA 3-2018, minor correction filed 07/02/2018, effective 07/02/2018
OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18

Or. Admin. R. 437-002-1059 Methods of Compliance

This rule describes the engineering and work practice controls you must use.

(1) Engineering and work practice controls. Use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL, unless the employer can demonstrate that such controls are not feasible. Wherever such feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, use them to reduce employee exposure to the lowest feasible level and supplement them with the use of respiratory protection that complies with the requirements of this subdivision.

(2) Establish and implement a written exposure control plan that contains at least the following elements:

(a) A description of the tasks in the workplace that involve exposure to respirable crystalline silica;

(b) A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; and

(d) Review and evaluate the effectiveness of the written exposure control plan at least annually and update it as necessary.

(e) For employees engaged in construction activity or using the specified exposure control methods allowed in 437-002-1057, designate a competent person to make frequent and regular inspections of job sites, materials, and equipment to implement the written exposure control plan.

(f) Make the written exposure control plan readily available for examination and copying, upon request, to each employee covered by this subdivision, their designated representatives, the Director of the Oregon Department of Consumer and Business Services, or designee, and the Director of the National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or designee.

(3) Abrasive blasting. In addition to the requirements of 437-002-1058(1), comply with other Oregon OSHA standards, when applicable, such as 1910.94 (Ventilation) or 1926.57 (Ventilation) where abrasive blasting is conducted using crystalline silica containing blasting agents, or where abrasive blasting is conducted on substrates that contain crystalline silica.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001- 654.295
OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18

Or. Admin. R. 437-002-1060 Respiratory Protection

This rule applies to all respirator use.

(1) General. Where respiratory protection is required by this subdivision, provide each employee an appropriate respirator that complies with the requirements of this rule and 1910.134. Respiratory protection is required:

(a) Where exposures exceed the PEL during periods necessary to install or implement feasible engineering and work practice controls;

(b) Where exposures exceed the PEL during tasks, such as certain maintenance and repair tasks, for which engineering and work practice controls are not feasible;

(c) During tasks for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL;

(d) When specified by an exposure control method in Table 1, as allowed for in 437-002-1057;

(e) During periods when the employee is in a regulated area.

(2) Where respirator use is required by this rule, institute a respiratory protection program in accordance with 1910.134.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001- 654.295
OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18

Or. Admin. R. 437-002-1061 Housekeeping

This rule covers housekeeping requirements for all employers covered under the silica rule scope, 437-002-1053.

(1) Do not allow dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica unless wet sweeping, HEPA-filtered vacuuming or other methods that minimize the likelihood of exposure are not feasible.

(2) Do not allow compressed air to be used to clean clothing or surfaces where such activity could contribute to employee exposure to respirable crystalline silica unless:

(a) The compressed air is used in conjunction with a ventilation system that effectively captures the dust cloud created by the compressed air; or

(b) No alternative method is feasible.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001- 654.295
OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18

Or. Admin. R. 437-002-1062 Medical Surveillance

This rule describes the medical monitoring requirements of this subdivision.

(1) Make medical surveillance available to each employee who:

(a) Is engaged in construction (or construction-like) activity and will be required under this subdivision to use a respirator for 30 or more days per year.

(b) Is not engaged in construction activity and will be occupationally exposed to respirable crystalline silica at or above the permissible exposure limit for 30 or more days per year. This requirement, in accordance with 437-002-1065, is applicable between July 1, 2018 and June 30, 2020.

(c) Is not engaged in construction activity and will be occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year. This requirement, in accordance with 437-002-1065, is applicable as of July 1, 2020.

NOTE: The medical evaluation requirements of the respiratory protection rule, 1910.134, still apply for employees wearing respiratory protection.

(2) Medical surveillance must be provided at no cost to the employee and at a reasonable time and place.

(3) Ensure that all medical examinations and procedures required by this rule are performed by a PLHCP as defined in 437-002-1054.

(4) Make an initial (baseline) medical examination available within 30 days after initial assignment, unless the employee has received a medical examination that meets the requirements of this rule within the last three years. The examination must consist of:

(a) A medical and work history, with emphasis on: Past, present, and anticipated exposure to respirable crystalline silica, dust, and other agents affecting the respiratory system; any history of respiratory system dysfunction, including signs and symptoms of respiratory disease (e.g., shortness of breath, cough, wheezing); history of tuberculosis; and smoking status and history;

(b) A physical examination with special emphasis on the respiratory system;

(c) A chest X-ray (a single posteroanterior radiographic projection or radiograph of the chest at full inspiration recorded on either film (no less than 14 x 17 inches and no more than 16 x 17 inches) or digital radiography systems), interpreted and classified according to the International Labour Office (ILO) International Classification of Radiographs of Pneumoconioses by a NIOSH-certified B Reader;

(d) A pulmonary function test to include forced vital capacity (FVC) and forced expiratory volume in one second (FEV1) and FEV1/FVC ratio, administered by a spirometry technician with a current certificate from a NIOSH approved spirometry course;

(e) Testing for latent tuberculosis infection; and

(f) Any other tests deemed appropriate by the PLHCP.

(5) Make medical examinations available that include the procedures described in 437-002-1062(4) (except 437-002-1062(4)(e)) at least every three years, or more frequently if recommended by the PLHCP.

(6) Ensure that the examining PLHCP has a copy of this rule, and provide the PLHCP with the following information:

(a) A description of the employee’s former, current, and anticipated duties as they relate to the employee’s occupational exposure to respirable crystalline silica;

(b) The employee’s former, current, and anticipated levels of occupational exposure to respirable crystalline silica;

(c) A description of any personal protective equipment used or to be used by the employee, including when and for how long the employee has used or will use that equipment; and

(d) Information from records of employment-related medical examinations previously provided to the employee and currently within the control of the employer.

(7) Ensure that the PLHCP explains to the employee the results of the medical examination and provides each employee with a written medical report within 30 days of each medical examination performed. Ensure the written report contains:

(a) A statement indicating the results of the medical examination, including any medical condition(s) that would place the employee at increased risk of material impairment to health from exposure to respirable crystalline silica and any medical conditions that require further evaluation or treatment;

(b) Any recommended limitations on the employee’s use of respirators;

(d) A statement that the employee should be examined by a specialist (pursuant to 437-002-1062(9)) if the chest X-ray provided in accordance with this rule is classified as 1/0 or higher by the B Reader, or if referral to a specialist is otherwise deemed appropriate by the PLHCP.

(8) Obtain a written medical opinion from the PLHCP within 30 days of the medical examination. The written opinion must contain only the following:

(a) The date of the examination;

(b) A statement that the examination has met the requirements of this rule; and

(9) If the employee provides written authorization, the written opinion must also contain either or both of the following:

(a) Any recommended limitations on the employee’s exposure to respirable crystalline silica;

(b) A statement that the employee should be examined by a specialist (pursuant to 437-002-1062(11)) if the chest X-ray provided in accordance with this rule is classified as 1/0 or higher by the B Reader, or if referral to a specialist is otherwise deemed appropriate by the PLHCP.

(10) Ensure that each employee receives a copy of the written medical opinion within 30 days of each medical examination performed.

(11) If the PLHCP’s written medical opinion indicates that an employee should be examined by a specialist, make a medical examination by a specialist available within 30 days after receiving the PLHCP’s written opinion.

(a) Ensure that the examining specialist is provided with all of the information that the employer is obligated to provide to the PLHCP in accordance with this rule.

(b) Ensure that the specialist explains to the employee the results of the medical examination and provides each employee with a written medical report within 30 days of the examination. The written report must meet the requirements this rule.

(c) Obtain a written opinion from the specialist within 30 days of the medical examination. The written opinion must meet the requirements of this rule.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001- 654.295
OSHA 4-2018, amend filed 07/05/2018, effective 07/13/2018
OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18

Or. Admin. R. 437-002-1063 Communication of Respirable Crystalline Silica Hazards to Employees

(1) Include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (OAR 437-002-1910.1200). Ensure that each employee has access to labels on containers of crystalline silica and safety data sheets, and is trained in accordance with the provisions of HCS and this subdivision. Ensure that at least the following hazards are addressed:

(a) Cancer

(b) Lung effects

(d) Kidney effects

(2) Ensure that each employee covered by this subdivision can demonstrate knowledge and understanding of at least the following:

(a) The health hazards associated with exposure to respirable crystalline silica;

(b) Specific tasks in the workplace that could result in exposure to respirable crystalline silica;

(c) Specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used;

(d) The contents of this subdivision;

(e) The purpose and a description of the medical surveillance program required by 437-002-1062; and

(f) When a competent person is required, the identity of the designated competent person.

(3) Make a copy of 437-002-1053 through 437-002-1065 readily available without cost to each employee covered by these rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001- 654.295
OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18

Or. Admin. R. 437-002-1064 Recordkeeping

(1) Air monitoring data.

(a) Make and maintain an accurate record of all exposure measurements taken to assess employee exposure to respirable crystalline silica, as prescribed in 437-002-1056.

(b) This record must include at least the following information:

(A) The date of measurement for each sample taken;

(B) The task monitored;

(D) Number, duration, and results of samples taken;

(E) Identity of the laboratory that performed the analysis;

(F) Type of personal protective equipment, such as respirators, worn by the employees monitored; and

(G) Name and job classification of all employees represented by the monitoring, indicating which employees were actually monitored.

(2) Objective data.

(a) Make and maintain an accurate record of all objective data relied upon to comply with the requirements of this subdivision.

(b) This record must include at least the following information:

(A) The crystalline silica-containing material in question;

(B) The source of the objective data;

(D) A description of the process, task, or activity on which the objective data were based; and

(E) Other data relevant to the process, task, activity, material, or exposures on which the objective data were based.

(3) Medical surveillance.

(a) Make and maintain an accurate record for each employee covered by medical surveillance under 437-002-1062.

(b) The record must include the following information about the employee:

(A) Name;

(B) A copy of the PLHCPs’ and specialists’ written medical opinions;

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001- 654.295
OSHA 3-2019, amend filed 10/29/2019, effective 10/29/2019
OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18

Or. Admin. R. 437-002-1065 Dates

(1) Construction employers with a NAICS code of 23 must comply with Division 2/Z Silica by July 1, 2018.

(2) All other employers must comply with Division 2/Z Silica by July 1, 2018, except as provided for below:

(a) For all employees exposed to respirable crystalline silica above the PEL for 30 days or more per year, you must comply with the medical surveillance requirements in 437-002-1062 by July 1, 2018.

(b) For all employees exposed to respirable crystalline silica above the action level for 30 or more days per year, you must comply with the medical surveillance requirements in 437-002-1062 by July 1, 2020.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001- 654.295
OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18

Or. Admin. R. 437-002-1081 Protection from Wildfire Smoke

(1) Scope and application. This standard applies to public and private sector employers whose employees are or will be exposed to wildfire smoke where the ambient air concentration for fine particulate matter (PM2.5) is at or above 35.5 µg/m3 (Air Quality Index value of 101 for PM2.5).

(a) The following workplaces and operations are exempt from this standard:

(A) Enclosed buildings and structures in which the air is filtered by a mechanical ventilation system and the employer ensures that windows, doors, bays, and other exterior openings are kept closed, except when it is necessary to briefly open doors to enter or exit;

(B) Enclosed vehicles in which the air is filtered by a properly maintained cabin air filter system, and when the windows, doors, and other exterior openings are kept closed, except when it is necessary to briefly open doors to enter or exit. Buses, light rails, and other enclosed vehicles used for public transit systems where doors are frequently opened to board and deboard passengers are not included under this exemption;

(C) When the employer predetermines that operations will be suspended to prevent employee exposure to wildfire smoke at an ambient air concentration for PM2.5 of 35.5 µg/m3 (AQI 101) or higher; and

(D) Employees working at home.

(b) The following workplaces and operations are only subject to subsections (4)(a) through (4)(g) “information and training,” and subsection (7)(b) “voluntary use of filtering facepiece respirators” under this standard:

(A) Wildland firefighting and associated support activities such as fire camp services and fire management;

(B) Emergency operations that are directly involved in the protection of life or property, public safety power shutoffs, or restoration of essential services, such as evacuation, rescue, medical, structural firefighting, law enforcement, utilities, and communications; and

(C) Work activities involving only intermittent employee exposure of less than 15 minutes in an hour to an ambient air concentration for PM2.5 at or above 35.5 µg/m3 (AQI 101) for a total exposure of less than one hour in a single 24-hour period.

(2) Definitions.

(a) Air Quality Index – The Air Quality Index (AQI) was developed by the U.S. Environmental Protection Agency (EPA) as an indicator of overall air quality and is based on the five criteria pollutants regulated under the Clean Air Act: ground-level ozone, particulate matter, carbon monoxide, sulfur dioxide, and nitrogen dioxide.

(b) NIOSH – The National Institute for Occupational Safety and Health of the United States Centers for Disease Control and Prevention. NIOSH tests and approves respirators for use in the workplace.

(c) PM2.5 – Solid particles and liquid droplets suspended in air, known as fine particulate matter, with an aerodynamic diameter of 2.5 micrometers or smaller and measured in micrograms per cubic meter (µg/m3).

(d) Sensitive groups – Individuals with pre-existing health conditions and those who are sensitive to air pollution who are among those likely to experience health problems from exposure to wildfire smoke. Examples of sensitive groups include: people with lung disease such as asthma or chronic obstructive pulmonary disease (COPD), including bronchitis and emphysema, and those who smoke; people with respiratory infections, such as pneumonia, acute bronchitis, bronchiolitis, cold, flu, or those recovering from severe respiratory illness; people with existing heart or circulatory problems, such as irregular heart beat, congestive heart failure, coronary artery disease, angina, and those who have had a heart attack or stroke; children under 18 years old, and adults over age 65; pregnant women; people with diabetes; and people with other medical or health conditions which can be exacerbated by exposure to wildfire smoke as determined by a physician or other licensed healthcare provider.

(e) Wildfire smoke – Emissions from unplanned fires in wildlands, which may include adjacent developed and cultivated areas to which the fire spreads or from where it originates.

(f) Wildlands – Uncultivated and sparsely populated geographical areas covered primarily by grass, brush, trees, slash, or a combination thereof.

(3) Exposure assessment. Monitor employee exposure to wildfire smoke when employees are, or are likely to be, exposed to an ambient air concentration for PM2.5 at or above 35.5 µg/m3 (AQI 101). This monitoring must be performed at the start of each shift, and as needed, to comply with the applicable requirements of sections (6) and (7) of this standard, by using one or more of the following methods:

(a) Check the current average and forecasted AQI value for PM2.5 from the Oregon Department of Environmental Quality, U.S. EPA AirNow or Interagency Wildland Fire Air Quality Response Program websites, or equivalent source;

(b) Check notifications of air quality advisories due to wildfire smoke issued by the Oregon Department of Environmental Quality or local government health agencies;

(c) Directly measure workplace ambient air concentration for PM2.5 in accordance with the testing device manufacturer’s user instructions; or

(d) If the employer determines and can demonstrate that none of the methods in subsections (3)(a) through (3)(c) of this standard are available for their work location, the employer can then use the 5-3-1 Visibility Index provided in Appendix B, Table 1 of this standard to estimate the current air concentration for PM2.5, and equivalent AQI value, during daylight hours.

(4) Information and training. Provide wildfire smoke training to all employees, including new employees, supervisory and non-supervisory employees, who may be exposed to an ambient air concentration for PM2.5 at or above 35.5 µg/m3 (AQI 101). The training must be provided annually before employees are exposed in a language and vocabulary readily understood, and in a manner that facilitates employee feedback. The training must include at least the following information:

(a) The symptoms of wildfire smoke exposure:

(A) Eyes: burning sensations, redness, and tearing of the eyes caused by irritation and inflammation of the eyes that can temporarily impair one’s vision;

(B) Respiratory system: runny nose, sore throat, cough, difficulty breathing, sinus irritation, wheezing, shortness of breath; and

(b) The potential acute and chronic health effects from wildfire smoke exposure, including increased health risks to “sensitive groups” as defined in subsection (2)(d) of this standard, and how chronic exposures can increase the risk of cardiovascular disease and can exacerbate an individual’s asthma;

(c) Each employee’s right to report health issues related to wildfire smoke exposure and obtain medical treatment for such workplace exposures without fear of retaliation;

(d) How employees can obtain the current average and forecasted ambient air concentration for PM2.5 and equivalent AQI value for their work location;

(e) The importance, limitations, and benefits of using a filtering facepiece respirator, that is provided by the employer at no cost to the employee to reduce exposure to wildfire smoke, and how to use and maintain their filtering facepiece respirator;

(f) The employer's methods to protect employees from wildfire smoke as required by section (7) of this standard, including how filtering facepiece respirators are required to be made readily accessible to employees for voluntary use when workplace ambient air concentration for PM2.5 is at or above 35.5 µg/m3 (AQI 101), and how employees can obtain such respirators before exposure and replace them when needed;

(g) Review of any job tasks performed by employees that the use of a filtering facepiece respirator would expose the wearer to a hazard associated with a substantially more serious injury or illness than the potential acute health effects of wildfire smoke exposure, and must not be used when performing such tasks;

(h) The procedures supervisors must follow when an employee reports or exhibits health symptoms that necessitate immediate medical attention such as, but not limited to, asthma attacks, difficulty breathing, and chest pain;

(i) How to operate and interpret exposure results based on any PM2.5 monitoring device used by the employer in compliance with this standard; and

(j) An explanation of the employer's two-way communication system for wildfire smoke exposure control information as required by section (6) of this standard.

(5) Training documentation. Verify supervisor and employee training required under section (4) of this standard by preparing a written or electronic record that includes at least the name or identification number of each employee trained, the date(s) of the training(s), and the name of the person(s) who conducted the training. The most recent annual training record for each employee must be maintained for one year.

(6) Employer two-way communication. Before employees are exposed to an ambient air concentration of PM2.5 at or above 35.5 µg/m3 (AQI 101), develop and implement a two-way system to communicate wildfire smoke information between supervisors and employees. At a minimum, this communication system must include:

(a) A means to notify exposed employees of any changes in the air quality at their work location that would necessitate an increase or decrease in the level of exposure controls required in section (7) of this standard; and

(b) A means to enable and encourage employees to inform their employer or supervisor of at least the following:

(A) Any changes in the air quality at their work location that could necessitate an increase or decrease in the level of exposure controls required by section (7) of this standard;

(B) Any availability issues of appropriate exposure control measures required by section (7) of this standard; and

(7) Exposure controls.

(a) Engineering and administrative controls. Implement engineering and administrative controls to reduce employee PM2.5 exposure to less than 35.5 µg/m3 (AQI 101), unless the employer can demonstrate that such controls are functionally impossible, or would prevent the completion of work.

(A) Appropriate engineering controls may include, but are not limited to, temporarily relocating outdoor workers to available indoor areas or vehicles where the air is adequately filtered, or using portable air purifiers equipped with HEPA filters (or similar high-efficiency air filters) that are sufficient in number and performance for the size of the enclosed area where used.

(B) Appropriate administrative controls may include, but are not limited to, temporarily relocating outdoor work operations to another outdoor location with better air quality when work permits, and changing employee work schedules to when better air quality is forecasted.

(b) Voluntary use of filtering facepiece respirators. Whenever employee exposure to PM2.5 is at or above 35.5 µg/m3 (AQI 101), even after the implementation of engineering and administrative controls, ensure that appropriate NIOSH-approved filtering facepiece respirators are provided to employees for voluntary use, strictly for protection against wildfire smoke, when such use would not expose the wearer to a hazard associated with a substantially more serious injury or illness than the potential acute health effects of wildfire smoke exposure. Ensure that such respirators are:

(A) Provided and replaced as needed at no cost to employees by either:

(i) Distributing filtering facepiece respirators directly to each exposed employee; or

(ii) Maintaining a sufficient supply of filtering facepiece respirators that is readily accessible and known to any exposed employee at each work location. This respirator supply must be in a location that does not restrict or hinder employee access to respirators or discourage the replacement of a respirator when needed.

(B) Stored and maintained so that they do not present a health hazard to the user.

(c) Required use of filtering facepiece respirators in accordance with a Wildfire Smoke Respiratory Protection Program. Whenever employee exposure to PM2.5 is at or above 200.9 µg/m3 (AQI 251), even after the implementation of engineering and administrative controls, ensure that employees wear appropriate NIOSH-approved filtering facepiece respirators when such use would not expose the wearer to a hazard associated with a substantially more serious injury or illness than the potential acute health effects of wildfire smoke exposure. When such filtering facepiece respirators are provided and used strictly for protection against wildfire smoke, the employer may implement and follow the Wildfire Smoke Respiratory Protection Program as described in Appendix A of this standard in lieu of conducting medical evaluations and fit testing, which are otherwise required under the Respiratory Protection Standard – 29 CFR 1910.134.

(d) Required use of respirators in accordance with the Respiratory Protection Standard – 29 CFR 1910.134. Whenever employee exposure to PM2.5 is at or above 500.4 µg/m3 (AQI 501), even after the implementation of engineering and administrative controls, ensure that employees wear appropriate NIOSH-approved respirators that protects wearers from PM2.5 when such use would not expose the wearer to a hazard associated with a substantially more serious injury or illness than the potential acute health effects of wildfire smoke exposure. For respirators used exclusively to protect employees from wildfire smoke concentrations of PM2.5 at or above 500.4 µg/m3 (AQI 501), develop and implement a complete Respiratory Protection Program in accordance with 29 CFR 1910.134 – Respiratory Protection.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 4-2022, adopt filed 05/10/2022, effective 07/01/2022

Or. Admin. R. 437-002-1139 Working Over or In Water

(1) Scope and Application: This rule applies to employees not covered by division 3, Construction; division 4, Agriculture or division 6, Forest Practices. These rules apply where the danger of drowning exists and the water is more than five feet deep. These rules do not apply to law enforcement or emergency services workers nor to any workers protected by general or personal fall protection nor to employees covered by OAR 437-002-1910.401 through 1910.441, Commercial Diving Operations.

(2) Definition: Rescue device — A ring buoy and line, gaff pole, throwable rescue device or other device that serves as a means to rescue somebody from the water without requiring the rescuer to enter the water.

(3)(a) Workers in water must wear a Coast Guard approved or equivalent, wearable personal flotation device (PFD).

(b) Workers over water on floating or unstable surfaces must wear a Coast Guard approved or equivalent, wearable personal floatation device (PFD).

(c) Piers, docks, wharves and work sites along developed shorelines must have rescue devices available within 200 feet of the water or shoreline work area.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2001, f. 1-18-01, cert. ef. 3-1-01

Or. Admin. R. 437-002-2021 Additional Oregon Definitions

(1) Scope and application. These definitions apply to Subdivision 2/D. Additional terms in 1910.21(b) also apply to Subdivision 2/D.

(2) Definitions. Low-slope roof means a roof that has a slope less than or equal to a ratio of 2 in 12 (vertical to horizontal).

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17

Or. Admin. R. 437-002-2022 Additional Oregon Rules for Powered Platforms

(1) Scope and application. This rule applies to powered platforms not regulated by 1910.66 Powered platforms for building maintenance, 1910.67 Vehicle-mounted elevating and rotating work platforms, and 1910.68 Manlifts.

(2) Powered work platforms identified in (2)(a) — (c) of this rule, used in general industry, must meet the requirements of Division 3, Subdivision L Scaffolds.

(a) Manually Propelled Elevating Aerial Platforms covered by the scope of ANSI/SIA A92.3 – 1990.

(b) Scissor lifts — Self-Propelled Elevating Work Platforms covered by the scope of ANSI/SIA A92.6 — 1990.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17

Or. Admin. R. 437-002-2024 Scope and Application

This subdivision applies to all occupational exposures to beryllium in all forms, compounds, and mixtures in general industry and construction activities, except for the following:

(1) This subdivision does not apply to articles, as defined in the Hazard Communication standard (HCS) §1910.1200(c), that contain beryllium and that the employer does not process.

(2) This subdivision does not apply to materials containing less than 0.1% beryllium by weight where the employer has objective data demonstrating that employee exposure to beryllium will remain below the action level as an 8-hour TWA under any foreseeable conditions.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18

Or. Admin. R. 437-002-2025 Definitions

For the purposes of this subdivision the following definitions apply:

(1) Action level means a concentration of airborne beryllium of 0.1 micrograms per cubic meter of air (μg/m3), calculated as an 8-hour TWA.

(2) Airborne exposure and airborne exposure to beryllium mean the exposure to airborne beryllium that would occur if the employee were not using a respirator.

(3) Beryllium lymphocyte proliferation test (BeLPT) means the measurement of blood lymphocyte proliferation in a laboratory test when lymphocytes are challenged with a soluble beryllium salt.

(4) Beryllium work area means any work area containing a process or operation that can release beryllium where employees are, or can reasonably be expected to be, exposed to airborne beryllium at any level or where there is the potential for dermal contact with beryllium.

(5) CBD diagnostic center means a medical diagnostic center that has an on-site pulmonary specialist and on-site facilities to perform a clinical evaluation for the presence of chronic beryllium disease (CBD). This evaluation must include pulmonary function testing (as outlined by the American Thoracic Society criteria), bronchoalveolar lavage (BAL), and transbronchial biopsy. The CBD diagnostic center must also have the capacity to transfer BAL samples to a laboratory for appropriate diagnostic testing within 24 hours. The on-site pulmonary specialist must be able to interpret the biopsy pathology and the BAL diagnostic test results.

(6) Chronic beryllium disease (CBD) means a chronic lung disease associated with airborne exposure to beryllium.

(7) Competent person means an individual who is capable of identifying existing and foreseeable beryllium hazards in the workplace and who has authorization to take prompt corrective measures to eliminate or minimize them. The competent person must have the knowledge and ability necessary to fulfill the responsibilities set forth in this subdivision.

(8) Confirmed positive means the person tested has beryllium sensitization, as indicated by two abnormal BeLPT test results, an abnormal and a borderline test result, or three borderline test results. It also means the result of a more reliable and accurate test indicating a person has been identified as having beryllium sensitization.

(9) Emergency means any uncontrolled release of airborne beryllium.

(10) High-efficiency particulate air [HEPA] filter means a filter that is at least 99.97 percent efficient in removing particles of 0.3 micrometers in diameter.

(11) Objective data means information, such as air monitoring data from industry-wide surveys or calculations based on the composition of a substance, demonstrating employee exposure to beryllium associated with a particular product or material or a specific process, task, or activity. The data must reflect workplace conditions closely resembling or with a higher exposure potential than the processes, types of material, control methods, work practices, and environmental conditions in the employer’s current operations.

(12) Permissible exposure limit (PEL) means a concentration of airborne beryllium of 0.2 μg/m3, calculated as an 8-hour TWA.

(13) Physician or other licensed health care professional [PLHCP] means an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently provide or be delegated the responsibility to provide some or all of the particular health care services required by 437-002-2034.

(14) Regulated area means an area, including temporary work areas where maintenance or non-routine tasks are performed, where an employee's airborne exposure exceeds, or can reasonably be expected to exceed, either the time-weighted average (TWA) permissible exposure limit (PEL) or short term exposure limit (STEL).

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 4-2017, f. 7-31-17, cert. ef. 3-12-18
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18

Or. Admin. R. 437-002-2026 Permissible Exposure Limit (PEL)

(1) Time-weighted average (TWA) PEL. The employer must ensure that no employee is exposed to an airborne concentration of beryllium in excess of 0.2 µg/m3 calculated as an 8-hour TWA.

(2) Short-term exposure limit (STEL). The employer must ensure that no employee is exposed to an airborne concentration of beryllium in excess of 2.0 µg/m3 as determined over a sampling period of 15 minutes.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18

Or. Admin. R. 437-002-2027 Rope Descent & Rope Access Systems

(1) Scope and application. This rule establishes safety requirements for rope descent and rope access. Rope descent and rope access systems can provide a safe way for employees to reach hard-to-reach locations, either natural or man-made. The requirements of this rule include, but are not limited to, the cleaning of buildings or structures, the inspection of dams and spillways, access to interior or exterior structural and architectural components of buildings, highway/bridge inspection and maintenance, powerplant penstocks and other difficult access areas.

(2) Definitions. For the purposes of this rule the following definitions apply:

(a) Access is the means of reaching a workspace of a work area.

(b) Rope access means the use of rope access equipment where two ropes are used; one as the primary means of support and a second for fall arrest protection. The employee accesses the work area by ascending, descending, or traversing along both ropes by alternating connections and weight between the two ropes. Rope access may also be called industrial rope access but is not limited to industrial applications.

(c) Rope descent system means a suspension system that allows an employee to descend in a controlled manner and, as needed, stop at any point during the descent. A rope descent system usually consists of a roof anchorage, support rope, a descent device, carabiner(s) or shackle(s), and a chair (seatboard). A rope descent system also is called controlled descent equipment or apparatus. Rope descent systems do not include industrial rope access systems.

(3) Personal Protective Equipment. The employer must ensure personal protective equipment is in accordance with Division 2/I when rope descent systems or rope access methods are used.

(4) Anchorages for Rope Descent and Rope Access Systems.

(a) Permanent Anchorages on Buildings.

(A) Before any rope descent or rope access system is used, the building owner must inform the employer, in writing that the building owner has identified, tested, certified, and maintained each permanent anchorage so it is capable of supporting at least 5,000 pounds (22.24kN), in any direction, for each employee attached. The information must be based on an annual inspection by a qualified person and certification of each anchorage by a qualified person, as necessary, and at least every 10 years.

(B) The employer must ensure that no employee uses any permanent anchorage before the employer has obtained written information from the building owner that each anchorage meets the requirements of 437-002-2027(4)(a)(A). The employer must keep the information for the duration of the job.

(b) Temporary Anchorages. Anchorages for rope descent or rope access systems on structure or natural surroundings other than buildings must be independent from each other (primary support rope and secondary fall arrest system) and must be:

(A) Capable of supporting at least 5000 pounds (22.24 kN) for each employee attached: or

(B) Designed, installed, and used, under the supervision of a qualified person, as part of a complete system that maintains a safety factor of at least two.

(5) Rope descent systems. The employer must ensure:

(a) No rope descent system is used for heights greater than 300 feet (91 m) above grade unless the employer demonstrates that it is not feasible to access such heights by any other means or that those means pose a greater hazard than using a rope descent system;

(b) The rope descent system is used in accordance with instructions, warnings, and design limitations set by the manufacturer or under the direction of a qualified person;

(d) The rope descent system is inspected at the start of each workshift that it is to be used. The employer must ensure damaged or defective equipment is removed from service immediately and replaced;

(e) The rope descent system has proper rigging, including anchorages and tiebacks, with particular emphasis on providing tiebacks when counterweights, cornice hooks, or similar non-permanent anchorages are used;

(f) Each employee uses a separate, independent personal fall arrest system that meets the requirements of 1910.140 in Division 2, Subdivision I;

(g) All components of each rope descent system, except seat boards, are capable of sustaining a minimum rated load of 5,000 pounds (22.2 kN). Seat boards must be capable of supporting a live load of 300 pounds (136 kg);

Note to 437-002-2027(5)(g): Oregon OSHA based this rule on federal OSHA’s 1910.27(b)(2)(vii). Federal OSHA’s discussion on final rule 1910.27(b)(2)(vii), as published on page 82577 of the Federal Register on November 18, 2016, states the following: “OSHA notes that the final rule does not preclude the use of lines or ropes that have knots, swage, or eye splice, which could reduce the tensile strength of a rope or line. However, under final paragraph (b)(2)(vii), even if an employer uses a line or rope that has a knot, swage, or eye split, the rope or line still must be capable of supporting a minimum rated load of 5,000 pounds.”

(h) Prompt rescue of each employee is provided in the event of a fall, equipment malfunction or entanglement;

(i) The ropes of each rope descent system are effectively padded or otherwise protected, where they can contact edges of the building, anchorage, obstructions, or other surfaces, to prevent them from being cut or weakened;

(j) Stabilization is provided at the specific work location when descents are greater than 130 feet (39.6 m);

(k) No employee uses a rope descent system when hazardous weather conditions, such as storms or gusty or excessive wind, are present;

(l) Equipment, such as tools, squeegees, or buckets, is secured by a tool lanyard or similar method to prevent it from falling;

(m) The ropes of each rope descent system are protected from exposure to open flames, hot work, corrosive chemicals, and other destructive conditions;

(n) The ropes of each rope descent system are made from industrial synthetic fibers and classified as life-safety rope. Ropes made from natural fibers and polypropylene cannot be used for rope descent;

(o) Descent control devices include automatic locks that will engage and prevent an uncontrolled descent in case the employee lets go or loses control of the device;

(p) Anchorages for rope descent systems meet the requirements of 437-002-2027(4) of this rule; and

(q) A pre-work briefing is conducted with each employee involved in rope descent to include, but is not limited to:

(A) The objective(s) of the work to be performed.

(B) Site-specific hazards.

(D) Emergency procedures to be followed (e.g., employee rescue).

(6) Rope access systems.

(a) Exceptions. 437-002-2027(6) does not apply to:

(A) Emergency search and rescue operations.

(B) Entertainment performances and rehearsals. This exception does not apply to the set up, dismantling or operation of; stages, sound systems, lighting systems, pyrotechnics, associated supporting structures or props.

(b) Written Rope Access Program. The employer must develop, implement and maintain a written Rope Access Program that includes, but not be limited to the following elements:

(A) Identification of a program administrator responsible for the overall rope access program.

(B) Methods of access and anchorage used by the employer.

(C) Listing of specific rope skills (i.e. ascending, descending, traversing, aid climbing, etc.) necessary to complete the work.

(D) Employee selection criteria.

(E) Equipment selection and inspection criteria.

(F) Roles and responsibilities of rope access team members.

(G) Communication systems.

(H) Employee training program.

(I) Rescue and emergency protocol.

(J) Identification of any unique site hazards that may affect the safety of employees using rope access equipment and methods.

(K) Pre-work briefings.

(c) Program Administration. The employer must ensure that the rope access program is administered by a program administrator knowledgeable in the elements of the written rope access program as required by subsection (6)(b) of this rule.

(d) Training and Evaluation. The employer must conduct training according to the requirements of 1910.30, and ensure:

(A) Employees who use rope access equipment and/or are engaged in rope access activities are trained and evaluated by persons with the qualifications and experience necessary to effectively instruct the employee in the proper fundamentals of rope access, equipment, and techniques described in subsection (6)(b) of this rule;

(B) Employees, prior to engaging in rope access activities, are trained in accordance with the written Rope Access Program, including applicable equipment, skills and rescue methods required of the work;

(C) Employees, prior to engaging in rope access activities, are evaluated by a hands-on demonstration by the employee of his/her skills;

(D) Employees, at a minimum, who perform rope access activities receive annual refresher training in accordance with 1910.30 and the written Rope Access Program;

(E) Employees, at a minimum, who perform rope access activities are annually re-evaluated (e.g., hands-on demonstration) of their ability to perform work in accordance with the written Rope Access Program;

(F) Employees who perform rope access are re-trained and re-evaluated before further engaging in rope access activities when the employer has reason to believe the employee does not have the understanding or skills required by 1910.30 and the written Rope Access Program. Additionally, when the employer has reason to believe the employee has violated a condition of the written Rope Access Program, the employee must be re-trained and re-evaluated. Re-training and re-evaluation under this subsection may be limited to the specific topics, concepts or skills which the employer believes, or the employee has demonstrated, are deficient;

(G) All training, re-training, evaluation and re-evaluation events are documented, and retained for three years; and

(H) Documentation of employee training, re-training, evaluation and re-evaluation include the following:

(i) Name of the employee;

(ii) Skills included in the training or evaluation;

(iii) Date(s) of the training or re-training;

(iv) Date(s) of the evaluation or re-evaluation;

(v) Identity of the person(s) performing the training or evaluation.

(e) Rope Access Use. When rope access is used, the employer must ensure:

(A) There are at least two rope access trained employees present at the physical location where rope access is being performed;

(B) No employee uses a rope access system when hazardous weather conditions, such as storms or excessive wind, are present;

(D) Each employee using a rope access system 4 feet (1.2 m) or more above a lower level is protected from falling by a personal fall arrest system in compliance with 1910.140 in 2/I with the following exceptions to 1910.140:

(i) 1910.140(c)(1) does not apply when aluminum carabiners meet the strength requirements of 1910.140(c)(8).

(ii) 1910.140(c)(10)(i) does not apply when carabiners are connected directly to rope meeting the requirements of 437-002-2027(6)(e)(E)(i) and (ii).

(iii) 1910.140(c)(10)(ii) does not apply during temporary rope transfer operations when carabiners are connected to each other lasting only long enough to complete the transfer and not as a part of the rigging for normal use.

(iv) 1910.140(c)(10)(iii) does not apply during temporary rope transfer operations when multiple carabiners are connected to a single D-ring lasting only long enough to complete the transfer and not as a part of the rigging for normal use.

(E) Components used for rope access support, positioning, transfer and back-up (fall protection) must meet the following minimum requirements:

(i) Primary support ropes and secondary fall arrest ropes are made from industrial synthetic fibers and classified as life-safety rope. Ropes made from natural fibers or polypropylene cannot be used for rope access.

(ii) Primary support ropes and secondary fall arrest ropes have a minimum rated breaking strength before being knotted, swaged or eye-spliced of 6,000 pounds (26.69 kN) as established by the rope manufacturer.

(iii) Combination harnesses (designed and manufactured for rope access positioning and employee fall protection) are capable of sustaining a minimum rated load of 3,600 pounds (16.01 kN).

(iv) Seat boards must be capable of supporting a live load of 300 pounds (136 kg).

(v) Connectors must have an automatic locking feature and are capable of sustaining a minimum rated load of 5,000 pounds (22.24 kN).

(vi) Descent control devices include automatic locks that will engage and prevent an uncontrolled descent in case the employee lets go or loses control of the device and are capable of sustaining a minimum rated load of 3,000 pounds (13.35 kN).

(vii) Manufactured lanyards (cowstails) are capable of sustaining a minimum rated load of 5,000 pounds (22.24 kN) as established by the manufacturer.

(viii) Job-made lanyards (cowstails), when constructed of rope, meet the requirements of 437-002-2027(6)(e)(E)(i) and (ii).

(ix) Back-up devices (fall arrest) must be capable of sustaining a minimum rated load of 3,600 pounds (16.01 kN).

(x) Auxiliary equipment designed to allow an employee to move along a line (rope) such as rope clamps, rope grabs, chest ascenders, foot ascender and hand ascenders must be capable of sustaining a minimum rated load of 1,000 pounds (4.49 kN).

(F) Rope access system components are used in accordance with instructions, warnings, and design limitations set by the manufacturer or under the direction of a qualified person;

(G) Rope access system components are inspected at the start of each workshift that it is to be used. The employer must ensure damaged or defective equipment is removed from service immediately and replaced;

(H) Prompt rescue of each employee is provided in the event of a fall, equipment malfunction or entanglement, or assure employees are able to rescue themselves;

(I) The ropes of each rope access system are effectively padded or otherwise protected, where they can contact edges of the building, anchorage, obstructions, structure, or other surfaces, to prevent them from being cut or weakened;

(J) The ropes of each rope access system are protected from exposure to open flames, hot work, corrosive chemicals, and other destructive conditions;

(K) Equipment, such as tools are secured by a tool lanyard or similar method to prevent it from falling where employees below are exposed to falling objects;

(L) A pre-work briefing is conducted with each employee involved in rope access to include, but is not limited to:

(i) The objective(s) of the work to be performed.

(ii) Site-specific hazards.

(iii) Environmental conditions that could affect the safety of the employee using the system.

(iv) Emergency procedures to be followed (e.g., employee rescue).

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17

Or. Admin. R. 437-002-2028 Regulated and Restricted Access Areas

This rule applies to fixed site beryllium work areas and regulated areas, and restricted access areas for construction activities.

(1) Fixed sites.

(a) Beryllium work area.

(A) Establish and maintain a beryllium work area in work area containing a process or operation that can release beryllium where employees are, or can reasonably be expected to be, exposed to airborne beryllium at any level or where there is the potential for dermal contact with beryllium.

(B) Identify each beryllium work area through signs or any other methods that adequately establish and inform each employee of the boundaries of each beryllium work area.

(b) Regulated areas.

(A) Establish a regulated area wherever an employee’s exposure to airborne concentrations of beryllium is, or can reasonably be expected to be, in excess of the PEL.

(B) Demarcate regulated areas from the rest of the workplace in a manner that minimizes the number of employees exposed to beryllium within the regulated area. Post legible and easily visible signs at all entrances to regulated areas that bear the following legend.

DANGER

REGULATED AREA

BERYLLIUM

MAY CAUSE CANCER

AUTHORIZED PERSONNEL ONLY

WEAR RESPIRATORY PROTECTION AND PERSONAL PROTECTIVE

CLOTHING AND EQUIPMENT IN THIS AREA

(i) Persons authorized by the employer and required by work duties to be present in the regulated area;

(ii) Any person entering such an area as a designated representative of employees for the purpose of exercising the right to observe monitoring procedures under 437-002-2027; and

(iii) Any person authorized by law to be in a regulated area.

(D) Provide and ensure each employee and the employee’s designated representative entering a regulated area uses:

(i) Appropriate respiratory protection in accordance with 437-002-2030,

(ii) Appropriate personal protective equipment in accordance with 437-002-2031.

(2) Restricted access for construction activities. For employers engaged in construction activities;

(a) Written procedures. Develop and implement written procedures to restrict access to work areas, where airborne exposures are, or can reasonably be expected to be, above the TWA PEL or STEL, to minimize the number of employees exposed to beryllium and their level of exposure, including exposures generated by other employers or sole proprietors. Procedures must be part of the written exposure control plan required by 437-002-2029.

(b) Competent person. Designate a competent person to ensure the procedures are followed.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18

Or. Admin. R. 437-002-2029 Methods of Compliance

This rule describes the engineering and work practice controls you must use.

(1) Establish and implement a written exposure control plan that contains at least the following elements:

(a) A list of operations and job titles reasonably expected to involve airborne exposure to or dermal contact with beryllium;

(b) A list of operations and job titles reasonably expected to involve airborne exposure at or above the action level;

(d) Procedures for minimizing cross-contamination;

(e) A list of engineering controls, work practices, and respiratory protection required by this subdivision;

(f) A list of personal protective clothing and equipment required by 437-002-2045 of this subdivision; and

(g) Procedures for removing, laundering, storing, cleaning, repairing, and disposing of beryllium-contaminated personal protective clothing and equipment, including respirators.

(2) On fixed sites, the exposure control plan must also include:

(a) Procedures for keeping surfaces as free as practicable of beryllium;

(b) Procedures for preventing the transfer of beryllium between surfaces, equipment, clothing, materials, and articles within beryllium work areas; and

(c) Procedures for minimizing the migration of beryllium from beryllium work areas to other locations within or outside the workplace.

(3) Review and evaluate the effectiveness of each written exposure control plan at least annually and update it, as necessary, when:

(a) Any change in production processes, materials, equipment, personnel, work practices, or control methods results, or can reasonably be expected to result, in new or additional airborne exposure to beryllium;

(b) You are notified that an employee is eligible for medical removal in accordance with OAR 437-002-2035, referred for evaluation at a CBD diagnostic center, or shows signs or symptoms associated with airborne exposure to or dermal contact with beryllium; or

(4) Make a copy of the written exposure control plan accessible to each employee who is, or can reasonably be expected to be, exposed to airborne beryllium in accordance with Oregon OSHA's Access to Employee Exposure and Medical Records (Records Access) rule (§1910.1020(e)).

(5) Engineering and work practice controls.

(a) For each operation in a beryllium work area that releases airborne beryllium, and where exposures are, or can reasonably be expected to be, at or above the action level, ensure that at least one of the following is in place to reduce airborne exposure:

(A) Material and/or process substitution;

(B) Isolation, such as ventilated partial or full enclosures;

(D) Process control, such as wet methods and automation.

(b) You are exempt from using the controls listed above to the extent that:

(A) You can establish that such controls are not feasible; or

(B) You can demonstrate that airborne exposure is below the action level, using no fewer than two representative personal breathing zone samples taken at least 7 days apart, for each affected operation.

(c) If airborne exposure exceeds the PEL or STEL after implementing the control(s) required by paragraph (5)(a) of this rule, implement additional or enhanced engineering and work practice controls to reduce airborne exposure to or below the exposure limit(s) exceeded.

(d) When you demonstrate that it is not feasible to reduce airborne exposure to or below the PELs by the engineering and work practice controls required by this rule, implement and maintain engineering and work practice controls to reduce airborne exposure to the lowest levels feasible and supplement these controls by using respiratory protection in accordance with OAR 437-002-2030.

(6) Prohibition of rotation. Do not rotate employees to different jobs to achieve compliance with the PELs.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18

Or. Admin. R. 437-002-2030 Respiratory Protection

This rule applies to all respirator use.

(1) Where respiratory protection is required by this subdivision, provide each employee an appropriate respirator that complies with the requirements of this rule and §1910.134. Respiratory protection is required:

(a) Where exposures exceed the PEL or STEL during periods necessary to install or implement feasible engineering and work practice controls;

(b) Where exposures exceed the PEL or STEL during tasks, such as certain maintenance and repair tasks, for which engineering and work practice controls are not feasible;

(c) During tasks for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL or STEL;

(d) During emergencies;

(e) When an employee who is eligible for medical removal under OAR 437-002-2035 chooses to remain in a job with airborne exposure at or above the action level, as permitted by that rule.

(2) Where respirator use is required by this rule, institute a respiratory protection program in accordance with §1910.134.

(3) Provide a powered air-purifying respirator (PAPR) instead of a negative pressure respirator at no cost to the employee when:

(a) Respiratory protection is required by this rule;

(b) An employee entitled to such respiratory protection requests a PAPR; and

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18

Or. Admin. R. 437-002-2031 Delayed Effective Dates for Walking-Working Surfaces

(1) Scope and application. The delayed effective dates in this rule apply in Oregon to 1910.24, 1910.25, 1910.26, 1910.28, 1910.29 and 1910.30 within Subdivision 2/D.

(2) Step bolts and manhole steps (1910.24). The delayed federal effective dates referenced in 1910.24 do not apply in Oregon. In Oregon, the following delayed effective dates apply:

(a) 1910.24(a)(1): Replace January 17, 2017 with January 1, 2018.

(b) 1910.24(a)(6): Replace January 17, 2017 with January 1, 2018.

(d) 1910.24(b)(2): Replace January 17, 2017 with January 1, 2018.

(3) Stairways (1910.25). The delayed federal effective dates referenced in 1910.25 do not apply in Oregon. In Oregon, the following delayed effective dates apply:

(a) 1910.25(b)(5)(i): Replace January 17, 2017 with January 1, 2018.

(b) 1910.25(b)(5)(ii): Replace January 17, 2017 with January 1, 2018.

(4) Dockboards (1910.26). The delayed federal effective date referenced in 1910.26(b)(1) does not apply in Oregon. In Oregon, replace January 17, 2017 with January 1, 2018.

(5) Duty to have fall protection and falling object protection (1910.28). The delayed federal effective dates referenced in 1910.28 do not apply in Oregon. In Oregon, the following delayed effective dates apply:

(a) 1910.28(b)(9)(i)(A): Replace November 19, 2018 with November 1, 2019.

(b) 1910.28(b)(9)(i)(B): Replace November 19, 2018 with November 1, 2019.

(d) 1910.28(b)(10)(ii): Replace November 19, 2018 with November 1, 2019.

(6) Fall protection systems and falling object protection – criteria and practices (1910.29). The delayed federal effective dates referenced in 1910.29 do not apply in Oregon. In Oregon, the following delayed effective dates apply:

(a) 1910.29(f)(1)(ii)(A): Replace January 17, 2017 with January 1, 2018.

(b) 1910.29(f)(1)(ii)(B): Replace January 17, 2017 with January 1, 2018.

(7) Training requirements (1910.30). The delayed federal effective dates referenced in 1910.30 do not apply in Oregon. In Oregon, the following delayed effective dates apply:

(a) 1910.30(a)(1): Replace May 17, 2017 with May 1, 2018.

(b) 1910.30(b)(1): Replace May 17, 2017 with May 1, 2018.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17

Or. Admin. R. 437-002-2032 Hygiene Areas and Practices

This rule covers hygiene requirements for all employers covered under the beryllium rule scope, 437-002-2024.

(1) For each employee working in a beryllium work area or required to use personal protective clothing or equipment by this subdivision, you must:

(a) Provide readily accessible washing facilities in accordance with this rule and the Sanitation standards §1910.141 and §1926.51 to remove beryllium from the hands, face, and neck; and

(b) Ensure that employees who have dermal contact with beryllium wash any exposed skin at the end of the activity, process, or work shift and prior to eating, drinking, smoking, chewing tobacco or gum, applying cosmetics, or using the toilet.

(2) Wherever the employer allows employees to consume food or beverages at a worksite where beryllium is present, you must ensure that:

(a) Surfaces in eating and drinking areas are as free as practicable of beryllium:

(b) Employees do not enter any eating or drinking area with personal protective clothing or equipment unless, prior to entry, surface beryllium has been removed from the clothing or equipment by methods that do not disperse beryllium into the air or onto an employee's body; and

(c) Eating and drinking facilities provided by the employer are in accordance with the Sanitation standards (§ 1910.141 or §1926.51).

(3) Ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in regulated areas or work areas where there is a reasonable expectation of exposure above the TWA PEL or STEL.

(4) On fixed sites, provide showers when:

(a) Airborne exposures exceed or can reasonably be expected to exceed, the PEL or STEL.

(b) Beryllium can reasonably be expected to contaminate employees' hair or body parts other than hands, face, and neck.

(5) When showers on fixed sites are required, ensure that each employee showers at the end of the work shift or work activity if:

(a) The employee reasonably could have had airborne exposure above the TWA PEL or STEL; and

(b) Beryllium could reasonably have contaminated the employee's hair or body parts other than hands, face, and neck.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18

Or. Admin. R. 437-002-2033 Housekeeping

This rule covers housekeeping requirements for all employers covered under the beryllium rule scope, 437-002-2024.

(1) Ensure that all spills and emergency releases of beryllium are cleaned up promptly and in accordance with the written exposure control plan required by 437-002-2029.

(2) When cleaning beryllium-contaminated areas, or surfaces in beryllium work areas, ensure the use of HEPA-filtered vacuuming or other methods that minimize the likelihood and level of airborne exposure.

(3) Do not allow dry sweeping or brushing for cleaning surfaces unless HEPA-filtered vacuuming or other methods that minimize the likelihood and level of airborne exposure are not safe or effective.

(4) Do not allow the use of compressed air for cleaning beryllium- contaminated surfaces unless the compressed air is used in conjunction with a ventilation system designed to capture the particulates made airborne by the use of compressed air.

(5) Do not allow dry sweeping or dry brushing where such activity could contribute to employee exposure to beryllium unless wet sweeping, HEPA-filtered vacuuming or other methods that minimize the likelihood of exposure are not feasible.

(6) Where employees use dry sweeping, brushing, or compressed air to clean beryllium-contaminated surfaces, the employer must provide, and ensure that each employee uses, respiratory protection and personal protective clothing and equipment in accordance with this subdivision.

(7) Ensure that cleaning equipment is handled and maintained in a manner that minimizes the likelihood and level of airborne exposure and the re-entrainment of airborne beryllium in the workplace.

(8) On fixed sites, maintain all surfaces in beryllium work areas as free as practicable of beryllium and in accordance with the written exposure control plan required by 437-002-2029.

(9) Disposal.

(a) When transferring beryllium-containing materials from construction activities to another party for use or disposal, ensure that party is provided with a label that meets OAR 437-002-2036.

(b) When transferring beryllium-containing materials from fixed sites:

(A) Ensure that materials designated for disposal that contain or are contaminated with beryllium are disposed of in sealed, impermeable enclosures, such as bags or containers, that are labeled in accordance with OAR 437-002-2036.

(B) Ensure that materials designated for recycling that contain or are contaminated with beryllium are cleaned to be as free as practicable of surface beryllium contamination and labeled in accordance with OAR 437-002-2036.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18

Or. Admin. R. 437-002-2034 Medical Surveillance

This rule describes the medical monitoring requirements of this subdivision.

(1) Make medical surveillance available to each employee:

(a) Who is or can be reasonably expected to exposed to beryllium at or above the action level for 30 or more days per year;

(b) Who shows signs or symptoms of CBD or other beryllium-related health effects;

(2) You must also make medical surveillance available to each employee whose most recent written medical opinion required by this rule recommends periodic medical surveillance.

NOTE: The medical evaluation requirements of the respiratory protection rule, §1910.134, still apply for employees wearing respiratory protection.

(3) Medical surveillance must be provided at no cost to the employee and at a reasonable time and place.

(4) Ensure that all medical examinations and procedures required by this rule are performed by a PLHCP as defined in 437-002-2025.

(5) Provide a medical examination:

(a) Initially within 30 days for every employee covered by paragraph (1) of this rule, except for any employee who has received a medical examination, provided in accordance with this rule, within the last two years;

(b) Every two years for each employee covered by paragraphs (1)(a), (1)(b), and (2) of this rule; and

(c) At the termination of employment for each employee who meets any of the criteria of paragraph (1) of (2) of this rule at the time of termination. This requirement does not apply if an examination has been provided in accordance with this rule within six months of the date of termination.

(6) Ensure that the PLHCP conducting the examination advises the employee of the risks and benefits of participating in the medical surveillance program and the employee's right to opt out of any or all parts of the medical examination.

(7) The examination must include:

(a) A medical and work history, with emphasis on past and present airborne exposure to or dermal contact with beryllium, smoking history, and any history of respiratory system dysfunction;

(b) A physical examination with emphasis on the respiratory system;

(d) Pulmonary function tests, performed in accordance with the guidelines established by the American Thoracic Society including forced vital capacity (FVC) and forced expiratory volume in one second (FEV1);

(e) A standardized BeLPT or equivalent test, upon the first examination and at least every two years thereafter, unless the employee is confirmed positive. If the results of the BeLPT are other than normal, a follow-up BeLPT must be offered within 30 days, unless the employee has been confirmed positive. Samples must be analyzed in a laboratory certified under the College of American Pathologists/Clinical Laboratory Improvement Amendments (CLIA) guidelines to perform the BeLPT.

(f) A low dose computed tomography (LDCT) scan, when recommended by the PLHCP after considering the employee's history of exposure to beryllium along with other risk factors, such as smoking history, family medical history, sex, age, and presence of existing lung disease; and

(g) Any other test deemed appropriate by the PLHCP.

(8) Ensure that the examining PLHCP (and the agreed-upon CBD diagnostic center, if an evaluation is required under paragraph (15) of this rule) has a copy of this subdivision and provide the following information, if known:

(a) A description of the employee's former and current duties that relate to the employee's airborne exposure to and dermal contact with beryllium;

(b) The employee's former and current levels of airborne exposure;

(c) A description of any personal protective clothing and equipment, including respirators, used by the employee, including when and for how long the employee has used that personal protective clothing and equipment; and

(d) Information from records of employment-related medical examinations previously provided to the employee, currently within the control of the employer, after obtaining written consent from the employee.

(9) Ensure that the employee receives a written medical report from the licensed physician within 45 days of the examination (including any follow-up BeLPT required under paragraph (7)(e) of this rule) and that the PLHCP explains the results of the examination to the employee. Ensure the written report contains:

(a) A statement indicating the results of the medical examination, including the licensed physician's opinion as to whether the employee has:

(A) Any detected medical condition, such as CBD or beryllium sensitization (i.e., the employee is confirmed positive, as defined in OAR 437-002-2025), that may place the employee at increased risk from further airborne exposure, and

(B) Any medical conditions related to airborne exposures that require further evaluation or treatment.

(b) Any recommendations on:

(A) The employee's use of respirators, protective clothing, or equipment; or

(B) Limitations on the employee's airborne exposure to beryllium.

(c) If the employee is confirmed positive or diagnosed with CBD or if the licensed physician otherwise deems it appropriate, the written report must also contain a referral for an evaluation at a CBD diagnostic center.

(d) If the employee is confirmed positive or diagnosed with CBD the written report must also contain a recommendation for continued periodic medical surveillance.

(e) If the employee is confirmed positive or diagnosed with CBD the written report must also contain a recommendation for medical removal from airborne exposure to beryllium, as described in OAR 437-002-2035.

(10) Obtain a written medical opinion from the licensed physician within 45 days of the medical examination (including any follow-up BeLPT required by this rule). The written opinion must contain only the following:

(a) The date of the examination;

(b) A statement that the examination has met the requirements of this rule; and

(d) A statement that the PLHCP has explained the results of the medical examination to the employee, including any tests conducted, any medical conditions related to airborne exposure that require further evaluation or treatment, and any special provisions for use of personal protective clothing or equipment.

(11) If the employee provides written authorization, the written opinion must also contain any recommended limitations on the employee's airborne exposure to beryllium.

(12) If the employee is confirmed positive or diagnosed with CBD or if the licensed physician otherwise deems it appropriate, and the employee provides written authorization, the written opinion must also contain a referral for an evaluation at a CBD diagnostic center.

(13) If the employee is confirmed positive or diagnosed with CBD and the employee provides written authorization, the written opinion must also contain a recommendation for continued periodic medical surveillance.

(14) If the employee is confirmed positive or diagnosed with CBD and the employee provides written authorization, the written opinion must also contain a recommendation for medical removal from airborne exposure to beryllium, as described in 437-002-2035.

(15) When a physician's written medical report indicates that the employee has been confirmed positive or diagnosed with CBD, or recommends referral to a CBD diagnostic center, provide an evaluation to the employee at a CBD diagnostic center that is mutually agreed upon by the employer and the employee. This evaluation must be provided within 30 days of receiving the written opinion, and at no cost to the employee.

(a) Ensure the employee receives a written medical report within 30 days of the medical examination from the CBD diagnostic center that includes:

(A) A statement indicating the results of the medical examination, including the licensed physician's opinion as to whether the employee has:

(i) Any detected medical condition, such as CBD or beryllium sensitization (i.e., the employee is confirmed positive, as defined in OAR 437-002-2025), that may place the employee at increased risk from further airborne exposure, and

(ii) Any medical conditions related to airborne exposure that require further evaluation or treatment.

(B) Any recommendations on:

(i) The employee's use of respirators, protective clothing, or equipment; or

(ii) Limitations on the employee's airborne exposure to beryllium.

(b) If the employee is confirmed positive or diagnosed with CBD the written report must also contain a recommendation for continued periodic medical surveillance.

(c) If the employee is confirmed positive or diagnosed with CBD the written report must also contain a recommendation for medical removal from airborne exposure to beryllium, as described in OAR 437-002-2035.

(16) Obtain a written medical opinion from CBD diagnostic center within 30 days of the medical examination. The written opinion must contain only the following:

(a) The date of the examination;

(b) A statement that the examination has met the requirements of this rule; and

(e) If the employee provides written authorization, the written opinion must also contain:

(A) Any recommended limitations on the employee's airborne exposure to beryllium

(B) A recommendation for continued periodic medical surveillance if the employee is confirmed positive or diagnosed with CBD;

(C) A recommendation for medical removal from airborne exposure to beryllium, as described in 437-002-2035, if the employee is confirmed positive or diagnosed with CBD.

(17) After an employee has received the initial clinical evaluation at a CBD diagnostic center, the employee may choose to have any subsequent medical examinations for which the employee is eligible performed at a CBD diagnostic center mutually agreed upon by the employer and the employee. Provide such examinations at no cost to the employee.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18

Or. Admin. R. 437-002-2035 Medical Removal

This rule describes the medical removal requirements of this subdivision.

(1) An employee is eligible for medical removal, if the employee works in a job with airborne exposure at or above the action level and either:

(a) The employee provides the employer with:

(A) A written medical report indicating a confirmed positive finding or CBD diagnosis; or

(B) A written medical report recommending removal from airborne exposure to beryllium in accordance OAR 437-002-2034; or

(b) The employer receives a written medical opinion recommending removal from airborne exposure to beryllium in accordance with 437-002-2034.

(2) If an employee is eligible for medical removal, provide the employee with the employee's choice of:

(a) Removal as described in paragraph (3) of this rule; or

(b) Remaining in a job with airborne exposure at or above the action level, provided that the employer provides, and ensures that the employee uses, respiratory protection that complies with OAR 437-002-2030 whenever airborne exposures are at or above the action level.

(3) If the employee chooses removal:

(a) If a comparable job is available where airborne exposures to beryllium are below the action level, and the employee is qualified for that job or can be trained within one month, the employer must remove the employee to that job. The employer must maintain for six months from the time of removal the employee's base earnings, seniority, and other rights and benefits that existed at the time of removal.

(b) If comparable work is not available, the employer must maintain the employee's base earnings, seniority, and other rights and benefits that existed at the time of removal for six months or until such time that comparable work described in paragraph (3)(a) of this rule becomes available, whichever comes first.

(4) Your obligation to provide medical removal protection benefits to a removed employee must be reduced to the extent that the employee receives compensation for earnings lost during the period of removal from a publicly or employer-funded compensation program, or receives income from another employer made possible by virtue of the employee's removal.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18

Or. Admin. R. 437-002-2036 Communication of Beryllium Hazards to Employees

(1) Chemical manufacturers, importers, distributors, and employers must ensure that compliance with the requirements of the hazard communication rule (§1910.1200) for beryllium. In classifying the hazards of beryllium, the following hazards must be addressed:

(a) Cancer;

(b) Lung effects (CBD and acute beryllium disease);

(d) Skin sensitization; and

(e) Skin, eye, and respiratory tract irritation.

(2) Include beryllium in the hazard communication program established to comply with the hazard communication rule. Ensure that each employee has access to labels on containers of beryllium and to safety data sheets, and is trained in accordance with the requirements of the hazard communication standard (§1910.1200) and paragraph (4) of this rule.

(3) Label each bag and container of clothing, equipment, and materials contaminated with beryllium, and, at a minimum, include the following on the label:

DANGER

CONTAINS BERYLLIUM

MAY CAUSE CANCER

CAUSES DAMAGE TO LUNGS

AVOID CREATING DUST

DO NOT GET ON SKIN

(4) For each employee who has, or can reasonably be expected to have, airborne exposure to or dermal contact with beryllium:

(a) Provide initial training to each employee by the time of initial assignment; and

(b) Repeat the training required under this rule annually for each employee.

(5) Ensure that each employee who is, or can reasonably be expected to be, exposed to airborne beryllium can demonstrate knowledge and understanding of the following:

(a) The health hazards associated with airborne exposure to and contact with beryllium, including the signs and symptoms of CBD;

(b) The written exposure control plan, with emphasis on the location(s) of beryllium work areas, including any regulated areas, and the specific nature of operations that could result in airborne exposure, especially airborne exposure above the TWA PEL or STEL;

(c) The purpose, proper selection, fitting, proper use, and limitations of personal protective clothing and equipment, including respirators;

(d) Applicable emergency procedures;

(e) Measures employees can take to protect themselves from airborne exposure to and contact with beryllium, including personal hygiene practices;

(f) The purpose and a description of the medical surveillance program required by OAR 437-002-2034 including risks and benefits of each test to be offered;

(g) The purpose and a description of the medical removal protection provided under OAR 437-002-2035;

(h) The contents of the standard; and

(i) The employee's right of access to records under the Records Access standard (§1910.1020).

(6) When a workplace change (such as modification of equipment, tasks, or procedures) results in new or increased airborne exposure that exceeds, or can reasonably be expected to exceed, either the TWA PEL or the STEL, provide additional training to those employees affected by the change in airborne exposure

(7) Make a copy of this subdivision and its appendices readily available at no cost to each employee and designated employee representative(s).

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18

Or. Admin. R. 437-002-2037 Recordkeeping

(1) Air monitoring data.

(a) Make and maintain an accurate record of all exposure measurements taken to assess employee exposure to beryllium, as prescribed in 437-002-2040.

(b) This record must include at least the following information:

(A) The date of measurement for each sample taken;

(B) The task monitored;

(D) Number, duration, and results of samples taken;

(E) Type of personal protective clothing and equipment, including respirators, worn by the employees monitored; and

(F) Name and job classification of all employees represented by the monitoring, indicating which employees were actually monitored.

(2) Objective data.

(a) Make and maintain an accurate record of all objective data relied upon to comply with the requirements of this subdivision.

(b) This record must include at least the following information:

(A) The data relied upon;

(B) The beryllium-containing material in question;

(D) A description of the process, task, or activity on which the objective data were based; and

(E) Other data relevant to the process, task, activity, material, or exposures on which the objective data were based.

(3) Medical surveillance.

(a) Make and maintain an accurate record for each employee covered by medical surveillance under 437-002-2034.

(b) The record must include the following information about the employee:

(A) Name;

(B) A copy of the PLHCPs’ and specialists’ written medical opinions;

(4) Training.

(a) At the completion of any training required by this standard, the employer must prepare a record that indicates the name and job classification of each employee trained, the date the training was completed, and the topic of the training.

(b) This record must be maintained for three years after the completion of training.

(5) Upon request, you must make all records maintained as a requirement of this subdivision available for examination and copying to the Director of the Oregon Department of Consumer and Business Services, or designee, and the Director of the National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or designee, each employee, and each employee's designated representative(s) in accordance the Records Access standard 1910.1020.

(6) Comply with the requirements involving transfer of records set forth in the Records Access standard (1910.1020).

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 3-2019, amend filed 10/29/2019, effective 10/29/2019
OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18

Or. Admin. R. 437-002-2038 Dates

This rule is effective March 12, 2018, except:

(1) Change rooms and showers required by 437-002-2032 must be provided by March 11, 2019; and

(2) Engineering controls required by OAR 437-002-2029 must be implemented by March 10, 2020.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18

Or. Admin. R. 437-002-2040 Exposure Assessment

This rule requires an evaluation of employee exposure to beryllium using air monitoring or objective data as described in the performance or scheduled monitoring options.

(1) Assess the exposure of each employee who is or may reasonably be expected to be exposed to beryllium in accordance with either the performance option in paragraph (2) or the scheduled monitoring option in paragraph (3).

(2) Performance option. Assess the 8-hour TWA exposure and 15-minute short-term exposure for each employee on the basis of any combination of air monitoring data or objective data sufficient to accurately characterize employee exposures to beryllium.

(3) Scheduled monitoring option.

(b) Perform initial monitoring to assess the short-term exposure from 15-minute personal breathing zone air samples measured in operations that are likely to produce airborne exposure above the STEL for each work shift, for each job classification, and in each work area.

(c) Where several employees perform the same tasks on the same shift and in the same work area, you may sample a representative fraction of these employees in order to meet this requirement. In representative sampling, sample the employee(s) who are expected to have the highest exposure to beryllium.

(d) If initial monitoring indicates that employee exposures are below the action level and at or below the STEL, you may discontinue monitoring for those employees whose exposures are represented by such monitoring.

(e) Where the most recent exposure monitoring indicates that employee exposures are at or above the action level but at or below the PEL, repeat such monitoring within six months of the most recent monitoring.

(f) Where the most recent exposure monitoring indicates that employee exposures are above the PEL, repeat such monitoring within three months of the most recent monitoring.

(g) Where the most recent (non-initial) exposure monitoring indicates that employee exposures are below the action level, repeat such monitoring within six months of the most recent monitoring until two consecutive measurements, taken 7 or more days apart, are below the action level, at which time you may discontinue monitoring for those employees whose exposures are represented by such monitoring, except as otherwise provided in paragraph (4).

(h) Where the most recent exposure monitoring indicates that airborne exposure is above the STEL, repeat such monitoring within three months of the most recent short-term exposure monitoring until two consecutive measurements, taken 7 or more days apart, are below the STEL, at which time you may discontinue short-term exposure monitoring for those employees whose exposure is represented by such monitoring, except as otherwise provided in paragraph (4).

(4) Reassess exposures whenever a change in the production, process, control equipment, personnel, or work practices may reasonably be expected to result in new or additional exposures at or above the action level or STEL, or when there is any reason to believe that new or additional exposures at or above the action level or STEL have occurred.

(5) Ensure that all air monitoring samples used to satisfy the monitoring requirements of this rule are evaluated by a laboratory that can measure beryllium to an accuracy of plus or minus 25 percent within a statistical confidence level of 95 percent for airborne concentrations at or above the action level.

(6) Employee notification of assessment results.

(a) Within 15 working days after completing an exposure assessment in accordance with this rule, notify each employee whose airborne exposure is represented by the assessment of the results of that assessment individually in writing or post the results in an appropriate location that is accessible to each of these employees.

(b) Whenever an exposure assessment indicates that employee exposure is above the PEL or STEL, describe in the written notification the corrective action being taken to reduce employee exposure to or below the exposure limit(s) exceeded where feasible corrective action exists but had not been implemented when the monitoring was conducted.

(7) Observation of monitoring.

(b) When observation of monitoring requires entry into an area where the use of protective clothing or equipment (which may include respirators) is required, provide the observer with protective clothing and equipment at no cost, ensure that the observer uses such clothing and equipment, and ensure that each observer follows all other applicable safety and health procedures.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18

Or. Admin. R. 437-002-2045 Personal Protective Clothing and Equipment

This rule applies to all personal protective equipment and clothing.

(1) Provide appropriate personal protective clothing and equipment at no cost to employees in accordance with the written exposure control plan required under OAR 437-002-2029, 437-002-0134, and 437-003-0134:

(a) Where airborne exposure exceeds, or can reasonably be expected to exceed, the TWA PEL or STEL; or

(b) Where there is a reasonable expectation of dermal contact with beryllium.

(2) Ensure employees use provided protective clothing and equipment.

(3) Removal and storage.

(a) Ensure that each employee removes all beryllium-contaminated personal protective clothing and equipment at the end of the work shift, at the completion of tasks involving beryllium, or when personal protective clothing or equipment becomes visibly contaminated with beryllium, whichever comes first.

(b) Ensure that each employee removes beryllium-contaminated personal protective clothing and equipment as specified in the written exposure control plan required by 437-002-2029.

(c) Ensure that each employee stores and keeps beryllium-contaminated personal protective clothing and equipment separate from street clothing and that storage facilities prevent cross-contamination as specified in the written exposure control plan required by 437-002-2029

(d) Ensure that no employee removes beryllium-contaminated personal protective clothing or equipment from the workplace, except for employees authorized to do so for the purposes of laundering, cleaning, maintaining or disposing of beryllium-contaminated personal protective clothing and equipment at an appropriate location or facility away from the workplace.

(e) When personal protective clothing or equipment required by this rule is removed from the workplace for laundering, cleaning, maintenance or disposal, ensure that personal protective clothing and equipment are stored and transported in sealed bags or other closed containers that are impermeable and are labeled in accordance with 437-002-2036 and the hazard communication standard (HCS) §1910.1200.

(4) Cleaning and replacement.

(a) Ensure that all reusable personal protective clothing and equipment required by this rule is cleaned, laundered, repaired, and replaced as needed to maintain its effectiveness.

(b) Ensure that beryllium is not removed from personal protective clothing and equipment by blowing, shaking or any other means that disperses beryllium into the air.

(c) Inform in writing the persons or the business entities who launder, clean or repair the personal protective clothing or equipment required by this rule of the potentially harmful effects of airborne exposure to and dermal contact with beryllium and that the personal protective clothing and equipment must be handled in accordance with this rule.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 – 654.295
OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18

Or. Admin. R. 437-002-2101 Compressed Gases (General Requirements)

(1) Inspection of compressed gas cylinders. Each employer must conduct a visual inspection of compressed gas cylinders under their control to determine they are in a safe condition. Visual and other inspections must be conducted as prescribed in the Hazardous Materials Regulations of the Department of Transportation (49 CFR Parts 171-179 and 14 CFR Part 103). Where those regulations are not applicable, visual and other inspections must be conducted in accordance with Compressed Gas Association (CGA) Pamphlet C-6 2013, 11th Edition, Standard for Visual Inspection of Steel Compressed Gas Cylinders and CGA Pamphlet C-8 2005, Reaffirmed 2010, 7th Edition, Standard for Requalification of DOT-3HT, CTC-3HT, and TC-3HTM Seamless Steel Cylinders.

(2) Compressed gases. The handling, storage, and utilization of all compressed gases in cylinders, portable tanks, rail tankcars, or motor vehicle cargo tanks must be in accordance with Compressed Gas Association Pamphlet P-1 2008, 11th Edition, Safe Handling of Compressed Gases in Containers.

(3) Safety relief devices for compressed gas containers. Compressed gas cylinders, portable tanks, and cargo tanks must have pressure relief devices installed and maintained in accordance with Compressed Gas Association CGA S-1.1 2011 14th edition and, CGA S-1.2 2009 9th edition.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-2014, f. 10-28-14, cert. ef. 5-1-15

Or. Admin. R. 437-002-2102 Acetylene

(1) Cylinders.

(a) Employers must ensure that the manufacturing, in-plant transfer, transportation, handling, storage, and use of acetylene in cylinders comply with this rule and the provisions of Compressed Gas Association (CGA) Pamphlet G-1-2009 (“Acetylene”) (Compressed Gas Association, Inc., 12th ed., 2009).

(b) Definitions.

(A) Confined space: A space that meets all of the following:

(i) Large enough and configured so that an employee can fully enter the space and perform work.

(ii) Has limited or restricted means for entry and/or exit.

(iii) Is not designed for continuous human occupancy.

(B) Enclosed space — Spaces that are surrounded by something, and the only openings are access openings, for example, drawers, closets, unventilated cabinets, automobile trunks, unventilated cylinder compartments, or toolboxes.

(D) PSIG (Gauge Pressure) — Pressure above or below local atmospheric pressure displayed as pounds per square inch.

(E) Secure — Arrange to prevent movement (including lashing and chaining), or a minimum of three points of contact with other cylinders or walls.

(F) Use — Withdrawing and using the gas in a non-recoverable manner for applications other than manufacturing or repackaging of compressed gasses.

(A) You must:

(i) Store and use cylinders valve end up.

NOTE: Gas suppliers and distributors may store secured containers in a horizontal position.

(ii) Secure cylinder(s) to prevent falling or movement.

(iii) Use a cylinder cart or cylinder pallet to move acetylene cylinders.

NOTE: This rule does not apply to acetylene fill plants, handling, distribution, and maintenance processes where cylinders are tilted and rolled on their bottom edge only the minimal distance necessary to get them on and off carts or pallets.

(iv) Attach the cylinder to a pressure reducing regulator or blow back manifold before opening the cylinder valve.

(v) Remove pressure regulators before moving cylinders unless they are secured in an upright position on a cylinder cart.

(vi) Back out regulator adjusting screws before opening cylinder valves.

(vii) Protect cylinders from contact with welding spatters and cutting or burning slag.

(viii) Install reverse flow check valves and flashback arresters according to manufacturer recommendation.

(B) You must not:

(i) Drop cylinders.

(ii) Drag cylinders.

(iii) Apply a torch to the side of a cylinder.

(iv) Hoist cylinders using lifting magnets, slings, ropes, chains, or any other device where the cylinders form a part of the carrier.

(v) Handle cylinders so that the bottom fusible metal pressure relief device can strike an object.

(vi) Expose any part of your body to the line of discharge of a fusible metal pressure relief device.

(vii) Use acetylene at a pressure exceeding 15 psig.

(viii) Exceed an acetylene withdrawal rate of one-seventh of the cylinder capacity per hour for welding, cutting, and allied processes.

(d) Transporting Acetylene Cylinders (additional requirements).

(A) You must protect cylinders and attached regulators:

(i) From damage when being transported by any vehicle.

(ii) From abnormal mechanical shock that is likely to damage the cylinder, valve, or fusible metal pressure relief device.

(B) You must not transport cylinders in enclosed spaces.

(C) You must ensure that cylinders are leak checked prior to each placement into the vehicle. Cylinders left in vehicles overnight must be leak checked at the end of the day and again prior to transporting.

(e) Acetylene Cylinder Storage.

(A) You must store cylinders:

(i) In assigned locations.

(ii) In areas posted with signs prohibiting smoking and open flame.

(iii) In well-ventilated locations.

(iv) Away from heat sources.

(v) Where they are protected from corrosion.

NOTE: Cylinders with or without regulators, kept in or on vehicles due to their frequency of use will not be considered as stored when a leak test is performed at the end of the day. When cylinders are used during multiple shifts, they must be leak tested at the end of each shift.

(B) You must not store cylinders:

(i) Where they contact electrical welding equipment or electrical circuits.

NOTE: All high and low pressure cylinders in contact with or secured to a conductive table or column without being isolated from electrical current can become part of an electrical circuit.

(ii) Where they can be struck by heavy objects.

(iii) In enclosed spaces.

(iv) In confined spaces.

(v) Within 20 feet of oxygen unless they are separated by a noncombustible partition. Partitions must:

(I) vertically extend at least 18 inches above the tallest container and not less than 5 feet.

(II) laterally extend at least 18 inches beyond the sides of the containers.

(III) have a fire resistance rating of at least one-half hour.

NOTE 1: (paragraph (1)(e)(B)(v)): Single cylinders of acetylene and oxygen can be stored secured on a cart or used adjacent to each other without a partition.

NOTE 2: (paragraph (1)(e)(B)(v)): Single cylinders of acetylene and oxygen secured at a work station without attached pressure reducing regulators are considered to be in use.

(vi) With full and empty cylinders grouped together.

NOTE: (paragraph (1)(e)(B)(vi)): This does not apply to the cylinder distribution process.

(f) Connecting and Disconnecting Acetylene Cylinders for Use.

(A) You must:

(i) Return cylinders with contaminated valves (mud, oil, grease, and similar material) to the supplier.

(ii) Secure the cylinder(s) where it can not contact any electrical circuit or electrical welding equipment.

NOTE: All high and low pressure cylinders in contact with or secured to a conductive table column without being isolated from electrical current can become part of an electrical circuit.

(iii) Inspect hoses before each shift.

(iv) Remove damaged hoses from service.

(v) Check pressurized cylinder valves, fuse plugs and all connections for leaks prior to use.

(vi) Use industry approved leak detection solution or oil free soapy water.

(vii) Notify the gas supplier of any leaking cylinder and follow the supplier’s instruction for returning the cylinder.

(viii) Back out the regulator adjusting screws before opening cylinder valves.

(ix) Close the system valves and release all gas from the regulators before removing the regulator from a cylinder.

(x) Keep the cylinder key used for opening the cylinder valve on the valve spindle when the cylinder is in use.

(B) You must not attempt to repair or alter cylinders or valves.

(2) Piped Systems.

(a) Employers must comply with Chapter 9 (“Acetylene Piping”) of NFPA 51A-2006 (“Standard for Acetylene Charging Plants”) (National Fire Protection Association, 2006 ed., 2006).

(b) When employers can demonstrate that the facilities, equipment, structures, or installations used to generate acetylene or to charge (fill) acetylene cylinders were installed prior to February 16, 2006, these employers may comply with the provisions of Chapter 7 (“Acetylene Piping”) of NFPA 51A-2001 (“Standard for Acetylene Charging Plants”) (National Fire Protection Association, 2001ed., 2001).

(c) The provisions of 437-002-2102(2)(b) also apply when the facilities, equipment, structures, or installation used to generate acetylene or to charge (fill) acetylene cylinders were approved for construction or installation prior to February 16, 2006, but constructed and installed on or after that date.

(d) For additional information on acetylene piping systems, see CGA G-1.2-2006, Part 3 (“Acetylene piping”) (Compressed Gas Association, Inc., 3rd ed., 2006).

(3) Generators and filling cylinders.

(a) Employer must ensure that facilities, equipment, structures, or installations used to generate acetylene or to charge (fill) acetylene cylinders comply with the provisions of NFPA 51A-2006 (“Standard for Acetylene Charging plants”) (National Fire Protection Association, 2006 ed., 2006).

(b) When employers can demonstrate that the facilities, equipment, structures, or installations used to generate acetylene or to charge (fill) of acetylene cylinders were constructed or installed prior to February 16, 2006, these employers may comply with the provisions of NFPA 51A-2001 (“Standard for Acetylene Charging Plants”) (National Fire Protection Association, 2001 ed., 2001).

(c) The provisions of 437-002-2102(3)(b) also apply when the facilities, equipment, structures, or installation were approved for construction or installation prior to February 16, 2006, but constructed and installed on or after that date.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-2014, f. 10-28-14, cert. ef. 5-1-15
OSHA 1-2010, f. & cert. ef. 2-19-10

Or. Admin. R. 437-002-2224 Vehicle Drivers and Riders

(1) Scope. This rule applies, without regard to vehicle ownership when your employees drive or ride as part of their employment.

(2) Driver Qualifications. You must not allow an employee to drive a vehicle on a public highway or road unless they have a valid driver’s license appropriate for that type vehicle.

(3) General Safety.

(a) Do not allow employees to drive or ride in any vehicle known to be unsafe.

(b) Require employees to report any safety problems effecting vehicles you own or provide.

(4) Rider Safety — General.

(a) Except as in (5), (6) and (7), do not allow employees to occupy a vehicle in excess of its seating capacity.

(b) Require employees to comply with all applicable seatbelt and traffic safety laws.

(5) Rider Safety in the Bed of Dump Trucks, Pickups and Similar Vehicles. Do not transport workers in the beds of dump trucks, pickups or similar vehicles unless these conditions are met when applicable:

(a) When seating is available, it must be secure to the floor and passengers may not stand.

(b) The bed is secure to the frame. Beds that tilt or slide must be secure from movement.

(d) The total height of the sides of the transport area must be at least 42 inches. If riders sit on the floor, the height must be at least 24 inches.

(e) There must be a tailgate the same height as the sides or three evenly spaced chains, cables or ropes taut across the back.

(f) Not more than 4 workers may ride on a flatbed without sides or a tailgate and then only when the speed will not be more than 30 mph. There must be two handholds for each rider.

(g) Workers must not ride in space with cargo unless it is secure from movement.

(6) Standing Rider Safety — Buses. Riders must not sit on the floor while the vehicle is moving. Riders may stand if these conditions are met:

(a) There must be an aisle at least 12 inches wide leading to the emergency exit.

(b) There are no seats in or boards across the aisle.

(d) Not more than one rider per row of seats may stand.

(e) Riders may not sit or stand near the driver and not ahead of the forward-most row of seats.

(f) Workers in transit must not stand for more than one hour or 45 miles, whichever is less. At the end of that period, the standing workers must get a seat or the vehicle must stop for a 15-minute rest allowing the workers to get out.

(7) Fueling.

(a) There must be no smoking or other source of ignition within 25 feet of any refueling operation.

(b) Do not fill any container that is not bonded or grounded while it is inside the vehicle, in the pickup bed or anyplace other than on the ground.

(d) Refueling vehicles with LPG must be outdoors.

(8) Hauling gasoline or flammable liquid.

(a) For buses, vehicles that carry 16 or more, crew trucks, vans and passenger cars, use only DOT or UL approved containers that hold 5 gallons or less and secure them in an area separate from passengers.

(b) For pickups, flatbeds and other vehicles not in (a), there is no container size limit as long it is not in an enclosed passenger area.

(9) Hauling Explosives. When hauling explosives, only the driver and one qualified person may be in the vehicle. Comply with OAR 437-002-1910.109 and 437-002-0109.

(10) Loading or Unloading. When loading or unloading vehicles in a manner that is likely to cause the vehicle to move, set the brakes and chock the wheels.

(11) High Voltage Clearances. When operating a vehicle near overhead lines carrying more than 600v, OAR 437-002-0047 applies for general industry employers and OAR 437-003-0047 applies for Construction employers.

(12) Traffic Control. Adequate and appropriate traffic control devices must be used when vehicles are parked on or adjacent to a highway, street, or road in a way that creates a hazard and when traffic cannot adjust safely on its own. The traffic control devices' design and use must conform to the Manual of Uniform Traffic Control Devices for Streets and Highways, 2009 Edition, December 2009 (Including Revision 1 dated May 2012 and Revision 2 dated May 2012) (MUTCD), incorporated by reference in 1926.6.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2019, amend filed 10/29/2019, effective 10/29/2019
OSHA 6-2007, f. & cert. ef. 9-26-07

Or. Admin. R. 437-002-2225 Vehicles for Highway and Road Operation Characteristics and Maintenance

(1) Scope. This applies to employer-owned vehicles licensed for highway and road use, driven and/or maintained by employees on public or private property, except the following:

(a) Powered Industrial Trucks covered by OR-OSHA standard 1910.178 and OAR 437-002-0227.

(b) Earth moving equipment (scrapers, loaders, bulldozers and graders) covered by OAR 437-003-1926.602.

NOTE: When operating a vehicle near overhead power lines more than 600 volts, OAR 437-002-0047 applies for General Industry employers and OAR 437-003-0047 applies for Construction employers.

(2) Vehicle Components.

(a) The engine start/stop control must be within reach of the driver.

(b) There must be steps, ladders and railings to allow safe access to and exit from areas on vehicles where employees must access. Steps and rungs must be slip resistant.

(c) Vehicles whose cargo is loaded by cranes, power shovels or other powered loaders must have a cab or cab shield that protects the occupants from the impact of falling material.

(d) Secure all material, equipment or tools to prevent movement or a barrier must be in place to protect the occupants from moving items.

(e) Vehicles with cabs must have a door or doors for entry and exit.

(f) Vehicle cargo must not prevent occupants from exiting under any condition.

(g) Vehicles must comply with ORS 811.225, Failure to Maintain Safety Belts in Working Order.

(3) Flashing Warning Lights. Buses with a capacity of 16 or more passengers must have a working flashing light system that complies with ORS 816.260 if they load or unload passengers on a public highway or road.

(4) Buses and Crew Trucks.

(a) Buses and crew trucks must have a secure seat with back rest for each occupant.

(b) Buses with an enclosed seating area for 12 or more workers, unless loaded from the rear, must have an emergency exit not less than 24 inches wide by not less than 48 inches high on the left side or rear of the vehicle. It must open easily from inside or outside the vehicle.

(5) Passenger Compartments.

(a) Floors and decks must be slip resistant.

(b) Seal openings between the engine compartment and muffler area to prevent carbon monoxide from entering the enclosed passenger compartment.

(d) Areas where workers sit or stand must be free of protruding nails, screws, splinters or similar physical hazards.

(e) Protect riders from inclement weather by enclosing riding areas as necessary.

(6) Steering. Do not allow spinner knobs on vehicles without power steering. Spinner knobs must be on the inside of the steering wheel.

(7) Lighting. Where general lighting in vehicle operating areas is less than 2 footcandles per square foot, vehicles must have working lights that sufficiently light the travel path.

(8) Testing, Maintenance, and Repair.

(a) Block or crib heavy machinery, equipment or parts supported by slings, hoists, jacks or otherwise prevent it from falling before employees work underneath or between such objects.

(b) During repair or maintenance set all controls in neutral, stop the motor and set the brakes unless the work requires otherwise.

(c) During maintenance or inspection on vehicles with dump bins, use an attached, lockable support that prevents unintentional lowering of the bin.

(d) Disconnect the vehicle battery when the work allows and the energized system could cause injury.

(9) Warning Devices.

(a) All vehicles must have a working horn that can be heard above surrounding area noise. Paragraph (b) does not apply when the vehicle backs up with an observer or when the operator verifies that there is nobody behind the vehicle or when nobody may enter the danger area without the operator’s knowledge.

(b) Vehicles with an obstructed view to the rear must have a backup alarm that can be heard over the surrounding noise. If surrounding noise prevents this or if there are so many vehicles using backup alarms that they cannot be distinguished from each other, flashing or strobe lights are acceptable.

(10) Control of Exhaust Gases.

(a) Vehicles must have a working muffler.

(b) Exhaust pipes must direct the gasses away from occupants.

(11) First Aid Kits. Vehicles for transport of 16 or more workers must have a clean, stocked first aid kit with enough supplies for the number of workers usually transported.

NOTE: Laws and/or administrative rules administered by other government agencies require fire extinguishers in vehicles under specifically defined circumstances.

(12) Controls.

(a) Levers that control dump or hoist devices must have a latch or other device that prevents accidental starting or tripping of the mechanism.

(b) The operator of a dump truck must be able to operate the tailgate trip handle from a position clear of the dumping load.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001 - 654.295.
OSHA 6-2007, f. & cert. ef. 9-26-07

Or. Admin. R. 437-002-2226 Vehicles for Use on Property Other Than Public Roads and Highways Operation, Characteristics and Maintenance

(1) Scope. This rule applies to employer-owned vehicles, not licensed or normally operated on public highways or roads, except the following:

(a) Powered Industrial Trucks covered in OR-OSHA standard 1910.178 and OAR 437-002-0227.

(b) Earth moving equipment, (scrapers, loaders, bulldozers and graders) covered by OAR 437-003-1926.602.

(2) Safe Operation. You must require the driver to:

(a) Look in the direction of travel and have a clear view unless being guided by somebody with a clear view of the route.

(b) Slow or stop as appropriate at intersections and not drive in marked pedestrian lanes.

(d) Manually control all towed or pushed vehicles unless they use a towbar.

(3) Vehicle Loads. You must protect employees from hazardous vehicle loads by requiring that they:

(a) Not load a vehicle beyond its rated capacity.

(b) Stabilize, lash down or otherwise secure the load.

(4) Basic Equipment Requirements. You must assure your vehicles comply with the following:

(a) Vehicles with windshields must have working powered wipers and an effective defroster.

(b) There must be no broken glass that impairs the driver’s vision.

(c) When the load or passengers obstruct the use of the interior rear view mirror, there must be an outside rear view mirror on each side of the vehicle.

(d) Vehicle brakes must be effective when the vehicle is fully loaded. The parking brake must hold the loaded vehicle on any slope which it may operate.

NOTE: The rules on safety chains do not apply to saddle-mount towing, or to a semitrailer coupled to a towing vehicle with a fifth wheel and kingpin assembly so designed that the upper and lower halves may not separate without being manually released onto a dolly without a tow bar.

(5) Uncoupled towing. You must assure that:

(a) Towed vehicles with a gross weight of 5,000 pounds or less must have at least one safety chain or cable. Towed vehicles with a gross weight more than 5,000 pounds must have at least two safety chains or cables.

(b) Safety chains or cables must be strong enough to control the towed vehicle in event the tow bar or coupling device fails.

(c) Safety chains or cables must connect to the towed and towing vehicles and to the tow bar so as to prevent the tow bar from dropping to the ground if it or the coupling device fails.

(d) There must be only enough slack in safety chains or cables to permit proper turning.

(6) Coupled towing. You must assure that:

(a) Drawbar, coupling device, and other connections for towing of trailers must be strong enough to hold the weight of the towed vehicle on any grade over which it may operate.

(b) Any coupling device on any towing vehicle used as a connection for the tow bar on any towed vehicle with a gross weight more than 5,000 pounds must be firmly attached to the frame or to a solid connection to the frame.

(d) Connections must have only enough slack to allow for universal action of the connections.

NOTE: When operating a vehicle near overhead power lines more than 600 volts, OAR 437-002-0047 applies for General Industry employers and OAR 437-003-0047 applies for Construction employers.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001 - 654.295.
OSHA 6-2007, f. & cert. ef. 9-26-07

Or. Admin. R. 437-002-2253 Oxygen-fuel Gas Welding and Cutting

(1) Scope and Application.

These rules apply to safe practices for users of oxy-fuel gas for welding, cutting, soldering, brazing, flame coating (thermal spraying), related materials and equipment, in general industry and construction. This rule does not apply to agriculture, forest activities, or maritime industries.

(2) Definitions.

(a) Apparatus — Includes regulators, hoses, connections (fittings), torches, manifolds and safety devices.

(b) Approved — Means listed or approved by a nationally recognized testing laboratory. Refer to 1910.7 for definitions and requirements for a nationally recognized testing laboratory.

(d) Brazing — Is a metal joining process where filler metal is heated to join two or more close-fitting metal parts. It is similar to soldering but the temperatures used to melt the filler metal at or above 800oF.

(e) Burners — A type of torch system usually designed for stationary use at the bench or lathe. The material being worked, such as glass, is moved into and around the flame. Flame size is determined by valves that adjust the flow and mix of fuel gas and oxygen.

(f) Check valve (reverse flow check valve) — A device designed to prevent the unintentional backflow of gases.

NOTE: Reverse flow check valves alone will not stop a flashback in the system.

(g) Compartment (inside) — Is within an enclosed vehicle and opens to the inside.

(h) Compartment (outside) — Is recessed or built into an enclosed vehicle but opens to the outside of the enclosed vehicle. This compartment seals the compressed gases from entering the vehicle compartment and is vented to the outside of the vehicle.

(i) Competent person — one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

(j) Confined space — A space that meets all of the following:

(A) Large enough and so configured that an employee can fully enter the space and perform work.

(B) Has limited or restricted means for entry or exit.

(k) Containers (compressed, liquefied and dissolved gas) — Cylinders, portable tanks, non-refillable cylinders, or stationary tanks, consisting of various shapes and sizes that are designed and constructed to meet ASME, TC or DOT specification.

(l) Crack (Cracking) — Opening a cylinder valve slightly and immediately closing it prior to attaching a pressure reducing regulator. This is an approved process that applies only to oxygen cylinders.

(m) Cutting (oxy-fuel cutting) — A process where a cutting torch is used to heat metal to kindling temperature. A stream of oxygen is then trained on the metal, and metal burns in that oxygen and then flows out of the cut.

(n) Cylinder(s) — An approved DOT portable container used for transportation and storage of compressed gas. Generally a cylinder is a compressed gas container having a maximum water capacity of 454 kg (1000 lbs).

(o) Drop Test — A method using compressed gas cylinder (container) pressure to test connected regulators, hoses, torch and connections for leaks.

(p) Enclosed space — Spaces that are surrounded by something and the only openings are access openings, for example, drawers, closets, unventilated cabinets, automobile trunks, unventilated cylinder compartments or toolboxes.

(q) Enclosed vehicle — Includes but is not limited to the interior of automobiles, automobile trunks, vans, or in any enclosed truck or trailer.

(r) Flame coating (thermal spraying) — The use of oxygen and fuel gases to apply fine metallic or nonmetallic materials in a molten or semi-molten condition to form a coating. The coating material may be in the form of powder, ceramic-rod, wire, or molten materials.

(s) Flashback (flame) arrestor — A device that prevents the propagation of a flame upstream.

(t) Fuel Gas — A flammable product or mixture of products used in welding, cutting and heating processes. Commonly used fuel gases are available in compressed gases, liquefied and liquefied mixtures, acetylene dissolved, and gasoline.

(u) Handling — Moving, connecting, or disconnecting oxygen and fuel gas containers under normal conditions.

(v) Leak test — The application of a liquid solution, or the use of other methods, to verify that oxygen and fuel gas cylinders and apparatus do not leak. Solutions must be compatible with the gas being used.

(w) Manifold — An apparatus designed to connect two or more cylinders for use. In construction this may mean that two cylinders or more are connected by pigtails to form a manifold.

(x) Moving cylinders — The movement of a cylinder(s) from one location to another at the worksite or place of business.

(y) Periodic Inspection — An inspection that is made at least once per quarter.

(z) Portable Cylinder banks — Multiple cylinders manifolded together on a portable frame.

(aa) PSIG (Gauge Pressure) — Pressure above or below local atmospheric pressure displayed as pounds per square inch.

(bb) Secure — Arrange to prevent movement (including lashing and chaining), or a minimum of three points of contact with other cylinders or walls.

(cc) Special truck — A vehicle or cart that is designed for the specific purpose of moving compressed, dissolved and liquefied gas cylinders in a stable manner.

(dd) Stored — Cylinders without attached regulators, cylinders not secured to a workstation, or cylinders that have not been used for 24 hours or more will be considered stored. This does not include cylinders secured on a cart.

NOTE 1: No more than one additional set of cylinders may be secured to a workstation.

NOTE 2: Cylinders, with or without regulators, kept in or on vehicles due to their frequency of use will not be considered as stored when a leak test is performed at the end of the day. When cylinders are used during multiple shifts, they must be leak tested at the end of each shift.

(ee) Soldering — Is a metal joining process where filler metal is heated to join two or more close-fitting metal parts. It is similar to brazing but the temperatures used to melt the filler metal are below 800oF.

(ff) Supervisory personnel (supervisor) — An agent of the employer such as a manager, superintendent, foreperson, or person in charge of all or part of the place of employment who directs the work activities of one or more employees.

(gg) Torches:

(A) (Pre-mix) — Oxygen and fuel gases are mixed in a chamber within the torch body.

(B) (Surface-mix) — Oxygen and fuel gases are mixed at the torch tip.

(hh) Transporting cylinders — Any cylinder movement by a vehicle to a worksite or place of business.

NOTE 1: A cylinder(s) loaded into a vehicle for movement to a worksite or place of business is not in storage.

NOTE 2: Requirements for the separation of oxidizers and fuel gases do not apply when cylinders are being transported to a work site or place of business.

(ii) Use — Withdrawing and using the gas in a non-recoverable manner for applications other than manufacturing or repackaging of compressed gasses.

(jj) Valve end up — The tops of all acetylene cylinders are elevated so that the cylinders are inclined at an angle of not less than 30 degrees from horizontal (to protect against loss of acetone).

(kk) Welder and welding operator — One who operates electric or gas welding and cutting equipment.

(ll) Welding (oxy-fuel welding) — A process using fuel gases and oxygen to weld metals. Welded metal occurs when two pieces are heated to a temperature that produces a shared pool of molten metal. The molten pool is generally supplied with additional metal called filler. Filler material depends upon the metals to be welded.

(3) Training and Evaluation.

(a) You must provide training by a competent person that covers:

(A) Procedures, practices and requirements for representative tasks employees are expected to perform.

(B) Instructions for safe use, operation and maintenance of tools, equipment and machinery.

(D) Work performance expectations in a language or manner that employees are able to understand.

(E) Hazards associated with expected tasks.

(F) Ways to prevent or control identified hazards.

NOTE: A new employee does not need to be retrained in all of (3)(a)(A)–(F) if you are able to determine through discussion and observations that they received adequate training prior to employment with you. Retraining is required if the employee fails to demonstrate the knowledge and experience to safely perform the expected tasks.

(b) You must evaluate employee’s ability to adequately perform the expected tasks prior to allowing them to work independently.

(4) General Requirements.

(a) You must:

(A) Guard against mixtures of fuel gases and air or oxygen that may be explosive.

(i) Use approved apparatus such as torches, regulators, or pressure reducing valves, hoses and connections, protective equipment, acetylene generators, and manifolds.

(ii) Install and use reverse flow check valves and flashback arrestors according to torch manufacturers’ recommendations unless they are not required by the manufacturer.

(B) Use cylinders that meet the Department of Transportation requirements published in 49 CFR Part 178.

(C) Use portable cylinders for the storage and shipment of compressed gases that are constructed and maintained in accordance with the U.S. Department of Transportation regulations, 49 CFR Parts 171-179.

(D) Use compressed gas cylinders equipped with connections complying with Compressed Gas Association (CGA) Pamphlet V-1 1994, 7th Edition, Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections.

(E) Use compressed gas cylinders whose contents are legibly marked with:

(i) The chemical or trade name of the gas in conformance with Compressed Gas Association (CGA) Pamphlet C-7 2011, 9th Edition, Guide to Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, and

(ii) Stenciling, stamping, or labeling that is not readily removable.

(F) Protect against oil and grease hazards.

(i) Keep cylinders, cylinder valves, couplings, regulators, hose, and apparatus free from oily or greasy substances.

(ii) Keep oxygen cylinders away from contacting oil and grease.

(G) Follow the requirements of OAR 437-002-2253(13) Service Piping, OAR 437-002-2253 (14) Acetylene Generators, OAR 437-002-2253 (15) Calcium Carbide Storage when generating acetylene for immediate use at the work location.

(H) Make readily available the rules and instructions covering the operation and maintenance of oxygen or fuel-gas supply equipment including generators, and oxygen or fuel-gas distribution piping systems.

(b) You must not:

(A) Remove any product or shipping hazard labels.

(B) Deface any product or shipping hazard labels.

(D) Generate acetylene at a pressure in excess of 15 psig (30 psia).

(E) Pipe or use acetylene at a pressure in excess of 15 psig unless it is in an approved manifold.

NOTE 1: This requirement does not apply to storage of acetylene dissolved in a suitable solvent in cylinders manufactured and maintained according to U.S. Department of Transportation requirements, or to acetylene for chemical use.

NOTE 2: Due to the instability of acetylene, the 15 psig (30 psia) limit is intended to prevent unsafe use of acetylene in pressurized chambers such as caissons, underground excavations, or tunnel construction.

(F) Use any device or attachment facilitating or permitting mixtures of air or oxygen with flammable gases prior to consumption, except at the burner or in a standard torch, unless approved for the purpose.

(G) Attempt to mix gases in a cylinder unless you are a gas supplier.

(H) Refill a cylinder unless you are:

(i) The owner of the cylinder, or

(ii) Authorized by the owner of the cylinder.

(I) Use a cylinder’s contents for purposes other than those intended by the supplier.

(J) Use a damaged cylinder.

(K) Repair or alter cylinders or valves.

(L) Tamper with the numbers and markings stamped into cylinders.

(M) Handle oxygen cylinders, cylinder caps and valves, couplings, regulators, hoses, and apparatus with oily hands or gloves.

(N) Permit a jet of oxygen to:

(i) Strike an oily surface.

(ii) Strike greasy clothes.

(iii) Enter a fuel oil or other storage tank.

(O) Blow off clothing with oxygen.

(P) Use oxygen in pneumatic tools, in oil preheating burners, to start internal-combustion engines, to blow out pipelines, to create pressure, or for ventilation.

(5) Transportation of Compressed, Liquefied and Dissolved Gas Cylinders.

(a) When transporting cylinders in vehicles you must:

(A) Secure cylinders from moving.

(B) Keep valve protection caps in place on cylinders when regulators are not attached.

NOTE: This applies to cylinders designed to accept valve caps.

(D) Keep acetylene gas cylinders with valve(s) end up.

(E) Keep liquid cylinder valve(s) vertical.

(F) Keep oil residue from contacting oxygen cylinders.

(b) When transporting cylinders in enclosed vehicle(s) you must:

NOTE: This rule does not apply to cylinders transported in an unoccupied enclosed truck or trailer compartment with a shippers’ certificate meeting the code for Hazardous Materials Regulations CFR 49 part 172.204.

(A) Ensure that cylinders are leak checked prior to each placement into the vehicle. Cylinders left in vehicles overnight must be leak checked at the end of the day and again prior to transporting.

(B) Cap cylinders.

(D) Isolate fuel gas cylinders from sources of ignition.

(E) Maintain vehicle temperatures below 125 degrees.

NOTE: Temperatures in vehicles can exceed 125 F during sunny or warm weather. This may affect your decision to leave cylinders in vehicles for periods of time when temperatures may climb.

(F) Remove cylinders from the “inside vehicle compartment” to the outside of the vehicle prior to use.

(G) Open “outside vehicle compartment” doors when withdrawing product from cylinders.

(H) Ensure that all outside cylinder compartment(s) are sealed to prevent leakage to the inside of the vehicle. Outside compartment doors must open to the outside of the vehicle.

(I) Ensure the interior of any cylinder compartment containing oxidizers does not contain petroleum products or materials that have contacted petroleum products.

(6) Storage of Oxygen and Fuel Gas Cylinders.

(a) You must store oxygen and fuel gas cylinders in locations:

(A) Specifically assigned.

(B) Well ventilated.

(D) Away from heat sources.

(E) Posted with signs prohibiting smoking and open flame within 20 feet.

(F) Where the temperature does not exceed 125°F (52°C).

(G) Where sparks, hot slag, or flame will not reach them.

(H) Where they will not contact electrical welding equipment or electrical circuits.

NOTE: All high and low pressure cylinders in contact with or secured to a conductive table or column without being isolated from electrical current can become part of an electrical circuit.

(I) Where they are protected from corrosion.

(J) Where they cannot be knocked over.

(K) Where they cannot be damaged by passing or falling objects.

(L) Where they will not be tampered with by unauthorized persons.

(M) Where they will not be struck by heavy objects.

(N) Away from inside or outside exit routes or other areas normally used or intended for safe travel of personnel.

(O) Where they will not be subject to unventilated enclosed spaces.

(P) That are not identified as confined spaces.

(Q) With prominent signs posted identifying the names of the gasses stored.

(b) You must store cylinders in the following manner:

(A) With valve caps in place.

NOTE: This applies to cylinders designed to accept valve caps.

(B) Valve end up and secured from movement.

NOTE: Liquefied petroleum gas cylinders used on forklifts may be stored either horizontally or vertically.

(D) Refrigerated liquid cylinders in a vertical position.

(E) With all individual oxygen and flammable gas cylinder valves on portable cylinder banks closed.

(c) You must separate oxygen cylinders from fuel-gas cylinders or combustible materials (especially oil or grease) and any other substance likely to cause or accelerate fire by:

(A) A minimum distance of 20 feet, or

(B) A noncombustible barrier that:

(i) Vertically extends 18 inches above the tallest cylinder(s) and is at least 5 feet high.

(ii) Laterally extends 18 inches beyond the sides of the cylinders.

(iii) Has a fire-resistance rating of at least one-half hour.

NOTE 1: If you have a preexisting noncombustible barrier used to separate oxygen from combustible materials or fuel gases other than acetylene, the barrier must be a minimum of 5 feet high and have a minimum fire resistance rating of one-half hour. Noncombustible barriers built after May 1, 2015, must comply with the 18 inch dimensions found in 437-002-2253(6)(c)(B)(i) and (ii).

NOTE 2: 437-002-2102 Acetylene, requires noncombustible partitions used for oxygen and acetylene separation to extend 18 inches horizontally and vertically.

(d) You must separate oxygen and fuel gas cylinders secured on a cart from assigned cylinder storage areas by a minimum of 20 feet or a non combustible barrier.

NOTE 1: Single cylinders of oxygen and fuel gas can be secured on a cart or used adjacent to each other without being separated by a partition.

NOTE 2: An additional set of cylinders secured at a workstation without attached pressure reducing regulators will be considered in use and not in storage.

(e) You must limit cylinders, except those in actual use or attached ready for use, stored inside buildings to a total gas capacity of 2,000 cubic feet or 300 pounds of liquefied petroleum gas.

(f) Store cylinders of fuel gases in excess of 2,000 cubic feet total gas capacity or 300 pounds of liquefied petroleum gas (LPG), or any LPG mixture where LPG is the primary gas, (this does not apply to cylinders in actual use or attached ready for use) in the following manner:

(A) Outside, or

(B) In a separate room, compartment or special building with interior walls, partitions, floors, and ceilings that:

(i) Are constructed with noncombustible material having a fire-resistance floor to ceiling

(ii) Are securely anchored

(iii) Have at least one wall of the room that is an exterior wall

(C) The room must have a swinging type, self-closing fire door for a Class B opening and have a rating of at least 1 hour if there are openings to other parts of the building.

(D) The room must have wired glass windows mounted with approved metal frames and fixed sashes where windows are used. They must be installed in accordance with the Standard for the Installation of Fire Doors and Windows, NFPA 80-1970.

(g) You must comply with the provisions of the Compressed Gases and Cryogenic Fluid Code, NFPA No. 55-2010 when a liquid oxygen system is to be used to supply gaseous oxygen that has a storage capacity of more than 20,000 cubic feet of oxygen (measured at 14.7 psia (101 kPa) and 70° F (21.1° C)), connected in service or ready for service, or unconnected reserves on site.

(h) The handling, storage, and utilization of all compressed gases in cylinders, portable tanks, rail tank cars, or motor vehicle cargo tanks must be in accordance with Compressed Gas Association (CGA) Pamphlet P-1 2008, 11th Edition, Safe Handling of Compressed Gases in Containers.

(7) Handling of Oxygen and Fuel Gas Cylinders.

(a) When handling or moving cylinders you must:

(A) Provide adequate access for cylinder handling.

(B) Remove regulators and ensure any required valve protection is in place before moving unsecured cylinders.

NOTE: This rule does not apply to acetylene manufacturers, cylinder fill plants and distributors of compressed gases and acetylene. (7)(a)(C) does not apply to the movement of individual fuel gas cylinders of 40 cubic feet (b-tank) or less.

(D) Leave the valve protection cap and valve seal outlet in place until the cylinder has been secured in place and is ready to be connected to a regulator or manifold.

NOTE: This does not apply to manufacturers and distributors of compressed gases and acetylene plants where cylinders are connected and disconnected to cylinder manifolds.

(E) Use warm, not boiling, water to thaw frozen cylinders loose from the ground or if otherwise fixed.

(b) When moving cylinders by a crane or derrick you must:

(A) Use a cradle, boat, or suitable platform that secures cylinders.

(B) Install valve-protection caps on cylinders, including those cylinders with a water weight capacity of over 30 lbs., designed to accept a cap.

(A) Close all individual oxygen and flammable gas cylinder valves on portable cylinder banks when in storage.

(B) Restrict manual movement of portable cylinder banks to clean, smooth, level stationary surfaces.

(d) When moving a portable bank or cylinder cradles with a forklift you must secure them to the forklift.

(e) When moving a portable bank or cylinder cradles with a crane you must use the lifting hook attached to the cradles or other appropriate moving equipment.

(f) When lifting liquid cylinders you must:

(A) Lift by using the cylinder lift eyes.

(B) Use a lifting device designed for the lift and rated for the weight.

(g) Before moving cylinders to storage you must:

(A) Close the cylinder valve.

(B) Replace and secure any valve outlet seals.

(h) When handling or moving cylinders you must not:

(A) Repair or alter cylinders or valves.

(B) Place bars under valves or valve protection caps to pry cylinders loose when frozen to the ground or otherwise fixed.

(C) Use valve protection caps for lifting or lowering cylinders manually or with a crane from one position or location to another.

(D) Drag or slide cylinders.

(E) Lift liquid cylinders by the cylinder grab ring.

(F) Drop cylinders or permit them to strike each other violently.

(G) Subject any cylinder to mechanical shocks that may damage the valve.

(H) Use cylinders as rollers for moving material or other equipment.

(I) Permit oil, grease or other combustible substances to contact cylinders, valves, or other apparatus.

(J) Attempt to catch a falling cylinder.

(K) Place cylinders where they can become part of an electrical circuit.

NOTE: All pressurized cylinders in contact with or secured to a conductive table or column without being isolated from electrical current can become part of an electrical circuit.

(i) When connecting cylinders for use you must:

(A) Use a pressure-reducing regulator or separate control valve to discharge gas from a cylinder.

(B) Use regulators approved for the specific gas.

(D) Back out the regulator adjusting screws before opening cylinder valves.

(E) Open oxygen cylinder valves slowly and slightly (called cracking) for an instant and then close before attaching a regulator. Stand with the cylinder valve between you and the valve outlet connection so the outlet connection is facing away from your body when cracking an oxygen cylinder.

NOTE: Cracking is an approved process that applies only to oxygen cylinders.

(F) Open acetylene cylinder valves no more than one and one half turns.

NOTE: It is preferable to open the acetylene valve no more than three-fourths of a turn.

(G) Return cylinders with contaminated valves (mud, oil, grease, and similar material) to the supplier.

(H) Use acetylene tank keys or wrenches designed to open acetylene stem type valves.

(I) Notify the supplier if cylinder valves cannot be opened by hand.

(J) Stand with the cylinder valve between you and the regulator so your body, the cylinder valve, and regulator form a straight line when opening the cylinder valve.

(K) Open cylinder valves slowly and carefully after the cylinder has been connected to the process.

(L) Ensure that cylinder valves, pressure-reducing regulators, hoses, torches and all connections do not leak.

(i) Perform a drop test

(I) Ensure that both the oxygen and fuel control valves on the torch handle are closed.

(II) With the oxygen cylinder valve open, adjust the oxygen regulator to deliver a minimum of 20 PSIG (10kPa).

(III) With the fuel cylinder valve open, adjust the fuel regulator to deliver a minimum of 10 PSIG (70kPa).

(IV) Close both the oxygen and fuel cylinder valves.

(V) Turn the adjusting screws counterclockwise to relieve regulator pressure.

(VI) Observe the gauges on both regulators for a minimum of five minutes. If the gauge readings do not change, then the system is leak tight. If there is a leak, use an approved leak detection method to locate it.

(ii) If the pressure drops during the drop test, perform a leak test to identify all leaks.

(iii) Use industry approved oil free leak detection solution.

(iv) Perform a leak test on cylinder pressure relief and safety devices, valves and regulator connections after the cylinder valve is open and connected to the pressure reducing regulator.

(v) Remove from service any cylinder that leaks at the valve, safety device or fittings that cannot be stopped by closing the valve. Isolate the cylinder away from ignition sources.

NOTE: Remove leaking cylinders to a safe outside location whenever possible. A warning should be placed near cylinders with leaking fuse plugs or other leaking safety devices not to approach them with a lighted cigarette or other source of ignition.

(vi) Promptly notify the supplier of any leaking cylinder or trouble with any cylinder valve and follow their instructions.

(vii) Tag cylinders having leaking fuse plugs or other leaking safety devices.

(M) Keep the cylinder key used for opening stem type cylinder valves on the valve spindle.

(N) Allow each gas to flow through its respective hose for a few seconds to purge the hose of any mixture of gases:

(i) After connecting welding, cutting or heating apparatus to oxygen and fuel-gas cylinders.

(ii) When starting to reuse the apparatus after an interval of a half hour or more.

(j) When connecting cylinders you must not:

(A) Open cylinder valves (other than cracking oxygen) until a regulator has been attached.

(B) Stand or have any body part in front or behind the pressure reducing regulator when opening cylinder valves.

(k) When removing regulators from cylinders you must:

(A) Ensure that oxygen and fuel gas cylinder valves are closed.

(B) Visually check the low pressure delivery gauges and high pressure supply gauge to ensure there is no pressure remaining in the system.

(D) Place disconnected regulators, hoses, and torches where they will not come into contact with dust and oily or greasy substances.

(8) Use of Oxygen and Fuel Gas Cylinders.

(a) When using cylinders you must:

(A) Secure from movement with valve end up.

(B) Perform a drop test as defined in (7)(i)(L)(i) at the beginning of each shift to verify no leaks exist.

(i) Before moving cylinders.

(ii) At the end of the shift or when work is finished.

(iii) When cylinders are empty.

(D) Place cylinders far enough away from the actual welding or cutting operation to:

(i) Ensure sparks, hot slag, or flame will not reach them, or

(ii) Protect them with fire resistant shields.

(E) Keep cylinders away from radiators, piping systems, layout tables, etc., that may be used for grounding electric circuits such as for arc welding machines.

(F) Keep keys, handles or nonadjustable wrenches on valve stems of cylinders not having fixed hand wheel while these cylinders are in service.

(G) Keep one key or handle on valve stems for each in service manifold in multiple cylinder installations.

(H) Allow each gas to flow through its respective hose for a few seconds to purge the hose of any mixture of gases before using a torch assembly that has been shutdown for an interval of one half hour or more.

(I) Follow the apparatus manufacturer’s operating sequence when lighting, adjusting, and extinguishing torch flames.

(J) Close the torch handle valves on oxygen and/or fuel gas when the welding and cutting equipment is unattended for only a few minutes.

NOTE: This does not apply to jeweler’s torches or other torches similar in size when placed in proper holders.

(K) Completely shut down a torch system (refer to (8)(a)(C)) in the following order:

(i) Close and drain the oxygen system before the closing and draining of the fuel gas system.

(ii) Open the torch valves momentarily after closing the cylinder valves to release all gas pressure from the hoses and regulators; then close the torch valves.

(iii) Turn the regulator pressure adjusting screws counter clockwise to release all spring pressure.

(iv) Visually check the low pressure delivery gauge and high pressure supply gauge to ensure there is no pressure remaining in the system.

(b) When using cylinders you must not:

(A) Place a cylinder where it might become part of an electric circuit.

(B) Tap an electrode against a cylinder to strike an arc.

(D) Attempt to mix gases in a cylinder unless you are the gas supplier.

(E) Refill a cylinder unless you are the owner of the cylinder or a person authorized by the owner.

(F) Use a cylinder’s contents for purposes other than those intended by the supplier.

(G) Tamper with safety devices on cylinders or valves.

(H) Drop or handle cylinders roughly.

(I) Put down a lighted torch unless the torch or torch assembly is placed in a holder and secured from unintended movement.

(J) Use the regulator adjusting screw as a shut-off mechanism.

(K) Place anything on top of any cylinder when in use which may damage the safety device or interfere with the quick closing of the valve.

(L) Take cylinders containing oxygen or acetylene or other fuel gas into confined spaces.

(9) Pressure Reducing Regulators.

(a) When using pressure reducing regulators you must:

(A) Use them with cylinder and piping outlets to ensure suitable working pressure for fuel gas and oxygen-fuel gas applications.

(B) Use them for the gas and pressures for which they are intended.

NOTE: The CGA numbers identify the cylinder valve and gas service for which an inlet connection is designed.

(D) Ensure that inlet connections of regulators intended for attachment to gas storage cylinders comply with the requirements of Compressed Gas Association (CGA) Pamphlet V-1 1994, 7th Edition, Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections and Compressed Gas Association (CGA) Pamphlet V-7 2009, 5th Edition, Standard Method of Determining Cylinder Valve Outlet Connections for Industrial Gas Mixtures.

(E) Ensure that regulators or parts of regulators, including gauges, are repaired only by skilled mechanics who have been properly instructed.

(F) Use oxygen regulators that are marked with “USE NO OIL.”

(G) Use acetylene regulator with a delivery pressure gauge that graphically indicates the maximum 15 psig working pressure.

(H) Inspect regulator union nuts and connections to detect faulty seats before the regulators are attached to the cylinder valves.

(I) Fully turn the regulator pressure-adjusting screw counter clockwise before slowly opening the cylinder valve.

(J) Keep pressure-reducing regulators in good repair.

(K) Replace cracked, broken or otherwise defective parts (including gauge glasses).

(b) When using pressure reducing regulators you must not:

(A) Use the regulator adjusting screw as a “shut-off” mechanism.

(B) Use oxygen and/or fuel gases from cylinders, piping, or manifolds through torches or other devices equipped with shutoff valves without using a pressure reducing regulator.

(10) Hose and Hose Connections

(a) When using fuel gas and oxygen hoses you must:

(A) Use hoses that comply with the Compressed Gas Association (CGA) Pamphlet E-1 2009, 6th Edition, Standard for Rubber Welding Hose and Hose Connections for Gas Welding, Cutting, and Allied Processes and Association for Rubber Products Manufacturers (ARPM) Publication IP-7 2011, 10th Edition.

NOTE: This standard does not apply to liquefied petroleum gas hose covered under NFPA 58, Liquefied Petroleum Gas Code applicable to the propane industry.

(B) Use fuel gas and oxygen hoses that are easily distinguishable from each other.

NOTE: The contrast may be made by different colors or by surface characteristics readily distinguishable by the sense of touch. Use red for fuel gases, green for oxygen, and black for inert gas.

NOTE: Grade R or RM hose may only be used with acetylene. Do not use with any other fuel gas.

(D) Use oil free air or an oil free inert gas to test hoses.

(E) Keep hoses and couplings (connectors) free from oily or greasy substances.

(F) Visually inspect each hose for leaks, burns, worn places, bulges, cracks, crimps, multiple splices, cuts, oil and grease, damaged or worn fittings, and other defects rendering it unfit for service:

(i) At the beginning of each task, the portion of hose intended for use, or

(ii) At the end of each working shift, the portion of hose used before storing it on a cart or hose reel.

(G) Perform inspections on hoses and hose connections following any failed drop test to determine the cause of the failure.

(H) Test hose to twice the normal pressure it will be subjected to but in no case less than 300 psi. when it:

(i) Has been subject to flashback, or

(ii) Shows evidence of severe wear or damage.

(I) Repair or replace hoses that have defects rendering them unfit for service.

(J) Protect hoses from damage by physical hazards, hot objects, or kinking.

(K) Keep hoses, cables, and other equipment clear of passageways, ladders and stairs.

(L) Use manifold hose connections, including both ends of the supply hose that lead to the manifold, with hose that cannot be interchanged between fuel gas and oxygen manifolds and supply header connections. You must not use adapters to permit the interchange of hose.

(M) Cap manifold and header hose connections when not in use.

(N) Store gas hoses in ventilated boxes.

(b) When using fuel gas and oxygen hoses you must not:

(A) Route in such a manner that severely bends the hose at the hose coupling (connector).

(B) Pull or drag welding equipment with the hose assembly.

(D) Drag hoses across potential puncture or abrading points.

(E) Handle oxygen hoses with oily hands or oily gloves.

(F) Tape together more than 4 inches out of 12 inches of parallel sections of oxygen and fuel gas hose.

(G) Use a single hose having more than one gas passage.

(H) Repair damaged hoses with tape.

(I) Use a defective hose.

(A) Comply with Compressed Gas Association (CGA) Pamphlet E-1 2009, 6th Edition, Standard for Rubber Welding Hose and Hose Connections for Gas Welding, Cutting, and Allied Processes, (3) Connections.

(B) Clamp or securely fasten in a manner that will withstand twice the pressure to which they are normally subjected, and in no case less than a pressure of 300 psi, for one (1) minute, without leakage.

(C) Use oxygen and fuel gas connection fittings that are different in size and prevent the intermixing of connections, or

(D) Be marked in a manner to identify the oxygen and fuel gas hose.

(E) Use hose couplings that cannot be unlocked or disconnected by means of a straight pull without rotary motion.

(d) When using hose connections you must not use adaptors that permit the interchange of manifold hose connections.

(11) Torches used with Oxygen and Fuel Gas.

(a) When using oxygen and fuel gas torches you must:

(A) Follow the manufacturer’s recommendation for the use of torch handles with internal check valves and flashback arrestors.

(B) Keep torches free from oily or greasy substances.

(i) Cleaning wires.

(ii) Drills.

(iii) Devices designed for such purposes.

(D) Inspect torches following any failed drop test to determine the cause of the failure prior to using. Check:

(i) Shut-off valves.

(ii) Hose couplings.

(iii) Tip connections.

(E) Only light torches with friction lighters, stationary pilot flames or other approved devices.

(b) You must not:

(A) Use defective torches.

(B) Light a torch:

(i) With matches.

(ii) From hot work.

(iii) With other hand held open flame.

(12) Manifolds with Oxygen and Fuel Gas.

(a) When working with oxygen and fuel gas manifolds you must:

(A) Label each manifold with the name of the product they contain in letters at least 1-inch high:

(i) Use permanent signage, or

(ii) Use painted letters.

(B) Place oxygen and fuel gas manifolds in safe, well ventilated and accessible locations.

(D) Limit the total capacity of fuel-gas cylinders connected to one manifold inside a building. The total capacity must not exceed 300 pounds (135.9 kg) of liquefied petroleum gas or 3,000 cubic feet (m3) of other fuel-gas, except as provided for in paragraph (a)(F).

(E) Separate more than one manifold connected to cylinders located in the same room by:

(i) At least 50 feet, or

(ii) A noncombustible partition that:

(I) Extends at least 18 inches above the tallest container and is not less than 5 feet high.

(II) Extends laterally at least 18 inches beyond the sides of the containers.

NOTE 2: 437-002-2102 Acetylene, requires noncombustible partitions used for oxygen and acetylene separation to extend 18 inches horizontally and vertically.

(III) Has a fire-resistance rating of at least one-half hour.

(F) Locate fuel-gas cylinders connected to one manifold having an aggregate capacity exceeding 300 pounds of liquefied petroleum gas or 3,000 cubic feet of other fuel-gas:

(i) Outdoors, or

(ii) In a separate building or room constructed in accordance with the rules on acetylene generators (14)(d)(H)(i), (d)(H)(ii), and (d)(H)(iii) and (14)(d)(I)(i), (d)(I)(ii), and (d)(I)(iii).

(G) Ensure that separate manifold buildings or rooms used for storage of calcium carbide and cylinders containing fuel gases:

(i) Are well-ventilated.

(ii) Do not have open flames for heat or lighting.

(iii) Are in compliance with Storage (6)(f)(B) when cylinders exceed 2000 cubic feet or 300 pounds of liquefied petroleum gas.

(H) Use approved pressure regulating devices on high-pressure fuel-gas manifolds.

(I) Use manifold hose connections that are not interchangeable on all ends of the supply hose that leads to the manifold.

(J) Keep hose connections free of grease and oil.

(K) Cap manifold and header hose connections when not in use.

(b) When working with oxygen and fuel gas manifolds you must not:

(A) Locate oxygen and fuel gas manifolds in enclosed or confined spaces.

(B) Use adaptors that permit the interchange of manifold hose connections.

(i) Damage the manifold

(ii) Interfere with the quick closing of the manifold valve(s).

(c) When using high-pressure oxygen manifolds (for use with cylinders having a Department of Transportation service pressure above 200 psig (1.36 MPa)) you must:

(A) Use manifolds that are either approved separately for each component part or approved as an assembled unit.

(B) Separate oxygen manifolds from fuel-gas cylinders or combustible materials (especially oil or grease) by a:

(i) Minimum distance of 20 feet, or

(ii) Noncombustible partition that complies with Compressed Gas Association (CGA) Pamphlet P-1 2008, 11th Edition, Safe Handling of Compressed Gases in Containers:

(I) Extends at least 18 inches above the tallest container and is not less than 5 feet high.

(II) Extends laterally at least 18 inches beyond the sides of the containers.

NOTE 2: 437-002-2102 Acetylene, requires noncombustible partitions used for oxygen and acetylene separation to extend 18 inches horizontally and vertically.

(III) Has a fire-resistance rating of at least one-half hour.

(C) Limit oxygen cylinders connected to one manifold to a total gas capacity of 6,000 cubic feet except as provided in paragraph (c)(E).

(D) Separate manifolds by:

(i) At least 50 feet, or

(ii) A noncombustible partition that complies with Compressed Gas Association (CGA) Pamphlet P-1 2008, 11th Edition, Safe Handling of Compressed Gases in Containers:

(I) Extends at least 18 inches above the tallest container and not less than 5 feet high.

(II) Extends laterally at least 18 inches beyond the sides of the containers.

NOTE 2: 437-002-2102 Acetylene, requires noncombustible partitions used for oxygen and acetylene separation to extend 18 inches horizontally and vertically.

(III) Has a fire-resistance rating of at least one-half hour.

(E) Locate an oxygen manifold inside a building having other occupancy, with an aggregate cylinder capacity of more than 6,000 cubic feet of oxygen, in a separate room that is:

(i) Of noncombustible construction having a fire-resistance rating of at least one-half hour, or

(ii) A noncombustible partition that complies with Compressed Gas Association (CGA) Pamphlet P-1 2008, 11th Edition, Safe Handling of Compressed Gases in Containers:

(I) Extends at least 18 inches above the tallest container and is not less than 5 feet high.

(II) Extends laterally at least 18 inches beyond the sides of the containers.

NOTE 2: 437-002-2102 Acetylene, requires noncombustible partitions used for oxygen and acetylene separation to extend 18 inches horizontally and vertically.

(III) Has a fire-resistance rating of at least one-half hour.

(F) Comply with NFPA 55, 2010 Edition, Compressed Gases and Cryogenic Fluid Code, when an oxygen manifold or oxygen bulk supply system has more than 20,000 cubic feet of oxygen (measured at 14.7 psia (101 kPa) and 700 F (21.1oC)), connected in service, ready for service, or unconnected reserves on hand at the site.

(G) Use approved pressure regulating devices on high-pressure oxygen manifolds.

(d) When using high pressure oxygen manifolds you must not locate them in an acetylene generator room.

(e) When using low-pressure oxygen manifolds with cylinders having a Department of Transportation service pressure not exceeding 200 psig (1.36 Mpa) you must:

(A) Use manifolds that:

(i) Are constructed for use with oxygen at a pressure of 250 psig.

(ii) Have a minimum bursting pressure of 1,000 psig.

(iii) Are protected by a safety relief device that will relieve at a maximum pressure of 500 psig.

NOTE: DOT-4L200 cylinders safety device relieve at a maximum pressure of 250 psig, or 235 psig if vacuum insulation is used.

(B) Use hose and hose connections subject to cylinder pressure that have a bursting pressure of 1,000 psig.

(D) Use oil-free non-combustible fluid for testing oxygen manifolds.

(E) Locate manifolds to comply with paragraphs (c)(B), (C), (D), (E), and (F) and all their parts.

(F) Post the following sign at each manifold:

Low-Pressure Manifold

Do Not Connect High-Pressure Cylinders

Maximum Pressure — 250 psig

(f) When using portable outlet headers you must:

(A) Equip each outlet on the service piping from which oxygen or fuel-gas is withdrawn, to supply a portable outlet header, with a readily accessible shutoff valve.

(B) Use hose and hose connections that comply with paragraph (a)(I) of this section when connecting the portable outlet header to the service piping.

(D) Provide a hydraulic back-pressure valve, installed at the inlet and preceding the service outlets, on portable fuel-gas service outlet headers unless one of the following is installed at each outlet and approved for use:

(i) Pressure-reducing regulator,

(ii) Back-flow check valve, or

(iii) Hydraulic back-pressure valve.

(E) Provide oxygen service header outlets with pressure reducing regulators or direct hose connections.

(F) Provide each valve assembly with a detachable outlet seal cap, chained or otherwise attached to the body of the valve on the portable header service outlet.

(G) Use materials and fabrication procedures for portable outlet headers that comply with the rule on Service Piping Systems paragraphs (13)(a)(A)–(L), (13)(b)(A)–(E), and (13)(f)(A)–(C).

(H) Provide frames for portable outlet headers that will:

(i) Secure the equipment in the correct operating position.

(ii) Protect them from damage during handling and operation.

(g) When using portable outlet headers you must not use them indoors except for temporary service when a direct supply outlet located on the service piping system cannot be accessed.

(h) To comply with manifold operation procedures you must:

(A) Ensure that cylinder manifolds are installed under the supervision of someone familiar with the proper practices with reference to their construction and use.

(B) Ensure all manifolds and parts used in methods of manifolding are used only for the gas or gases for which they are approved.

NOTE: For outdoor use only, and when the number of cylinders coupled does not exceed three, one flash arrester installed between the coupler block and regulator is acceptable.

(D) Install manifold acetylene and liquefied fuel-gas cylinders in a vertical position.

(E) Maintain approximately equal pressure in the gas cylinders connected to and discharged simultaneously through a common manifold.

(i) To comply with manifold operation procedures you must not connect more than 3,000 cubic feet of aggregate capacity of fuel-gas cylinders to a portable manifold inside a building.

(13) Service piping systems materials and designs.

(a) Service piping systems must use:

(A) Piping and fittings that comply with section 2, Industrial Gas and Air Piping Systems, of the American National Standard Code for Power Piping ASME B31.1 2010.

(B) At least Schedule 40 pipe and use fittings that are at least standard weight in sizes up to and including 6-inch nominal.

(C) Copper tubing that is Type K or L and complies with the Standard Specification for Seamless Copper Water Tube, ASTM B88-66a.

(D) Steel, wrought iron, brass or copper pipe, or seamless copper, brass or stainless steel tubing, except when stated otherwise.

(E) Stainless steel or copper alloys for oxygen piping and fittings when pressures exceed 700 psi.

(F) Hose connections and hose to connect the outlet of a manifold pressure regulator to piping, provided that the working pressure of the piping is 250 psi or less and they comply with the rules for hose and hose connections found in paragraphs (10) (a)(A), (10) (a)(K), (10) (b)(G), (10)(c)(A), and (10)(c)(B).

(G) Hose(s) that do not exceed 5 feet in length to connect manifold pressure regulators to piping.

(H) Hose that has a minimum bursting pressure of 1,000 psig (6.8 MPa).

(I) A piping system with a minimum design pressure of 250 psig when oxygen is supplied from a low-pressure oxygen manifold without an intervening pressure regulating device.

(J) Pressure regulating devices at each station outlet when the connected equipment is for use at pressures less than 250 psig (1.7 MPa).

(K) Steel or wrought iron piping for acetylene or acetylenic compounds.

(L) Unalloyed copper for acetylene or acetylenic compounds only with equipment listed as appropriate for its use.

(b) Piping joints must be treated as follows. You must:

(A) Weld, thread or flange joints in steel or wrought iron piping.

NOTE: Fittings, such as ells, tees, couplings, and unions, may be rolled, forged or cast steel, malleable iron or nodular iron.

(B) Weld, braze, thread, or flange brass or copper pipe joints.

(C) Braze socket type joints with silver-brazing alloy or similar high melting point (not less than 800° F (427° C)) filler metal.

(D) Braze joints or use approved gas tubing fittings in seamless copper, brass, or stainless steel tubing.

(E) Prohibit the use of gray or white cast iron fittings on piping joints.

(A) Internally examine and remove scale and dirt from fittings and lengths of pipe before assembly.

(B) Wash out oxygen pipe and fittings with a suitable solution which will effectively remove grease and dirt but will not react with oxygen.

NOTE: Hot water solutions of caustic soda or trisodium phosphate are effective cleaning agents for this purpose. Rinse and dry piping thoroughly after cleaning.

(D) Run all piping as directly as practicable.

(E) Protect piping against physical damage.

(F) Make allowances for piping expansion, contraction, jarring and vibration.

(G) Locate pipe laid underground below the frost line.

(H) Protect against corrosion.

(I) Weld or braze piping that is installed in tunnels, trenches or ducts.

(J) Install shutoff valves outside of tunnels, trenches or ducts.

(K) Provide good natural or forced ventilation when oxygen piping is installed in the same tunnel, trench or duct with fuel-gas pipelines.

(L) Drain low points in piping that carries moist gas into drip pots, constructed to permit pumping or draining out the condensate, at necessary intervals.

(M) Install drain valves having outlets normally closed with screw caps or plugs for draining low points in piping systems.

(N) Case or jacket pipes leading to the surface of the ground where necessary to prevent loosening or breaking.

(O) Install gas cocks or valves for all buildings at points where they will be readily accessible for shutting off the gas supply to these buildings in an emergency.

(P) Install a shutoff valve in the discharge line from the generator, gas holder, manifold or other source of supply.

(Q) Thoroughly blow out assembled piping with air, nitrogen or carbon dioxide to remove foreign materials.

(R) Blowout oxygen piping using oil-free air, oil-free nitrogen, or oil-free carbon dioxide:

NOTE: Air or inert gas may be used with other piping.

(S) Purge oxygen lines, using oil-free air, oil-free nitrogen, or oil-free carbon dioxide.

(T) Use pressure relief devices set to function at not more than the design pressure of the systems and that discharge upwards to a safe location.

(d) When installing piping systems you must not:

(A) Install shutoff valves in safety relief lines in such a manner that the safety relief device can be rendered ineffective.

(B) Have uncapped openings of flammable gas lines or other parts of equipment being purged of air or gas near open lights or other sources of ignition.

(D) Use valves outdoors, underground or in areas not readily accessible unless they are equipped with a means to secure them in the closed position.

(E) Weld or cut an acetylene or oxygen pipeline, including the attachment of hangers or supports, until the line has been purged.

(e) When painting and marking piping systems you must ensure that:

(A) Underground pipe and tubing and outdoor ferrous pipe and tubing is covered or painted with a suitable material for protection against corrosion.

(B) Aboveground piping systems are marked in accordance with the American National Standard Scheme for the Identification of Piping Systems, ASME A13.1 2007.

(f) When testing piping systems you must:

(A) Test and prove they are gas-tight at 1-1/2 times their maximum operating pressure.

(B) Thoroughly purge them of air before placing them in service.

(g) When testing piping systems you must not:

(A) Use flames to detect leaks.

(B) Purge flammable gas lines or other parts of equipment of air or gas when uncapped openings are near sources of ignition.

(h) When installing protective equipment, hose and regulators in service piping systems you must:

(A) Install and use equipment in the service for which it was approved and as recommended by the manufacturer.

(B) Install the protective equipment shown in Figures Q-1, Q-2, and Q-3 in portable outlet headers and fuel-gas and oxygen piping systems to prevent:

NOTE: When only a portion of a fuel-gas system is to be used with oxygen, only that portion need comply with paragraph (h)(A). Figures Q-1, Q-2, Q-3

(i) Backflow of oxygen into the fuel-gas supply system.

(ii) Passage of a flash back into the fuel-gas supply system.

(iii) Excessive back pressure of oxygen in the fuel-gas supply system.

NOTE: The three functions of the protective equipment may be combined in one device or may be provided by separate devices.

(i) As in Figure Q-1 in the main supply line, Figure Q-1, or

(ii) As in Figure Q-2 at the head of each branch line, or

(iii) As in Figure Q-3 at each location where fuel-gas is withdrawn.

(iv) As in Figure Q-2 or Figure Q-3 where branch lines are of 2 inch pipe size or larger or of substantial length.

(D) Install flash-back protection that will prevent flame from passing into the fuel-gas system.

(E) Provide an approved back-pressure relief device set at a pressure not greater than the pressure rating of the backflow or the flashback protection device, whichever is lower.

(F) Locate pressure-relief devices on the downstream side of backflow and flashback protection devices.

(G) Install pressure-relief device vents that are at least as large as the relief device inlet.

(H) Install pressure-relief vents without low points that may collect moisture.

(I) Install drip pots with drains closed with screw plugs or caps at the low points if low points are unavoidable.

(J) Install the vent end so it:

(i) Does not endanger personnel or property through gas discharge.

(ii) Is located away from ignition sources.

(iii) Terminates in a hood or bend.

(K) Maintain liquid levels when using a liquid in the pipeline protective equipment.

NOTE: Suitable antifreeze may be used to prevent freezing.

(L) Withdraw fuel-gas for use with equipment not requiring oxygen upstream of the piping protective devices.

(i) Station outlet protective equipment must:

(A) Have a check valve, pressure regulator, hydraulic seal, or combination of these devices at each station outlet, including those on portable headers.

(B) Have these devices as shown in Figures Q-1, Q-2, and Q-3 and designated as SF and SO.

(C) Use approved pipeline protective equipment (designated PF) located at the station outlet as in Figure Q-3, or an additional check valve, pressure regulator, or hydraulic seal is required.

(D) Have a shutoff valve (designated VF and VO) installed at each station outlet.

(E) Have a shutoff valve located on the upstream side of other station outlet equipment.

(F) Terminate the station outlet in a union connection that complies with the Compressed Gas Association (CGA) Pamphlet E-1 2009, 6th Edition, Standard for Rubber Welding Hose and Hose Connections for Gas Welding, Cutting, and Allied Processes and Compressed Gas Association (CGA) Pamphlet E-4 2010, 6th Edition, Standard for Gas Pressure Regulators if the outlet is equipped with a detachable regulator.

(G) Terminate in a union connection complying with the Compressed Gas Association (CGA) Pamphlet E-1 2009, 6th Edition, Standard for Rubber Welding Hose and Hose Connections for Gas Welding, Cutting, and Allied Processes if it is connected directly to a hose.

(H) Terminate in pipe threads to which permanent connections are to be made, such as to a machine.

(I) Have station outlets equipped with a detachable outlet seal cap secured in place.

(J) Use this cap to seal the outlet except when a hose, a regulator, or piping is attached.

(K) Be equipped with station outlets with approved backflow and flash-back protective devices when four or less torches are supplied from one station outlet through rigid piping provided:

(i) Each outlet from this piping is equipped with a shutoff valve, and

(ii) The fuel-gas capacity of any one torch does not exceed 15 cubic feet (0.42m3) per hour.

(14) Acetylene generators.

(a) When using acetylene generators you must:

(A) Use those that are of approved construction.

(B) Ensure they are plainly marked with:

(i) Maximum weight and size of carbide necessary for a single charge.

(ii) Manufacturer’s name and address.

(iii) Name or number of the type of generator.

(iv) Size of the carbide to be used on the generator nameplate.

(v) Rating and pressure limitations.

(C) Limit the total hourly output rate for which it is approved and marked. Unless specifically approved for higher ratings, carbide-feed generators must be rated at 1 cubic foot (0.028 m3) per hour per pound of carbide required for a single complete charge.

(D) Require regular operating of relief valves.

(E) Set relief valves to open at a pressure not in excess of 15 psig.

(F) Set hydraulic back pressure valves to open at a pressure not in excess of 20 psig.

(G) Locate the generator where the operator can maintain ample free, unobstructed operation and maintenance space around the generator to permit ready adjustment and charging.

(H) Ensure that all non-automatic generator water overflows are visible.

(I) Ensure that non-automatic generators are not used to generate acetylene at pressures exceeding 1 psig.

(b) When using stationary acetylene generators (automatic and non-automatic) you must:

(A) Place on a foundation where:

(i) The generator(s) is level.

(ii) No excessive strain will be placed on the generator or its connections.

(B) Ensure the generator(s) is grounded.

(D) Ensure there are no prohibited sources of ignition in outside generator houses or inside generator rooms unless the generators are prepared in accordance with paragraph (h)(H)(i) through (iv) of this section:

(E) Ensure that when a non-continuous connection to the water supply is used the supply line must terminate at a point not less than 2 inches above the regularly provided opening for filling so that the water can be observed as it enters the generator.

(F) Discharge generators through an open connection into a suitably vented outdoor receptacle or residue pit.

NOTE: An open connection for the sludge draw off is desirable to enable the generator operator to observe leakage of generator water from the drain valve or sludge cock.

(G) Provide a vent pipe for each generator.

(H) Rigidly install the escape or relief pipe:

(i) Without traps.

(ii) So condensation will drain back to the generator.

(I) Carry the full size escape or relief pipe to a suitable point outside the building.

(J) Terminate the escape or relief pipe in a hood or bend located at least 12 feet (3.7m) above the ground.

NOTE: It is preferable to terminate the escape or relief pipe above the roof, and as far away as practicable from windows or other openings into buildings and as far away as practicable from sources of ignition such as flues or chimneys and tracks used by locomotives.

(K) Route the generating chamber relief pipes separately to the outside so they are unobstructed by rain, snow, ice, insects, or birds.

(L) Locate the end of the relief pipes at least 3 feet (0.9 m) from combustible construction.

(M) Use gas holders constructed on the gasometer principle that has the bell suitably guided.

(N) Ensure the gas bell moves freely without tendency to bind and it has at least 2 inches (5 cm) clearance from the shell.

(O) Provide a compressor or booster cutoff at a point 12 inches (0.3 m) or more above the landing point of the bell.

(P) Ventilate the room in accordance with paragraph (d)(J) of this section when the gas holder is located indoors.

(Q) Heat and light the room in accordance with paragraphs (d)(K) and (d)(L), (M), (N), (O), and (R) of this section when the gas holder is located indoors.

(R) Protect gas holder seals against freezing when the gas holder is not located within a heated building.

(S) Provide means to stop the generator-feeding mechanism before the gas holder reaches the upper limit of its travel.

(T) Ensure that the gas capacity of the gas holder is not less than one-third of the hourly rating of the generator when the holder is connected to only one generator.

(U) Ensure if acetylene is used from the gas holder without increase in pressure at some points, but with increase in pressure by a compressor or booster pump at other points, then you must:

(i) Install approved piping protective devices in each supply line.

(ii) Locate a low-pressure protective device between the gas holder and the shop piping.

(iii) Locate the medium-pressure protective device between the compressor or booster pump and the shop piping (see Figure 1).

NOTE 1: Approved protective equipment (designated PF) is used to prevent backflow of oxygen into the fuel-gas supply system, passage of a flashback into the fuel-gas supply system; and excessive back pressure of oxygen in the fuel-gas supply system.

NOTE 2: The three functions of the protective equipment may be combined in one device or may be provided by separate devices. Figure 1.

(V) Use approved compressor or booster systems only.

(W) Ensure that wiring and electrical equipment in compressor or booster pump rooms or enclosures conform to the provisions of Subdivision S, Electrical, Class I, Division 2.

(X) Locate compressors and booster pump equipment:

(i) In well-ventilated areas and

(ii) Away from ignition sources including, but not limited to, open flames, electrical or mechanical sparks.

(Y) Provide compressor or booster pumps with pressure relief valves which will relieve pressure exceeding 15 psig:

(i) To a safe outdoor location as provided in paragraph (b)(G), (H), (I), (J), (K), and (L) of this section, or

(ii) By returning the gas to the inlet side or to the gas supply source.

(Z) Provide compressor or booster pump discharge outlets with approved protective equipment. (See Service Piping Systems (h) and (i)).

(A) Use common salt (sodium chloride) or other corrosive chemicals for protection against freezing.

(B) Supply water through a continuous connection to the generator unless the generator is provided with an:

(i) Adequate open overflow, or

(ii) Automatic water shutoff which will effectively prevent overfilling the generator.

(D) Interconnect generating chamber relief pipes.

(d) When outside generator houses and inside generator rooms for stationary acetylene generators are used, you must:

(A) Ensure that the walls, floors, and roofs of outside generator houses are of noncombustible construction.

(B) Separate the storage or manifolding of oxygen cylinders from the generator or carbide storage section by partition walls continuous from floor to roof or ceiling, of the type of construction stated in paragraph (d)(H)(i) thru (iii) of this section.

(i) Without openings.

(ii) Joined to the floor, other walls and ceiling or roof in a manner to create a permanent gastight joint.

(D) Locate exit doors so they are readily accessible in case of emergency.

(E) Provide explosion venting:

(i) For outside generator houses and inside generator rooms in exterior walls or roofs.

(ii) In areas equal to not less than 1 square foot (0.09 m2) per 50 cubic feet (1.4 m3) of room volume.

(iii) That consists of one or any combination of the following:

(I) Walls of light, noncombustible material preferably single-thickness,

(II) Single-strength glass;

(III) Lightly fastened hatch covers;

(IV) Lightly fastened swinging doors in exterior walls opening outward;

(V) Lightly fastened walls or roof designed to relieve at a maximum pressure of 25 pounds per square foot (0.001 MPa).

(F) Restrict the installation of acetylene generators inside buildings to buildings not exceeding one story in height.

NOTE: This does not prohibit such installation on the roof or top floor of a building exceeding such height.

(G) Enclose generators installed inside a building in a separate room.

(H) Ensure that the walls, partitions, floors, and ceilings of inside generator rooms:

(i) Are constructed from noncombustible materials having a fire-resistance rating of at least 1 hour floor to ceiling.

(ii) Are securely anchored.

(iii) Have at least one wall of the room be an exterior wall.

(I) Protect openings from an inside generator room to other parts of the building:

(i) By a swinging type, self-closing fire door for a Class B opening and having a rating of at least 1 hour.

(ii) With wired glass windows in partitions that are in approved metal frames with fixed sash.

(iii) By completing Installation in accordance with the Standard for the Installation of Fire Doors and Windows, NFPA 80-1970.

NOTE: Inside generator rooms built after July 1, 2014 must comply with NFPA 80-2013.

(J) Ventilate inside generator rooms or outside generator houses with vents located at floor and ceiling levels.

(K) Heat by steam, hot water, enclosed electrically heated elements or other indirect means.

(L) Ensure that generator houses or rooms have natural light during daylight hours.

(M) Restrict installation of electric lamps to fixed position where artificial lighting is necessary.

(N) Provide lamps with enclosures of glass or other noncombustible material so designed and constructed to prevent gas vapors from reaching the lamp or socket and to resist breakage.

(O) Use rigid conduit with threaded connections.

(P) Install lamps outside of wired-glass panels in gas-tight frames in the exterior walls or roof of the generator house or room.

(Q) Locate electric switches, telephones, and all other electrical apparatus which may cause a spark, outside the generator house or in a room or space separated from the generator room by a gas-tight partition, except:

(i) If they are specifically approved for use inside acetylene generator room.

(ii) Where the generator system is designed so that no carbide fill opening or other part of the generator is open to the generator house or room during the operation of the generator, and

(iii) When residue is carried in closed piping from the residue discharge valve to a point outside the generator house or room, and

(iv) Where electrical equipment in the generator house or room must conform to the provisions of Subpart S for Class I, Division 2 locations.

(R) Ensure that unauthorized persons do not enter outside generator houses or inside generator rooms.

(e) When outside generator houses and inside generator rooms for stationary acetylene generators are used, you must not:

(A) Locate openings in any outside generator house within 5 feet (1.5m) of any opening in another building.

(B) Use flames or fire to heat outside generator houses or inside generator rooms, or in any enclosure communicating with them.

(f) When using portable acetylene generators you must:

(A) Use those that are approved for portable use.

(B) Use them further than 10 feet (3m) from combustible materials other than the floor.

(D) Clean and recharge them and blow off the air mixture outside of buildings.

(E) Anchor them to the vehicles they are to be transported and used on.

(F) Turn off the vehicle motor during charging, cleaning, and generating processes.

(G) Locate portable generators at a safe distance from the welding position so they will not be exposed to sparks, slag, and misdirection of the torch flame or over heating from hot materials or processes.

(g) When using portable acetylene generators you must not:

(A) Use them in rooms with:

(i) A total volume less than the total gas-generating capacity per charge of all generators in the room (to obtain the gas-generating capacity in cubic feet per charge, multiply the pounds of carbide per charge by 4.5).

(ii) A ceiling height less than 10 feet (3 m).

(B) Use salt or other corrosive chemical to prevent freezing.

(D) Store those not in use in rooms where open flames are used unless the:

(i) Generator contains no carbide.

(ii) Generator has been thoroughly purged of acetylene.

(iii) Rooms are well ventilated.

(h) When providing maintenance and operating acetylene generators you must:

(A) Post operating instructions in a conspicuous place near the generator or keep those in a suitable place available for ready reference.

(B) Follow the order of operations specified in the manufacturer instructions when recharging generators.

(i) When the charge of carbide is exhausted.

(ii) Before additional carbide is added to the generating chamber, and

(D) Renew the water supply according to instruction card furnished by the manufacturer.

(E) Add enough carbide each time the generator is recharged to refill the space provided for carbide without ramming the charge.

(F) Keep the generator water chambers filled to the proper level at all times except while draining during the recharging operation.

(G) Fill the water chamber to the proper level whenever:

(i) Repairs are to be made.

(ii) The generator is to be charged.

(iii) Carbide is to be removed.

(H) Do the following before making repairs involving welding, soldering, or other hot work or other operations which produce a source of ignition:

(i) Completely remove the carbide charge and feed mechanism.

(ii) Expel all acetylene by completely flooding the generator shell with water.

(iii) Disconnect the generator from the piping system.

(iv) Keep the generator filled with water, if possible, or positioned to hold as much water as possible.

(i) When maintaining or operating acetylene generators you must not:

(A) Discharge water-carbide residue from the generator:

(i) Into sewer pipes, or

(ii) Store in areas near open flames.

NOTE: Clear water from residue settling pits may be discharged into sewer pipes.

(B) Use steel or ferrous tools while distributing the charge.

(C) Make hot repairs in a room where there are other generators unless all the generators and piping have been purged of acetylene.

(15) Storing of calcium carbide.

(a) Packaging of calcium carbide must:

(A) Be in containers that are:

(i) Constructed from metal having sufficient strength to prevent rupture.

(ii) Equipped with a screw top or equivalent.

(iii) Constructed to be water-and-air-tight.

(iv) Soldered in a manner that the package will not fail if exposed to fire.

(B) Ensure that the packages are conspicuously marked “Calcium Carbide — Dangerous If Not Kept Dry” or with equivalent warning.

(C) Make known this caution: “Metal tools, even the so-called spark resistant type may cause ignition of an acetylene and air mixture when opening carbide containers”.

(b) When storing calcium carbide indoors you must:

(A) Store in dry, waterproof, well-ventilated locations when quantities of 600 pounds or less are being stored.

(B) Keep packages of calcium carbide sealed, except one of each size may be open.

(i) In accordance with paragraph (b)(D)(i), (ii), (I) through (III) of this section;

(ii) In an inside generator room or outside generator house; or

(iii) In a separate room in a one-story building which may contain other occupancies, but without cellar or basement beneath the carbide storage section. Such rooms must be constructed in accordance with paragraphs (d)(H)(i) through (iii) and (d)(I)(i) and (ii) of this section and ventilated in accordance with paragraph (d)(J) of this section. These rooms must be used for no other purpose.

(D) Store calcium carbide in excess of 5,000 pounds (2,268 kg) in:

(i) An outside generator houses, or

(ii) A one story building without cellar or basement and used for no other purpose:

(I) If the storage building is of noncombustible construction, it may adjoin other one-story buildings if they are separated by unpierced firewalls.

(II) If the storage building is detached and less than 10 feet (3 m) from a building or buildings, there must not be an opening in any of the mutually exposing sides of such buildings within 10 feet (3 m).

(III) If the storage building is of combustible construction, it must be at least 30 feet (9.1 m) from any other building exceeding two stories.

(A) Store more than 600 pounds of calcium carbide in the same room with fuel-gas cylinders.

(B) Break the seals when there is carbide in excess of 1 pound (0.5 kg) in any other unsealed package of the same size of carbide in the room.

(d) When storing calcium carbide outdoors you must:

(A) Examine carbide containers to make sure they are in good condition.

(B) Place the bottom tier of each row on wooden planking or equivalent so containers will not contact the ground or ground water.

(D) Ensure the carbide containers that are stored the longest are used first.

(E) Only store in unopened air and water tight metal containers.

(F) Store only those containers that are unopened.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 7-2017, minor correction filed 10/18/2017, effective 10/18/2017
OSHA 6-2014, f. 10-28-14, cert. ef. 5-1-15

Or. Admin. R. 437-002-2300 General

(1) Application. Division 2/RR covers the operation and maintenance of electric power generation, control, transformation, transmission, and distribution lines and equipment. These provisions apply to:

(a) Power generation, transmission, and distribution installations, including related equipment for the purpose of communication or metering that are accessible only to qualified employees;

NOTE to paragraph (1)(a): The types of installations covered by this paragraph include the generation, transmission, and distribution installations of electric utilities, as well as equivalent installations of industrial establishments. This includes facilities producing electric energy from other forms of energy, including but not limited to thermal, hydroelectric, photovoltaic, wind-generated, wave energy, and chemical energy from fuel cells and batteries. Division 2/S covers supplementary electric generating equipment that is used to supply a workplace for emergency, standby, or similar purposes only.

(b) Other installations at an electric power generating station, as follows:

(A) Fuel and ash handling and processing installations, such as coal conveyors,

(B) Water and steam installations, such as penstocks, pipelines, and tanks, providing a source of energy for electric generators, and

(c) Test sites where employees perform electrical testing involving temporary measurements associated with electric power generation, transmission, and distribution in laboratories, in the field, in substations, and on lines, as opposed to metering, relaying, and routine line work;

(d) Work on, or directly associated with, the installations covered in paragraphs (1)(a) through (1)(C) of this rule; and

(e) Line-clearance tree-trimming performed for the purpose of clearing space around electric power generation, transmission, or distribution lines or equipment and on behalf of an organization that operates, or that controls the operating procedures for, those lines or equipment, as follows:

(A) Entire Division 2/RR , except paragraph (1) of 437-002-2317, applies to line-clearance tree trimming covered by the introductory text to paragraph (1)(e) of 437-002-2300 when performed by qualified employees (those who are knowledgeable in the construction and operation of the electric power generation, transmission, or distribution equipment involved, along with the associated hazards).

(B) Rules 437-002-2300(2), (3); 437-002-2301, 437-002-2302, 437-002-2306, 437-002-2310, 437-002-2315, and 437-002-2317 of Division 2/RR apply to line-clearance tree trimming covered by the introductory text to paragraph (1)(e) of 437-002-2300 when performed by line-clearance tree trimmers who are not qualified employees.

(f) Notwithstanding paragraph (1)(a) of this rule, Division 2/RR does not apply to electrical installations, electrical safety-related work practices, or electrical maintenance considerations covered by Division 2/S or Division 3/K.

NOTE 1 to paragraph (1)(f): Oregon OSHA considers work practices conforming to 1910.332 through 1910.335 of Division 2/S as complying with the electrical safety-related work-practice requirements of Division 2/RR identified in Table 1 of Appendix A-2 to Division 2/RR, provided that employers are performing the work on a generation or distribution installation meeting 1910.303 through 1910.308 of Division 2/S. This table also identifies provisions in Division 2/RR that apply to work by qualified persons directly on, or associated with, installations of electric power generation, transmission, and distribution lines or equipment, regardless of compliance with 1910.332 through 1910.335 of Division 2/S.

NOTE 2 to paragraph (1)(f): Oregon OSHA considers work practices performed by qualified persons and conforming to Division 2/RR as complying with 1910.333(c) and 1910.335 of Division 2/S.

(g) Division 2/RR applies in addition to all other applicable standards contained in Division 2. Employers covered under Division 2/RR are not exempt from complying with other applicable provisions in Division 2 by the operation of 1910.5(c) of Division 2. Specific references in Division 2/RR to other subdivisions are for emphasis only.

(h) Division 2/RR also covers the construction of electric power transmission and distribution lines and equipment. As used in this Subdivision, the term "construction" includes the erection of new electric transmission and distribution lines and equipment, and the alteration, conversion, and improvement of existing electric transmission and distribution lines and equipment. Division 2/RR applies to safety-related work practices for qualified employees.

(i) This rule applies in addition to all other applicable standards contained in Division 3, relating to construction activities. Employers engaged in construction activities covered under Division 2/RR are not exempt from complying with other applicable provisions in Division 3 by the operation of 437-003-0005 Additional Applicability, of Division 3/A. Specific references in Division 2/RR to other subdivisions of Division 3 are provided for emphasis only.

(2) Training.

(a) All employees performing work covered by this rule must be trained as follows:

(A) Each employee must be trained in, and familiar with, the safety-related work practices, safety procedures, and other safety requirements in this rule that pertain to their job assignments.

(B) Each employee must also be trained in and familiar with any other safety practices, including applicable emergency procedures (such as pole-top and manhole rescue), that are not specifically addressed by this rule but that are related to their work and are necessary for their safety.

(b) Each qualified employee must also be trained and competent in:

(A) The skills and techniques necessary to distinguish exposed live parts from other parts of electric equipment,

(B) The skills and techniques necessary to determine the nominal voltage of exposed live parts,

(C) The minimum approach distances specified in this rule corresponding to the voltages to which the qualified employee will be exposed and the skills and techniques necessary to maintain those distances,

(D) The proper use of the special precautionary techniques, personal protective equipment, insulating and shielding materials, and insulated tools for working on or near exposed energized parts of electric equipment, and

(E) The recognition of electrical hazards to which the employee may be exposed and the skills and techniques necessary to control or avoid these hazards.

NOTE to paragraph (2)(b): For the purposes of this rule, a person must have the training required by paragraph (2)(b) of this rule to be considered a qualified employee.

(A) The skills and techniques necessary to distinguish exposed live parts from other parts of electric equipment,

(B) The skills and techniques necessary to determine the nominal voltage of exposed live parts, and

(C) The minimum approach distances specified in this rule corresponding to the voltages to which the employee will be exposed and the skills and techniques necessary to maintain those distances.

(d) The employer must determine, through regular supervision and through inspections conducted on at least an annual basis, that each employee is complying with the safety-related work practices required by this rule.

(e) An employee must receive additional training (or retraining) under any of the following conditions:

(A) If the supervision or annual inspections required by paragraph (2)(d) of this rule indicate that the employee is not complying with the safety-related work practices required by this rule, or

(B) If new technology, new types of equipment, or changes in procedures necessitate the use of safety-related work practices that are different from those which the employee would normally use, or

NOTE to paragraph (2)(e)(C): Oregon OSHA considers tasks that are performed less often than once per year to necessitate retraining before the performance of the work practices involved.

(f) The training required by paragraph (a)(2) of this rule must be of the classroom or on-the-job type.

(g) The training must establish employee proficiency in the work practices required by this rule and must introduce the procedures necessary for compliance with this rule.

(h) The employer must ensure that each employee has demonstrated proficiency in the work practices involved before that employee is considered as having completed the training required by paragraph (a)(2) of this rule.

NOTE 1 to paragraph (2)(h): Though they are not required by this paragraph, employment records that indicate that an employee has successfully completed the required training are one way of keeping track of when an employee has demonstrated proficiency.

NOTE 2 to paragraph (2)(h): For an employee with previous training, an employer may determine that that employee has demonstrated the proficiency required by this paragraph using the following process:

(1) Confirm that the employee has the training required by paragraph (a)(2) of this rule,

(2) Use an examination or interview to make an initial determination that the employee understands the relevant safety-related work practices before they perform any work covered by this rule, and

(3) Supervise the employee closely until that employee has demonstrated proficiency as required by this paragraph.

(3) Information transfer.

(a) Before work begins, the host employer must inform contract employers of:

(A) The characteristics of the host employer's installation that are related to the safety of the work to be performed and are listed in paragraphs (4)(a) through (4)(e) of this rule;

NOTE to paragraph (3)(a)(A): This paragraph requires the host employer to obtain information listed in paragraphs (4)(a) through (4)(e) of this rule if it does not have this information in existing records.

(B) Conditions that are related to the safety of the work to be performed, that are listed in paragraphs (4)(f) through (4)(h) of this rule, and that are known to the host employer;

NOTE to paragraph (3)(a)(B): For the purposes of this paragraph, the host employer need only provide information to contract employers that the host employer can obtain from its existing records through the exercise of reasonable diligence. This paragraph does not require the host employer to make inspections of worksite conditions to obtain this information.

(C) Information about the design and operation of the host employer's installation that the contract employer needs to make the assessments required by this rule; and

NOTE to paragraph (3)(a)(C): This paragraph requires the host employer to obtain information about the design and operation of its installation that contract employers need to make required assessments if it does not have this information in existing records.

(D) Any other information about the design and operation of the host employer's installation that is known by the host employer, that the contract employer requests, and that is related to the protection of the contract employer's employees.

NOTE to paragraph (3)(a)(D): For the purposes of this paragraph, the host employer need only provide information to contract employers that the host employer can obtain from its existing records through the exercise of reasonable diligence. This paragraph does not require the host employer to make inspections of worksite conditions to obtain this information.

(b) Contract employers must comply with the following requirements:

(A) The contract employer must ensure that each of its employees is instructed in the hazardous conditions relevant to the employee's work that the contract employer is aware of as a result of information communicated to the contract employer by the host employer under paragraph (3)(a) of this rule.

(B) Before work begins, the contract employer must advise the host employer of any unique hazardous conditions presented by the contract employer's work.

(C) The contract employer must advise the host employer of any unanticipated hazardous conditions found during the contract employer's work that the host employer did not mention under paragraph (3)(a) of this rule. The contract employer must provide this information to the host employer within 2 working days after discovering the hazardous condition.

(c) The contract employer and the host employer must coordinate their work rules and procedures so that each employee of the contract employer and the host employer is protected as required by this rule.

(4) Existing characteristics and conditions. Existing characteristics and conditions of electric lines and equipment that are related to the safety of the work to be performed must be determined before work on or near the lines or equipment is started. Such characteristics and conditions include, but are not limited to:

(a) The nominal voltages of lines and equipment,

(b) The maximum switching-transient voltages,

(d) The presence of protective grounds and equipment grounding conductors,

(e) The locations of circuits and equipment, including electric supply lines, communication lines, and fire-protective signaling circuits,

(f) The condition of protective grounds and equipment grounding conductors,

(g) The condition of poles, and

(h) Environmental conditions relating to safety.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2301 Medical Services and First Aid

When employees are performing General Industry activities, the employer must provide medical services and first aid as required by 437-002-0161. When employees are performing Construction activities, the employer must provide medical services and first aid as required by 1926.50. In addition to the requirements of 437-002-0161 and 1926.50, the following requirements also apply:

(1) First-aid/CPR training. When employees are performing work on, or associated with, exposed lines or equipment energized at 50 volts or more, persons with first-aid/CPR training must be available as follows:

(a) For field work involving two or more employees at a work location, at least two trained persons must be available. However, for line-clearance tree trimming operations performed by line-clearance tree trimmers who are not qualified employees, only one trained person need be available if all new employees are trained in first aid/CPR within 3 months of their hiring dates.

(b) For fixed work locations such as substations, the number of trained persons available must be sufficient to ensure that each employee exposed to electric shock can be reached within 4 minutes by a trained person. However, where the existing number of employees is insufficient to meet this requirement (at a remote substation, for example) each employee at the work location must be a trained employee.

(2) First-aid supplies. First-aid supplies required by 437-002-0161 and 1926.50 must be placed in weatherproof containers if the supplies could be exposed to the weather.

(3) First-aid kits. The employer must maintain each first-aid kit and ensure that it is readily available for use.

(a) For employers involved in general industry activities, the first aid kit must be inspected frequently enough to ensure that expended items are replaced, and at least once per year.

(b) For employers involved in construction activities, the first-aid supplies must be in individual sealed packages for each type of item, must be checked by the employer before being sent out to each job, and at least weekly to ensure expended items are replaced.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2302 Job Briefing

(1) Before each job.

(a) In assigning an employee or a group of employees to perform a job, the employer must provide the employee in charge of the job with all available information that relates to the determination of existing characteristics and conditions required by paragraph (4) of 437-002-2300.

(b) The employer must ensure that the employee in charge conducts a job briefing that meets paragraphs (2), (3), and (4) of this rule with the employees involved before they start each job.

(2) Subjects to be covered. The briefing must cover at least the following subjects:

(a) Hazards associated with the job

(b) Work procedures involved

(d) Energy-source controls

(e) Personal protective equipment requirements

(3) Number of briefings.

(a) At least one job briefing must be conducted before the start of the first job of each day or shift even if the work or operations to be performed during the work day or shift are repetitive and similar.

(b) Additional job briefings must be held if significant changes, which might affect the safety of the employees, occur during the course of the work.

(4) Extent of briefing.

(a) A brief discussion is satisfactory if the work involved is routine and if the employees, by virtue of training and experience, can reasonably be expected to recognize and avoid the hazards involved in the job.

(b) A more extensive discussion must be conducted:

(A) If the work is complicated or particularly hazardous, or

(B) If the employee cannot be expected to recognize and avoid the hazards involved in the job.

(5) Working alone. An employee working alone need not conduct a job briefing. However, the employer must ensure that the tasks to be performed are planned as if a briefing were required.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2303 Hazardous Energy Control Procedures

(1) Application. The provisions of this rule apply to the use of hazardous energy control procedures for the control of energy sources in installations for the purpose of electric power generation, including related equipment for communication or metering. Clearance procedures and hazardous energy control procedures for the deenergizing of electric energy sources that are used exclusively for purposes of transmission and distribution, and construction activities, are addressed in 437-002-2312 Deenergizing lines and equipment for employee protection.

NOTE: Installations in electric power generation facilities that are not an integral part of, or inextricably commingled with, power generation processes or equipment are covered under 1910.147 and Division 2/S, Electrical.

(2) General.

(a) The employer must establish a program consisting of energy control procedures, employee training, and periodic inspections to ensure that, before any employee performs any servicing or maintenance on a machine or equipment where the unexpected energizing, start up, or release of stored energy could occur and cause injury, the machine or equipment is isolated from the energy source and rendered inoperative.

(b) The employer's energy control program under paragraph (2) of this rule must meet the following requirements:

(A) If an energy isolating device is not capable of being locked out, the employer's program must use a tagout system.

(B) If an energy isolating device is capable of being locked out, the employer's program must use lockout, unless the employer can demonstrate that the use of a tagout system will provide full employee protection as follows:

(i) When a tagout device is used on an energy isolating device that is capable of being locked out, the tagout device must be attached at the same location that the lockout device would have been attached, and the employer must demonstrate that the tagout program will provide a level of safety equivalent to that obtained by the use of a lockout program.

(ii) In demonstrating that a level of safety is achieved in the tagout program equivalent to the level of safety obtained by the use of a lockout program, the employer must demonstrate full compliance with all tagout-related provisions of this standard together with such additional elements as are necessary to provide the equivalent safety available from the use of a lockout device. Additional means to be considered as part of the demonstration of full employee protection must include the implementation of additional safety measures such as the removal of an isolating circuit element, blocking of a controlling switch, opening of an extra disconnecting device, or the removal of a valve handle to reduce the likelihood of inadvertent energizing.

(C) After November 1, 1994, whenever replacement or major repair, renovation, or modification of a machine or equipment is performed, and whenever new machines or equipment are installed, energy isolating devices for such machines or equipment must be designed to accept a lockout device.

(c) Procedures must be developed, documented, and used for the control of potentially hazardous energy covered in 437-002-2303.

(d) The procedure must clearly and specifically outline the scope, purpose, responsibility, authorization, rules, and techniques to be applied to the control of hazardous energy, and the measures to enforce compliance including, but not limited to, the following:

(A) A specific statement of the intended use of this procedure;

(B) Specific procedural steps for shutting down, isolating, blocking and securing machines or equipment to control hazardous energy;

(C) Specific procedural steps for the placement, removal, and transfer of lockout devices or tagout devices and the responsibility for them; and

(D) Specific requirements for testing a machine or equipment to determine and verify the effectiveness of lockout devices, tagout devices, and other energy control measures.

(e) The employer must conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the provisions of 437-002-2303 are being followed.

(A) The periodic inspection must be performed by an authorized employee who is not using the energy control procedure being inspected.

(B) The periodic inspection must be designed to identify and correct any deviations or inadequacies.

(C) If lockout is used for energy control, the periodic inspection must include a review, between the inspector and each authorized employee, of that employee's responsibilities under the energy control procedure being inspected.

(D) Where tagout is used for energy control, the periodic inspection must include a review, between the inspector and each authorized and affected employee, of that employee's responsibilities under the energy control procedure being inspected, and the elements set forth in paragraph (2)(g) of this rule.

(E) The employer must certify that the inspections required by paragraph (2)(e) of this rule have been accomplished. The certification must identify the machine or equipment on which the energy control procedure was being used, the date of the inspection, the employees included in the inspection, and the person performing the inspection.

NOTE to paragraph (2)(e)(E): If normal work schedule and operation records demonstrate adequate inspection activity and contain the required information, no additional certification is required.

(f) The employer must provide training to ensure that the purpose and function of the energy control program are understood by employees and that the knowledge and skills required for the safe application, usage, and removal of energy controls are acquired by employees. The training must include the following:

(A) Each authorized employee must receive training in the recognition of applicable hazardous energy sources, the type and magnitude of energy available in the workplace, and in the methods and means necessary for energy isolation and control.

(B) Each affected employee must be instructed in the purpose and use of the energy control procedure.

(C) All other employees whose work operations are or may be in an area where energy control procedures may be used must be instructed about the procedures and about the prohibition relating to attempts to restart or reenergize machines or equipment that are locked out or tagged out.

(g) When tagout systems are used, employees must also be trained in the following limitations of tags:

(A) Tags are essentially warning devices affixed to energy isolating devices and do not provide the physical restraint on those devices that is provided by a lock.

(B) When a tag is attached to an energy isolating means, it is not to be removed without authorization of the authorized person responsible for it, and it is never to be bypassed, ignored, or otherwise defeated.

(C) Tags must be legible and understandable by all authorized employees, affected employees, and all other employees whose work operations are or may be in the area, in order to be effective.

(D) Tags and their means of attachment must be made of materials which will withstand the environmental conditions encountered in the workplace.

(E) Tags may evoke a false sense of security, and their meaning needs to be understood as part of the overall energy control program.

(F) Tags must be securely attached to energy isolating devices so that they cannot be inadvertently or accidentally detached during use.

(h) Retraining must be provided by the employer as follows:

(A) Retraining must be provided for all authorized and affected employees whenever there is a change in their job assignments, a change in machines, equipment, or processes that present a new hazard or whenever there is a change in the energy control procedures.

(B) Retraining must also be conducted whenever a periodic inspection under paragraph (2)(e) of this rule reveals, or whenever the employer has reason to believe, that there are deviations from or inadequacies in an employee's knowledge or use of the energy control procedures.

(C) The retraining must reestablish employee proficiency and must introduce new or revised control methods and procedures, as necessary.

(i) The employer must certify that employee training has been accomplished and is being kept up to date. The certification must contain each employee's name and dates of training.

(3) Protective materials and hardware.

(a) Locks, tags, chains, wedges, key blocks, adapter pins, self-locking fasteners, or other hardware must be provided by the employer for isolating, securing, or blocking of machines or equipment from energy sources.

(b) Lockout devices and tagout devices must be singularly identified; must be the only devices used for controlling energy; may not be used for other purposes; and must meet the following requirements:

(A) Lockout devices and tagout devices must be capable of withstanding the environment to which they are exposed for the maximum period of time that exposure is expected.

(i) Tagout devices must be constructed and printed so that exposure to weather conditions or wet and damp locations will not cause the tag to deteriorate or the message on the tag to become illegible.

(ii) Tagout devices must be so constructed as not to deteriorate when used in corrosive environments.

(B) Lockout devices and tagout devices must be standardized within the facility in at least one of the following criteria: color, shape, size. Additionally, in the case of tagout devices, print and format must be standardized.

(C) Lockout devices must be substantial enough to prevent removal without the use of excessive force or unusual techniques, such as with the use of bolt cutters or metal cutting tools.

(D) Tagout devices, including their means of attachment, must be substantial enough to prevent inadvertent or accidental removal. Tagout device attachment means must be of a non-reusable type, attachable by hand, self-locking, and nonreleasable with a minimum unlocking strength of no less than 50 pounds and must have the general design and basic characteristics of being at least equivalent to a one-piece, all-environment-tolerant nylon cable tie.

(E) Each lockout device or tagout device must include provisions for the identification of the employee applying the device.

(F) Tagout devices must warn against hazardous conditions if the machine or equipment is energized and must include a legend such as the following: Do Not Start, Do Not Open, Do Not Close, Do Not Energize, Do Not Operate.

NOTE to paragraph (3)(b)(F): For specific provisions covering accident prevention tags, see 1910.145.

(4) Energy isolation. Lockout and tagout device application and removal may only be performed by the authorized employees who are performing the servicing or maintenance.

(5) Notification. Affected employees must be notified by the employer or authorized employee of the application and removal of lockout or tagout devices. Notification must be given before the controls are applied and after they are removed from the machine or equipment.

NOTE to paragraph (5): See also paragraph (7) of this rule, which requires that the second notification take place before the machine or equipment is reenergized.

(6) Lockout/tagout application. The established procedures for the application of energy control (the lockout or tagout procedures) must include the following elements and actions, and these procedures must be performed in the following sequence:

(a) Before an authorized or affected employee turns off a machine or equipment, the authorized employee must have knowledge of the type and magnitude of the energy, the hazards of the energy to be controlled, and the method or means to control the energy.

(b) The machine or equipment must be turned off or shut down using the procedures established for the machine or equipment. An orderly shutdown must be used to avoid any additional or increased hazards to employees as a result of the equipment stoppage.

(c) All energy isolating devices that are needed to control the energy to the machine or equipment must be physically located and operated in such a manner as to isolate the machine or equipment from energy sources.

(d) Lockout or tagout devices must be affixed to each energy isolating device by authorized employees.

(A) Lockout devices must be attached in a manner that will hold the energy isolating devices in a "safe" or "off" position.

(B) Tagout devices must be affixed in such a manner as will clearly indicate that the operation or movement of energy isolating devices from the "safe" or "off" position is prohibited.

(i) Where tagout devices are used with energy isolating devices designed with the capability of being locked out, the tag attachment must be fastened at the same point at which the lock would have been attached.

(ii) Where a tag cannot be affixed directly to the energy isolating device, the tag must be located as close as safely possible to the device, in a position that will be immediately obvious to anyone attempting to operate the device.

(e) Following the application of lockout or tagout devices to energy isolating devices, all potentially hazardous stored or residual energy must be relieved, disconnected, restrained, or otherwise rendered safe.

(f) If there is a possibility of reaccumulation of stored energy to a hazardous level, verification of isolation must be continued until the servicing or maintenance is completed or until the possibility of such accumulation no longer exists.

(g) Before starting work on machines or equipment that have been locked out or tagged out, the authorized employee must verify that isolation and deenergizing of the machine or equipment have been accomplished. If normally energized parts will be exposed to contact by an employee while the machine or equipment is deenergized, a test must be performed to ensure that these parts are deenergized.

(7) Release from lockout/tagout. Before lockout or tagout devices are removed and energy is restored to the machine or equipment, procedures must be followed and actions taken by the authorized employees to ensure the following:

(a) The work area must be inspected to ensure that nonessential items have been removed and that machine or equipment components are operationally intact.

(b) The work area must be checked to ensure that all employees have been safely positioned or removed.

(c) After lockout or tagout devices have been removed and before a machine or equipment is started, affected employees must be notified that the lockout or tagout devices have been removed.

(d) Each lockout or tagout device must be removed from each energy isolating device by the authorized employee who applied the lockout or tagout device. However, if that employee is not available to remove it, the device may be removed under the direction of the employer, provided that specific procedures and training for such removal have been developed, documented, and incorporated into the employer's energy control program. The employer must demonstrate that the specific procedure provides a degree of safety equivalent to that provided by the removal of the device by the authorized employee who applied it. The specific procedure must include at least the following elements:

(A) Verification by the employer that the authorized employee who applied the device is not at the facility;

(B) Making all reasonable efforts to contact the authorized employee to inform him or her that his or her lockout or tagout device has been removed; and

(8) Additional requirements.

(a) If the lockout or tagout devices must be temporarily removed from energy isolating devices and the machine or equipment must be energized to test or position the machine, equipment, or component thereof, the following sequence of actions must be followed:

(A) Clear the machine or equipment of tools and materials in accordance with paragraph (7)(a) of this rule;

(B) Remove employees from the machine or equipment area in accordance with paragraphs (7)(b) and (7)(c) of this rule;

(D) Energize and proceed with the testing or positioning; and

(E) Deenergize all systems and reapply energy control measures in accordance with paragraph (6) of this rule to continue the servicing or maintenance.

(b) When servicing or maintenance is performed by a crew, craft, department, or other group, they must use a procedure which affords the employees a level of protection equivalent to that provided by the implementation of a personal lockout or tagout device. Group lockout or tagout devices must be used in accordance with the procedures required by paragraphs (2)(c) and (2)(d) of this rule including, but not limited to, the following specific requirements:

(A) Primary responsibility must be vested in an authorized employee for a set number of employees working under the protection of a group lockout or tagout device (such as an operations lock);

(B) Provision must be made for the authorized employee to ascertain the exposure status of all individual group members with regard to the lockout or tagout of the machine or equipment;

(C) When more than one crew, craft, department, or other group is involved, assignment of overall job-associated lockout or tagout control responsibility must be given to an authorized employee designated to coordinate affected work forces and ensure continuity of protection; and

(D) Each authorized employee must affix a personal lockout or tagout device to the group lockout device, group lockbox, or comparable mechanism when he or she begins work and must remove those devices when he or she stops working on the machine or equipment being serviced or maintained.

(c) Procedures must be used during shift or personnel changes to ensure the continuity of lockout or tagout protection, including provision for the orderly transfer of lockout or tagout device protection between off-going and on-coming employees, to minimize their exposure to hazards from the unexpected energizing or start-up of the machine or equipment or from the release of stored energy.

(d) Whenever outside servicing personnel are to be engaged in activities covered in 437-002-2303, the on-site employer and the outside employer must inform each other of their respective lockout or tagout procedures, and each employer must ensure that his or her personnel understand and comply with restrictions and prohibitions of the energy control procedures being used.

(e) If energy isolating devices are installed in a central location and are under the exclusive control of a system operator, the following requirements apply:

(A) The employer must use a procedure that affords employees a level of protection equivalent to that provided by the implementation of a personal lockout or tagout device.

(B) The system operator must place and remove lockout and tagout devices in place of the authorized employee under paragraphs (4), (6)(d), and (7)(d) of this rule.

(C) Provisions must be made to identify the authorized employee who is responsible for (that is, being protected by) the lockout or tagout device, to transfer responsibility for lockout and tagout devices, and to ensure that an authorized employee requesting removal or transfer of a lockout or tagout device is the one responsible for it before the device is removed or transferred.

NOTE to 437-002-2303: Lockout and tagging procedures that comply with paragraphs (c) through (f) of 1910.147 will also be deemed to comply with 437-002-2303 if the procedures address the hazards covered by 437-002-2303.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2304 Enclosed Spaces

This rule covers enclosed spaces that may be entered by employees. It does not apply to vented vaults if the employer makes a determination that the ventilation system is operating to protect employees before they enter the space. This rule applies to routine entry into enclosed spaces in lieu of the confined space entry requirements contained in 437-002-0146 (4) through (11). If, after the employer takes the precautions given in 437-002-2304 and 437-002-2319 of Division 2/RR, the hazards remaining in the enclosed space endanger the life of an entrant or could interfere with an entrant's escape from the space, then entry into the enclosed space must meet the permit-space entry requirements of 437-002-0146 (4) through (11), Confined spaces, in Division 2/J.

(1) Safe work practices. The employer must ensure the use of safe work practices for entry into, and work in, enclosed spaces and for rescue of employees from such spaces.

(2) Training. Each employee who enters an enclosed space or who serves as an attendant must be trained in the hazards of enclosed-space entry, in enclosed-space entry procedures, and in enclosed-space rescue procedures.

(3) Rescue equipment. Employers must provide equipment to ensure the prompt and safe rescue of employees from the enclosed space.

(4) Evaluating potential hazards. Before any entrance cover to an enclosed space is removed, the employer must determine whether it is safe to do so by checking for the presence of any atmospheric pressure or temperature differences and by evaluating whether there might be a hazardous atmosphere in the space. Any conditions making it unsafe to remove the cover must be eliminated before the cover is removed.

NOTE to paragraph (4): The determination called for in this paragraph may consist of a check of the conditions that might foreseeably be in the enclosed space. For example, the cover could be checked to see if it is hot and, if it is fastened in place, could be loosened gradually to release any residual pressure. An evaluation also needs to be made of whether conditions at the site could cause a hazardous atmosphere, such as an oxygen-deficient or flammable atmosphere, to develop within the space.

(5) Removing covers. When covers are removed from enclosed spaces, the opening must be promptly guarded by a railing, temporary cover, or other barrier designed to prevent an accidental fall through the opening and to protect employees working in the space from objects entering the space.

(6) Hazardous atmosphere. Employees may not enter any enclosed space while it contains a hazardous atmosphere, unless the entry conforms to the confined space standard, 437-002-0146 Confined spaces, in Division 2/J.

(7) Attendants. While work is being performed in the enclosed space, an attendant with first-aid training must be immediately available outside the enclosed space to provide assistance if a hazard exists because of traffic patterns in the area of the opening used for entry. The attendant is not precluded from performing other duties outside the enclosed space if these duties do not distract the attendant from: monitoring employees within the space or ensuring that it is safe for employees to enter and exit the space.

NOTE to paragraph (7): See 437-002-2319 Underground electrical installations, for additional requirements on attendants for work in manholes and vaults.

(8) Calibration of test instruments. Test instruments used to monitor atmospheres in enclosed spaces must be kept in calibration and must have a minimum accuracy of ±10 percent.

(9) Testing for oxygen deficiency. Before an employee enters an enclosed space, the atmosphere in the enclosed space must be tested for oxygen deficiency with a direct-reading meter or similar instrument, capable of collection and immediate analysis of data samples without the need for offsite evaluation. If continuous forced-air ventilation is provided, testing is not required provided that the procedures used ensure that employees are not exposed to the hazards posed by oxygen deficiency.

(10) Testing for flammable gases and vapors. Before an employee enters an enclosed space, the internal atmosphere must be tested for flammable gases and vapors with a direct-reading meter or similar instrument capable of collection and immediate analysis of data samples without the need for off-site evaluation. This test must be performed after the oxygen testing and ventilation required by paragraph (9) of this rule demonstrate that there is sufficient oxygen to ensure the accuracy of the test for flammability.

(11) Ventilation and monitoring for flammable gases or vapors. If flammable gases or vapors are detected or if an oxygen deficiency is found, forced-air ventilation must be used to maintain oxygen at a safe level and to prevent a hazardous concentration of flammable gases and vapors from accumulating. A continuous monitoring program to ensure that no increase in flammable gas or vapor concentration above safe levels occurs may be followed in lieu of ventilation if flammable gases or vapors are initially detected at safe levels.

NOTE to paragraph (11): See the definition of "hazardous atmosphere" for guidance in determining whether a specific concentration of a substance is hazardous.

(12) Specific ventilation requirements. If continuous forced-air ventilation is used, it must begin before entry is made and must be maintained long enough for the employer to be able to demonstrate that a safe atmosphere exists before employees are allowed to enter the work area. The forced-air ventilation must be so directed as to ventilate the immediate area where employees are present within the enclosed space and must continue until all employees leave the enclosed space.

(13) Air supply. The air supply for the continuous forced-air ventilation must be from a clean source and may not increase the hazards in the enclosed space.

(14) Open flames. If open flames are used in enclosed spaces, a test for flammable gases and vapors must be made immediately before the open flame device is used and at least once per hour while the device is used in the space. Testing must be conducted more frequently if conditions present in the enclosed space indicate that once per hour is insufficient to detect hazardous accumulations of flammable gases or vapors.

NOTE to paragraph (14): See the definition of "hazardous atmosphere" for guidance in determining whether a specific concentration of a substance is hazardous.

NOTE to 437-002-2304 : Entries into enclosed spaces conducted in accordance with the requirements of 437-002-0146 (4) through (11), Confined spaces, are considered as complying with 437-002-2304 of Division 2/RR.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2305 Excavations

Excavation operations must comply with Division 3/P.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2306 Personal Protective Equipment

(1) General. For employers engaged in general industry activities, personal protective equipment must meet the requirements of Division 2/I. For employers engaged in construction activities, personal protective equipment must meet the requirements of Division 3/E.

Note 1: 437-002-0134 (4) and 437-003-0134 (4) set employer payment obligations for the personal protective equipment required by this rule, including, but not limited to, the fall protection equipment required by paragraph (2) of this rule, the electrical protective equipment required by 437-002-2311(3) of Division 2/RR, and the flame-resistant and arc-rated clothing and other protective equipment required by 437-002-2311(8) of Division 2/RR.

Note 2: For general industry activities, refer to Division 2/I, 1910.137, for Electrical Protective Equipment requirements. For construction activities, refer to Division 3/E, 1926.97, for Electrical Protective Equipment requirements.

(2) Fall protection.

(a) For employers engaged in general industry activities, personal fall arrest systems must meet the requirements of Division 2/I For employers engaged in construction activities, personal fall arrest systems must meet the requirements of Division 3/M.

(b) Personal fall arrest equipment used by employees who are exposed to hazards from flames or electric arcs, as determined by the employer under 437-002-2311(8)(a) of Division 2/RR, must be capable of passing a drop test equivalent to that required by paragraph (2)(c)(L) of this rule after exposure to an electric arc with a heat energy of 40±5 cal/cm2.

(A) Hardware for body belts and positioning straps must meet the following requirements:

(i) Hardware must be made of drop-forged steel, pressed steel, formed steel, or equivalent material.

(ii) Hardware must have a corrosion-resistant finish.

(iii) Hardware surfaces must be smooth and free of sharp edges.

(B) Buckles must be capable of withstanding an 8.9-kilonewton (2,000-pound-force) tension test with a maximum permanent deformation no greater than 0.4 millimeters (0.0156 inches).

(C) D rings must be capable of withstanding a 22-kilonewton (5,000-pound-force) tensile test without cracking or breaking.

(D) Snaphooks must be capable of withstanding a 22-kilonewton (5,000-pound-force) tension test without failure.

Note to paragraph (2)(c)(D) of this rule: Distortion of the snaphook sufficient to release the keeper is considered to be tensile failure of a snaphook.

(E) Top grain leather or leather substitute may be used in the manufacture of body belts and positioning straps; however, leather and leather substitutes may not be used alone as a load-bearing component of the assembly.

(F) Plied fabric used in positioning straps and in load-bearing parts of body belts must be constructed in such a way that no raw edges are exposed and the plies do not separate.

(G) Positioning straps must be capable of withstanding the following tests:

(i) A dielectric test of 819.7 volts, AC, per centimeter (25,000 volts per foot) for 3 minutes without visible deterioration;

(ii) A leakage test of 98.4 volts, AC, per centimeter (3,000 volts per foot) with a leakage current of no more than 1 mA;

Note to paragraphs (2)(c)(G)(i) and (2)(c)(G)(ii): Positioning straps that pass direct-current tests at equivalent voltages are considered as meeting this requirement.

(iii) Tension tests of 20 kilonewtons (4,500 pounds-force) for sections free of buckle holes and of 15 kilonewtons (3,500 pounds-force) for sections with buckle holes;

(iv) A buckle-tear test with a load of 4.4 kilonewtons (1,000 pounds-force); and

(v) A flammability test in accordance with Table RR-1. Table RR-1

(H) The cushion part of the body belt must contain no exposed rivets on the inside and must be at least 76 millimeters (3 inches) in width

(I) Tool loops must be situated on the body of a body belt so that the 100 millimeters (4 inches) of the body belt that is in the center of the back, measuring from D ring to D ring, is free of tool loops and any other attachments.

(J) Copper, steel, or equivalent liners must be used around the bars of D rings to prevent wear between these members and the leather or fabric enclosing them.

(K) Snaphooks must be of the locking type meeting the following requirements:

(i) The locking mechanism must first be released, or a destructive force must be placed on the keeper, before the keeper will open.

(ii) A force in the range of 6.7 N (1.5 lbf) to 17.8 N (4 lbf) must be required to release the locking mechanism.

(iii) With the locking mechanism released and with a force applied on the keeper against the face of the nose, the keeper may not begin to open with a force of 11.2 N (2.5 lbf) or less and must begin to open with a maximum force of 17.8 N (4 lbf).

(L) Body belts and positioning straps must be capable of withstanding a drop test as follows:

(i) The test mass must be rigidly constructed of steel or equivalent material with a mass of 100 kg (220.5 lbm). For work-positioning equipment used by employees weighing more than 140 kg (310 lbm) fully equipped, the test mass must be increased proportionately (that is, the test mass must equal the mass of the equipped worker divided by 1.4).

(ii) For body belts, the body belt must be fitted snugly around the test mass and must be attached to the test structure anchorage point by means of a wire rope.

(iii) For positioning straps, the strap must be adjusted to its shortest length possible to accommodate the test and connected to the test-structure anchorage point at one end and to the test mass on the other end.

(iv) The test mass must be dropped an unobstructed distance of 1 meter (39.4 inches) from a supporting structure that will sustain minimal deflection during the test.

(v) Body belts must successfully arrest the fall of the test mass and must be capable of supporting the mass after the test.

(vi) Positioning straps must successfully arrest the fall of the test mass without breaking, and the arrest force may not exceed 17.8 kilonewtons (4,000 pounds-force). Additionally, snaphooks on positioning straps may not distort to such an extent that the keeper would release.

Note to paragraph (2)(c) of this rule: When used by employees weighing no more than 140 kg (310 lbm) fully equipped, body belts and positioning straps that conform to American Society of Testing and Materials Standard Specifications for Personal Climbing Equipment, ASTM F887-12e1, are deemed to be in compliance with paragraph (2)(c) of this rule.

(d) The following requirements apply to the care and use of personal fall protection equipment.

(A) Body belts and positioning straps must never be stored with sharp or edged tools.

(B) Small tools carried in the belt must be placed so they present the least danger of coming in accidental contact with energized parts. Sharp or pointed tools must not be carried unless in scabbards, or are otherwise effectively safeguarded.

(C) Work-positioning equipment must be inspected before use each day to determine that the equipment is in safe working condition. Work-positioning equipment that is not in safe working condition may not be used.

Note to paragraph (2)(d)(C): Appendix F to Division 2/RR contains guidelines for inspecting work-positioning equipment.

(D) The use of chainsaws is prohibited on all overhead work where workers are supported by a single climbing belt or rope.

(E) Workers must not place positioning straps around the pole above the top crossarm except where adequate protection is taken to prevent it from slipping over the top of the pole. Workers must not allow either end of a strap to hang loose, either in climbing or descending poles or other structures.

(F) Gaffs and Climbers.

(i) Gaffs and climbers must be maintained according to the manufacturer’s recommendations.

(ii) Workers must remove climbers before driving any vehicle.

(iii) Climbers must not be worn except when required. Workers must not continue to wear their climbers while working on the ground except for brief periods when a worker is necessarily off the pole.

(iv) While climbers are not being worn, the gaffs must be properly guarded.

(G) Safety lines must be readily available while working aloft to be used for emergency rescue such as lowering a worker to the ground. Such safety lines must be a minimum of one-half-inch diameter and three or four strand first-grade manila or its equivalent in strength (2,650 lb.) and durability.

(H) For employers engaged in general industry activities, personal fall arrest systems must be used in accordance with Division 2/I. For employers engaged in construction activities, personal fall arrest systems must be used in accordance with Division 3/M.

Note to paragraph (2)(d)(H): Fall protection equipment rigged to arrest falls is considered a fall arrest system and must meet the applicable requirements for the design and use of those systems. Fall protection equipment rigged for work positioning is considered work-positioning equipment and must meet the applicable requirements for the design and use of that equipment.

(I) The employer must ensure that employees use fall protection systems as follows:

(i) Each employee working from an aerial lift must use a travel restraint system or a personal fall arrest system. Paragraph (c)(2)(v) of 1910.67 and paragraph (b)(2)(v) of 1926.453 do not apply.

(ii) Except as provided in paragraph (2)(d)(I)(iii) of this rule, each employee in elevated locations more than 1.2 meters (4 feet) above the ground on poles, towers, or similar structures must use a personal fall arrest system, work-positioning equipment, or fall restraint system, as appropriate, if the employer has not provided other fall protection meeting Division 2/D, Walking-Working Surfaces; or Division 3/M, Fall Protection.

(iii) Each qualified employee climbing or changing location on poles, towers, or similar structures must use fall protection equipment unless the employer can demonstrate that climbing or changing location with fall protection is infeasible or creates a greater hazard than climbing or changing location without it.

(I) The employer must ensure that employees use fall protection systems as follows:

(i) Each employee working from an aerial lift must use a fall restraint system or a personal fall arrest system. Paragraph (c)(2)(v) of 1910.67 and paragraph (b)(2)(v) of 1926.453 do not apply.

Note 1 to paragraphs (2)(d)(I)(ii) and (2)(d)(I)(iii) of this rule: These paragraphs apply to structures that support overhead electric power transmission and distribution lines and equipment. They do not apply to portions of buildings, such as loading docks, or to electric equipment, such as transformers and capacitors. Division 2/D, and Division 3/M contain the duty to provide fall protection associated with walking and working surfaces.

(J) Work-positioning equipment must be rigged so that an employee can free fall no more than 0.6 meters (2 feet).

(K) Anchorages for work-positioning equipment must be capable of supporting at least twice the potential impact load of an employee's fall, or 13.3 kilonewtons (3,000 pounds-force), whichever is greater.

Note to paragraph (2)(d)(K): Wood-pole fall-restriction devices meeting American Society of Testing and Materials Standard Specifications for Personal Climbing Equipment, ASTM F887-12e1, are deemed to meet the anchorage-strength requirement when they are used in accordance with manufacturers' instructions.

(L) Unless the snaphook is a locking type and designed specifically for the following connections, snaphooks on work-positioning equipment may not be engaged:

(i) Directly to webbing, rope, or wire rope;

(ii) To each other;

(iii) To a D ring to which another snaphook or other connector is attached;

(iv) To a horizontal lifeline; or

(v) To any object that is incompatibly shaped or dimensioned in relation to the snaphook such that accidental disengagement could occur should the connected object sufficiently depress the snaphook keeper to allow release of the object.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2307 Portable Ladders and Platforms

(1) General. For employers involved in general industry activities, requirements for portable ladders contained in Division 2/D apply in addition to the requirements of this rule, except as specifically noted in paragraph (2) of this rule. For employers involved in construction activities, requirements for portable ladders contained in Division 3/X apply in addition to the requirements of this rule, except as specifically noted in paragraph (2) of this rule.

(2) Special ladders and platforms. For general industry activities, portable ladders used on structures or conductors in conjunction with overhead line work need not meet OAR 437-002-0026(4)(b). For construction activities, portable ladders and platforms used on structures or conductors in conjunction with overhead line work need not meet 1926.1053(b)(5)(i) and (b)(12). Portable ladders and platforms used on structures or conductors in conjunction with overhead line work must meet the following requirements:

(a) In the configurations in which they are used, portable platforms must be capable of supporting without failure at least 2.5 times the maximum intended load.

(b) Portable ladders and platforms may not be loaded in excess of the working loads for which they are designed.

(d) Portable ladders and platforms may be used only in applications for which they are designed.

(3) Conductive ladders. Portable metal ladders and other portable conductive ladders may not be used near exposed energized lines or equipment. However, in specialized high-voltage work, conductive ladders must be used when the employer demonstrates that nonconductive ladders would present a greater hazard to employees than conductive ladders.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2308 Hand and Portable Power Equipment

(1) General. Paragraph (2) of this rule applies to electric equipment connected by cord and plug. Paragraph (3) of this rule applies to portable and vehicle-mounted generators used to supply cord- and plug-connected equipment. Paragraph (4) of this rule applies to hydraulic and pneumatic tools.

(2) Cord- and plug-connected equipment. For general industry activities, cord- and plug-connected equipment not covered by Division 2/S must comply with one of the following instead of 1910.243(a)(5); and for construction activities, cord- and plug-connected equipment not covered by Division 3/K must comply with one of the following instead of 1926.302(a)(1):

(a) The equipment must be equipped with a cord containing an equipment grounding conductor connected to the equipment frame and to a means for grounding the other end of the conductor (however, this option may not be used where the introduction of the ground into the work environment increases the hazard to an employee); or

(b) The equipment must be of the double-insulated type conforming to Division 2/S or Division 3/K; or

(c) The equipment must be connected to the power supply through an isolating transformer with an ungrounded secondary of not more than 50 volts.

(3) Portable and vehicle-mounted generators. Portable and vehicle-mounted generators used to supply cord- and plug-connected equipment covered by paragraph (2) of this section must meet the following requirements:

(a) The generator may only supply equipment located on the generator or the vehicle and cord- and plug-connected equipment through receptacles mounted on the generator or the vehicle.

(b) The non-current-carrying metal parts of equipment and the equipment grounding conductor terminals of the receptacles must be bonded to the generator frame.

(d) Any neutral conductor must be bonded to the generator frame.

(4) Hydraulic and pneumatic tools.

NOTE: Hydraulic fluid in insulating tools. Paragraph (d)(1) of 1926.302 does not apply to hydraulic fluid used in insulating sections of hydraulic tools.

(a) Safe operating pressures for hydraulic and pneumatic tools, hoses, valves, pipes, filters, and fittings may not be exceeded.

NOTE to paragraph (4)(a) of this rule: If any hazardous defects are present, no operating pressure is safe, and the hydraulic or pneumatic equipment involved may not be used. In the absence of defects, the maximum rated operating pressure is the maximum safe pressure.

(b) A hydraulic or pneumatic tool used where it may contact exposed energized parts must be designed and maintained for such use.

(c) The hydraulic system supplying a hydraulic tool used where it may contact exposed live parts must provide protection against loss of insulating value, for the voltage involved, due to the formation of a partial vacuum in the hydraulic line.

Note to paragraph (4)(c) of this rule: Use of hydraulic lines that do not have check valves and that have a separation of more than 10.7 meters (35 feet) between the oil reservoir and the upper end of the hydraulic system promotes the formation of a partial vacuum.

(d) A pneumatic tool used on energized electric lines or equipment, or used where it may contact exposed live parts, must provide protection against the accumulation of moisture in the air supply.

(e) Pressure must be released before connections are broken, unless quick acting, self-closing connectors are used.

(f) Employers must ensure that employees do not use any part of their bodies to locate, or attempt to stop, a hydraulic leak.

(g) Hoses may not be kinked.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2309 Live-line Tools

(1) Live-line tools must be used by employees when doing work on energized lines and equipment in excess of 5,000 volts.

(2) Live-line tools must be used while handling foreign objects that are in contact with high voltage equipment or conductors energized in excess of 5,000 volts.

(3) Only live-line tools that are tested and warranted by the manufacturer at the time of purchase to be adequate for the voltage involved must be used.

(4) Design of tools. Live-line tool rods, tubes, and poles must be designed and constructed to withstand the following minimum tests:

(a) If the tool is made of fiberglass-reinforced plastic (FRP), it must withstand 328,100 volts per meter (100,000 volts per foot) of length for 5 minutes, or

NOTE to paragraph (4)(a): Live-line tools using rod and tube that meet ASTM F711-02 (2007), Standard Specification for Fiberglass-Reinforced Plastic (FRP) Rod and Tube Used in Live Line Tools, are deemed to comply with paragraph (4) of this rule.

(b) If the tool is made of wood, it must withstand 246,100 volts per meter (75,000 volts per foot) of length for 3 minutes, or

(5) Condition of tools.

(a) Each live-line tool must be wiped clean and visually inspected for defects before use each day.

(b) If any defect or contamination that could adversely affect the insulating qualities or mechanical integrity of the live-line tool is present after wiping, the tool must be removed from service and examined and tested according to paragraph (5)(c) of this rule before being returned to service.

(c) Live-line tools used for primary employee protection must be removed from service every 2 years, and whenever required under paragraph (5)(b) of this rule, for examination, cleaning, repair, and testing as follows:

(A) Each tool must be thoroughly examined for defects.

(B) If a defect or contamination that could adversely affect the insulating qualities or mechanical integrity of the live-line tool is found, the tool must be repaired and refinished or must be permanently removed from service. If no such defect or contamination is found, the tool must be cleaned and waxed.

(C) The tool must be tested in accordance with paragraphs (5)(c)(D) and (5)(c)(E) of this rule under the following conditions:

(i) After the tool has been repaired or refinished; and

(ii) After the examination if repair or refinishing is not performed, unless the tool is made of FRP rod or foam-filled FRP tube and the employer can demonstrate that the tool has no defects that could cause it to fail during use.

(D) The test method used must be designed to verify the tool's integrity along its entire working length and, if the tool is made of fiberglass-reinforced plastic, its integrity under wet conditions.

(E) The voltage applied during the tests must be as follows:

(i) 246,100 volts per meter (75,000 volts per foot) of length for 1 minute if the tool is made of fiberglass, or

(ii) 164,000 volts per meter (50,000 volts per foot) of length for 1 minute if the tool is made of wood, or

(iii) Other tests that the employer can demonstrate are equivalent.

(d) Live-line tools may not be used when rain, fog, or any other factor is sufficient to reduce their insulating qualities so that leakage can be felt.

(e) Live-line tools must be kept in a dry place. When transporting, they must be kept in separate special storage compartments, or be contained in protective bags. They may not be laid directly on the ground.

NOTE to paragraph (5) of this rule: Guidelines for the examination, cleaning, repairing, and in-service testing of live-line tools are specified in the Institute of Electrical and Electronics Engineers' IEEE Guide for Maintenance Methods on Energized Power Lines, IEEE Std 516-2009.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2310 Materials Handling and Storage

(1) General. For general industry activities, materials handling and storage must comply with applicable material handling and material storage requirements in Division 2, including those in Division 2/N, except for Helicopters, which must comply with 437-002-2323. For construction activities, materials handling and storage must comply with applicable material handling and material storage requirements in Division 3, including those in Division 3/N and Division 3/CC, except for Helicopters, which must comply with 437-002-2323.

(2) Materials storage near energized lines or equipment.

(a) In areas to which access is not restricted to qualified persons only, materials or equipment may not be stored closer to energized lines or exposed energized parts of equipment than the following distances, plus a distance that provides for the maximum sag and side swing of all conductors and for the height and movement of material-handling equipment:

(A) For lines and equipment energized at 50 kilovolts or less, the distance is 3.05 meters (10 feet).

(B) For lines and equipment energized at more than 50 kilovolts, the distance is 3.05 meters (10 feet) plus 0.10 meter (4 inches) for every 10 kilovolts over 50 kilovolts.

(b) In areas restricted to qualified employees, materials may not be stored within the working space about energized lines or equipment.

NOTE to paragraph (2)(b): 437-002-2320(1) Substations; and 437-002-2321(3) Power Generation Installations; of Division 2/RR, specify the size of the working space.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2311 Working On or Near Exposed Energized Parts

This rule applies to work on or near exposed live parts.

(1) General.

(a) Only qualified employees may work on or with exposed energized lines or parts of equipment.

(b) Only qualified employees may work in areas containing unguarded, uninsulated energized lines or parts of equipment operating at 50 volts or more.

(c) Electric lines and equipment must be considered and treated as energized unless they have been deenergized in accordance with 437-002-2303 Hazardous Energy Control, or 437-002-2312, of Division 2/RR.

(2) Two worker rules.

(a) Not fewer than two qualified employees may work on lines or equipment energized at more than 600 volts while performing the following types of work:

(A) Installation, removal, or repair of lines energized at more than 600 volts,

(B) Installation, removal, or repair of deenergized lines if an employee is exposed to contact with other parts energized at more than 600 volts,

(C) Installation, removal, or repair of equipment, such as transformers, capacitors, and regulators, if an employee is exposed to contact with parts energized at more than 600 volts,

(D) Work involving the use of mechanical equipment, other than insulated aerial lifts, near parts energized at more than 600 volts, and

(E) Other work that exposes an employee to electrical hazards greater than, or equal to, the electrical hazards posed by operations listed specifically in paragraphs (2)(a)(A) through (2)(a)(E) of this section.

(b) The following exceptions to the two-worker rule in 437-002-2311(2)(a)(A) through (2)(a)(E) apply:

(A) When re-fusing circuits with a live-line tool.

(B) When operating switches by means of operating handles or live-line tools, excluding installation or removal of load break elbows with live line tools, addressed in paragraph (2)(b)(E) of this rule.

(D) When installing or removing a live-line clamp connection with an approved live-line tool on single phase line or apparatus, providing that the connection or disconnection does not interrupt or pick up a load.

(E) Routine circuit switching, including installation or removal of a load break elbow with a live line tool on a single phase line or apparatus, with only one potential primary source.

(i) Authorized employees must conduct an inspection to determine that conditions on the site allow for safe work. Conditions include the following examples:

(I) Physical condition of the cable, elbows, apparatus, and switching equipment.

(II) Environmental and work conditions, such as limited visibility, bad weather, restricted working space, and poor lighting.

(III) Service life of the elbow, power cable, and apparatus.

(ii) When an employee requests a second worker on site, a second worker must be provided.

(F) Emergency repairs to the extent necessary to safeguard the general public.

(G) Work performed with live-line tools when the position of the employee is such that he or she is neither within reach of, nor otherwise exposed to contact with, energized parts.

(c) Proximity. Workers within reach of each other must not work on different phases of the same circuit, on different circuits, or on one energized phase and a ground conductor at the same time.

(3) Minimum approach distances.

(a) The employer must establish minimum approach distances no less than the distances computed by Table RR-2 for ac systems or Table RR-7 for dc systems.

(b) For voltages over 72.5 kilovolts, the employer must determine the maximum anticipated per-unit transient overvoltage, phase-to-ground, through an engineering analysis or assume a maximum anticipated per-unit transient overvoltage, phase-to-ground, in accordance with Table RR-8. When the employer uses portable protective gaps to control the maximum transient overvoltage, the value of the maximum anticipated per-unit transient overvoltage, phase-to-ground, must provide for five standard deviations between the statistical sparkover voltage of the gap and the statistical withstand voltage corresponding to the electrical component of the minimum approach distance. The employer must make any engineering analysis conducted to determine maximum anticipated per-unit transient overvoltage available upon request to employees and to Oregon OSHA for examination and copying.

NOTE to paragraph (3)(b): See Appendix B to Division 2/RR for information on how to calculate the maximum anticipated per-unit transient overvoltage, phase-to-ground, when the employer uses portable protective gaps to reduce maximum transient overvoltages.

(c) The employer must ensure that no employee approaches or takes any conductive object closer to exposed energized parts than the employer's established minimum approach distance, unless:

(A) The employee is insulated from the energized part. Rubber insulating gloves or rubber insulating gloves and sleeves worn in accordance with paragraph (4) of this rule constitutes insulation of the employee from the energized part upon which the employee is working provided that the employee has control of the part in a manner sufficient to prevent exposure to uninsulated portions of the employee's body; or

(B) The energized part is insulated from the employee and from any other conductive object at a different potential.

(4) Type of insulation: Adequate barriers and clearances.

(a) Protective equipment and devices must be installed or removed with:

(A) Rubber gloves or hot sticks on conductors or equipment energized at 5,000 volts or less.

(B) Live line tools for conductors or equipment energized in excess of 5,000 volts.

(C) Rubber protective equipment may be considered as adequate barriers when used on voltages for which it is rated. Rubber gloves may be used as additional protection from accidental contact only on voltages above 5,000 and not over 15,000 volts phase to ground.

(D) Rubber gloves cannot be used as primary protection on voltages over 5,000 volts.

(E) Fixed protective guards and barriers, when installed and maintained according to the manufacturer’s guidelines, may be considered as providing adequate clearance.

(b) When an employee uses rubber insulating gloves as insulation from energized parts (under paragraph (3)(c)(A) of this rule), the employer must ensure that the employee also uses rubber insulating sleeves. However, an employee need not use rubber insulating sleeves if:

(A) Exposed energized parts on which the employee is not working are insulated from the employee; and

(B) When installing insulation for purposes of paragraph (4)(b)(A) of this rule, the employee installs the insulation from a position that does not expose their upper arms to contact with other energized parts.

(c) When an employee uses rubber insulating gloves or rubber insulating gloves and sleeves as insulation from energized parts (under paragraph (3)(c)(A) of this rule), the employer must ensure that the employee:

(A) Puts on the rubber insulating gloves and sleeves in a position where they cannot reach into the minimum approach distance, established by the employer under paragraph (3)(a) of this rule; and

(B) Does not remove the rubber insulating gloves and sleeves until they are in a position where they cannot reach into the minimum approach distance, established by the employer under paragraph (3)(a) of this rule.

(5) Working position.

(a) The employer must ensure that each employee, to the extent that other safety-related conditions at the worksite permit, works in a position from which a slip or shock will not bring the employee's body into contact with exposed, uninsulated parts energized at a potential different from the employee's.

(b) When an employee performs work near exposed parts energized at more than 600 volts, but not more than 72.5 kilovolts, and is not wearing rubber insulating gloves, being protected by insulating equipment covering the energized parts, performing work using live-line tools, the employee must work from a position where he or she cannot reach into the minimum approach distance, established by the employer under paragraph (3)(a) of this rule.

(6) Making connections. The employer must ensure that employees make connections as follows:

(a) In connecting deenergized equipment or lines to an energized circuit by means of a conducting wire or device, an employee must first attach the wire to the deenergized part;

(b) When disconnecting equipment or lines from an energized circuit by means of a conducting wire or device, an employee must remove the source end first; and

(c) When lines or equipment are connected to or disconnected from energized circuits, an employee must keep loose conductors away from exposed energized parts.

(7) Conductive articles. When an employee performs work within reaching distance of exposed energized parts of equipment, the employer must ensure that the employee removes or renders nonconductive all exposed conductive articles, such as keychains or watch chains, rings, or wrist watches or bands, unless such articles do not increase the hazards associated with contact with the energized parts.

(8) Protection from flames and electric arcs.

(a) The employer must assess the workplace to identify employees exposed to hazards from flames or from electric arcs.

(b) For each employee exposed to hazards from electric arcs, the employer must make a reasonable estimate of the incident heat energy to which the employee would be exposed.

NOTE 1 to paragraph (8)(b): Appendix E to Division 2/RR provides guidance on estimating available heat energy. Oregon OSHA will deem employers following the guidance in Appendix E to Division 2/RR to be in compliance with paragraph (8)(b) of this rule. An employer may choose a method of calculating incident heat energy not included in Appendix E to Division 2/RR if the chosen method reasonably predicts the incident energy to which the employee would be exposed.

NOTE 2 to paragraph (8)(b): This paragraph does not require the employer to estimate the incident heat energy exposure for every job task performed by each employee. The employer may make broad estimates that cover multiple system areas provided the employer uses reasonable assumptions about the energy-exposure distribution throughout the system and provided the estimates represent the maximum employee exposure for those areas. For example, the employer could estimate the heat energy just outside a substation feeding a radial distribution system and use that estimate for all jobs performed on that radial system.

(c) The employer must ensure that each employee who is exposed to hazards from flames or electric arcs does not wear clothing that could melt onto their skin or that could ignite and continue to burn when exposed to flames or the heat energy estimated under paragraph (8)(b) of this rule.

NOTE to paragraph (8)(c) of this rule: This paragraph prohibits clothing made from acetate, nylon, polyester, rayon and polypropylene, either alone or in blends, unless the employer demonstrates that the fabric has been treated to withstand the conditions that may be encountered by the employee or that the employee wears the clothing in such a manner as to eliminate the hazard involved.

(d) The employer must ensure that the outer layer of clothing worn by an employee, except for clothing not required to be arc rated under paragraphs (8)(e)(A) through (8)(e)(E) of this rule, is flame resistant under any of the following conditions:

(A) The employee is exposed to contact with energized circuit parts operating at more than 600 volts,

(B) An electric arc could ignite flammable material in the work area that, in turn, could ignite the employee's clothing,

Note to paragraph (8)(d)(C): This paragraph does not apply to conductors that are capable of carrying, without failure, the maximum available fault current for the time the circuit protective devices take to interrupt the fault.

(D) The incident heat energy estimated under paragraph (8)(b) of this rule exceeds 2.0 cal/cm2.

(e) The employer must ensure that each employee exposed to hazards from electric arcs wears protective clothing and other protective equipment with an arc rating greater than or equal to the heat energy estimated under paragraph (8)(b) of this rule whenever that estimate exceeds 2.0 cal/cm2. This protective equipment must cover the employee's entire body, except as follows:

(A) Arc-rated protection is not necessary for the employee's hands when the employee is wearing rubber insulating gloves with protectors or, if the estimated incident energy is no more than 14 cal/cm2, heavy-duty leather work gloves with a weight of at least 407 gm/m2 (12 oz/yd2),

(B) Arc-rated protection is not necessary for the employee's feet when the employee is wearing heavy-duty work shoes or boots,

(C) Arc-rated protection is not necessary for the employee's head when the employee is wearing head protection meeting 437-002-0134(9) and 437-003-0134(9) if the estimated incident energy is less than 9 cal/cm2 for exposures involving single-phase arcs in open air or 5 cal/cm2 for other exposures,

(D) The protection for the employee's head may consist of head protection meeting 437-002-0134(9) and 437-003-0134(9), and a faceshield with a minimum arc rating of 8 cal/cm2 if the estimated incident-energy exposure is less than 13 cal/cm2 for exposures involving single-phase arcs in open air or 9 cal/cm2 for other exposures, and

(E) For exposures involving single phase arcs in open air, the arc rating for the employee's head and face protection may be 4 cal/cm2 less than the estimated incident energy.

Note to paragraph (8): See Appendix E to Division 2/RR for further information on the selection of appropriate protection.

(9) Fuse handling. When an employee must install or remove fuses with one or both terminals energized at more than 300 volts, or with exposed parts energized at more than 50 volts, the employer must ensure that the employee uses tools or gloves rated for the voltage. When an employee installs or removes expulsion-type fuses with one or both terminals energized at more than 300 volts, the employer must ensure that the employee wears eye protection meeting the requirements of Division 2/I and Division 3/E, uses a tool rated for the voltage, and is clear of the exhaust path of the fuse barrel.

(10) Covered (non-insulated) conductors. The requirements of this section that pertain to the hazards of exposed live parts also apply when an employee performs work in proximity to covered (non-insulated) wires.

(11) Non-current-carrying metal parts. Non-current-carrying metal parts of equipment or devices, such as transformer cases and circuit-breaker housings, must be treated as energized at the highest voltage to which these parts are exposed, unless the employer inspects the installation and determines that these parts are grounded before employees begin performing the work.

(12) Opening and closing circuits under load.

(a) The employer must ensure that devices used by employees to open circuits under load conditions are designed to interrupt the current involved.

(b) The employer must ensure that devices used by employees to close circuits under load conditions are designed to safely carry the current involved.

(13) Safety Watch

(a) A qualified safety watch must be provided in areas where inadvertent motions, movements, or tool use would violate Minimum Approach Distances (MAD). The safety watch’s sole duty is to keep constant watch over persons working within the MAD, to warn them of danger, and to stop the work when necessary.

(b) The foreman or other worker in charge of the work being performed is responsible for the designation of the safety watch. It is the responsibility of the worker in charge to select a qualified worker who is capable and familiar with the work.

(c) The worker in charge may act as a safety watch providing no other duties interfere. If the worker in charge is distracted or must leave the immediate vicinity, that worker must either designate another qualified person as the safety watch or order the work stopped.

(d) Use of vehicles, gin poles, cranes, and other equipment in restricted or hazardous areas must at all times be monitored by a qualified safety watch other than the equipment operator. Tables RR-2 through RR-8.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2312 Deenergizing Lines and Equipment for Employee Protection

(1) Application. This rule applies to the deenergizing of transmission and distribution lines and equipment for the purpose of protecting employees. See 437-002-2303 Hazardous Energy Control, Division 2/RR, for requirements on the control of hazardous energy sources used in the generation of electric energy. Conductors and parts of electric equipment that have been deenergized under procedures other than those required by 437-002-2303, as applicable, must be treated as energized.

(2) General.

(a) If a system operator is in charge of the lines or equipment and their means of disconnection, the employer must designate one employee in the crew to be in charge of the clearance and must comply with all of the requirements of paragraph (3) of this rule in the order specified.

(b) If no system operator is in charge of the lines or equipment and their means of disconnection, the employer must designate one employee in the crew to be in charge of the clearance and to perform the functions that the system operator would otherwise perform under this rule. All of the requirements of paragraph (3) of this rule apply, in the order specified, except as provided in paragraph (2)(b) of this rule.

(c) If only one crew will be working on the lines or equipment and if the means of disconnection is accessible and visible to, and under the sole control of, the employee in charge of the clearance, paragraphs (3)(b), (3)(d), and (3)(f) of this rule do not apply. Additionally, the employer does not need to use the tags required by the remaining provisions of paragraph (3) of this rule.

(d) If two or more crews will be working on the same lines or equipment, then:

(A) The crews must coordinate their activities under this rule with a single employee in charge of the clearance for all of the crews and follow the requirements of this rule as if all of the employees formed a single crew, or

(B) Each crew must independently comply with this rule and, if there is no system operator in charge of the lines or equipment, must have separate tags and coordinate deenergizing and reenergizing the lines and equipment with the other crews.

(e) The employer must render any disconnecting means that are accessible to individuals outside the employer's control (for example, the general public) inoperable while the disconnecting means are open for the purpose of protecting employees.

(3) Deenergizing lines and equipment

(a) The employee that the employer designates pursuant to paragraph (2) of this rule as being in charge of the clearance must make a request of the system operator to deenergize the particular section of line or equipment. The designated employee becomes the employee in charge (as this term is used in paragraph (3) of this rule) and is responsible for the clearance.

(b) The circuit or equipment must be considered as energized until notification from the system operator to the contrary is received.

(c) The system operator must obtain the name of the person requesting clearance and be assured that the person is qualified to receive such clearance.

(d) The person requesting the clearance must state exactly what circuit or equipment they want de-energized and the reason.

(e) The system operator must repeat the request for clearance and be certain that the request is fully understood.

(f) The employer must ensure that all switches, disconnectors, jumpers, taps, and other means through which known sources of electric energy may be supplied to the particular lines and equipment to be deenergized are open. The employer must render such means inoperable, unless its design does not so permit, and then ensure that such means are tagged to indicate that employees are at work.

(g) The employer must ensure that automatically and remotely controlled switches that could cause the opened disconnecting means to close are also tagged at the points of control. The employer must render the automatic or remote control feature inoperable, unless its design does not so permit.

(h) The employer need not use the tags mentioned in paragraphs (3)(f) and (3)(g) of this rule on a network protector for work on the primary feeder for the network protector's associated network transformer when the employer can demonstrate all of the following conditions:

(A) Every network protector is maintained so that it will immediately trip open if closed when a primary conductor is deenergized;

(B) Employees cannot manually place any network protector in a closed position without the use of tools, and any manual override position is blocked, locked, or otherwise disabled; and

(C) The employer has procedures for manually overriding any network protector that incorporate provisions for determining, before anyone places a network protector in a closed position, that: The line connected to the network protector is not deenergized for the protection of any employee working on the line; and (if the line connected to the network protector is not deenergized for the protection of any employee working on the line) the primary conductors for the network protector are energized.

(i) Tags must prohibit operation of the disconnecting means and must indicate that employees are at work.

(j) After the applicable requirements in paragraphs (3)(a) through (3)(i) of this section have been followed and the system operator gives a clearance to the employee in charge, the employer must ensure that the lines and equipment are deenergized by testing the lines and equipment to be worked with a device designed to detect voltage.

(k) The employer must ensure the installation of protective grounds as required by 437-002-2313 Grounding for the protection of employees, Division 2/RR.

(l) After the applicable requirements of paragraphs (3)(a) through (3)(k) of this rule have been followed, the lines and equipment involved may be considered deenergized.

(m) To transfer the clearance, the employee in charge (or the employee's supervisor if the employee in charge must leave the worksite due to illness or other emergency) must inform the system operator and employees in the crew; and the new employee in charge must be responsible for the clearance.

(n) To release a clearance, the employee in charge must:

(A) Notify each employee under that clearance of the pending release of the clearance;

(B) Ensure that all employees under that clearance are clear of the lines and equipment;

(D) Report this information to the system operator and then release the clearance.

(o) Only the employee in charge who requested the clearance may release the clearance, unless the employer transfers responsibility under paragraph (3)(m) of this rule.

(p) No one may remove tags without the release of the associated clearance as specified under paragraphs (3)(n) and (3)(o) of this rule.

(q) The employer must ensure that no one initiates action to reenergize the lines or equipment at a point of disconnection until all protective grounds have been removed, all crews working on the lines or equipment release their clearances, all employees are clear of the lines and equipment, and all protective tags are removed from that point of disconnection.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2313 Grounding for the Protection of Employees

(1) Application. 437-002-2313 applies to grounding of generation, transmission, and distribution lines and equipment for the purpose of protecting employees. Paragraph (4) of this rule also applies to protective grounding of other equipment as required elsewhere in Division 2/RR.

(2) General. For any employee to work transmission and distribution lines or equipment as deenergized, the employer must ensure that the lines or equipment are deenergized under the provisions of 437-002-2312 and must ensure proper grounding of the lines or equipment as specified in paragraphs (3) through (8) below. However, if the employer can demonstrate that installation of a ground is impracticable or that the conditions resulting from the installation of a ground would present greater hazards to employees than working without grounds, the lines and equipment may be treated as deenergized provided that the employer establishes that all of the following conditions apply:

(a) The employer ensures that the lines and equipment are deenergized under the provisions of 437-002-2312 Deenergizing lines and equipment for employee protection, Division 2/RR.

(b) There is no possibility of contact with another energized source.

(3) Equipotential zone. Temporary protective grounds must be placed at such locations and arranged to will prevent each employee from being exposed to hazardous differences in electric potential.

NOTE to paragraph (3): Appendix C to Division 2/RR contains guidelines for establishing the equipotential zone required by this paragraph. Oregon OSHA will deem grounding practices meeting these guidelines as complying with paragraph (3) of this rule.

(4) Protective grounding equipment.

(a) Protective grounding equipment must be capable of conducting the maximum fault current that could flow at the point of grounding for the time necessary to clear the fault.

(b) Protective grounding equipment must have an ampacity greater than or equal to that of No. 2 AWG copper.

(c) Protective grounds must have an impedance low enough so that they do not delay the operation of protective devices in case of accidental energizing of the lines or equipment.

(d) While working on circuits deenergized under clearance conditions with multi-phase lines, shorts and grounds must be established at the lowest impedance available. Employees may perform work on one phase of a multi-phase line after establishing an equipotential zone that includes the phase being directly worked on. The phases outside the equipotential zone are to be treated as energized with minimum approach distance observed, unless they become part of the equipotential zone.

NOTE to paragraph (4): American Society for Testing and Materials Standard Specifications for Temporary Protective Grounds to Be Used on De-Energized Electric Power Lines and Equipment, ASTM F855-09, contains guidelines for protective grounding equipment. The Institute of Electrical Engineers Guide for Protective Grounding of Power Lines, IEEE Std 1048-2003, contains guidelines for selecting and installing protective grounding equipment.

(5) Testing. The employer must ensure that, unless a previously installed ground is present, employees test lines and equipment and verify the absence of nominal voltage before employees install any ground on those lines or that equipment.

(6) Grounding must be verified if an employee requests it.

(7) Connecting and removing grounds.

(a) The employer must ensure that, when an employee attaches a ground to a line or to equipment, the employee attaches the ground-end connection first and then attaches the other end by means of a live-line tool. For lines or equipment operating at 600 volts or less, the employer may permit the employee to use insulating equipment other than a live-line tool if the employer ensures that the line or equipment is not energized at the time the ground is connected or if the employer can demonstrate that each employee is protected from hazards that may develop if the line or equipment is energized.

(b) The employer must ensure that, when an employee removes a ground, the employee removes the grounding device from the line or equipment using a live-line tool before they remove the ground-end connection. For lines or equipment operating at 600 volts or less, the employer may permit the employee to use insulating equipment other than a live-line tool if the employer ensures that the line or equipment is not energized at the time the ground is disconnected or if the employer can demonstrate that each employee is protected from hazards that may develop if the line or equipment is energized.

(8) Additional precautions. The employer must ensure that, when an employee performs work on a cable at a location remote from the cable terminal, the cable is not grounded at the cable terminal if there is a possibility of hazardous transfer of potential should a fault occur.

(9) Removal of grounds for test. The employer may permit employees to remove grounds temporarily during tests. During the test procedure, the employer must ensure that each employee uses insulating equipment, must isolate each employee from any hazards involved, and must implement any additional measures necessary to protect each exposed employee in case the previously grounded lines and equipment become energized.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2314 Testing and Test Facilities

(1) Application. 437-002-2314 provides for safe work practices for high-voltage and high-power testing performed in laboratories, shops, and substations, and in the field and on electric transmission and distribution lines and equipment. It applies only to testing involving interim measurements using high voltage, high power, or combinations of high voltage and high power, and not to testing involving continuous measurements as in routine metering, relaying, and normal line work.

NOTE to paragraph (1): Oregon OSHA considers routine inspection and maintenance measurements made by qualified employees to be routine line work not included in the scope of 437-002-2314, provided that the hazards related to the use of intrinsic high-voltage or high-power sources require only the normal precautions associated with routine work specified in the other paragraphs of this rule. Two typical examples of such excluded test work procedures are "phasing-out" testing and testing for a "no-voltage" condition.

(2) General requirements.

(a) The employer must establish and enforce work practices for the protection of each worker from the hazards of high-voltage or high-power testing at all test areas, temporary and permanent. Such work practices must include, as a minimum, test area safeguarding, grounding, the safe use of measuring and control circuits, and a means providing for periodic safety checks of field test areas.

(b) The employer must ensure that each employee, upon initial assignment to the test area, receives training in safe work practices, with retraining provided as required by 437-002-2300(2).

(3) Safeguarding of test areas.

(a)The employer must provide safeguarding within test areas to control access to test equipment or to apparatus under test that could become energized as part of the testing by either direct or inductive coupling and to prevent accidental employee contact with energized parts.

(b) The employer must guard permanent test areas with walls, fences, or other barriers designed to keep employees out of the test areas.

(c) In field testing, or at a temporary test site not guarded by permanent fences and gates, the employer must ensure the use of one of the following means to prevent employees without authorization from entering:

(A) Distinctively colored safety tape supported approximately waist high with safety signs attached to it,

(B) A barrier or barricade that limits access to the test area to a degree equivalent, physically and visually, to the barricade specified in paragraph (3)(c)(A) of this rule, or

(d) The employer must ensure the removal of the safeguards required by paragraph (3)(c) of this rule when employees no longer need the protection afforded by the safeguards.

(4) Grounding practices.

(a) The employer must establish and implement safe grounding practices for the test facility.

(A) The employer must maintain at ground potential all conductive parts accessible to the test operator while the equipment is operating at high voltage.

(B) Wherever ungrounded terminals of test equipment or apparatus under test may be present, they must be treated as energized until tests demonstrate that they are deenergized.

(b) The employer must ensure either that visible grounds are applied automatically, or that employees using properly insulated tools manually apply visible grounds, to the high-voltage circuits after they are deenergized and before any employee performs work on the circuit or on the item or apparatus under test. Common ground connections must be solidly connected to the test equipment and the apparatus under test.

(c) In high-power testing, the employer must provide an isolated ground-return conductor system designed to prevent the intentional passage of current, with its attendant voltage rise, from occurring in the ground grid or in the earth. However, the employer need not provide an isolated ground-return conductor if the employer can demonstrate that both of the following conditions exist:

(A) The employer cannot provide an isolated ground-return conductor due to the distance of the test site from the electric energy source, and

(B) The employer protects employees from any hazardous step and touch potentials that may develop during the test.

NOTE to paragraph (4)(c)(B): See Appendix C to Division 2/RR for information on measures that employers can take to protect employees from hazardous step and touch potentials.

(d) For tests in which using the equipment grounding conductor in the equipment power cord to ground the test equipment would result in greater hazards to test personnel or prevent the taking of satisfactory measurements, the employer may use a ground clearly indicated in the test set-up if the employer can demonstrate that this ground affords protection for employees equivalent to the protection afforded by an equipment grounding conductor in the power supply cord.

(e) The employer must ensure that, when any employee enters the test area after equipment is deenergized, a ground is placed on the high-voltage terminal and any other exposed terminals.

(A) Before any employee applies a direct ground, the employer must discharge high capacitance equipment through a resistor rated for the available energy.

(B) A direct ground must be applied to the exposed terminals after the stored energy drops to a level at which it is safe to do so.

(f) If the employer uses a test trailer or test vehicle in field testing, its chassis must be grounded. The employer must protect each employee against hazardous touch potentials with respect to the vehicle, instrument panels, and other conductive parts accessible to employees with bonding, insulation, or isolation.

(5) Control and measuring circuits.

(a) The employer may not run control wiring, meter connections, test leads, or cables from a test area unless contained in a grounded metallic sheath and terminated in a grounded metallic enclosure or unless the employer takes other precautions that it can demonstrate will provide employees with equivalent safety.

(b) The employer must isolate meters and other instruments with accessible terminals or parts from test personnel to protect against hazards that could arise should such terminals and parts become energized during testing. If the employer provides this isolation by locating test equipment in metal compartments with viewing windows, the employer must provide interlocks to interrupt the power supply when someone opens the compartment cover.

(c) The employer must protect temporary wiring and its connections against damage, accidental interruptions, and other hazards. To the maximum extent possible, the employer must keep signal, control, ground, and power cables separate from each other.

(d) If any employee will be present in the test area during testing, a test observer must be present. The test observer must be capable of implementing the immediate deenergizing of test circuits for safety purposes.

(6) Safety check.

(a) Safety practices governing employee work at temporary or field test areas must provide, at the beginning of each series of tests, for a routine safety check of such test areas.

(b) The test operator in charge must conduct these routine safety checks before each series of tests and must verify at least the following conditions:

(A) Barriers and safeguards are in workable condition and placed properly to isolate hazardous areas;

(B) System test status signals, if used, are in operable condition;

(D) Ground connections are clearly identifiable;

(E) Personal protective equipment is provided and used as required by Division 2/I, Division 3/E, and Division 2/RR; and

(F) Proper separation between signal, ground, and power cables.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2315 Mechanical Equipment

(1) General requirements.

Note to 437-002-2315: For employers engaged in construction activities, mechanical equipment must be operated in accordance with applicable requirements in Division 3, including subdivisions N, O, and CC of Division 3, except that 1926.600(a)(6) does not apply to operations performed by qualified employees.

(a) The critical safety components of mechanical elevating and rotating equipment must receive a thorough visual inspection before use on each shift.

Note to paragraph (1)(a): Critical safety components of mechanical elevating and rotating equipment are components for which failure would result in free fall or free rotation of the boom.

(b) No motor vehicle or earthmoving or compacting equipment having an obstructed view to the rear may be operated on off-highway jobsites where any employee is exposed to the hazards created by the moving vehicle, unless:

(A) The vehicle has a reverse signal alarm audible above the surrounding noise level, or

(B) The vehicle is backed up only when a designated employee signals that it is safe to do so.

(c) Rubber-tired self-propelled scrapers, rubber-tired front-end loaders, rubber-tired dozers, wheel-type agricultural and industrial tractors, crawler-type tractors, crawler-type loaders, and motor graders, with or without attachments, must have rollover protective structures that meet the requirements of Division 3/W.

(d) The operator of an electric line truck may not leave their position at the controls while a load is suspended, unless the employer can demonstrate that no employee (including the operator) is endangered.

(2) Outriggers.

(a) Mobile equipment, if provided with outriggers, must be operated with the outriggers extended and firmly set, except as provided in paragraph (2)(c) of this rule.

(b) Outriggers may not be extended or retracted outside of the clear view of the operator unless all employees are outside the range of possible equipment motion.

(c) If the work area or the terrain precludes the use of outriggers, the equipment may be operated only within its maximum load ratings specified by the equipment manufacturer for the particular configuration of the equipment without outriggers.

(3) Applied loads. Mechanical equipment used to lift or move lines or other material must be used within its maximum load rating and other design limitations for the conditions under which the mechanical equipment is being used.

(4) Operations near energized lines or equipment.

(a) Mechanical equipment must be operated so that the minimum approach distances from exposed energized lines and equipment, established by the employer under paragraph (3)(a) of 437-002-2311, are maintained. However, the insulated portion of an aerial lift operated by a qualified employee in the lift is exempt from this requirement if the applicable minimum approach distance is maintained between the uninsulated portions of the aerial lift and exposed objects having a different electrical potential.

(b) A designated employee other than the equipment operator must observe the approach distance to exposed lines and equipment and provide timely warnings before the minimum approach distance required by paragraph (4)(a) of this rule is reached, unless the employer can demonstrate that the operator can accurately maintain the minimum approach distance.

(A) The upper controls must be within easy reach of the employee in the bucket. On a two-bucket-type lift, access to the controls must be within easy reach of both buckets.

(B) The lower set of controls must be near the base of the boom and must be designed so that they can override operation of the equipment at any time.

(C) Controls must be placed and guarded so that the equipment cannot be activated by inadvertent contact by the operator, tools, equipment, lines, or foreign objects.

(d) If, during operation of the mechanical equipment, that equipment could become energized, the operation also must comply with at least one of paragraphs (4)(d)(A) through (4)(d)(C) of this rule.

(A) The energized lines or equipment exposed to contact must be covered with insulating protective material that will withstand the type of contact that could be made during the operation.

(B) The mechanical equipment must be insulated for the voltage involved. The mechanical equipment must be positioned so that its uninsulated portions cannot approach the energized lines or equipment any closer than the minimum approach distances, established by the employer under paragraph (3)(a) of 437-002-2311.

(C) Each employee must be protected from hazards that could arise from mechanical equipment contact with energized lines or equipment. The measures used must ensure that employees will not be exposed to hazardous differences in electric potential. Unless the employer can demonstrate that the methods in use protect each employee from the hazards that could arise if the mechanical equipment contacts the energized line or equipment, the measures used must include all of the following techniques:

(i) Using the best available ground to minimize the time the lines or electric equipment remain energized,

(ii) Bonding mechanical equipment together to minimize potential differences,

(iii) Providing ground mats to extend areas of equipotential, and

(iv) Employing insulating protective equipment or barricades to guard against any remaining hazardous electrical potential differences.

NOTE to paragraph (4)(d)(C): Appendix C to Division 2/RR contains information on hazardous step and touch potentials and on methods of protecting employees from hazards resulting from such potentials.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2316 Overhead Lines

(1) General. This paragraph provides additional requirements for work performed on or near overhead lines and equipment.

(a) The employer must determine if elevated structures such as poles or towers are capable of withstanding the additional or unbalanced stresses of climbing or equipment. If the pole or other structure cannot withstand the expected loads, the employer must brace or otherwise support the pole or structure to prevent failure.

Note to paragraph (1)(a): Appendix D to Division 2/RR contains test methods that employers can use to determine whether a wood pole is capable of sustaining the forces imposed by an employee climbing the pole. This paragraph also requires the employer to determine that the pole can sustain all other forces imposed by the work employees will perform.

(b) When a pole is set, moved, or removed near an exposed energized overhead conductor, the pole may not contact the conductor.

(c) Raising poles, towers, or fixtures close to high voltage conductors must be done under the supervision of a worker qualified for this work.

(d) Conductive rigging (wire rope) may not be used to raise poles, transformers, and other equipment except when such rigging is below, protected, or at a sufficient distance from energized high voltage conductors to prevent hazardous contact.

(e) When a pole is set, moved, or removed near an exposed energized overhead conductor, the employer must ensure that each employee wears electrical protective equipment or uses insulated devices when handling the pole and that no employee contacts the pole with uninsulated parts of their body.

(f) To protect employees from falling into holes used for placing poles, the employer must physically guard the holes, or ensure that employees attend the holes, whenever anyone is working nearby.

(g) Suitable guards and barriers must be erected so that workers or tools and equipment will not fall into or accidentally contact energized conductors or equipment.

(h) Materials and tools other than belt tools for which the body belt is designed:

(A) Must be raised or lowered by means of a suitable container or handline.

(B) May not be thrown to or from employees working on poles or structures. When field conditions prevent the use of a handline or alternative method from being done safely, a designated drop zone must be established. Clear communication must occur to prevent employees from entering the zone while material is being dropped in a controlled manner.

(2) Installing and removing overhead lines. The following provisions apply to the installation and removal of overhead conductors or cable (overhead lines).

(a) When lines that employees are installing or removing can contact energized parts, the employer must use the tension-stringing method, barriers, or other equivalent measures to minimize the possibility that conductors and cables the employees are installing or removing will contact energized power lines or equipment.

(b) For conductors, cables, and pulling and tensioning equipment, the employer must provide the protective measures required by 437-002-2315 (4)(d) when employees are installing or removing a conductor or cable close enough to energized conductors that any of the following failures could energize the pulling or tensioning equipment or the conductor or cable being installed or removed:

(A) Failure of the pulling or tensioning equipment,

(B) Failure of the conductor or cable being pulled, or

(c) If the conductors that employees are installing or removing cross over energized conductors in excess of 600 volts and if the design of the circuit interrupting devices protecting the lines so permits, the employer must render inoperable the automatic-reclosing feature of these devices.

(d) Before employees install lines parallel to existing energized lines, the employer must make a determination of the approximate voltage to be induced in the new lines, or work must proceed on the assumption that the induced voltage is hazardous. Unless the employer can demonstrate that the lines that employees are installing are not subject to the induction of a hazardous voltage or unless the lines are treated as energized, temporary protective grounds must be placed at such locations and arranged in such a manner that the employer can demonstrate will prevent exposure of each employee to hazardous differences in electric potential.

NOTE 1 to paragraph (2)(d): If the employer takes no precautions to protect employees from hazards associated with involuntary reactions from electric shock, a hazard exists if the induced voltage is sufficient to pass a current of 1 milliampere through a 500-ohm resistor. If the employer protects employees from injury due to involuntary reactions from electric shock, a hazard exists if the resultant current would be more than 6 milliamperes.

NOTE 2 to paragraph (2)(d): Appendix C to Division 2/RR rule contains guidelines for protecting employees from hazardous differences in electric potential as required by this paragraph.

(e) Conductors being strung must not be allowed to slack enough to be in reach of traffic or pedestrians, unless guarded by flaggers or other suitable safeguards.

(f) Reel-handling equipment, including pulling and tensioning devices, must be in safe operating condition and must be leveled and aligned.

(g) When stringing or removing conductors under tension, sleeves must not be pulled through the bull wheel or the puller on the tension machine unless appropriate safeguards are taken.

(h) A qualified employee, or an experienced person under the supervision of a qualified employee, must be placed in charge of the reels as the reel tender.

(i) Reel handling equipment, including pulling, braking, and sagging equipment must be firmly anchored or secured during operations.

(j) The employer must ensure that employees do not exceed load ratings of stringing lines, pulling lines, conductor grips, load-bearing hardware and accessories, rigging, and hoists.

(k) When replacing a conductor with a new or larger conductor, the conductor being removed may not be used to pull in the new one unless the one being removed has been carefully inspected for its entire length and then adjudged to have adequate strength.

(l) The employer must repair or replace defective pulling lines and accessories.

(m) Each pull must be snubbed or dead ended at both ends before subsequent pulls.

(n) The employer must ensure that employees do not use conductor grips on wire rope unless the manufacturer specifically designed the grip for this application.

(o) The employer must ensure that employees maintain reliable communications, through two-way radios or other equivalent means, between the reel tender and the pulling rig operator.

(p) Employees may operate the pulling rig only when it is safe to do so.

NOTE to paragraph (2)(p): Examples of unsafe conditions include: employees in locations prohibited by paragraph (2)(q) of this rule, conductor and pulling line hang-ups, and slipping of the conductor grip.

(q) While a power-driven device is pulling the conductor or pulling line and the conductor or pulling line is in motion, the employer must ensure that employees are not directly under overhead operations or on the cross arm, except as necessary for the employees to guide the stringing sock or board over or through the stringing sheave.

(3) Live-line bare-hand work is prohibited.

(4) Towers and structures. The following requirements apply to work performed on towers or other structures that support overhead lines.

(a) The employer must ensure that no employee is under a tower or structure while work is in progress, except when the employer can demonstrate that such a working position is necessary to assist employees working above.

(b) The employer must ensure that employees use tag lines or other similar devices to maintain control of tower rules being raised or positioned, unless the employer can demonstrate that the use of such devices would create a greater hazard to employees.

(c) The employer must ensure that employees do not detach the loadline from a member or rule until they safely secure the load.

(d) The employer must ensure that, except during emergency restoration procedures, employees discontinue work when adverse weather conditions would make the work hazardous in spite of the work practices required by this rule.

NOTE to paragraph (4)(d): Thunderstorms in the vicinity, high winds, snow storms, and ice storms are examples of adverse weather conditions that make this work too hazardous to perform even after the employer implements the work practices required by this rule.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2317 Line-clearance Tree Trimming

This rule provides additional requirements for line-clearance tree trimming and for equipment used in this type of work.

(1) Electrical hazards. This paragraph does not apply to qualified employees.

(a) Before an employee climbs, enters, or works around any tree, a determination must be made of the nominal voltage of electric power lines posing a hazard to employees. However, a determination of the maximum nominal voltage to which an employee will be exposed may be made instead, if all lines are considered as energized at this maximum voltage.

(b) There must be a second line-clearance tree trimmer within normal, unassisted voice communication under any of the following conditions:

(A) If a line-clearance tree trimmer is to approach more closely than 3.05 meters (10 feet) to any conductor or electric apparatus energized at more than 600 volts or

(B) If branches or limbs being removed are closer to lines energized at more than 600 volts than the distances listed in Table RR-4, Table RR-5, Table RR-6, and Table RR-7 or

(c) Line-clearance tree trimmers must maintain the minimum approach distances from energized conductors given in Table RR-4, Table RR-5, Table RR-6, and Table RR-7.

(d) Branches that are contacting exposed energized conductors or equipment, or that are within the distances specified in Table RR-4 Table RR-5, Table RR-6, and Table RR-7 may be removed only through the use of insulating equipment.

Note to paragraph (1)(d): A tool constructed of a material that the employer can demonstrate has insulating qualities meeting paragraph (3) of 437-002-2309 is considered as insulated under paragraph (1)(d) of this rule if the tool is clean and dry.

(e) Ladders, platforms, and aerial devices may not be brought closer to an energized part than the distances listed in Table RR-4, Table RR-5, Table RR-6, and Table RR-7.

(f) Line-clearance tree trimming may not be performed when adverse weather conditions make the work hazardous in spite of the work practices required by this rule. Each employee performing line-clearance tree trimming in the aftermath of a storm or under similar emergency conditions must be trained in the special hazards related to this type of work.

NOTE to paragraph (1)(f): Thunderstorms in the immediate vicinity, high winds, snow storms, and ice storms are examples of adverse weather conditions that are presumed to make line-clearance tree trimming too hazardous to perform safely.

(2) Brush chippers.

(a) Brush chippers must be equipped with a locking device in the ignition system.

(b) Access panels for maintenance and adjustment of the chipper blades and associated drive train must be in place and secure during operation of the equipment.

(c) Brush chippers not equipped with a mechanical infeed system must be equipped with an infeed hopper of length sufficient to prevent employees from contacting the blades or knives of the machine during operation.

(d) Trailer chippers detached from trucks must be chocked or otherwise secured.

(e) Each employee in the immediate area of an operating chipper feed table must wear personal protective equipment as required Division 2/I.

(3) Sprayers and related equipment.

(a) Walking and working surfaces of sprayers and related equipment must be covered with slip-resistant material. If slipping hazards cannot be eliminated, slip-resistant footwear or handrails and stair rails meeting the requirements of Division 2/D may be used instead of slip-resistant material.

(b) Equipment on which employees stand to spray while the vehicle is in motion must be equipped with guardrails around the working area. The guardrail must be constructed in accordance with Division 2/D.

(4) Stump cutters.

(a) Stump cutters must be equipped with enclosures or guards to protect employees.

(b) Each employee in the immediate area of stump grinding operations including the stump cutter operator) must wear personal protective equipment as required by Division 2/I.

(5) Gas powered saws. Gas powered saw operations must meet the requirements of 437-007-0405 Chain Saws, Division 7; and the following:

(a) Each power saw weighing more than 6.8 kilograms (15 pounds, service weight) that is used in trees must be supported by a separate line, except when work is performed from an aerial lift and except during topping or removing operations where no supporting limb will be available.

(b) Each power saw must be equipped with a control that will return the saw to idling speed when released.

(c) Each power saw must be equipped with a clutch and must be so adjusted that the clutch will not engage the chain drive at idling speed.

(d) A power saw must be started on the ground or where it is otherwise firmly supported. Drop starting of saws over 6.8 kilograms (15 pounds), other than chain saws, is permitted outside of the bucket of an aerial lift only if the area below the lift is clear of personnel. Drop starting chain saws is prohibited.

(e) A power saw engine may be started and operated only when all employees other than the operator are clear of the saw.

(f) A power saw may not be running when the saw is being carried up into a tree by an employee.

(g) Power saw engines must be stopped for all cleaning, refueling, adjustments, and repairs to the saw or motor, except as the manufacturer's servicing procedures require otherwise.

(6) Backpack power units for use in pruning and clearing.

(a) While a backpack power unit is running, no one other than the operator may be within 3.05 meters (10 feet) of the cutting head of a brush saw.

(b) A backpack power unit must be equipped with a quick shutoff switch readily accessible to the operator.

(c) Backpack power unit engines must be stopped for all cleaning, refueling, adjustments, and repairs to the saw or motor, except as the manufacturer's servicing procedures require otherwise.

(7) Rope.

(a) Climbing ropes must be used by employees working aloft in trees. These ropes must have a minimum diameter of 12 millimeters (0.5 inch) with a minimum breaking strength of 10.2 kilonewtons (2,300 pounds). Synthetic rope must have elasticity of not more than 7 percent.

(b) Rope must be inspected before each use and, if unsafe (for example, because of damage or defect), may not be used.

(c) Rope must be stored away from cutting edges and sharp tools. Rope contact with corrosive chemicals, gas, and oil must be avoided.

(d) When stored, rope must be coiled and piled, or must be suspended, so that air can circulate through the coils.

(e) Rope ends must be secured to prevent their unraveling.

(f) Climbing rope may not be repaired by splicing.

(g) A rope that is wet, that is contaminated to the extent that its insulating capacity is impaired, or that is otherwise not considered to be insulated for the voltage involved may not be used near exposed energized lines.

(8) Fall protection. Each employee must be tied in with a climbing rope and safety saddle when the employee is working above the ground in a tree, except when ascending into or descending from the tree.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2318 Communication Facilities

(1) Microwave transmission.

(a) The employer must ensure that no employee looks into an open waveguide or antenna connected to an energized microwave source.

(b) If the electromagnetic-radiation level within an accessible area associated with microwave communications systems exceeds the radiation-protection guide specified by 1910.97(a)(2), the employer must post the area with warning signs containing the warning symbol described in 1910.97(a)(3). The lower half of the warning symbol must include the following statements, or ones that the employer can demonstrate are equivalent: "Radiation in this area may exceed hazard limitations and special precautions are required. Obtain specific instruction before entering."

(c) When an employee works in an area where the electromagnetic radiation could exceed the radiation protection guide, the employer must institute measures that ensure that the employee's exposure is not greater than that permitted by that guide. Such measures may include administrative and engineering controls and personal protective equipment.

(2) Power-line carrier. The employer must ensure that employees perform power-line carrier work, including work on equipment used for coupling carrier current to power line conductors, in accordance with the requirements of Division 2/RR pertaining to work on energized lines.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2319 Underground Electrical Installations

This rule provides additional requirements for work on underground electrical installations.

(1) Access. The employer must ensure that employees use a ladder or other climbing device to enter and exit a manhole or subsurface vault exceeding 1.22 meters (4 feet) in depth. No employee may climb into or out of a manhole or vault by stepping on cables or hangers.

(2) Lowering equipment into manholes.

(a) Equipment used to lower materials and tools into manholes or vaults must be capable of supporting the weight to be lowered and must be checked for defects before use.

(b) Before anyone lowers tools or material into the opening for a manhole or vault, each employee working in the manhole or vault must be clear of the area directly under the opening.

(3) Attendants for manholes and vaults.

(a) While work is being performed in a manhole or vault containing energized electric equipment, an employee with first-aid and cardiopulmonary resuscitation training must be available on the surface in the immediate vicinity of the manhole or vault entrance to render emergency assistance.

(b) Occasionally, the employee on the surface may briefly enter a manhole or vault to provide nonemergency assistance.

NOTE 1 to paragraph (3)(b): 437-002-2304(7) of Division 2/RR may also require an attendant and does not permit this attendant to enter the manhole or vault.

NOTE 2 to paragraph (3)(b): 437-002-2311(1)(b) of Division 2/RR requires employees entering manholes or vaults containing unguarded, uninsulated energized lines or parts of electric equipment operating at 50 volts or more to be qualified.

(c) For the purpose of inspection, housekeeping, taking readings, or similar work, an employee working alone may enter, for brief periods of time, a manhole or vault where energized cables or equipment are in service if the employer can demonstrate that the employee will be protected from all electrical hazards.

(d) The employer must ensure that employees maintain reliable communications, through two-way radios or other equivalent means, among all employees involved in the job.

(4) Duct rods. The employer must ensure that, if employees use duct rods, the employees install the duct rods in the direction presenting the least hazard to employees. The employer must station an employee at the far end of the duct line being rodded to ensure that the employees maintain the required minimum approach distances.

(5) All primary cables must be permanently and plainly identified by tags or other methods at both ends.

(6) Multiple cables. When multiple cables are present in a work area, the employer must identify the cable to be worked by electrical means, unless its identity is obvious by reason of distinctive appearance or location or by other readily apparent means of identification. The employer must protect cables other than the one being worked from damage.

(7) Moving cables. Except when paragraph (8)(b) of this rule permits employees to perform work that could cause a fault in an energized cable in a manhole or vault, the employer must ensure that employees inspect energized cables to be moved for abnormalities.

(8) Protection against faults.

(a) Where a cable in a manhole or vault has one or more abnormalities that could lead to a fault or be an indication of an impending fault, the employer must deenergize the cable with the abnormality before any employee may work in the manhole or vault, except when service-load conditions and a lack of feasible alternatives require that the cable remain energized. In that case, employees may enter the manhole or vault provided the employer protects them from the possible effects of a failure using shields or other devices that are capable of containing the adverse effects of a fault. The employer must treat the following abnormalities as indications of impending faults unless the employer can demonstrate that the conditions could not lead to a fault: Oil or compound leaking from cable or joints, broken cable sheaths or joint sleeves, hot localized surface temperatures of cables or joints, or joints swollen beyond normal tolerance.

(b) If the work employees will perform in a manhole or vault could cause a fault in a cable, the employer must deenergize that cable before any employee works in the manhole or vault, except when service-load conditions and a lack of feasible alternatives require that the cable remain energized. In that case, employees may enter the manhole or vault provided the employer protects them from the possible effects of a failure using shields or other devices that are capable of containing the adverse effects of a fault.

(9) Sheath continuity. When employees perform work on buried cable or on cable in a manhole or vault, the employer must maintain metallic-sheath continuity, or the cable sheath must be treated as energized.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2320 Substations

This paragraph provides additional requirements for substations and for work performed in them.

(1) Access and working space. The employer must provide and maintain sufficient access and working space around electric equipment to permit ready and safe operation and maintenance of such equipment by employees.

NOTE to paragraph (1): American National Standard: National Electrical Safety Code, ANSI/IEEE C2-2012 contains guidelines for the dimensions of access and working space about electric equipment in substations. Installations meeting the ANSI provisions comply with paragraph (u)(1) of this rule. Oregon OSHA will determine whether an installation that does not conform to this ANSI standard complies with paragraph (1) of this rule based on the following criteria:

Whether the installation conforms to the edition of ANSI C2 that was in effect when the installation was made.

Whether the configuration of the installation enables employees to maintain the minimum approach distances, established by the employer under paragraph (3)(a) of 437-002-2311, while the employees are working on exposed, energized parts, and

Whether the precautions taken when employees perform work on the installation provide protection equivalent to the protection provided by access and working space meeting ANSI/IEEE C2-2012.

(2) Draw-out-type circuit breakers. The employer must ensure that, when employees remove or insert draw-out-type circuit breakers, the breaker is in the open position. The employer must also render the control circuit inoperable if the design of the equipment permits.

(3) Substation fences. Conductive fences around substations must be grounded. When a substation fence is expanded or a section is removed, fence sections must be isolated, grounded, or bonded as necessary to protect employees from hazardous differences in electric potential.

NOTE to paragraph (3): IEEE Std 80-2000, IEEE Guide for Safety in AC Substation Grounding, contains guidelines for protection against hazardous differences in electric potential.

(4) Guarding of rooms and other spaces containing electric supply equipment.

(a) Rooms and other spaces in which electric supply lines or equipment are installed must meet the requirements of paragraphs (4)(a) through (4)(e) of this rule under the following conditions:

(A) If exposed live parts operating at 50 to 150 volts to ground are within 2.4 meters (8 feet) of the ground or other working surface inside the room or other space,

(B) If live parts operating at 151 to 600 volts to ground and located within 2.4 meters (8 feet) of the ground or other working surface inside the room or other space are guarded only by location, as permitted under paragraph (5)(a) of this rule, or

(i) The live parts are enclosed within grounded, metal-enclosed equipment whose only openings are designed so that foreign objects inserted in these openings will be deflected from energized parts, or

(ii) The live parts are installed at a height, above ground and any other working surface, that provides protection at the voltage on the live parts corresponding to the protection provided by a 2.4-meter (8-foot) height at 50 volts.

(b) Fences, screens, partitions, or walls must enclose the rooms and other spaces so as to minimize the possibility that unqualified persons will enter.

(c) Unqualified persons may not enter the rooms or other spaces while the electric supply lines or equipment are energized.

(d) The employer must display signs at entrances to the rooms and other spaces warning unqualified persons to keep out.

(e) The employer must keep each entrance to a room or other space locked, unless the entrance is under the observation of a person who is attending the room or other space for the purpose of preventing unqualified employees from entering.

(5) Guarding of energized parts.

(a) The employer must provide guards around all live parts operating at more than 150 volts to ground without an insulating covering unless the location of the live parts gives sufficient clearance (horizontal, vertical, or both) to minimize the possibility of accidental employee contact.

NOTE to paragraph (5)(a): American National Standard: National Electrical Safety Code, ANSI/IEEE C2-2002 contains guidelines for the dimensions of clearance distances about electric equipment in substations. Installations meeting the ANSI provisions comply with paragraph (5)(a) of this rule. Oregon OSHA will determine whether an installation that does not conform to this ANSI standard complies with paragraph (5)(a) of this rule based on the following criteria:

Whether the installation conforms to the edition of ANSI C2 that was in effect when the installation was made,

Whether each employee is isolated from energized parts at the point of closest approach; and

Whether the precautions taken when employees perform work on the installation provide protection equivalent to the protection provided by horizontal and vertical clearances meeting ANSI/IEEE C2-2002.

(b) Except for fuse replacement and other necessary access by qualified persons, the employer must maintain guarding of energized parts within a compartment during operation and maintenance functions to prevent accidental contact with energized parts and to prevent dropped tools or other equipment from contacting energized parts.

(c) Before guards are removed from energized equipment, the employer must install barriers around the work area to prevent employees who are not working on the equipment, but who are in the area, from contacting the exposed live parts.

(d) Proper identification and warning signs must be posted at all entrances to battery rooms or compartments.

(6) Substation entry.

(a) Upon entering an attended substation, each employee, other than employees regularly working in the station, must report their presence to the employee in charge of substation activities to receive information on special system conditions affecting employee safety.

(b) The job briefing required by 437-002-2302 Job Briefing, Division 2/RR; must cover information on special system conditions affecting employee safety, including the location of energized equipment in or adjacent to the work area and the limits of any deenergized work area. Job briefings apply equally to unattended and attended substations and to employees already working in a substation and employees who enter a substation.

(c) A qualified safety watch must be provided for all other work being performed in any energized substation yard except when the work is separated from all energized equipment by a barrier.

(d) Qualified nonelectrical workers will be allowed to work in substations without barriers and without a safety watch if all the following conditions are observed:

(A) Permission to enter must be obtained from the substation operator or other authorized person.

(B) Each qualified nonelectrical worker must be trained and competent as required by 437-002-2300(2)(b) Training, of Division 2/RR, and must have demonstrated proficiencies in the work practices involved as required by 437-002-2300 (2)(h) Training, Division 2/RR.

NOTE: Employees who have not demonstrated proficiency in the work practices involved are considered to be undergoing on-the-job training and must be under the direct supervision of a qualified employee.

(C) The worker must not work off the ground without the specific approval of the person responsible for control of entry except to operate such equipment as light motor vehicles, which have no equipment or loads that can project above the cab.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2321 Power Generation Installations

This rule provides additional requirements and related work practices for power generating plants.

(1) Interlocks and other safety devices.

(a) Interlocks and other safety devices must be maintained in a safe, operable condition.

(b) No interlock or other safety device may be modified to defeat its function, except for test, repair, or adjustment of the device.

(2) Changing brushes. Before exciter or generator brushes are changed while the generator is in service, the exciter or generator field must be checked to determine whether a ground condition exists. The brushes may not be changed while the generator is energized if a ground condition exists.

(3) Access and working space. The employer must provide and maintain sufficient access and working space around electric equipment to permit ready and safe operation and maintenance.

NOTE to paragraph (3) of this rule: American National Standard: National Electrical Safety Code, ANSI/IEEE C2-2012 contains guidelines for the dimensions of access and working space about electric equipment in substations. Installations meeting the ANSI provisions comply with paragraph (3) of this rule. Oregon OSHA will determine whether an installation that does not conform to this ANSI standard complies with paragraph (3) of this rule based on the following criteria:

Whether the installation conforms to the edition of ANSI C2 that was in effect when the installation was made;

Whether the configuration of the installation enables employees to maintain the minimum approach distances, established by the employer under paragraph (3)(a) of this section, while the employees are working on exposed, energized parts, and;

Whether the precautions taken when employees perform work on the installation provide protection equivalent to the protection provided by access and working space meeting ANSI/IEEE C2-2012.

(4) Guarding of rooms and other spaces containing electric supply equipment.

(a) Rooms and other spaces in which electric supply lines or equipment are installed must meet the requirements of paragraphs (4)(b) through (4)(e) of this rule under the following conditions:

(A) If exposed live parts operating at 50 to 150 volts to ground are within 2.4 meters (8 feet) of the ground or other working surface inside the room or other space,

(b) Fences, screens, partitions, or walls must enclose the rooms and other spaces so as to minimize the possibility that unqualified persons will enter.

(c) Unqualified persons may not enter the rooms or other spaces while the electric supply lines or equipment are energized.

(d) The employer must display signs at entrances to the rooms and other spaces warning unqualified persons to keep out.

(5) Guarding of energized parts.

Whether the installation conforms to the edition of ANSI C2 that was in effect when the installation was made;

Whether each employee is isolated from energized parts at the point of closest approach; and

Whether the precautions taken when employees perform work on the installation provide protection equivalent to the protection provided by horizontal and vertical clearances meeting ANSI/IEEE C2-2002.

(6) Water or steam spaces. The following requirements apply to work in water and steam spaces associated with boilers:

(a) A designated employee must inspect conditions before work is permitted and after its completion. Eye protection, or full face protection if necessary, must be worn at all times when condenser, heater, or boiler tubes are being cleaned.

(b) Where it is necessary for employees to work near tube ends during cleaning, shielding must be installed at the tube ends.

(7) Chemical cleaning of boilers and pressure vessels. The following requirements apply to chemical cleaning of boilers and pressure vessels:

(a) Areas where chemical cleaning is in progress must be cordoned off to restrict access during cleaning. If flammable liquids, gases, or vapors or combustible materials will be used or might be produced during the cleaning process, the following requirements also apply:

(A) The area must be posted with signs restricting entry and warning of the hazards of fire and explosion; and

(B) Smoking, welding, and other possible ignition sources are prohibited in these restricted areas.

(b) The number of personnel in the restricted area must be limited to those necessary to accomplish the task safely.

NOTE to paragraph (7)(c): See 1910.141 and 437-002-0141 for requirements that apply to the water supply and to washing facilities.

(d) Employees in restricted areas must wear protective equipment meeting the requirements of Division 2/I and including, but not limited to, protective clothing, boots, goggles, and gloves.

(8) Chlorine systems.

(a) Chlorine system enclosures must be posted with signs restricting entry and warning of the hazard to health and the hazards of fire and explosion.

NOTE to paragraph (8)(a): See Division 2/Z for requirements necessary to protect the health of employees from the effects of chlorine.

(b) Only designated employees may enter the restricted area. Additionally, the number of personnel must be limited to those necessary to accomplish the task safely.

(c) Emergency repair kits must be available near the shelter or enclosure to allow for the prompt repair of leaks in chlorine lines, equipment, or containers.

(d) Before repair procedures are started, chlorine tanks, pipes, and equipment must be purged with dry air and isolated from other sources of chlorine.

(e) The employer must ensure that chlorine is not mixed with materials that would react with the chlorine in a dangerously exothermic or other hazardous manner.

(9) Boilers.

(a) Before internal furnace or ash hopper repair work is started, overhead areas must be inspected for possible falling objects. If the hazard of falling objects exists, overhead protection such as planking or nets must be provided.

(b) When opening an operating boiler door, employees must stand clear of the opening of the door to avoid the heat blast and gases which may escape from the boiler.

(10) Turbine generators.

(a) Smoking and other ignition sources are prohibited near hydrogen or hydrogen sealing systems, and signs warning of the danger of explosion and fire must be posted.

(b) Excessive hydrogen makeup or abnormal loss of pressure must be considered as an emergency and must be corrected immediately.

(11) Coal and ash handling.

(a) Only designated persons may operate railroad equipment.

(b) Before a locomotive or locomotive crane is moved, a warning must be given to employees in the area.

(d) Drawheads and knuckles may not be shifted while locomotives or cars are in motion.

(e) When a railroad car is stopped for unloading, the car must be secured from displacement that could endanger employees.

(f) An emergency means of stopping dump operations must be provided at railcar dumps.

(g) The employer must ensure that employees who work in coal- or ash-handling conveyor areas are trained and knowledgeable in conveyor operation and in the requirements of paragraphs (11)(h) through (11)(l) of this rule.

(h) Employees may not ride a coal or ash-handling conveyor belt at any time. Employees may not cross over the conveyor belt, except at walkways, unless the conveyor's energy source has been deenergized and has been locked out or tagged in accordance with paragraph (d) of this rule.

(i) A conveyor that could cause injury when started may not be started until personnel in the area are alerted by a signal or by a designated person that the conveyor is about to start.

(j) If a conveyor that could cause injury when started is automatically controlled or is controlled from a remote location, an audible device must be provided that sounds an alarm that will be recognized by each employee as a warning that the conveyor will start and that can be clearly heard at all points along the conveyor where personnel may be present. The warning device must be actuated by the device starting the conveyor and must continue for a period of time before the conveyor starts that is long enough to allow employees to move clear of the conveyor system. A visual warning may be used in place of the audible device if the employer can demonstrate that it will provide an equally effective warning in the particular circumstances involved. However if the employer can demonstrate that the system's function would be seriously hindered by the required time delay, warning signs may be provided in place of the audible warning device. If the system was installed before January 31, 1995, warning signs may be provided in place of the audible warning device until such time as the conveyor or its control system is rebuilt or rewired. These warning signs must be clear, concise, and legible and must indicate that conveyors and allied equipment may be started at any time, that danger exists, and that personnel must keep clear. These warning signs must be provided along the conveyor at areas not guarded by position or location.

(k) Remotely and automatically controlled conveyors, and conveyors that have operating stations which are not manned or which are beyond voice and visual contact from drive areas, loading areas, transfer points, and other locations on the conveyor path not guarded by location, position, or guards must be furnished with emergency stop buttons, pull cords, limit switches, or similar emergency stop devices. However, if the employer can demonstrate that the design, function, and operation of the conveyor do not expose an employee to hazards, an emergency stop device is not required.

(A) Emergency stop devices must be easily identifiable in the immediate vicinity of such locations.

(B) An emergency stop device must act directly on the control of the conveyor involved and may not depend on the stopping of any other equipment.

(l) Where coal-handling operations may produce a combustible atmosphere from fuel sources or from flammable gases or dust, sources of ignition must be eliminated or safely controlled to prevent ignition of the combustible atmosphere.

NOTE to paragraph (11)(l): Locations that are hazardous because of the presence of combustible dust are classified as Class II hazardous locations. See 1910.307.

(m) An employee may not work on or beneath overhanging coal in coal bunkers, coal silos, or coal storage areas, unless the employee is protected from all hazards posed by shifting coal.

(n) An employee entering a bunker or silo to dislodge the contents must wear a body harness with lifeline attached. The lifeline must be secured to a fixed support outside the bunker and must be attended at all times by an employee located outside the bunker or facility.

(12) Hydroplants and equipment. Employees working on or close to water gates, valves, intakes, forebays, flumes, or other locations where increased or decreased water flow or levels may pose a significant hazard must be warned and must vacate such dangerous areas before water flow changes are made.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2322 Special Conditions

(1) Capacitors. The following additional requirements apply to work on capacitors and on lines connected to capacitors.

NOTE to paragraph (1): See 437-002-2312 Deenergizing Lines and Equipment for Employee Protection; and 437-002-2313 Grounding for the Protection of Employees, of Division 2/RR, for requirements pertaining to the deenergizing and grounding of capacitor installations.

(a) Before employees work on capacitors, the employer must disconnect the capacitors from energized sources and short circuit the capacitors. The employer must ensure that the employee short circuiting the capacitors waits at least 5 minutes from the time of disconnection before applying the short circuit.

(b) Before employees handle the units, the employer must short circuit each unit in series-parallel capacitor banks between all terminals and the capacitor case or its rack. If the cases of capacitors are on ungrounded substation racks, the employer must bond the racks to ground.

(2) Current transformer secondaries. The employer must ensure that employees do not open the secondary of a current transformer while the transformer is energized. If the employer cannot deenergize the primary of the current transformer before employees perform work on an instrument, a relay, or other section of a current transformer secondary circuit, the employer must bridge the circuit so that the current transformer secondary does not experience an open-circuit condition.

(3) Series streetlighting.

(a) If the open-circuit voltage exceeds 600 volts, the employer must ensure that employees work on series streetlighting circuits in accordance with 437-002-2316 Overhead Lines; and 437-002-2319 Underground Electrical Installations, of Division 2/RR, as appropriate.

(b) Before any employee opens a series loop, the employer must deenergize the streetlighting transformer and isolate it from the source of supply or must bridge the loop to avoid an open-circuit condition.

(4) Illumination. The employer must provide sufficient illumination to enable the employee to perform the work safely.

(5) Protection against drowning.

(a) Whenever an employee may be pulled or pushed, or might fall, into water where the danger of drowning exists, the employer must provide the employee with, and must ensure that the employee uses, a U.S. Coast Guard approved personal flotation device.

(b) The employer must maintain each personal flotation device in safe condition and must inspect each personal flotation device frequently enough to ensure that it does not have rot, mildew, water saturation, or any other condition that could render the device unsuitable for use.

(c) An employee may cross streams or other bodies of water only if a safe means of passage, such as a bridge, is available.

(6) Employee protection in public work areas.

(a) Traffic-control signs and traffic-control devices used for the protection of employees must meet 437-003-0424 Traffic Control, of Division 3.

(b) Before employees begin work in the vicinity of vehicular or pedestrian traffic that may endanger them, the employer must place warning signs or flags and other traffic-control devices in conspicuous locations to alert and channel approaching traffic.

(d) The employer must protect excavated areas with barricades.

(e) The employer must display warning lights prominently at night.

(7) Backfeed. When there is a possibility of voltage backfeed from sources of cogeneration or from the secondary system (for example, backfeed from more than one energized phase feeding a common load), the requirements of 437-002-2311 Working On or Near Exposed Energized Parts, of Division 2/RR, apply if employees will work the lines or equipment as energized; and the requirements of 437-002-2312 Deenergizing Lines and Equipment for Employee Protection, and 437-002-2313 Grounding for the Protection of Employees, of Division 2/RR, apply if employees will work the lines or equipment as deenergized.

(8) Lasers. The employer must install, adjust, and operate laser equipment in accordance with 1926.54 Nonionizing Radiation, of Division 3.

(9) Hydraulic fluids. Hydraulic fluids used for the insulated sections of equipment must provide insulation for the voltage involved.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2323 Helicopters

(1) Definitions:

(a) Designated employees. Those employees selected or designated by the employer to work under or near helicopters who have first been instructed in hooking, unhooking, guiding and securing the load, including the signal person, all of whom have been instructed in the hazards of helicopter work and who know the provisions of this section.

(b) Pilot in Command or Pilot means the person who:

(A) Has the final authority and responsibility for the operation and safety of the flight;

(B) Has been designated as pilot in command before or during the flight; and

(c) Helicopter Service Operator. Entity that holds the appropriate Federal Aviation Administration (FAA) operating certification and provides helicopter support services.

(d) Downwash. A down and outward air column from the main rotor system.

(e) Ground personnel or crew. Employees who work on or near the equipment and are familiar with the hazards of helicopter use in power distribution and transmission line work and who know these rules and the methods of operation.

(f) Helicopter, helicopter crane, and rotorcraft. A heavier-than-air aircraft that depends principally for its support in flight on the lift generated by one or more rotors. The use of the word helicopter in these rules also means helicopter crane, rotorcraft, or similar aircraft.

(g) Hooking and unhooking. The process by which an external load is either attached to or detached from the helicopter hook or sling line.

(h) Positive guide system. A system or method of installing a load into position so that the load is capable of being released from the helicopter without being otherwise secured, and the load will remain in position permanently or until otherwise secured by physical means.

(i) Rotors. A system of blades that rotates or revolves to supply lift or direction to the rotorcraft.

(j) Signal person. A member of the ground crew that is designated by an employer to direct, signal and otherwise communicate with the pilot of the helicopter.

(k) Sling. A strap, chain, rope or similar implement used to securely hold something being lifted, lowered, carried or otherwise suspended.

(l) Static charge. An imbalance of electric potential within or on the surface of a material.

(m) Tagline. A rope or similar device used to guide or control the direction or movement of a load.

(2) Helicopter regulations. Helicopter cranes must comply with any applicable regulations of the Federal Aviation Administration (FAA).

(3) Hazard Analysis and Job Briefing.

(a) Before the commencement of any construction, maintenance, or lifting activity using a helicopter, a Job Hazard Analysis (JHA) must be conducted, which, at a minimum, must:

(A) Define the core tasks.

(B) Identify specific hazards.

(D) Describe procedures or controls used to safely manage or mitigate the hazards.

(E) Describe the communication procedure to be used with the crew.

(F) Discuss fatigue, and methods to eliminate or mitigate it.

(G) Specify Minimum Approach Distances (MAD).

(H) Describe a site specific emergency action plan.

(b) A site specific job briefing must be held each day construction, maintenance, or lifting activities using a helicopter are performed. The daily job briefing at a minimum must:

(A) Summarize or recap the content of the JHA as applicable to the day’s duties.

(B) Communicate any site specific hazards not identified in the JHA and provide mitigation for those hazards.

(D) Describe the communication procedure to be used with the crew.

(E) Specify Minimum Approach Distances (MAD) from energized electrical lines and equipment in the work area.

(F) Describe the applicable sections of the site specific emergency action plan, such as the locations of first aid equipment and rescue gear.

(c) An additional job briefing must be held immediately if working conditions change during the course of a job. Working conditions would include weather, wind, and visibility. During the job briefing all affected employees and others, including signal persons, ground workers, pilots, must be advised of the hazards including a change of operation if needed.

(4) Sling and rigging.

(a) The pilot is responsible for the integrity of the rigging for any external load and must ensure safe delivery of the cargo by inspecting and monitoring the security of the rigging throughout the operation. Prior to operations, the pilot must check the condition and application of all rigging gear to ensure serviceability. Prior to commencing operations, determine the complete rigging requirements including slings and taglines.

(b) All personnel involved with rigging activities must receive appropriate rigging training and show proficiency, specific to helicopter operations and the work or task/s being performed.

(c) The slings used for the external load must be inspected each day before use. Slings must be inspected by an employee designated, trained and qualified as a rigger.

(d) No sling can be used unless it has a properly marked minimum tensile strength of five times the load which will be carried or is being carried.

(A) No sling can be used unless upon inspection it is determined to be in good condition and capable of the work which is to be performed, and is properly marked.

(B) Loads must be properly slung so that there will be no slippage or shifting of the load and so that the load will not accidentally be dislodged from the helicopter.

(C) Slings must be the appropriate weight, strength and length to prevent the sling from being lifted and entangled into the aircraft rotor system.

(D) Pressed sleeves, wedged eyes, or equivalent means must be used for all suspended loads using wire rope.

(5) Personal protective equipment when working on, under or in the near vicinity of helicopters:

(a) Personal protective equipment for employees must consist of complete eye protection and hard hats secured by chinstraps.

(b) Loose-fitting clothing likely to flap in the downwash must not be worn.

(6) Loose gear and objects. Every practical precaution must be taken to provide for the protection of the employees from flying objects in the rotor downwash. All loose gear within 100 feet of the place of lifting the load, depositing the load, and all other areas susceptible to rotor downwash must be secured or removed.

(7) Landing Zones.

(a) When establishing the landing zone, the following items must be considered: size and type of helicopter, suitability of the planned activity, physical barriers or obstructions, helicopter touchdown area and congestion in the area.

(b) All helicopter landing, loading and unloading areas must be maintained to reduce the likelihood of flying materials, tripping, or other hazards attendant to the work being performed.

(8) Pilot’s responsibility.

(a) The helicopter pilot is responsible for the size, weight and manner in which loads are connected to the helicopter.

(b) No load can be made if the helicopter pilot believes the lift cannot safely be performed. The employer must make certain that the pilot of the helicopter is able to freely exercise their prerogative and judgment as to safe operation of the helicopter itself concerning size, weight and manner by which loads are connected.

(c) The pilot must possess the appropriate ratings for the aircraft and must be competent to safely conduct the assigned tasks. The pilot has the final authority and is solely responsible for the safe operation of the helicopter loads at all times.

(9) Hooking and unhooking loads.

(a) Work performed at an elevated position and directly under hovering helicopters may be performed only by qualified employees.

(A) Work must be limited to the minimum time necessary to guide, secure, hook or unhook the loads.

(B) When an employee is working from the ground under hovering helicopters, the employee must have a safe means of ingress and egress at all times, including readily available escape route or routes in the event of an emergency.

(b) Positive guide systems must be used for the placement of large segments of a primary tower structure and must enable the heavy lift helicopter to temporarily secure and release the load.

(10) Static charge. All loads must be grounded or bonded with a device capable of discharging either the actual or potential static charge before ground personnel either touch or come close enough to touch the suspended load.

(11) Line Stringing.

(a) Weight of the external load must not exceed the manufacturer’s load limit.

(b) Each helicopter operator engaged in line stringing must be authorized by the Federal Aviation Administration (FAA) for Part 133 Class C operations.

(A) Stringing tension method must enable a consistent positive control of the cable, rope, or similar lines at all times during pulling operations.

(B) During all pulling operations, the helicopter pilot must maintain an aircraft orientation that allows the pilot to maintain constant visibility in both directions on line.

(C) When pulling from the aircraft belly hook attachment point, a ballast weight of a minimum of 300 pounds must be used. At no time during the pulling operation can the load line that is attached to the helicopter’s belly hook attachment point exceed a 30 degree angle from vertical. This does not apply when pulling from the helicopter’s approved side pull attachment point.

(12) Visibility. Employees must keep clear of and outside the downwash of the helicopter except as necessary to perform a permitted activity.

(13) Communication.

(a) Communication must be maintained between the air crew and ground personnel at all times by a designated and qualified signal person. There must be a constant, open line of communication, using radios or head and hand signals.

(b) Signal systems must be understood by the air crew and the ground crew, including signal persons, prior to the hoisting of any load.

(c) Signaling and maintaining communications with the pilot are the sole and exclusive function of the signal person during periods of loading and unloading. The signal person must be distinguishable from other members of the ground crew by the pilot of the aircraft. This may be by way of orange-colored gloves, vest, or other apparel.

(d) The lead worker and one top person must also have an operating transmitter and receiver.

(e) Authorized and qualified employees may come within 50 feet of the helicopter when the rotor blades are turning, but no closer, other than to enter the craft or to hook or unhook the load or do other essential functions. Other employees may not come closer than 100 feet of the aircraft when it is operating.

(f) The signals between the signal person and the operator of the helicopter must be those submitted to the Federal Aviation Administration for the particular procedure or job. In the event no signals have been submitted to the Federal Aviation Administration, a system of signaling must be used that has been documented and that is capable of being clearly understood by all employees and others involved in the job. When head signals are to be used, the qualified worker must use a visually enhanced hard hat or helmet with clear markings to indicate the desired movement. Any signals other than up/down or in/out will require the use of hand signals.

(g) Should a change occur in the hazards, method of performing the job, signals to be used, or other operating conditions during the course of any particular job, a conference must immediately be held at which time all affected employees and others, including signal persons, ground personnel, and pilots, will be advised of such hazards or change of operation. No employee is permitted to work unless such employee and others fully understand the changes that have taken place.

(14) Helicopter Operation.

(a) Whenever approaching or leaving a helicopter with blades rotating, all employees must remain in full view of the pilot and remain in a crouched position while within 50 feet of the helicopter. No employee can approach the rear of the helicopter unless directly authorized and directed by the pilot of such craft. All employees when operating or working within 50 feet of the helicopter with blades turning are subject to the direction of the helicopter pilot.

(b) All materials and equipment loaded in the aircraft must be properly secured for flight.

(c) Long objects, such as shovels and live-line tools, must be carried horizontally and below the waist to avoid contact with the aircraft rotor blades.

(d) The pilot must ensure that all loads are safely secured to the helicopter, or in cargo baskets, and properly loaded with regard to weight and balance.

(e) Never throw anything while loading and unloading the helicopter. Thrown items may come in contact with the aircraft rotor blade, causing damage to the aircraft and possible injury to ground personnel.

(f) While in the helicopter, safety belts must remain fastened at all times except when pilot instructs otherwise or while entering or leaving the helicopter.

(g) Smoking in the helicopter is prohibited at all times.

(15) Helicopter Work Tasks.

(a) Human External Cargo (HEC)

(A) The sling or vertical suspension system for HEC is a vertical system suspended from the helicopter cargo hook. The sling system must comply with FAA regulation 14 CFR Part 133 Class B or D – External Load.

(B) Helicopter operations involving HEC must incorporate the use of a secondary safety device, in addition to the helicopter’s primary attachment means, to prevent the inadvertent release of the load. This device must remain able to be jettisoned in accordance with class B load requirements.

(i) HEC lines must be not less than 10:1 safety ratio between the rated breaking strength and the working load.

(ii) All harnesses used for helicopter short-haul operations must meet the ANSI Z359.1-2007 standards for class III (full body) harnesses and must be equipped with both dorsal and sternal D rings.

(iii) All suspension harnesses used for HEC must be adjusted to the user, and the harness must be equipped with an orthostatic shock relief device. Such devices must be used on flights lasting over five minutes.

(b) Hover Transfer.

(A) The qualified line worker must be attached to the helicopter at all times when traveling between the ground and the aerial transfer point or worksite. There must be an FAA approved attachment point on the helicopter for the lineman’s safety harness lanyard.

(B) If a platform system is used to transport crews, or if a crewmember performs work from a platform system, the platform system and all aircraft attachment points must comply with applicable FAA regulations and requirements.

(D) Flight and hovering capabilities of the helicopter must not be adversely affected by the design of the platform.

(E) The platform may not adversely affect the auto rotation and emergency capabilities of the helicopter.

(F) The platform and loads may affect the lateral & longitudinal center of gravity weight and balance of the helicopter in flight, therefore an engineered counter-balance system which will ensure stability must be used if the platform exceeds the lateral center of gravity limits of the manufactures specifications for the helicopter.

(16) Fires. Open fires are not permitted in any area where fires will be affected by the downwash of the rotors, nor can any employee smoke in an area subject to the downdraft of the rotor.

(17) Refueling operations.

(a) Refueling any helicopter with either aviation gasoline or Jet B (Turbine) type fuel is prohibited while the engines are running.

(b) Fueling of helicopters using Jet A (Turbine-Kerosene) type fuel is allowed with engines running.

(A) No unauthorized people are allowed within fifty feet of the refueling operation or fueling equipment.

(B) Fire extinguishers must be available and must be in compliance with FAA regulations.

(C) All fueling personnel must be thoroughly trained in the refueling operation and in the use of the available fire extinguishing equipment they may be expected to use.

(D) There must be no smoking, open flames, exposed flame heaters, flare pots, or open flame lights within fifty feet of the refueling area or fueling equipment. The refueling area or the fuel truck must be posted with “no smoking” signs.

(E) Prior to making any fueling connection to the aircraft, the fueling equipment must be bonded to the aircraft by use of a cable, thus providing a conductive path to equalize the potential between the fueling equipment and the aircraft. The bond must be maintained until fueling connections have been removed, thus allowing separated charges that could be generated during the fueling operation to reunite. Grounding during aircraft fueling is not permitted

(F) To control spills, fuel must be pumped either by hand or power. Pouring or gravity flow is not permitted. Self-closing nozzles or deadman controls must be used and may not be blocked open. Nozzles may not be dragged along the ground.

(G) In case of a spill, the fueling operation must be immediately stopped until such time as the person in charge determines that it is safe to resume the refueling operation.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Or. Admin. R. 437-002-2324 Definitions

(1) Affected employee. An employee whose job requires him or her to operate or use a machine or equipment on which servicing or maintenance is being performed under lockout or tagout, or whose job requires him or her to work in an area in which such servicing or maintenance is being performed.

(2) Attendant. An employee assigned to remain immediately outside the entrance to an enclosed or other space to render assistance as needed to employees inside the space.

(3) Authorized employee. An employee who locks out or tags out machines or equipment in order to perform servicing or maintenance on that machine or equipment. An affected employee becomes an authorized employee when that employee's duties include performing servicing or maintenance covered under Division 2/RR.

(4) Automatic circuit recloser. A self-controlled device for automatically interrupting and reclosing an alternating-current circuit, with a predetermined sequence of opening and reclosing followed by resetting, hold closed, or lockout.

(5) Barricade. A physical obstruction such as tapes, cones, or A-frame type wood or metal structures that provides a warning about, and limits access to, a hazardous area.

(6) Barrier. A physical obstruction that prevents contact with energized lines or equipment or prevents unauthorized access to a work area.

(7) Bond. The electrical interconnection of conductive parts designed to maintain a common electric potential.

(8) Bus. A conductor or a group of conductors that serve as a common connection for two or more circuits.

(9) Bushing. An insulating structure that includes a through conductor or that provides a passageway for such a conductor, and that, when mounted on a barrier, insulates the conductor from the barrier for the purpose of conducting current from one side of the barrier to the other.

(10) Cable. A conductor with insulation, or a stranded conductor with or without insulation and other coverings (singleconductor cable), or a combination of conductors insulated from one another (multiple-conductor cable).

(11) Cable sheath. A conductive protective covering applied to cables.

NOTE to the definition of "cable sheath": A cable sheath may consist of multiple layers one or more of which is conductive.

(12) Circuit. A conductor or system of conductors through which an electric current is intended to flow.

(13) Clearance (between objects). The clear distance between two objects measured surface to surface.

(14) Clearance (for work). Authorization to perform specified work or permission to enter a restricted area.

(15) Clearance (electrical). Notification from an authorized person that all necessary actions have been taken to de-energize a circuit, line, or equipment and the line or equipment is safe to be worked, so that workers may be authorized to proceed with intended operations.

(16) Communication lines. (See Lines; (a) Communication lines.)

(17) Conductor. A material, usually in the form of a wire, cable, or bus bar, used for carrying an electric current.

(18) Contract employer. An employer, other than a host employer, that performs work covered by this section under contract.

(19) Covered conductor. A conductor covered with a dielectric having no rated insulating strength or having a rated insulating strength less than the voltage of the circuit in which the conductor is used.

(20) Current-carrying part. A conducting part intended to be connected in an electric circuit to a source of voltage. Non-current-carrying parts are those not intended to be so connected.

(21) Deenergized. Free from any electrical connection to a source of potential difference and from electric charge; not having a potential that is different from the potential of the earth.

Note to the definition of "deenergized": The term applies only to current-carrying parts, which are sometimes energized (alive).

(22) Designated employee (designated person). An employee (or person) who is assigned by the employer to perform specific duties under the terms of this section and who has sufficient knowledge of the construction and operation of the equipment, and the hazards involved, to perform his or her duties safely.

(23) Drop start (Chain saws): The process of starting a chain saw by simultaneously pushing it away from the body with one hand and pulling the starter cord handle with the other.

(24) Electric line truck. A truck used to transport personnel, tools, and material for electric supply line work.

(25) Electric supply equipment. Equipment that produces, modifies, regulates, controls, or safeguards a supply of electric energy.

(26) Electric supply lines. (See Lines; (b) Electric supply lines.)

(27) Electric utility. An organization responsible for the installation, operation, or maintenance of an electric supply system.

(28) Enclosed space. A working space, such as a manhole, vault, tunnel, or shaft, that has a limited means of egress or entry, that is designed for periodic employee entry under normal operating conditions, and that, under normal conditions, does not contain a hazardous atmosphere, but may contain a hazardous atmosphere under abnormal conditions.

NOTE to the definition of "enclosed space": Oregon OSHA does not consider spaces that are enclosed but not designed for employee entry under normal operating conditions to be enclosed spaces for the purposes of this section. Similarly, Oregon OSHA does not consider spaces that are enclosed and that are expected to contain a hazardous atmosphere to be enclosed spaces for the purposes of this Subdivision. Such spaces meet the definition of permit spaces in 1910.146, and entry into them must conform to that standard.

(29) Energized (alive, live). Electrically connected to a source of potential difference, or electrically charged so as to have a potential significantly different from that of earth in the vicinity.

(30) Energy isolating device. A physical device that prevents the transmission or release of energy, including, but not limited to, the following: a manually operated electric circuit breaker, a disconnect switch, a manually operated switch, a slide gate, a slip blind, a line valve, blocks, and any similar device with a visible indication of the position of the device. (Push buttons, selector switches, and other control-circuit-type devices are not energy isolating devices.)

(31) Energy source. Any electrical, mechanical, hydraulic, pneumatic, chemical, nuclear, thermal, or other energy source that could cause injury to employees.

(32) Entry (as used in 437-002-2304 Enclosed spaces, of Division 2/RR). The action by which a person passes through an opening into an enclosed space. Entry includes ensuing work activities in that space and is considered to have occurred as soon as any part of the entrant's body breaks the plane of an opening into the space.

(33) Equipment (electric). A general term including material, fittings, devices, appliances, fixtures, apparatus, and the like used as part of or in connection with an electrical installation.

(34) Exposed, Exposed to contact (as applied to energized parts). Not isolated or guarded.

(35) Fall restraint system. A fall protection system that prevents the user from falling any distance.

(36) First-aid training. Training in the initial care, including cardiopulmonary resuscitation (which includes chest compressions, rescue breathing, and, as appropriate, other heart and lung resuscitation techniques), performed by a person who is not a medical practitioner, of a sick or injured person until definitive medical treatment can be administered.

(37) Ground. A conducting connection, whether planned or unplanned, between an electric circuit or equipment and the earth, or to some conducting body that serves in place of the earth.

(38) Grounded. Connected to earth or to some conducting body that serves in place of the earth.

(39) Guarded. Covered, fenced, enclosed, or otherwise protected, by means of suitable covers or casings, barrier rails or screens, mats, or platforms, designed to minimize the possibility, under normal conditions, of dangerous approach or inadvertent contact by persons or objects.

Note to the definition of "guarded": Wires that are insulated, but not otherwise protected, are not guarded.

(40) Hazardous atmosphere. An atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to self-rescue (that is, escape unaided from an enclosed space), injury, or acute illness from one or more of the following causes:

(a) Flammable gas, vapor, or mist in excess of 10 percent of its lower flammable limit (LFL);

(b) Airborne combustible dust at a concentration that meets or exceeds its LFL;

Note to the definition of "hazardous atmosphere" (2): This concentration may be approximated as a condition in which the dust obscures vision at a distance of 1.52 meters (5 feet) or less.

(d) Atmospheric concentration of any substance for which a dose or a permissible exposure limit is in Division 2/G, Occupational Health and Environmental Control; Division 3/D, Occupational Health and Environmental Controls; or in subdivisions Z, Toxic and Hazardous Substances, of Division 2 and Division 3; and which could result in employee exposure in excess of its dose or permissible exposure limit;

NOTE to the definition of "hazardous atmosphere" (4): An atmospheric concentration of any substance that is not capable of causing death, incapacitation, impairment of ability to self-rescue, injury, or acute illness due to its health effects is not covered by this provision.

(e) Any other atmospheric condition that is immediately dangerous to life or health.

NOTE to the definition of "hazardous atmosphere" (5): For air contaminants for which Oregon OSHA has not determined a dose or permissible exposure limit, other sources of information, such as Safety Data Sheets that comply with the Hazard Communication Standard, 1910.1200 of Division 2, and 1926.1200 of Division 3, published information, and internal documents can provide guidance in establishing acceptable atmospheric conditions.

(41) High-power tests. Tests in which the employer uses fault currents, load currents, magnetizing currents, and line-dropping currents to test equipment, either at the equipment's rated voltage or at lower voltages.

(42) High-voltage tests. Tests in which the employer uses voltages of approximately 1,000 volts as a practical minimum and in which the voltage source has sufficient energy to cause injury.

(43) High wind. A wind of such velocity that one or more of the following hazards would be present:

(a) The wind could blow an employee from an elevated location,

(b) The wind could cause an employee or equipment handling material to lose control of the material, or

NOTE to the definition of "high wind": Oregon OSHA normally considers winds exceeding 64.4 kilometers per hour (40 miles per hour), or 48.3 kilometers per hour (30 miles per hour) if the work involves material handling, as meeting this criteria, unless the employer takes precautions to protect employees from the hazardous effects of the wind.

(44) Host employer. An employer that operates, or that controls the operating procedures for, an electric power generation, transmission, or distribution installation on which a contract employer is performing work covered by this section.

NOTE to the definition of "host employer": Oregon OSHA will treat the electric utility or the owner of the installation as the host employer if it operates or controls operating procedures for the installation. If the electric utility or installation owner neither operates nor controls operating procedures for the installation, Oregon OSHA will treat the employer that the utility or owner has contracted with to operate or control the operating procedures for the installation as the host employer. In no case will there be more than one host employer.

(45) Immediately dangerous to life or health (IDLH). Any condition that poses an immediate or delayed threat to life or that would cause irreversible adverse health effects or that would interfere with an individual's ability to escape unaided from a permit space.

NOTE to the definition of "immediately dangerous to life or health": Some materials-hydrogen fluoride gas and cadmium vapor, for example-may produce immediate transient effects that, even if severe, may pass without medical attention, but are followed by sudden, possibly fatal collapse 12-72 hours after exposure. The victim "feels normal" from recovery from transient effects until collapse. Such materials in hazardous quantities are considered to be "immediately" dangerous to life or health.

(46) Insulated. Separated from other conducting surfaces by a dielectric (including air space) offering a high resistance to the passage of current.

NOTE to the definition of "insulated": When any object is said to be insulated, it is understood to be insulated for the conditions to which it normally is subjected. Otherwise, it is, for the purpose of this section, uninsulated.

(47) Insulation (cable). Material relied upon to insulate the conductor from other conductors or conducting parts or from ground.

(48) Isolated. Not readily accessible to persons unless special means for access are used.

(49) Line-clearance tree trimmer. An employee who, through related training or on-the-job experience or both, is familiar with the special techniques and hazards involved in line-clearance tree trimming.

NOTE 1 to the definition of "line-clearance tree trimmer": An employee who is regularly assigned to a line-clearance tree-trimming crew and who is undergoing on-the-job training and who, in the course of such training, has demonstrated an ability to perform duties safely at his or her level of training and who is under the direct supervision of a line-clearance tree trimmer is considered to be a line-clearance tree trimmer for the performance of those duties.

NOTE 2 to the definition of "line-clearance tree trimmer": A line-clearance tree trimmer is not considered to be a "qualified employee" under Subdivision RR unless he or she has the training required for a qualified employee under 437-002-2300(2)(b), General: Training, of Subdivision RR. However, under the electrical safety-related work practices standard in Division 2/S, a line-clearance tree trimmer is considered to be a "qualified employee". Tree trimming performed by such "qualified employees" is not subject to the electrical safety-related work practice requirements contained in 1910.331 through 1910.335 of Division 2/S when it is directly associated with electric power generation, transmission, or distribution lines or equipment. (See 1910.331 for requirements on the applicability of the electrical safety-related work practice requirements contained in 1910.331 through 1910.335 to line-clearance tree trimming performed by such “qualified employees,” and see the note following 1910.332(b)(3) of Division 2/S for information regarding the training an employee must have to be considered a qualified employee under 1910.331 through 1910.335 of Division 2/S.)

(50) Line-clearance tree trimming. The pruning, trimming, repairing, maintaining, removing, or clearing of trees, or the cutting of brush, that is within the following distance of electric supply lines and equipment:

(a) For voltages to ground of 50 kilovolts or less-3.05 meters (10 feet);

(b) For voltages to ground of more than 50 kilovolts-3.05 meters (10 feet) plus 0.10 meters (4 inches) for every 10 kilovolts over 50 kilovolts.

NOTE to the definition of “line-clearance tree trimming”: This section applies only to line-clearance tree trimming performed for the purpose of clearing space around electric power generation, transmission, or distribution lines or equipment and on behalf of an organization that operates, or that controls the operating procedures for, those lines or equipment. See paragraph (1) of 437-002-2300. Tree trimming performed on behalf of a homeowner or commercial entity other than an organization that operates, or that controls the operating procedures for, electric power generation, transmission, or distribution lines or equipment is not directly associated with an electric power generation, transmission, or distribution installation and is outside the scope of this section. In addition, tree trimming that is not for the purpose of clearing space around electric power generation, transmission, or distribution lines or equipment is not directly associated with an electric power generation, transmission, or distribution installation and is outside the scope of this section. Such tree trimming may be covered by other applicable standards. See, for example, 437-002-0268 and 1910.331 through 1910.335 of Division 2.

(51) Lines.

(a) Communication lines. The conductors and their supporting or containing structures which are used for public or private signal or communication service, and which operate at potentials not exceeding 400 volts to ground or 750 volts between any two points of the circuit, and the transmitted power of which does not exceed 150 watts. If the lines are operating at less than 150 volts, no limit is placed on the transmitted power of the system. Under certain conditions, communication cables may include communication circuits exceeding these limitations where such circuits are also used to supply power solely to communication equipment.

NOTE to the definition of "communication lines": Telephone, telegraph, railroad signal, data, clock, fire, police alarm, cable television, and other systems conforming to this definition are included. Lines used for signaling purposes, but not included under this definition, are considered as electric supply lines of the same voltage.

(b) Electric supply lines. Conductors used to transmit electric energy and their necessary supporting or containing structures. Signal lines of more than 400 volts are always supply lines within this section, and those of less than 400 volts are considered as supply lines, if so run and operated throughout.

(52) Manhole. A subsurface enclosure that personnel may enter and that is used for installing, operating, and maintaining submersible equipment or cable.

(53) Minimum approach distance. The closest distance an employee may approach an energized or a grounded object.

NOTE to the definition of "minimum approach distance": 437-002-2311 (3)(a), Working on or near exposed energized parts, requires employers to establish minimum approach distances.

(54) Personal fall arrest system. A system used to arrest an employee in a fall from a working level.

(55) Power-line Carrier (PLC). An electric power transmission and distribution conductor that simultaneously carries data, such as internet broadband. Also known as power-line networking (PLN) or power-line communication.

(56) Qualified employee (qualified person). An employee (person) knowledgeable in the construction and operation of the electric power generation, transmission, and distribution equipment involved, along with the associated hazards.

NOTE 1 to the definition of "qualified employee (qualified person)": An employee must have the training required by 437-002-2300(2)(b) General, Training; to be a qualified employee.

NOTE 2 to the definition of "qualified employee (qualified person)": an employee who is undergoing on-the-job training and who has demonstrated, in the course of such training, an ability to perform duties safely at his or her level of training and who is under the direct supervision of a qualified person is a qualified person for the performance of those duties.

(57) Statistical sparkover voltage. A transient overvoltage level that produces a 97.72-percent probability of sparkover (that is, two standard deviations above the voltage at which there is a 50-percent probability of sparkover).

(58) Statistical withstand voltage. A transient overvoltage level that produces a 0.14-percent probability of sparkover (that is, three standard deviations below the voltage at which there is a 50-percent probability of sparkover).

(59) Switch. A device for opening and closing or for changing the connection of a circuit. In this section, a switch is manually operable, unless otherwise stated.

(60) System operator. A qualified person who has been designated by the employer to have authority over switching, clearances, and operation of the system and its parts.

(61) Vault. An enclosure, above or below ground, that personnel may enter and that is used for installing, operating, or maintaining equipment or cable.

(62) Vented vault. A vault that has provision for air changes using exhaust flue stacks and low-level air intakes operating on pressure and temperature differentials that provide for airflow that precludes a hazardous atmosphere from developing.

(63) Voltage. The effective (root mean square, or rms) potential difference between any two conductors or between a conductor and ground. This section expresses voltages in nominal values, unless otherwise indicated. The nominal voltage of a system or circuit is the value assigned to a system or circuit of a given voltage class for the purpose of convenient designation. The operating voltage of the system may vary above or below this value.

(64) Voltage (low). Voltage of 600 volts or less.

(65) Voltage (high). Voltage greater than 600 volts.

(66) Work-positioning equipment. A body belt or body harness system rigged to allow an employee to be supported on an elevated vertical surface, such as a utility pole or tower leg, and work with both hands free while leaning.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16

Division 3 CONSTRUCTION

Or. Admin. R. 437-003-0001 Adoption by Reference

(1) Subdivision A — GENERAL

(a) 29 CFR 1926.1 Purpose and Scope, published 4/6/79, FR vol. 44, p. 20940.

(b) 29 CFR 1926.2 Variances from safety and health standards, published 4/6/79, FR vol. 44, p. 20940.

(d) 29 CFR 1926.4 Rules of practice for administrative adjudications for enforcement of safety and health standards, published 4/6/79, FR vol. 44, p. 20940.

(e) 29 CFR 1926.6 Incorporation by reference, published 3/25/16, FR vol. 81, no. 58, p. 16085, amended 5/14/19, FR vol. 84, no. 93, p. 21457.

(2) Subdivision B — GENERAL INTERPRETATIONS

(a) 29 CFR 1926.10 Scope of subpart, published 4/6/79, FR vol. 44, p. 20940.

(b) 29 CFR 1926.11 Coverage under section 103 of the act distinguished, published 4/6/79, FR vol. 44, p. 20940.

(d) 29 CFR 1926.13 Interpretation of statutory terms, published 4/6/79, FR vol. 44, p. 20940.

(e) 29 CFR 1926.14 Federal contracts for ‘mixed’ types of performance, published 4/6/79, FR vol. 44, p. 20940.

(f) 29 CFR 1926.15 Relationship to the service contract act; Walsh-Healey Public Contracts Act, published 4/6/79, FR vol. 44, p. 20940.

(g) 29 CFR 1926.16 Rules of construction, published 4/6/79, FR vol. 44, p. 20940.

(3) Subdivision C — GENERAL SAFETY AND HEALTH PROVISIONS

(a) 29 CFR 1926.20 General safety and health provisions, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746.

(b) 29 CFR 1926.21 Safety training and education, published 4/6/79, FR vol. 44, p. 20940; amended with Oregon OSHA AO 6-2012, repealed (b)(6), f. 9/28/12, ef. 4/1/13.

(d) 29 CFR 1926.23 First aid and medical attention, published 4/6/79, FR vol. 44, p. 20940.

(e) 29 CFR 1926.24 Fire protection and prevention, published 4/6/79, FR vol. 44, p. 20940.

(f) 29 CFR 1926.25 Housekeeping, published 4/6/79, FR vol. 44, p. 20940.

(g) 29 CFR 1926.26 Illumination, published 4/6/79, FR vol. 44, p. 20940.

(h) 29 CFR 1926.27 Sanitation, published 4/6/79, FR vol. 44, p. 20940.

(i) 29 CFR 1926.28 Personal protective equipment. REPEALED with Oregon OSHA Admin. Order 2-2013, filed 2/15/13, effective 4/1/13. In Oregon, OAR 437-003-0134 applies.

(j) 29 CFR 1926.29 Acceptable certifications, published 4/6/79, FR vol. 44, p. 20940.

(k) 29 CFR 1926.30 Shipbuilding and ship repairing, published 3/7/96, FR vol. 61, no. 46, p. 9249.

(l) 29 CFR 1926.31 (Reserved).

(m) 29 CFR 1926.32 Definitions, published 6/30/93, FR vol. 58, no. 124, p. 35078.

(n) 29 CFR 1926.33 Access to employee exposure and medical records, published 6/20/96, FR vol. 61, no. 46, p. 31427.

(o) 29 CFR 1926.34 Means of egress, published 6/30/93, Federal Register, vol. 58, no. 124, p. 35083.

(4) Subdivision D — OCCUPATIONAL HEALTH AND ENVIRONMENTAL CONTROLS

(a) 29 CFR 1926.50 Medical services and first aid, published 6/18/98, FR vol. 63, no. 117, p. 33469, amended 5/14/19, FR vol. 84, no. 93, p. 21576.

(b) 29 CFR 1926.51 Sanitation, published 6/30/93, FR vol. 58, no. 124, p. 35084.

(d) 29 CFR 1926.53 Ionizing radiation, published 4/6/79, FR vol. 44, p. 20940.

(e) 29 CFR 1926.54 Nonionizing radiation, published 4/6/79, FR vol. 44, p. 20940.

(f) 29 CFR 1926.55 Gases, vapors, fumes, dusts, and mists, Note: Oregon OSHA did not adopt 1926.55. In Oregon, 437-003-1000 applies.

(g) 29 CFR 1926.56 Illumination, published 4/6/79, FR vol. 44, p. 20940.

(h) 29 CFR 1926.57 Ventilation, published 1/8/98, FR vol. 63, no. 5, p. 1295.

(i) 29 CFR 1926.58 Reserved, §1926.58, Asbestos, tremolite, anthophyllite and actinolite is redesignated as 1926.1101, Asbestos, and 1926.58 is reserved (8/10/94, FR vol. 59, no. 153, pp. 41131-62).

(j) 29 CFR 1926.59 Hazard Communication, published 6/20/96, FR vol. 61, p. 31427.

(k) 29 CFR 1926.60 Methylenedianiline (MDA), published 5/14/19, FR vol. 84, no. 93, p. 21576.

(l) 29 CFR 1926.61 Retention of DOT markings, placards and labels, published 6/20/96, FR vol. 61, p. 31427.

(m) 29 CFR 1926.62 Lead, published 5/14/19, FR vol. 84, no. 93, p. 21416.

(n) 29 CFR 1926.64, Process Safety Management of Highly Hazardous Chemicals

(o) 29 CFR 1926.65 Hazardous Waste Operations and Emergency Response

(5) Subdivision E — PERSONAL PROTECTIVE AND LIFE SAVING EQUIPMENT

(a) 29 CFR 1926.95 Criteria for personal protective equipment. REPEALED with Oregon OSHA Admin. Order 2-2013, filed 2/15/13, effective 4/1/13. In Oregon, OAR 437-003-0134 applies.

(b) 29 CFR 1926.97 Electrical protective equipment, published 4/11/14, FR vol. 79, no. 70, p. 20316.

(c) 29 CFR 1926.100 Head protection. REPEALED with Oregon OSHA Admin. Order 2-2013, filed 2/15/13, effective 4/1/13. In Oregon, OAR 437-003-0134 applies.

(d) 29 CFR 1926.101 Hearing protection. REPEALED with Oregon OSHA Admin. Order 2-2013, filed 2/15/13, effective 4/1/13. In Oregon, OAR 437-003-0134 applies.

(e) 29 CFR 1926.102 Eye and face protection. REPEALED with Oregon OSHA Admin. Order 2-2013, filed 2/15/13, effective 4/1/13. In Oregon, OAR 437-003-0134 applies.

(f) 29 CFR 1926.103 Respiratory protection, published 1/8/98, FR vol. 63, no. 5, p. 1297.

(g) 29 CFR 1926.105 Reserved, 8/9/94, FR vol. 59, no. 152, p. 40729.

(h) 29 CFR 1926.106 Working over or near water, published 4/6/79, FR vol. 44, p. 20940.

(i) 29 CFR 1926.107 Definitions applicable to this subpart, published 8/9/94, FR vol. 59, no. 152, p. 40729.

(6) Subdivision F — FIRE PROTECTION AND PREVENTION

(a) 29 CFR 1926.150 Fire protection, published 4/6/79, FR vol. 44, p. 20940.

(b) 29 CFR 1926.151 Fire prevention, published 7/11/86, FR vol. 51, p. 25318.

(d) 29 CFR 1926.153 Liquefied petroleum gas (LP-Gas), published 6/30/93, FR vol. 58, no. 124, p. 35170.

(e) 29 CFR 1926.154 Temporary heating devices, published 4/6/79, FR vol. 44, p. 20940.

(f) 29 CFR 1926.155 Definitions applicable to this subpart, published 4/6/79, FR vol. 44, p. 20940.

(7) Subdivision G — SIGNS, SIGNALS, AND BARRICADES

(a) 29 CFR 1926.200 Accident prevention signs and tags, published 6/13/13, FR vol. 78, no. 114, p. 35559; 11/6/13, FR vol. 78, no. 215, p. 66641, amended 5/14/19, FR vol. 84, no. 93, p. 21576.

(b) 29 CFR 1926.201 Signaling, REPEALED with OR-OSHA Admin. Order 2-2003, f. 1/30/03, ef. 1/30/03.

(d) 29 CFR 1926.203 Definitions applicable to this subpart, published 4/6/79, FR vol. 44, p. 20940; amended with OR-OSHA Admin. Order 2-2003, f. 1/30/03, ef. 1/30/03, repealed 5/14/19, FR vol. 84, no. 93, p. 21576.

(8) Subdivision H — MATERIALS HANDLING, STORAGE, USE AND DISPOSAL

(a) 29 CFR 1926.250 General requirements for storage, published 6/30/93, FR vol. 58, no. 124, p. 35173, amended 5/14/19 FR vol. 84, no. 93, p. 21576.

(b) 29 CFR 1926.251 Rigging equipment for material handling, published 4/18/12, FR vol. 77, no. 75, p. 23117.

(9) Subdivision I — TOOLS — HAND AND POWER

(a) 29 CFR 1926.300 General requirements, published 3/7/96, FR vol. 61, no. 46, p. 9250.

(b) 29 CFR 1926.301 Hand tools, published 4/6/79, FR vol. 44, p. 20940.

(d) 29 CFR 1926.303 Abrasive wheels and tools, published 6/30/93, FR vol. 58, no. 124, p. 35175.

(e) 29 CFR 1926.304 Woodworking tools, published 3/7/96, FR vol. 61, no. 46, p. 9251.

(f) 29 CFR 1926.305 Jacks - lever and ratchet, screw, and hydraulic, published Federal Register vol. 58, no. 124, p. 35176.

(10) Subdivision J — WELDING AND CUTTING

(a) 29 CFR 1926.350 Gas welding and cutting. Repealed. Oregon OSHA Admin. Order 6-2014, f. 10/28/14, ef. 5/1/15. In Oregon, OAR 437-002-2253 applies.

(b) 29 CFR 1926.351 Arc welding and cutting, published 7/11/86, FR vol. 51, p. 25318.

(d) 29 CFR 1926.353 Ventilation and protection in welding, cutting, and heating, published 6/30/93, FR vol. 58, no. 124, p. 35179.

(e) 29 CFR 1926.354 Welding, cutting, and heating in way of preservative coatings, published 4/6/79, FR vol. 44, p. 20940.

(11) Subdivision K — ELECTRICAL

(a) 29 CFR 1926.400 Introduction, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(b) 29 CFR 1926.401 (Reserved)

(d) 29 CFR 1926.403 General requirements, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(e) 29 CFR 1926.404 Wiring design and protection, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335; amended with AO 5-2002, repeal (b)(1), f. 6/28/02, ef. 10/1/03.

(f) 29 CFR 1926.405 Wiring methods, components, and equipment for general use, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746.

(g) 29 CFR 1926.406 Specific purpose equipment and installations, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(h) 29 CFR 1926.407 Hazardous (classified) locations, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(i) 29 CFR 1926.408 Special systems, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(j) 29 CFR 1926.409 (Reserved)

(k) 29 CFR 1926.415 (Reserved)

(l) 29 CFR 1926.416 General requirements, published 8/12/96, FR vol. 61, no. 156, p. 41738.

(m) 29 CFR 1926.417 Lockout and tagging of circuits, published 8/12/96, FR vol. 61, no. 156, p. 41739.

(n) 29 CFR 1926.418 (Reserved)

(o) 29 CFR 1926.430 (Reserved)

(p) 29 CFR 1926.431 Maintenance of equipment, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(q) 29 CFR 1926.432 Environmental deterioration of equipment, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(r) 29 CFR 1926.433 - 29 CFR 1926.440 (Reserved)

(s) 29 CFR 1926.441 Battery locations and battery charging, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(t) 29 CFR 1926.442 - 29 CFR 1926.448 (Reserved)

(u) 29 CFR 1926.449 Definitions applicable to this subpart, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(12) Subdivision L — SCAFFOLDING

(a) 29 CFR 1926.450 Scope, application and definitions applicable to this subpart, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(b) 29 CFR 1926.451 General requirements, published 11/25/96, FR vol. 61, no. 228, p. 59831.

(c) 29 CFR 1926.452 Additional requirements applicable to specific types of scaffolds, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746.

(d) 29 CFR 1926.453 Aerial lifts, published 11/25/96, FR vol. 61, no. 228, p. 59832.

(e) 29 CFR 1926.454 Training, published 8/30/96, FR vol. 61, no. 170, p. 46117.

(f) Appendix A to Subpart L Scaffold Specifications, published 8/30/96, FR vol. 61, no. 170, p. 46117.

(g) Appendix B to Subpart L Criteria for determining the feasibility of providing safe access and fall protection for scaffold erectors and dismantlers (Reserved), published 8/30/96, FR vol. 61, no. 170, p. 46122.

(h) Appendix C to Subpart L List of National Consensus Standards, published 8/30/96, FR vol. 61, no. 170, p. 46122.

(i) Appendix D to Subpart L List of training topics for scaffold erectors and dismantlers, published 8/30/96, FR vol. 61, no. 170, p. 46122.

(j) Appendix E to Subpart L Drawing and illustrations, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746.

(13) Subdivision M — FALL PROTECTION

(a) 29 CFR 1926.500 Scope, application, and definitions applicable to this subpart, published 4/11/14, FR vol. 79, no. 70, p. 20316; amended with AO 1-2016, f. 3/1/16, ef. 1/1/17.

(b) 29 CFR 1926.501 Duty to have fall protection. REPEALED with AO 1-2016, f. 3/1/16, ef. 1/1/17. In Oregon, 437-003-1501 applies.

(c) 29 CFR 1926.502 Fall protection systems criteria and practices, published 8/9/94, FR vol. 59, no. 152, p. 40733-40738; amended with AO 6-2002, f. and ef. 7/19/02.

(d) 29 CFR 1926.503 Training requirements. REPEALED with AO 6-2002, f. and ef. 7/19/02, in Oregon, 437-003-0503 applies.

(e) Appendix A to Subpart M Determining Roof Widths, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746.

(f) Appendix B to Subpart M Guardrail Systems, published 8/9/94, FR vol. 59, no. 152, p. 40743.

(g) Appendix C to Subpart M Personal Fall Arrest Systems, published 8/9/94, FR vol. 59, no. 152, p. 40743-40746.

(h) Appendix D to Subpart M Positioning Device Systems, published 8/9/94, FR vol. 59, no. 152, p. 40746.

(14) Subdivision N — HELICOPTERS, HOISTS, ELEVATORS, AND CONVEYORS

(a) 29 CFR 1926.550 (Reserved).

(b) 29 CFR 1926.551 Helicopters, published 4/6/79, FR vol. 44, p. 20940.

(c) 29 CFR 1926.552 Material hoists, personnel hoists, and elevators, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746.

(d) 29 CFR 1926.553 Base-mounted drum hoist, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(e) 29 CFR 1926.554 Overhead hoists, published 4/6/79, FR vol. 44, p. 20940.

(f) 29 CFR 1926.555 Conveyors, published 4/6/79, FR vol. 44, p. 20940.

(15) Subdivision O — MOTOR VEHICLES, MECHANIZED EQUIPMENT, AND MARINE OPERATIONS

(a) 29 CFR 1926.600 Equipment, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(b) 29 CFR 1926.601 Motor vehicles, REPEALED by OR-OSHA Admin. Order 6-2007, f. 9/26/07, ef. 9/26/07.

(c) 29 CFR 1926.602 Material handling equipment, published 12/1/98, FR vol. 63, no. 230, p. 66274; amended by AO 7-2003, f. 12/5/03, ef. 12/5/03.

(d) 29 CFR 1926.603 Pile driving equipment, published 4/6/79, FR vol. 44, p. 20940.

(e) 29 CFR 1926.604 Site clearing, published 7/22/77, FR vol. 42, p. 37674.

(f) 29 CFR 1926.605 Marine operations and equipment, published 4/6/79, FR vol. 44, p. 20940.

(g) 29 CFR 1926.606 Definitions applicable to this subpart, published 4/6/79, FR vol. 44, p. 20940.

(16) Subdivision P — EXCAVATIONS

(a) 29 CFR 1926.650 Scope, application, and definitions applicable to this subdivision, published 10/31/89, FR vol. 54, no. 209, pp. 45959-45961.

(b) 29 CFR 1926.651 General requirements, published 8/9/94, FR vol. 59, no. 152, p. 40730.

(d) Appendices A-F to Subdivision P, Excavations, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746.

(17) Subdivision Q — CONCRETE AND MASONRY CONSTRUCTION

(a) 29 CFR 1926.700 Scope, application and definitions applicable to this subpart, published 10/18/90, FR vol. 55, no. 202, p. 42326.

(b) 29 CFR 1926.701 General requirements, published 8/9/94, FR vol. 59, no. 152, p. 40730.

(d) 29 CFR 1926.703 Requirements for cast-in-place concrete, published 6/16/88, FR vol. 53, p. 22612.

(e) 29 CFR 1926.704 Requirements for precast concrete, published 10/5/89, FR vol. 54, no. 192, p. 41088.

(f) 29 CFR 1926.705 Requirements for lift-slab construction operations, published 10/18/90, FR vol. 55, no. 202, p. 42326.

(g) Appendix A to 1926.705 Lift-slab operations, published 10/18/90, FR vol. 55, no. 202, p. 42326.

(h) 29 CFR 1926.706 Requirements for masonry construction, published 6/16/88, FR vol. 53, p. 22612; amended with OR-OSHA Admin. Order 1-2003, f. 1/30/03, ef. 4/30/03.

(18) Subdivision R — STEEL ERECTION

(a) 29 CFR 1926.750 Scope, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(b) 29 CFR 1926.751 Definitions, published 7/17/01, FR vol. 66, no. 137, p. 37137; amended with AO 6-2002, f. and ef. 7/19/02; amended with AO 8-2003, f. 12/30/03, ef. 1/1/04.

(c) 29 CFR 1926.752 Site layout, site-specific erection plan and construction sequence, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(d) 29 CFR 1926.753 Hoisting and rigging, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(e) 29 CFR 1926.754 Structural steel assembly, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746.

(f) 29 CFR 1926.755 Column anchorage, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(g) 29 CFR 1926.756 Beams and columns, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(h) 29 CFR 1926.757 Open web steel joists, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746; amended with AO 8-2003, f. 12/30/03, ef. 1/1/04.

(i) 29 CFR 1926.758 Systems-engineered metal buildings, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(j) 29 CFR 1926.759 Falling object protection, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(k) 29 CFR 1926.760 Fall protection, published 7/17/01, FR vol. 66, no. 137, p. 37137; amended with AO 8-2003, f. 12/30/03, ef. 1/1/04.

(l) 29 CFR 1926.761 Training, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746.

(m) Appendix A to Subpart R Guidelines for establishing the components of a site-specific erection plan: Nonmandatory Guidelines for Complying with §1926.752(e), published 7/17/01, FR vol. 66, no. 137, p. 37137.

(n) Appendix B to Subpart R Reserved.

(o) Appendix C to Subpart R Illustrations of bridging terminus points: Nonmandatory Guidelines for Complying with §1926.757(a)(10) and §1926.757(c)(5), published 7/17/01, FR vol. 66, no. 137, p. 37137.

(p) Appendix D to Subpart R Illustration of the use of control lines to demarcate controlled decking zones (CDZs): Nonmandatory Guidelines for Complying with §1926.760(c)(3), REPEALED with AO 6-2002, f. and ef. 7/19/02; amended with AO 8-2003, f. 12/30/03, ef. 1/1/04.

(q) Appendix E to Subpart R Training: Nonmandatory Guidelines for Complying with §1926.761, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(r) Appendix F to Subpart R Perimeter columns: Nonmandatory Guidelines for Complying with §1926.756(e) to Protect the Unprotected Side or Edge of a Walking/Working Surface, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(s) Appendix G to Subpart R Fall protection systems criteria and practices from §1926.502: Nonmandatory Guidelines for Complying with Complying with §1926.760(d), REPEALED with AO 6-2002, f. and ef. 7/19/02; amended with AO 8-2003, f. 12/30/03, ef. 1/1/04.

(t) Appendix H to Subpart R Double connections: Illustration of a clipped end connection and a staggered connection: Non-Mandatory Guidelines for Complying with Complying with §1926.756(c)(1), published 7/17/01, FR vol. 66, no. 137, p. 37137.

(19) Subdivision S — UNDERGROUND CONSTRUCTION, CAISSONS, COFFERDAMS, AND COMPRESSED AIR

(a) 29 CFR 1926.800 Underground construction, published 4/23/13, FR vol. 78, no. 78, p. 23837, amended 5/14/19, FR vol. 84, no. 93, p. 21576.

(b) 29 CFR 1926.801 Caissons, published 4/6/79, FR vol. 44, p. 20940.

(d) 29 CFR 1926.803 Compressed air, published 7/11/86, FR vol. 51, p. 25318.

(e) 29 CFR 1926.804 Definitions applicable to this subpart, published 4/6/79, FR vol. 44, p. 20940.

(f) Appendix A to Subpart S Decompression Tables, published 4/6/79, FR vol. 44, p. 20940.

(20) Subdivision T – DEMOLITION

(a) 29 CFR 1926.850 Preparatory operations, published 4/6/79, FR vol. 44, p. 20940.

(b) 29 CFR 1926.851 Stairs, passageways, and ladders, published 4/6/79, FR vol. 44, p. 20940.

(d) 29 CFR 1926.853 Removal of materials through floor openings, published 4/6/79, FR vol. 44, p. 20940.

(e) 29 CFR 1926.854 Removal of walls, masonry sections, and chimneys, published 4/6/79, FR vol. 44, p. 20940.

(f) 29 CFR 1926.855 Manual removal of floors, published 4/6/79, FR vol. 44, p. 20940.

(g) 29 CFR 1926.856 Removal of walls, floors, and materials with equipment, published 4/23/13, FR vol. 78, no. 78, p. 23837.

(h) 29 CFR 1926.857 Storage, published 4/6/79, FR vol. 44, p. 20940.

(i) 29 CFR 1926.858 Removal of steel construction, published 4/23/13, FR vol. 78, no. 78, p. 23837.

(j) 29 CFR 1926.859 Mechanical demolition, published 4/6/79, FR vol. 44, p. 20940.

(k) 29 CFR 1926.860 Selective demolition by explosives, published 4/6/79, FR vol. 44, p. 20940.

(21) Subdivision U — BLASTING AND USE OF EXPLOSIVES

(a) 29 CFR 1926.900 General provisions, published 4/6/79, FR vol. 44, p. 20940.

(b) 29 CFR 1926.901 Blaster qualifications, published 4/6/79, FR vol. 44, p. 20940.

(d) 29 CFR 1926.903 Underground transportation of explosives, published 4/6/79, FR vol. 44, p. 20940.

(e) 29 CFR 1926.904 Storage of explosives and blasting agents, published 6/30/93, FR vol. 58, no. 124, p. 35311.

(f) 29 CFR 1926.905 Loading of explosives or blasting agents, published 6/30/93, FR vol. 58, no. 124, p. 35184.

(g) 29 CFR 1926.906 Initiation of explosive charges — electric blasting, published 6/18/98, FR vol. 63, no. 117, p. 33469.

(h) 29 CFR 1926.907 Use of safety fuse, published 4/6/79, FR vol. 44, p. 20940.

(i) 29 CFR 1926.908 Use of detonating cord, published 4/6/79, FR vol. 44, p. 20940.

(j) 29 CFR 1926.909 Firing the blast, published 4/6/79, FR vol. 44, p. 20940.

(k) 29 CFR 1926.910 Inspection after blasting, published 4/6/79, FR vol. 44, p. 20940.

(l) 29 CFR 1926.911 Misfires, published 4/6/79, FR vol. 44, p. 20940.

(m) 29 CFR 1926.912 Underwater blasting, published 4/6/79, FR vol. 44, p. 20940.

(n) 29 CFR 1926.913 Blasting in excavation work under compressed air, published 4/6/79, FR vol. 44, p. 20940.

(o) 29 CFR 1926.914 Definitions applicable to this subpart, published 6/30/93, FR vol. 58, no. 124, p. 35184, 35311.

(22) Subdivision V — POWER TRANSMISSION AND DISTRIBUTION. 29 CFR 1926.950 through 1926.960 are repealed with Oregon OSHA Admin. Order 3-2015, f. 10/9/15, ef. 1/1/16. In Oregon, Division 2/RR applies.

(23) Subdivision W — ROLLOVER PROTECTIVE STRUCTURES: OVERHEAD PROTECTION

(a) 29 CFR 1926.1000 Rollover protective structures (ROPS) for material handling equipment, published 4/6/79, FR vol. 44, p. 20940, amended 5/14/19, FR vol. 84, no. 93, p. 21576.

(b) 29 CFR 1926.1001 Minimum performance criteria for rollover protective structure for designated scrapers, loaders, dozers, graders, and crawler tractors, published 4/6/79, FR vol. 44, p. 20940, amended 5/14/19, FR vol. 84, no. 93, p. 21576.

(c) 29 CFR 1926.1002 Protective frame (ROPS) test procedures and performance requirements for wheel-type agricultural and industrial tractors used in construction, published 7/20/06, FR vol. 71, no. 139, p. 41127, amended 5/14/19, FR vol. 84, no. 93, p. 21576.

(d) 29 CFR 1926.1003 Overhead protection for operators of agricultural and industrial tractors, published 2/28/06, FR vol. 71, no. 39, p. 9909, amended 5/14/19, FR vol. 84, no. 93, p. 21576.

(24) Subdivision X — STAIRWAYS AND LADDERS

(a) 29 CFR 1926.1050 Scope, application and definitions applicable to this Subdivision, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(b) 29 CFR 1926.1051 General requirements, published 11/14/90, FR vol. 55, no. 220, p. 47688.

(d) 29 CFR 1926.1053 Ladders, published 4/11/14, FR vol. 79, no. 70, p. 20316.

(e) 29 CFR 1926.1054 (Reserved).

(f) 29 CFR 1926.1055 (Reserved).

(g) 29 CFR 1926.1056 (Reserved).

(h) 29 CFR 1926.1057 (Reserved).

(i) 29 CFR 1926.1058 (Reserved).

(j) 29 CFR 1926.1059 (Reserved).

(k) 29 CFR 1926.1060 Training requirements, published 11/14/90, FR vol. 55, no. 220, p. 47691.

(25) Subdivision Z — TOXIC AND HAZARDOUS SUBSTANCES

(a) 29 CFR 1926.1101 Asbestos, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746; amended with OR-OSHA Admin. Order 5-2011, f. 12/8/11, ef. 7/1/12.

(b) 29 CFR 1926.1126 Chromium (VI), published 3/17/10, FR vol. 75, no. 51, pp. 12681-12686, amended 5/14/19, FR vol. 84, no. 93, p. 21576.

(c) 29 CFR 1926.1127 Cadmium, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746; amended with OR-OSHA Admin. Order 5-2011, f. 12/8/11, ef. 7/1/12.

(d) 29 CFR 1926.1152 Methylene Chloride, published 12/18/97, FR vol. 62, no. 243, p. 66275.

(26) Subdivision AA — (Reserved).

(27) Subdivision BB — (Reserved).

(28) Subdivision CC – Cranes and Derricks in Construction.

(a) 29 CFR 1926.1400 Scope, published 9/15/20, FR vol. 85, no. 179, pp 57109-57122; amended with Oregon OSHA AO 3-2015, f. 10/9/15, ef. 1/1/16; amended with Oregon OSHA AO 1-2024, f. 9/11/2024, ef. 9/11/2024.

(b) 29 CFR 1926.1401 Definitions, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(d) 29 CFR 1926.1403 Assembly/Disassembly – selection of manufacturer or employer procedures, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(e) 29 CFR 1926.1404 Assembly/Disassembly – general requirements (applies to all assembly and disassembly operations), published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(f) 29 CFR 1926.1405 Disassembly – additional requirements for dismantling of booms and jibs (applies to both the use of manufacturer procedures and employer procedures), published 8/9/10, FR vol. 75, no. 152. Pp. 47906-48177.

(g) 29 CFR 1926.1406 Assembly/Disassembly – employer procedures – general requirements, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(h) 29 CFR 1926.1407 Power line safety (up to 350 kV) – assembly and disassembly, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(i) 29 CFR 1926.1408 Power line safety (up to 350 kV) – equipment operations, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177; amended AO 1-2024, f. 9/11/2024, ef. 9/11/2024.

(j) 29 CFR 1926.1409 Power line safety (over 35 kV), published 8/9/10, FR vol. 75, vol. 152, pp. 47906-48177.

(k) 29 CFR 1926.1410 Power line safety (all voltages) – equipment operations closer than the Table A zone, published 4/11/14, FR vol. 79, no. 70, pp. 20316; amended AO 1-2024, f. 9/11/2024, ef. 9/11/2024.

(l) 29 CFR 1926.1411 Power line safety – while traveling, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(m) 29 CFR 1926.1412 Inspections, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(n) 29 CFR 1926.1413 Wire rope – inspection, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(o) 29 CFR 1926.1414 Wire rope – selection and installation criteria, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(p) 29 CFR 1926.1415 Safety devices, published 8/9/10, FR vol. 75, no. 152, pp. 47906- 48177.

(q) 29 CFR 1926.1416 Operational aids, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(r) 29 CFR 1926.1417 Operation, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(s) 29 CFR 1926.1418 Authority to stop operation, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(t) 29 CFR 1926.1419 Signals – general requirements, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(u) 29 CFR 1926.1420 Signals – radio, telephone or other electronic transmission of signals, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(v) 29 CFR 1926.1421 Signals – voice signals – additional requirements, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(w) 29 CFR 1926.1422 Signals – hand signal chart, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(x) 29 CFR 1926.1423 Fall protection, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(y) 29 CFR 1926.1424 Work area control, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(z) 29 CFR 1926.1425 Keeping clear of the load, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(aa) 29 CFR 1926.1426 Free fall and controlled load lowering, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(bb) 29 CFR 1926.1427 Operator qualification and certification, published 11/9/18, FR vol. 83, no. 218, p. 56198.

(cc) 29 CFR 1926.1428 Signal person qualifications, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(dd) 29 CFR 1926.1429 Qualifications of maintenance & repair employees, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(ee) 29 CFR 1926.1430 Training, published 11/9/18, FR vol. 83, no. 218, p. 56198.

(ff) 29 CFR 1926.1431 Hoisting personnel, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746; amended AO 1-2024, f. 9/11/2024, ef. 9/11/2024.

(gg) 29 CFR 1926.1432 Multiple-crane/derrick lifts – supplemental requirements, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(hh) 29 CFR 1926.1433 Design, construction and testing, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(ii) 29 CFR 1926.1434 Equipment modifications, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(jj) 29 CFR 1926.1435 Tower cranes, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(kk) 29 CFR 1926.1436 Derricks, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(ll) 29 CFR 1926.1437 Floating cranes/derricks and land cranes/derricks on barges, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(mm) 29 CFR 1926.1438 Overhead & gantry cranes, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(nn) 29 CFR 1926.1439 Dedicated pile drivers, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(oo) 29 CFR 1926.1440 Sideboom cranes, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(pp) 29 CFR 1926.1441 Equipment with a rated hoisting/lifting capacity of 2,000 pounds or less, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(qq) 29 CFR 1926.1442 Railroad roadway maintenance machines. published 9/15/20, FR vol. 85, no. 179, pp 57109-57122.

(rr) 29 CFR 1926.1443 Severability, published 9/15/20, FR vol. 85, no. 179, pp 57109-57122.

(ss) Appendix A to Subdivision CC of 1926 – Standard Hand Signals, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(tt) Appendix B to Subdivision CC of 1926 – Assembly/Disassembly – Sample Procedures for Minimizing the Risk of Unintended Dangerous Boom Movement, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(uu) Appendix C to Subdivision CC of 1926 – Operator Certification – Written Examination – Technical Knowledge Criteria, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024
OSHA 3-2021, amend filed 06/02/2021, effective 06/02/2021
OSHA 3-2019, amend filed 10/29/2019, effective 10/29/2019
OSHA 1-2019, amend filed 05/09/2019, effective 05/09/2019
OSHA 4-2016, f. & cert. ef. 9-7-16
OSHA 3-2016, f. & cert. ef. 8-19-16
OSHA 1-2016, f. 3-1-16, cert. ef. 1-1-17
OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16
OSHA 6-2014, f. 10-28-14, cert. ef. 5-1-15
OSHA 7-2013, f. & cert. ef. 12-12-13
OSHA 6-2013, f. & cert. ef. 10-9-13
OSHA 5-2013, f. & cert. ef. 9-13-13
OSHA 4-2013, f. & cert. ef. 7-19-13
OSHA 2-2013, f. 2-15-13, cert. ef. 4-1-13
OSHA 1-2013, f. & cert. ef. 2-14-13
OSHA 7-2012, f. & cert. ef. 12-14-12
OSHA 6-2012, f. 9-28-12, cert. ef. 4-1-13
OSHA 5-2012, f. & cert. ef. 9-25-12
OSHA 3-2012, f. & cert. e.f 8-20-12
OSHA 1-2012, f. & cert. ef. 4-10-12
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
OSHA 4-2011, f. & cert. ef. 12-8-11
OSHA 1-2011, f. & cert. ef. 2-9-11
OSHA 3-2010, f. 6-10-10, cert. ef. 6-15-10
OSHA 5-2009, f. & cert. ef. 5-29-09
OSHA 5-2008, f. 5-1-08, cert. ef. 5-15-08
OSHA 6-2007, f. & cert. ef. 9-26-07
OSHA 10-2006, f. & cert. ef. 11-30-06
OSHA 6-2006, f. & cert. ef. 8-30-06
OSHA 5-2006, f. 8-7-06, cert. ef. 1-1-07
OSHA 4-2006, f. & cert. ef. 7-24-06
OSHA 2-2006, f. & cert. ef. 4-28-06
OSHA 1-2005, f. & cert. ef. 4-12-05
OSHA 8-2003, f. 12-30-03, cert. ef. 1-1-04
OSHA 7-2003, f. & cert. ef. 12-5-03
OSHA 2-2003, f. & cert. ef. 1-30-03
OSHA 1-2003, f. 1-30-03, cert. ef. 4-30-03
OSHA 6-2002, f. & cert. ef. 7-19-02
OSHA 5-2002, f. 6-28-02, cert. ef. 10-1-03
OSHA 3-2002, f. 4-15-02, cert. ef. 4-18-02
OSHA 3-2001, f. & cert. ef. 2-5-01
OSHA 3-2000, f. & cert. ef. 2-8-00
OSHA 6-1999, f. & cert. ef. 5-26-99
OSHA 2-1999, f. & cert. ef. 4-30-99
OSHA 7-1998, f. & cert. ef. 12-18-98
OSHA 6-1998, f. & cert. ef. 10-15-98
OSHA 3-1998, f. & cert. ef. 7-7-98
OSHA 7-1997, f. & cert. ef. 9-15-97
OSHA 6-1997, f. & cert. ef. 5-2-97
OSHA 4-1997, f. & cert. ef. 4-2-97
OSHA 2-1997, f. & cert. ef. 3-12-97
OSHA 6-1996, f. & cert. ef. 11-29-96
OSHA 5-1996, f. & cert. ef. 11-29-96
OSHA 8-1995, f. & cert. ef. 8-25-95
OSHA 6-1995, f. & cert. ef. 4-18-95
OSHA 5-1995, f. & cert. ef. 4-6-95
OSHA 4-1995, f. & cert. ef. 3-29-95
OSHA 3-1995, f. & cert. ef. 2-22-95
OSHA 1-1995, f. & cert. ef. 1-19-95
OSHA 4-1994, f. & cert. ef. 8-4-94
OSHA 16-1993, f. & cert. ef. 11-1-93
OSHA 1-1993, f. & cert. ef. 1-22-93
OSHA 11-1992, f. & cert. ef. 10-9-92
OSHA 6-1992, f. & cert. ef. 5-18-92
OSHA 16-1991, f. 12-16-91, cert. ef. 1-1-92
OSHA 15-1991, f. & cert. ef. 12-13-91
OSHA 7-1991, f. & cert. ef. 4-25-91
OSHA 6-1991, f. 3-18-91, cert. ef. 4-15-91
OSHA 27-1990, f. 12-12-90, cert. ef. 2-1-91
OSHA 19-1990, f. & cert. ef. 8-31-90
OSHA 13-1990(Temp), f. 6-28-90, cert. ef. 8-1-90
OSHA 8-1990, f. & cert. ef. 3-30-90
OSHA 7-1990, f. & cert. ef. 3-2-90
OSHA 3-1990(Temp), f. & cert. ef. 1-19-90
APD 15-1989, f. & cert. ef. 9-13-89
APD 14-1989(Temp), f. 7-20-89, cert. ef. 8-1-89
APD 8-1989, f. & cert. ef. 7-7-89
APD 5-1989(Temp), f. 3-31-89, cert. ef. 5-1-89

Or. Admin. R. 437-003-0003 Purpose

The purpose of these rules is to prescribe minimum safety requirements for employees engaged in construction work, including demolition, blasting and use of explosives, and power transmission distribution and maintenance work.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 8-1989, f. & ef. 7-7-89
APD 5-1989, f. 3-31-89, ef. 5-1-89

Or. Admin. R. 437-003-0005 Additional Applicability

If a specific type of equipment, process or practice is not limited to the construction industry, the provisions contained in other divisions of OAR chapter 437, Oregon Occupational Safety and Health Code, shall apply.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 8-1989, f. & ef. 7-7-89
APD 5-1989, f. 3-31-89, ef. 5-1-89

Or. Admin. R. 437-003-0006 General Oregon Definitions

For the purposes of administration of the Oregon Safe Employment Act, the following terms mean:

(1) “Act” means the Oregon Safe Employment Act, ORS Chapter 654.

(2) “Agency” means the Accident Prevention Division, Department of Insurance and Finance.

(3) “Assistant Secretary” means the Administrator of the Accident Prevention Division or designated representative.

(4) “Assistant Secretary of Labor for Occupational Safety and Health” means the Administrator of the Accident Prevention Division or designated representative.

(5) “Office of the Solicitor of Labor” means Legal Counsel for the Accident Prevention Division.

(6) “Occupational Safety and Health Administration” or “OSHA” means the Accident Prevention Division, Department of Insurance and Finance.

(8) “Administrative Rules” means OAR chapter 437, division 001, Rules for the Administration of the Oregon Safe Employment Act, and Oregon Revised Statutes (ORS) Chapter 183.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 8-1989, f. & ef. 7-7-89

Or. Admin. R. 437-003-0007 Additional Rules of Practice for Administrative Adjudications

In addition to and not in lieu of administrative and legal actions outlined in 29 CFR 1926.4, the State of Oregon will use the provisions of ORS Chapter 183 and 654, and OAR chapter 437, division 1, to administer this code.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 8-1989, f. & ef. 7-7-89
APD 5-1989, f. 3-31-89, ef. 5-1-89

Or. Admin. R. 437-003-0011 Additional Definitions

The following definitions are in addition to those found in 29 CFR 1926.32:

(1) “Department” The Department of Insurance and Finance.

(2) “Employee” Any individual, including a minor whether lawfully or unlawfully employed, who engages to furnish his services for a remuneration, financial or otherwise, subject to the direction and control of an employer, and includes salaried, elected and appointed officials of the state, state agencies, counties, cities, school districts and other public corporations, or any individual who is provided with workers’ compensation coverage as a subject worker pursuant to ORS Chapter 656, whether by operation of law or by election.

(3) “Employer” Any person who has one or more employees, or any sole proprietor or member of a partnership who elects workers’ compensation coverage as a subject worker pursuant to ORS 656.128.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 8-1989, f. & ef. 7-7-89
APD 5-1989, f. 3-31-89, ef. 5-1-89

Or. Admin. R. 437-003-0015 Drinking Water

(1) Potable water means water meeting the bacteriological and chemical quality requirements prescribed in the OAR chapter 333, division 61, Public Water Systems, of the Oregon State Health Division.

(2) In addition to and not in lieu of any provisions in 1926.51(a), drinking water containers shall be constructed of materials that maintain water quality, shall be refilled daily or more often as necessary, shall be kept covered, and shall be regularly cleaned.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 4-2011, f. & cert. ef. 12-8-11
APD 8-1989, f. & ef. 7-7-89
APD 5-1989, f. 3-31-89, ef. 5-1-89

Or. Admin. R. 437-003-0017 Additional Definitions to Concrete and Masonry Construction

(1) Deadman is a large weight of sufficient mass used to anchor the base of a brace to a masonry wall.

(2) Grout lift is an increment of grout height within the total grout pour.

(3) Grout pour is the total height of a masonry wall to be grouted prior to the erection of additional masonry. A grout pour can consist of one or more grout lifts.

(4) High wind area is where construction activity continues when winds are expected to exceed 35 mph on a regular basis.

(5) Protected area is a location at a jobsite that is not exposed to winds, such as basements and interior areas.

(6) Running bond (half bond) is a bond pattern in which block are placed half way over units directly below creating a staggered look.

(7) Safe location is an area at a jobsite that employees can take refuge in order to avoid hazardous conditions.

(8) Stack bond is a bond pattern in which blocks are stacked directly over each other (not lapped longitudinally) creating continuous joints both vertically and horizontally.

(9) Straight coil loop insert is a wall insert that loops around the structural rebar and is suitable for the attachment of braces in a structural masonry wall. Minimum size of a coil loop insert is 3/4 inch.

(10) Structural rebar is rebar that extends full length or height and can be spliced per required lap.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2003, f. 1-30-03 cert. ef. 4-30-03

Or. Admin. R. 437-003-0020 Toilets

In addition to and not in lieu of any provisions in 26 CFR 1926.51(c):

(1) At the site of every project with an estimated cost of $1,000,000 or more, the employer or owner of such place of employment shall provide flush toilet facilities in accordance with subparagraph (1) of 29 CFR 1926.51(c) and washing facilities which include wash basins, warm water and soap.

NOTE: Section (1) of this rule does not apply to highway construction or maintenance projects or to electricity, water, sewer or gas transmission facility construction or maintenance projects. The director may, by order, exempt or partially exempt, individual or classes of construction projects from the requirements of section (1) of this rule when conditions are such that compliance is impractical or impossible.

(2) Where toilet facilities will not be used by women, urinals may be provided instead of toilets, except that the number of toilets in such cases shall not be reduced to less than 2/3 of the minimum specified.

(3) Toilets and toilet area shall be maintained in good repair and in a clean and sanitary condition.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-1994, f. & cert. ef. 4-27-96
APD 8-1989, f. & ef. 7-7-89
APD 5-1989, f. 3-31-89, ef. 5-1-89

Or. Admin. R. 437-003-0027 Applicable Rules

Whenever any employee is exposed to noise in the workplace, the requirements of OAR chapter 437, division 2/G, 1910.95, Occupational Noise Exposure shall apply.

NOTE: §1926.52 was not adopted by the Department. In Oregon, 437-003-0027 applies.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-1994, f. & cert. ef. 9-30-94
APD 8-1989, f. & ef. 7-7-89

Or. Admin. R. 437-003-0037 Acceptable Equipment

Respiratory protective devices shall be approved by the National Institute for the Occupational Safety and Health (NIOSH), or acceptable to the Department of Insurance and Finance, for the specific contaminants to which the employee is exposed.

NOTE: §1926.103(a)(2) was not adopted by the Department. In Oregon, OAR 437-003-0037 applies.

NOTES:

-1- §1926.451(u)(3) was not adopted by the Department. In Oregon, OAR 437-003-0040, applies. See §1926.104 for Oregon-Initiated Rule OAR 437-003-0040, Fall Protection.

-2- Oregon Exception 1: On sloped roofs with a roof slope between 3:12 to and including 6:12, and having a ground-to-eave height not to exceed twenty-five (25) feet, 2 x 6 roofing brackets, with full bearing on a solid surface, may be used for fall protection when performing roofing and sheathing work on residential type structures.

-3- Oregon Exception 2: On residential type structures with a roof slope greater than 6:12 to and including 8:12, and having a ground-to-eave height not to exceed twenty-five (25) feet, roofing brackets may be used when brackets are used in multiples and spaced every eight (8) feet vertically. All brackets shall bear on a solid surface.

-4- Oregon Exception 3: When performing residential type construction work such as leading edge work, top plate work, constructing and setting walls and trusses or doing roofing and sheathing work, the fall distance to a lower level may be increased from 6 feet to 10 feet.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 8-1989, f. & ef. 7-7-89

Or. Admin. R. 437-003-0045 Additional Definitions

The following definitions are in addition to those found in 1926.751:

(1) Certification required by this section means “in writing.”

NOTE: In Oregon, a competent person is considered to be someone with equivalent skills as a qualified person in identifying existing and potential hazards in the workplace, while also being authorized by the employer or employer’s representative to take immediate corrective action to control or eliminate hazards.

(2) Dangerous equipment — Equipment such as pickling or galvanizing tanks, degreasing units, machinery, electrical equipment, and other units which, as a result of form or function, may be hazardous to employees who fall onto or into such equipment.

(3) Lower levels — Those areas or surfaces to which an employee can fall. Such areas or surfaces include, but are not limited to, ground levels, floors, platforms, ramps, runways, excavations, pits, tanks, material, water, equipment, structures.

NOTE: Oregon OSHA did not adopt the federal OSHA definition of “Opening.” In Oregon, OAR 437-003-0045(4) applies.

(4) Opening means a gap or void 12 inches (30.5 cm) or more in any dimension in a floor, roof or other walking/working surface. For the purposes of this subpart, skylight and smoke domes that do not meet the strength requirements of 1926.754(e)(3) shall be regarded as openings.

(5) Walking/working surface means any surface, whether horizontal or vertical on which an employee walks or works, including, but not limited to, floors, roofs, ramps, bridges, runways, formwork, beams, columns, trusses and concrete reinforcing steel but not ladders, vehicles, or trailers, on which employees must be located in order to perform their job duties.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-2002, f. & cert. ef. 7-19-02
OSHA 3-2002, f. 4-15-02, cert. ef. 4-18-02 10-1-03
APD 8-1989, f. & cert. ef. 7-7-89
APD 5-1989, f. 3-31-89, cert. ef. 5-1-89

Or. Admin. R. 437-003-0047 Working Near Overhead High Voltage Lines and Equipment

(1) Definitions.

(b) Restricted Space.

(A) For lines rated more than 600 V to 50 kV, restricted space extends 10 feet in all directions from the surface of the line or equipment.

(c) Proper Notification. The person(s) responsible for the planned activity must notify the owner/operator of the line or equipment, at their business office, at least 2 business days prior to the anticipated beginning of work (business days are Monday through Friday, excluding federal and state holidays). The notification must include:

(A) The proposed date to start activity within restricted space;

(B) The location of the planned activity;

(D) Name and contact information of the contact person.

(a) You are the owner, an authorized employee, or authorized (in writing) agent of the overhead high voltage system: or

(b) Proper notification is provided; and

(A) The line and/or equipment is de-energized and visibly grounded by the owner of the high voltage system or their authorized agent; or

(B) Accidental contact is effectively prevented by use of insulating barriers or guards. Barriers or guards must:

(i) Be erected or installed by the owner of the high voltage system or their authorized agent;

(ii) Not be attached to, or be part of the lines, equipment, or machinery;

(iii) Prevent all possible contact with the lines or equipment; and

(iv) Insulate against the system’s maximum voltage; or

NOTE: Nothing in this standard shifts the responsibility for safe and healthy working conditions from the person(s) responsible for the activity to the owner of the lines or their agent.

(3) Do not move, reposition, or reduce restricted space in any direction by applying stress or force to a line, equipment, or supporting structure.

(4) Operation of machinery or equipment.

(a) Do not enter restricted space when using insulating links or proximity warning devices on equipment.

(b) Post a warning sign on each piece of equipment which is capable of vertical, lateral, or swinging motion, such as a crane, derrick, power shovel, drilling rig, or pile driver.

(A) The sign must be made of durable material.

(B) It must be in clear view of the operator.

(D) The message must be understood by the operator.

(E) The message must clearly convey that it is “Unlawful to operate the piece of equipment within 10 feet of high voltage lines”.

(5) Railway and commuter systems

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2007, f. 6-8-07, cert. ef. 6-15-07
APD 8-1989, f. & ef. 7-7-89
APD 5-1989, f. 3-31-89, ef. 5-1-89

Or. Admin. R. 437-003-0062 Lead Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 3/D, 1926.62 Lead, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical suveillance requirements specified in these Lead rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-003-0065 Extension Ladders

Extension ladders shall be equipped with necessary guide irons, locks, and hooks and shall be assembled so that the sliding (upper) section shall be on top of the base (lower) section.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 8-1989, f. & ef. 7-7-89
APD 5-1989, f. 3-31-89, ef. 5-1-89

Or. Admin. R. 437-003-0071 Manually Propelled Elevating Aerial Platforms

When using manually propelled elevating aerial platforms as covered by ANSI/SIA A92.3-1990, the manufacturer’s operating manual must be with the equipment. You must follow all operating and maintenance instructions and recommendations of the manufacturer.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-1997, f. & cert. ef. 3-12-97

Or. Admin. R. 437-003-0073 Boom Supported Elevating Work Platforms

(1) When using boom supported elevating work platforms as covered by ANSI/SIA A92.5-1992, the manufacturer’s operating manual must be with the equipment. You must follow all operating and maintenance instructions and recommendations of the manufacturer.

(2) Workers must use personal fall protection that complies with Subdivision M of this division, when working in these devices.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-1997, f. & cert. ef. 3-12-97

Or. Admin. R. 437-003-0074 Scissor Lifts — Self-Propelled Elevating Work Platforms

When using self-propelled elevating aerial platforms, scissor lifts, as covered by ANSI/SIA A92.6-1990, the manufacturer’s operating manual must be with the equipment. You must follow all operating and maintenance instructions and recommendations of the manufacturer.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-1997, f. & cert. ef. 3-12-97

Or. Admin. R. 437-003-0080 Wind Velocity Device

(1) The employer shall provide a wind velocity device which will give a visible or audible alarm to the crane operator at a predetermined wind velocity; and

(2) The employer shall ensure that:

(a) The wind velocity device is compatible with the manufacturer’s crane specifications; and

(b) The crane operators are fully instructed regarding the maximum permissible wind speeds during operation; and

History

Statutory/Other Authority: ORS 643.014(1) & 646.716(2)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-1994, f. & cert. ef. 9-30-94
OSHA 16-1991, f. 12-18-91, cert. ef. 1-1-92

Or. Admin. R. 437-003-0085 General Requirement

An unimpaired horizontal clearance or not less than three feet shall be maintained between the rotating superstructure of any mechanical equipment and any adjacent object or surface. If this clearance cannot be maintained, barricades shall be installed to isolate the hazardous area.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 8-1989, f. & ef. 7-7-89
APD 5-1989, f. 3-31-89, ef. 5-1-89

Or. Admin. R. 437-003-0090 Pinchpoints

To protect against workers being exposed to the hazardous pinchpoint area between the rotating superstructure and the non-rotating undercarriage of any mechanical equipment:

(1) Signs shall be conspicuously posted on all sides of any mechanical equipment warning workers:

Danger — Stay Clear

(2) Items of personal property, tools, or other miscellaneous materials shall not be stored on or near any mechanical equipment if retrieval of such items would expose a worker to the hazardous pinchpoint.

(3) Workers shall approach the hazardous pinchpoint area only after informing the operator of his intent and receiving acknowledgement from the operator that the operator understands his intention. All mechanical equipment shall be stopped while any worker is in the hazardous pinchpoint area; and

(4) When the nature of the work requires a person to work within three feet of the swing radius of the rotating upper structure, a warning barricade shall be provided. This requirement shall not apply to mechanical equipment when:

(a) The distance from the highest point of the undercarriage to the lowest point of the rotating superstructure is greater than 18 inches. This applies only to that portion of the rotating superstructure that swings directly over the undercarriage;

(b) The distance from the ground to the lowest point of the rotating superstructure is greater than five feet six inches. This applies only to that portion of the rotating superstructure that swings directly over the undercarriage; or

(c) On crawler-type track-mounted mechanical equipment only, the rotating superstructure is positioned at a right angle to the tracks, and the distance from the side of the cab to the extreme end of the track is four feet or less. This exemption shall apply to side barricades only; barricades between the tracks at both ends of any crawler-type mechanical equipment are required regardless of the right angle dimension.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 8-1989, f. & ef. 7-7-89
APD 5-1989, f. 3-31-89, ef. 5-1-89

Or. Admin. R. 437-003-0094 Personnel Platforms

Whenever a lift truck is used for lifting personnel without controls at the platform, the following precautions shall be taken for the protection of personnel being elevated:

(1) A work platform equipped with standard guardrails or equivalent means, and firmly secured to the lifting carriage or forks, shall be used.

(2) The hydraulic system shall be so designed that the lift mechanism will not drop faster than 135 feet per minute in the event of a failure in any part of the system.

(3) An operator shall attend the lift equipment while workers are on the platform.

(4) The operator shall be in the normal operating position while raising or lowering the platform.

(5) The vehicle shall not travel from point to point with the work platform elevated at a height greater than 4 feet while workers are on the platform. When necessary at heights greater than 4 feet, inching may be permitted provided it is done at a very slow speed.

(6) If workers on the platform can contact the lift chains or other dangerous pinch or shear points on the mast or carriage, the platform must have a screen or guard that prevents contact.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-1999, f. & cert. ef. 5-26-99

Or. Admin. R. 437-003-0096 Underground Installations

In addition to and not in lieu of any rules relating to “underground installations” adopted in Oregon Administrative Rules, Chapter 437, the following Oregon Revised Statutes and Oregon Administrative Rules administered by the Oregon Public Utility Commission (PUC) shall apply:

(1) ORS 757.541 through 757.571; and

(2) OAR 952-001-0050 and 860-024-0007.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 4-2011, f. & cert. ef. 12-8-11
OSHA 8-1990, f. 3-30-90, cert. ef. 9-1-90

Or. Admin. R. 437-003-0134 Personal Protective Equipment

(1) Hazard assessment and equipment selection. The employer must assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE) or other protective equipment. If such hazards are present, or likely to be present, the employer must:

(a) Select, and have each affected employee use, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment;

(A) All protective equipment must be of safe design and construction for the work to be performed.

(B) Protective equipment must be worn and used in a manner which will make full use of its protective properties.

(b) Communicate selection decisions to each affected employee; and,

(2) Equipment.

(a) Where employees provide their own protective equipment, the employer is responsible to assure its adequacy, including proper maintenance, and sanitation of such equipment.

(b) All personal protective equipment must be provided, used, and maintained in a sanitary and reliable condition.

(d) Each employer must maintain a regular system of inspection and maintenance of personal protective equipment furnished to workers.

(3) Training.

(a) The employer must provide training to each employee who is required by this section to use PPE and each employee that is provided training must know at least the following:

(A) When PPE is necessary;

(B) What PPE is necessary;

(D) The limitations of the PPE; and,

(E) The proper care, maintenance, useful life and disposal of the PPE.

(A) Changes in the workplace render previous training obsolete; or

(B) Changes in the types of PPE to be used render previous training obsolete; or

(C) Inadequacies in an affected employee’s knowledge or use of assigned PPE indicate that the employee has not retained the requisite understanding or skill.

(4) Payment for protective equipment.

(d) The employer is not required to pay for:

(A) The logging boots required by OAR 437-007-0330 in Division 7.

(B) Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots; or

(e) The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE.

(5) Fall Protection. When fall protection systems are required by another standard, the employer must ensure that fall protection systems are provided, installed, and implemented according to the criteria in 1926.502, 437-003-0502, 437-003-1502 and 437-003-2502 in Division 3/M, Fall Protection.

(6) Work Clothing.

(a) Clothing must be worn which is appropriate to the work performed and conditions encountered.

(b) Appropriate high temperature protective clothing must be worn by workers who are exposed to possible contact with molten metals or other substances that can cause burns.

(d) Clothing saturated or impregnated with flammable liquids, corrosive or toxic substances, irritants, or oxidizing agents must be removed immediately and not worn again until properly cleaned.

(e) Rings, wristwatches, earrings, bracelets, and other jewelry which might contact power driven machinery or electric circuitry, must not be worn.

(7) High Visibility Garments. Employees exposed to hazards caused by on highway type moving vehicles in construction zones and street/highway traffic must wear highly visible upper body garments. The colors must contrast with other colors in the area sufficiently to make the worker standout. Colors equivalent to strong red, strong orange, strong yellow, strong yellow-green or fluorescent versions of these colors are acceptable. During hours of darkness, the garments must also have reflective material visible from all sides for 1000 feet.

(8) Eye And Face Protection.

(d) Eye and face PPE must be distinctly marked to facilitate identification of the manufacturer.

(e) The employer must ensure that each affected employee uses equipment with filter lenses that have a shade number appropriate for the work being performed for protection from injurious light radiation. [Insert Table 1 and Table 2 for 437-003-0134(8)(e)]

(f) Protective eye and face protection devices must comply with any of the following consensus Standards.

(A) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye and Face Protection Devices, incorporated by reference in 1926.6;

(B) ANSI Z87.1-2003, American National Standard Practice for Occupational and Educational Eye and Face Protection, which is incorporated by reference in 1926.6; or

(C) ANSI Z87.1-1989 (R-1998), American National Standard Practice for Occupational and Educational Eye and Face Protection, which is incorporated by reference in 1926.6.

(9) Head Protection.

(a) The employer must ensure that each affected employee wears a protective helmet when working in areas where there is a potential for injury to the head from falling or flying objects.

(A) ANSI Z89.1-2009, American National Standard for Industrial Head Protection, which is incorporated by reference in 1926.6;

(B) ANSI Z89.1-2003, American National Standard for Industrial Head Protection, which is incorporated by reference in 1926.6;

(C) ANSI Z89.1-1997, American National Standard for Industrial Head Protection, which is incorporated by reference in 1926.6; or

(e) Employees who are exposed to power-driven machinery or to sources of ignition shall wear caps or other head covering which completely covers the hair.

(10) Foot Protection.

(b) Protective footwear must comply with any of the following consensus standards:

(B) ANSI Z41-1999, American National Standard for Personal Protection –Protective Footwear, which is incorporated by reference in1910.6; or

(C) ANSI Z41-1991, American National Standard for Personal Protection –Protective Footwear, which is incorporated by reference in §1910.6.

(d) Special types or designs of shoes or foot guards are required where conditions exist that make their use necessary for the safety of workers.

(11) Leg protection.

(a) Leggings or high boots of leather, rubber, or other suitable material must be worn by persons exposed to hot substances or dangerous chemical spills.

(12) Hand Protection.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024
OSHA 2-2023, amend filed 08/16/2023, effective 08/17/2023
OSHA 1-2023, temporary amend filed 03/30/2023, effective 04/03/2023 through 09/29/2023
OSHA 4-2016, f. & cert. ef. 9-7-16
OSHA 3-2016, f. & cert. ef. 8-19-16
OSHA 1-2016, f. 3-1-16, cert. ef. 1-1-17
OSHA 2-2013, f. 2-15-13, cert. ef 4-1-13

Or. Admin. R. 437-003-0404 Branch Circuits

(1) General. Use ground fault circuit interrupters specified in (2) below or an assured equipment grounding conductor program as in (3) below. These requirements are in addition to any other requirements for equipment grounding conductors.

(2) All 125-volt, single-phase, 15-, 20-, and 30-ampere receptacles on construction sites, that are for temporary power and are available for use by employees, must have approved ground-fault circuit interrupters. GFI protection must be at the outlet end of the circuit. Extension cords or other devices with listed ground-fault circuit interrupter protection for personnel identified for portable are acceptable.

(3) Assured equipment grounding conductor program: Receptacles more than 125-volt, single-phase, 30-amperes must have protection that complies with (2) above, or an assured equipment grounding conductor program that complies with the following:

(a) A written description of the program, including the employer's specific procedures. The program must be at the job site for inspection and copying by the Administrator and any affected employee.

(b) The employer must designate one or more competent persons (defined in §1926.32(f)) to implement the program.

(c) Before each day's use, visually inspect each extension cord, or other device, and any equipment connected by cord and plug, for external defects, such as deformed or missing pins or insulation damage, and for signs of possible internal damage. Extension cords, devices and receptacles not exposed to damage are exempt from this inspection. Do not use damaged or defective equipment.

(d) Do these tests on all extension cords, other devices and receptacles that are not part of the permanent wiring of the building or structure, and cord- and plug-connected equipment required to be grounded:

(A) Test all equipment grounding conductors for continuity.

(B) Test each receptacle or plug to assure the equipment grounding conductor is connected to its proper terminal.

(e) Do all required tests:

(A) Before first use;

(B) Before first use after repair;

(D) At intervals not longer than 3 months. Inspect fixed extension cords, other devices and receptacles not exposed to damage at least every 6 months.

(f) Record all tests required in this paragraph. This test record must identify each receptacle, cord set, and cord- and plug-connected equipment that passed the test and indicate the last date of testing or the test interval. Keep this record by means of logs, color coding, or other effective means. Keep the record until replaced by a newer record. The record must be available on the job site for inspection by the Administrator and any affected employee.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001 - 654.295.
OSHA 5-2002, f. 6-28-02 cert. ef. 10-1-03

Or. Admin. R. 437-003-0420 Traffic Control

(1) Adequate and appropriate traffic control devices, including signs, signals, markings, and other devices must be provided and used for the protection of workers for all operations on or adjacent to a highway, street, or roadway. The traffic control devices' design and use must conform to the Manual of Uniform Traffic Control Devices (MUTCD), incorporated by reference in 1926.6.

(2) Signaling by flaggers and the use of flaggers, including warning garments worn by flaggers, must conform to the Manual of Uniform Traffic Control Devices (MUTCD), incorporated by reference in 1926.6.

(3) The design and use of barricades for the protection of employees must conform to the Manual of Uniform Traffic Control Devices (MUTCD), incorporated by reference in 1926.6.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 3-2019, amend filed 10/29/2019, effective 10/29/2019
OSHA 2-2003, f. & cert. ef. 1-30-03
OSHA 2-1989, f. & ef. 10-17-89
APD 16-1989(Temp), f. & ef. 9-13-89
APD 8-1989, f. & ef. 7-7-89
APD 5-1989(Temp), f. 3-31-89, ef. 5-1-89

Or. Admin. R. 437-003-0502 Personal Fall Restraint

Fall restraint systems and their use shall conform to the following provisions:

(1) Personal fall restraint systems shall be rigged to prevent the user from falling any distance.

(2) Fall restraint systems must use fall arrest system components that conform to the criteria in 1926.502, except as otherwise provided for in this section.

EXCEPTION: A body belt may be used in fall restraint systems.

(3) The attachment point to the body belt or full body harness may be at the back, front or side dee-rings.

(4) Anchorages used for attachment of personal fall restraint equipment shall be independent of any anchorage being used to support or suspend platforms and shall be capable of supporting 3000 pounds (13.3kN) per employee attached, or be designed, installed and used as follows:

(a) As part of a complete personal fall restraint system which maintains a safety factor of at least two; and

(b) Under the supervision of a qualified person.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-2002, f. & cert. ef. 7-19-02

Or. Admin. R. 437-003-0503 Training Requirements

(1) Training Program.

(a) The employer shall provide a training program for each employee who might be exposed to fall hazards. The program shall enable each employee to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to minimize these hazards.

(b) The employer shall assure that each employee has been trained, as necessary, by a competent person qualified in the following areas:

(A) The nature of fall hazards in the work area;

(B) The correct procedures for erecting, maintaining, disassembling, and inspecting the fall protection systems to be used;

(C) The use and operation of guardrail systems, personal fall arrest systems, safety net systems, warning line systems, safety monitoring systems, personal fall restraint systems, positioning devices, and other appropriate protection to be used;

(D) The role of each employee in the safety monitoring system when this system is used;

(E) The limitations on the use of mechanical equipment during the performance of roofing work;

(F) The correct procedures for the handling and storage of equipment and materials and the erection of overhead protection; and

(G) The role of employees in the fall protection work plan;

(H) The standards contained in this subpart.

(2) Certification of training.

(a) The employer shall verify compliance with paragraph (a) of this section by preparing a written certification record. The written certification record shall contain the name or other identity of the employee trained, the date(s) of the training, and the signature of the person who conducted the training or the signature of the employer. If the employer relies on training conducted by another employer or completed prior to the effective date of this section, the certification record shall indicate the date the employer determined the prior training was adequate rather than the date of actual training.

(b) The latest training certification shall be maintained.

(3) Retraining. When the employer has reason to believe that any affected employee who has already been trained does not have the understanding and skill required by paragraph (a) of this section, the employer shall retrain each such employee. Circumstances where retraining is required include, but are not limited to, situations where:

(a) Changes in the workplace render previous training obsolete; or

(b) Changes in the types of fall protection systems or equipment to be used render previous training obsolete; or

(c) Inadequacies in an affected employee’s knowledge or use of fall protection systems or equipment indicate that the employee has not retained the requisite understanding or skill.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2016, f. 3-1-16, cert. ef. 10-1-17
OSHA 6-2002, f. & cert. ef. 7-19-02

Or. Admin. R. 437-003-0706 Protection of Employees On or Near Masonry Walls

(1) Nonreinforced Masonry Walls. The limited access zone for a masonry wall that is not reinforced and braced in accordance with 437-003-0706(3) must run the entire length of the wall, and extend away from the wall a distance equal to the height of the wall plus four feet.

(2) Limited Access Zone for Masonry Walls. The limited access zone shall remain in place until the wall is adequately supported to prevent overturning and to prevent collapse unless the height of wall is over eight feet, in which case, the limited access zone shall remain in place until the requirements of 437-003-0706(3) of this section have been met.

(3) Bracing for Masonry Walls. All masonry walls over eight feet in height must be adequately braced to prevent overturning and collapse unless the wall is adequately supported. Bracing must remain in place until permanent supporting elements of the structure are in place. The bracing system must be designed by a registered professional engineer, or follow the requirements of 437-003-0706(4).

(4) Protection of Employees On or Near Braced Masonry Walls.

(a) A limited access zone must be established when constructing a reinforced masonry wall.

(A) A limited access zone must be established before construction of the wall begins.

(B) A limited access zone must run the entire length of the wall, and extend away from the wall a distance equal to the height of the grout pour plus four feet.

(D) All activity within the limited access zone is under the direction and control of a competent person.

(E) Entry into the limited access zone is limited to employees actively engaged in construction of the wall. No other employees are allowed to enter the zone without permission from a competent person.

(F) A competent person is responsible for monitoring wind speeds. When speeds reach 25 mph all braces must be examined and the site made secure.

(G) When wind speeds reach 35 mph, all employees in the limited access zone and in proximity to the wall under construction must move to a safe location.

(H) The limited access zone must remain in place until any wall over 8 feet in height is adequately braced as per paragraph 437-003-0706(4)(e) of this section or supported to prevent overturning and to prevent collapse.

(b) During construction of a masonry wall, adequate bracing must be in place to prevent the wall from overturning or collapse. If any of these conditions exist, the bracing is not needed:

(A) The wall is 8 feet or less in height.

(B) A qualified person demonstrates that modifications to paragraph 437-003-0706(4)(e) are adequate when addressing these or other inherently more stable conditions:

(i) Shafts;

(ii) Infills in existing walls;

(iii) Construction in protected areas;

(iv) Changes in wall thickness;

(v) Masonry pilasters; or

(vi) Corner returns, intersecting walls.

(c) Design bracing systems according to paragraphs 437-003-0706(4)(d) and (e) of this section and install them under the direction of a competent person.

(d) A registered professional engineer must design bracing when there is one or more of the following:

(A) The wall is more than 24 feet in height;

(B) the minimum requirements of 437-003-0706(4)(e)(A) or (B) are not met;

(D) High wind areas.

(e) A structural masonry wall bracing system must be designed by a qualified person. The design and installation of the bracing system must comply with the following requirements:

(A) Minimum design requirements, including minimum requirements per chapter 26 of the Uniform Building Code, for use in Options 1 or 2:

NOTE: This information may be included in the blueprints.

(i) F’m 1500 psi, concrete block laid in running bond pattern.

(ii) Type S mortar.

(iii) 60 ksi rebar, with minimum placement of 2 - #4 horizontally and 1 — #5 vertically at 48 inches on center.

(iv) 2,000 psi grout required at reinforced areas.

(v) Straight coil loop insert with coil bolts (safe working load = 2250 lb.).

(vi) Metal concrete tilt braces.

(vii) Wall height not to exceed 24 feet.

(B) Minimum field requirements for use in Options 1 or 2:

(i) The horizontal spacing distance between two or more braces must not exceed 20 feet;

(ii) The horizontal bracing distance from an end of wall or control joint must not exceed 10 feet;

(iii) A qualified person must determine if walls less than 20 feet in length require two braces;

(iv) The connection of the brace to the masonry wall must consist of a minimum 3/4 inch straight coil loop insert, placed around a structural rebar located at an ungrouted bond beam;

(v) At least one structural rebar must be located between the attached bar and face shell that receives brace (see figure 1);

(vi) The base connection of brace must consist of a minimum 3/4 inch anchor attached to either a 4 inch minimum thick slab or deadman;

(vii) The brace angle must not be greater than 60 degrees from the horizontal;

(viii) The slab or deadman connection must resist a minimum 3,400 lbs. pullout force.

(i) A maximum 8 feet of initial wall height may be laid with minimum reinforcement and then grouted.

(ii) A maximum 5 feet, 4 inches of additional wall may be laid with reinforcement located to receive straight coil loop inserts at the bond beam location.

(iii) The first brace must be connected to the wall insert and attached to slab or deadman at base of wall.

(iv) The reinforced section must be grouted.

(v) Additional wall may be constructed following steps 437-003-0706(4)(e)(C)(ii) through (iv).

(D) Option 2 — Bracing structural masonry walls with grout pours up to 8 feet in height.

(i) A maximum 8 feet of the initial wall height may be laid with minimum reinforcement and then grouted.

(ii) A maximum 5 feet, 4 inches of additional wall may be laid with reinforcement located to receive straight coil loop inserts at a bond beam location.

(iii) Braces must be connected to coil loop inserts in the wall and attached at the base to either a slab or deadman.

(iv) The wall may be laid and reinforced up to the grout pour.

(v) No more than 4 feet of ungrouted wall above the brace point is permitted.

(vi) Grouting may be done after each section of wall is adequately braced.

(vii) A maximum of 8 feet of additional wall height may be constructed and braced following steps 437-003-0706(4)(e)(D)(ii) through (iv). Figure 1: [Figure not included, see ED. NOTE.] Straight coil loop insert attached to rebar with perpendicular rebar between it and face shell to receive brace.

[ED. NOTE: Figure referenced is available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2003, f. 1-30-03 cert. ef. 4-30-03

Or. Admin. R. 437-003-0752 Site-Specific Erection Plan

In addition to and not in lieu of the provisions of 29 CFR 1926.752(e), the steel erection contractor must develop and implement a written site-specific erection plan.

(1) The site-specific erection plan must:

(a) Be developed by a qualified person;

(b) Identify the site;

(d) Be signed by the qualified person responsible for its development and any modification(s).

NOTE: The site-specific erection plan does not have to be developed by an engineer, or resemble an engineering report.

(2) The site-specific erection plan must contain the following:

(a) A description of the procedures that will be used to comply with 1926.754(a). Consider the dead weight of the structure, the weight and working reactions of all static and dynamic loads placed on it, and all external forces that may be applied such as wind and reactions by erection equipment.

NOTE: There is a presumption that some form of temporary guying or bracing is necessary to provide lateral stability to the structural steel framing as it is being erected. Accordingly, the employer has the burden of establishing that the structural steel framing is inherently stable during erection and/or the sequence of erection, plumbing, bolting and decking is such that structural stability is maintained at all times and no temporary guying or bracing is needed. Such determination must be documented in the site-specific erection plan.

(b) A description of the procedures and work practices that will be used to protect employees from falls and other hazards where it is necessary to walk/work on suspended loads. Employee(s) are allowed on suspended loads only when a competent person has determined that it is the safest way to accomplish a specific task or there is no other way to do the work.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001-654.295
OSHA 3-2002, f. 4-15-02, cert. ef. 4-18-02

Or. Admin. R. 437-003-0753 Tag Lines

Tag lines shall be used to control loads except when it is determined, by a qualified rigger, that they create a hazard.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-2002, f. & cert. ef. 7-19-02

Or. Admin. R. 437-003-0761 Additional Training Requirements

(1) Certification of training.

(a) The employer shall verify compliance with this section by preparing a written certification record. The written certification record shall contain the name or other identity of the employee trained, the date(s) of the training, and the signature of the person who conducted the training or the signature of the employer. If the employer relies on training conducted by another employer or completed prior to the effective date of this section, the certification record shall indicate the date the employer determined the prior training was adequate rather than the date of actual training.

(b) The latest training certification shall be maintained.

(2) Retraining. When the employer has reason to believe that any affected employee who has already been trained does not have the understanding and skill required by this section, the employer shall retain each such employee. Circumstances where retaining is required include, but are not limited to, situations where:

(a) Changes in the workplace render previous training obsolete; or

(b) Changes in the types of fall protection systems or equipment to be used render previous training obsolete; or

(c) Inadequacies in an affected employee’s knowledge or use of fall protection systems or equipment indicate that the employee has not retained the requisite understanding or skill.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-2002, f. & cert. ef. 7-19-02

Or. Admin. R. 437-003-0905 Flooring

In buildings or other structures of wood floor construction, the under-flooring shall be laid on each tier of joists as the structure progresses, or if double floors are not to be used, the tier of joists next below where work is being performed shall be entirely floored over except for such spaces as are required for ladders and shaftways.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 8-1989, f. & ef. 7-7-89
APD 5-1989(Temp), f. 3-31-89, ef. 5-1-89

Or. Admin. R. 437-003-0910 Temporary Floors

Temporary floors shall be of sufficient strength to support expected loading.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 8-1989, f. & ef. 7-7-89
APD 5-1989(Temp), f. 3-31-89, ef. 5-1-89

Or. Admin. R. 437-003-0915 Shoring, Bracing or Guying of Structures

During erection, alteration, or repair, structures, including each part thereof, shall be braced or guyed as necessary to prevent overturning or collapse. All temporary shoring, bracing, or guying used for this purpose shall be maintained until the structure or any part of same is otherwise secured against overturning or collapse.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 8-1989, f. & ef. 7-7-89
APD 5-1989(Temp), f. 3-31-89, ef. 5-1-89

Or. Admin. R. 437-003-0920 Project Plans

The Administrator of the Accident Prevention Division may require plans and specifications of temporary shoring and bracing used in the construction or alteration of any building, structure, or excavation project. Required plans shall be certified by a qualified engineer, whenever there is a question as to compliance with requirements of this code.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
APD 8-1989, f. & ef. 7-7-89
APD 5-1989(Temp), f. 3-31-89, ef. 5-1-89

Or. Admin. R. 437-003-0925 Powder-Actuated Tools

Powder-actuated tools used by employees shall meet all other applicable requirements of American National Standards Institute, ANSI A10.3-1985, Safety Requirements for Powder-Actuated Fastening Systems.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(3)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 8-1990, f. 3-30-90, cert. ef. 9-1-90

Or. Admin. R. 437-003-1000 Oregon Rules for Air Contaminants

An employee's exposure to any substance listed in Oregon Tables Z-1, Z-2, or Z-3 of this section shall be limited in accordance with the requirements of the following paragraphs of this section.

(1) Oregon Table Z-1.

(a) Substances with limits preceded by "C" – Ceiling Values. An employee's exposure to any substance in Oregon Table Z-1, the exposure limit of which is preceded by a "C", shall at no time exceed the exposure limit given for that substance. If instantaneous monitoring is not feasible, then the ceiling shall be assessed as a 15-minute time weighted average exposure which shall not be exceeded at any time during the working day.

(b) Other substances – 8-hour Time Weighted Averages. An employee's exposure to any substance in Oregon Table Z-1, the exposure limit of which is not preceded by a "C", shall not exceed the 8-hour Time Weighted Average given for that substance in any 8-hour work shift of a 40-hour work week.

(d) Skin Designation. To prevent or reduce skin absorption, an employee's skin exposure to substances listed in Oregon Table Z-1 with an "X" in the Skin Designation column following the substance name shall be prevented or reduced to the extent necessary in the circumstances through the use of gloves, coveralls, goggles, or other appropriate personal protective equipment, engineering controls or work practices.

(2) Oregon Table Z-2. An employee's exposure to any substance listed in Oregon Table Z‑2 shall not exceed the exposure limits specified as follows:

(a) 8-hour time weighted averages. An employee's exposure to any substance listed in Oregon Table Z-2, in any 8-hour work shift of a 40-hour work week, shall not exceed the 8-hour time weighted average limit given for that substance in Oregon Table Z-2.

(b) Acceptable ceiling concentrations. An employee's exposure to a substance listed in Oregon Table Z-2 shall not exceed the acceptable ceiling concentration for the given substance in the table at any time during an 8-hour shift except: Acceptable maximum peak above the acceptable ceiling concentration for an 8-hour shift. An employee’s exposure to a substance listed in Oregon Table Z-2 shall not exceed the acceptable maximum peak above the acceptable ceiling concentration, and shall not exceed the maximum duration for the given substance during an 8-hour shift.

(c) Example. During an 8-hour work shift, an employee exposed to benzene may be exposed to an 8-hour time weighted average (TWA) of 10 ppm. Concentrations of benzene during the 8-hour work shift may not exceed 25 ppm, unless that exposure is no more than 50 ppm and does not exceed 10 minutes during an 8-hour work shift. Such exposures must be compensated by exposures to concentrations below 10 ppm so that the 8-hour time-weighted average is less than 10 ppm.

(3) Oregon Table Z-3. An employee's exposure to any substance listed in Oregon Table Z‑3, in any 8-hour work shift of a 40-hour work week, shall not exceed the 8-hour time weighted average limit given for that substance in the table.

(a) Cumulative Exposures.

(A) The cumulative exposure for an 8-hour work shift shall be computed as follows:

(b) Mixtures.

(A) In case of a mixture of air contaminants an employer shall compute the equivalent exposure as follows:

(B) To illustrate the formula prescribed in paragraph (4)(b)(i) of this section, consider the following exposures:

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4)
Statutes/Other Implemented: ORS 654.001 through 654.295
OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022
OSHA 3-2019, amend filed 10/29/2019, effective 10/29/2019
OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18
OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18
OSHA 6-2008, f. 5-13-08, cert. ef. 7-1-08
OSHA 6-2006, f. & cert. ef. 8-30-06
OSHA 4-2001, f. & cert. ef. 2-5-01
OSHA 6-1997, f. & cert. ef. 5-2-97

Or. Admin. R. 437-003-1101 Asbestos Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 3/Z, 1926.1101 Asbestos, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Asbestos rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-003-1127 Cadmium Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 3/Z, 1926.1127 Cadmium, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Cadmium rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-003-1423 Fall Protection

(1) Personal fall arrest and fall restraint systems must use personal fall arrest components that conform to the criteria in Division 3/M Fall Protection.

NOTE: Except that 1926.502(d)(15), Fall Protection Systems Criteria and Practices/Personal fall arrest systems (anchors), does not apply to components used in personal fall arrest and fall restraint systems. (See 1926.1423(g) and 437-003-1423(3))

(2) When employees are assembling, disassembling or otherwise performing work on a walking/working surface of a crane with an unprotected side or edge more than 10 feet above a lower level, the employer must provide fall protection systems and ensure they are installed and used according to the criteria in Division 3/M, Fall Protection.

(a) When moving point-to-point:

(A) On non-lattice booms (whether horizontal or not horizontal).

(B) On lattice booms that are not horizontal.

(b) While at a work station on any part of the equipment (including the boom, of any type), except when the employee is at or near draw-works (when the equipment is running), in the cab, or on the deck.

(3) Anchorage criteria. 1926.502(d)(15), 1926.502(e)(2), and 437-003-0502(4) apply to equipment covered by this subdivision only to the extent delineated in paragraphs 1926.1423(g)(2) and (3).

(4) Tower cranes. When employees are erecting, climbing, dismantling or otherwise performing work on a walking/working surface of a tower crane with an unprotected side or edge more than 10 feet above a lower level, employers must ensure that fall protection systems are provided, installed, and used according to the criteria in Division 3/M, Fall Protection.

(5) Anchoring to the load line. A personal fall arrest system is permitted to be anchored to the crane/derrick’s hook or other part of the load line when all of the following requirements are met:

(a) A qualified person determines that the set up and rated capacity of the crane/derrick, including the hook, load line and rigging, meets or exceeds the requirements in 1926.502(d)(15).

(b) The operator is informed that it is being used for this purpose and is in view of and no more than 25 feet from the operator station/cab.

(d) The crane/derrick is not moved when the personal fall arrest system is anchored and being used.

(6) Training. The employer must train each employee who may be exposed to fall hazards while on, or hoisted by, equipment covered by this subdivision on the applicable requirements in OARs 437-003-1599 and 437-003-0502.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4).
Statutes/Other Implemented: ORS 654.001 - 654.295.
OSHA 1-2011, f. & cert. ef. 2-9-11

Or. Admin. R. 437-003-1500 Additional Definitions

(1) Body belt means a Type 1 safety belt used in conjunction with lanyard or lifeline for fall restraint only.

(2) Fall protection system means personal fall arrest system, personal fall restraint system, positioning device system, guardrail system, safety net system, warning line system, or safety monitoring system.

(3) Personal fall restraint system means a fall protection system that prevents the user from falling any distance. The system is comprised of either a body belt or body harness, along with an anchorage, connectors and other necessary equipment. The other components typically include a lanyard, and may also include a lifeline and other devices.

(4) Rake edge means the inclined roof edges, such as those on the gable end of a building.

(5) Roofing work means the hoisting, storage, application, and removal of roofing materials and equipment, including related insulation, sheet metal, and vapor barrier work, but not including the construction of the roof deck and leading edge work.

(6) Walking/working surface means any surface, whether horizontal or vertical on which an employee walks or works, including, but not limited to, floors, roofs, ramps, bridges, runways, formwork, beams, columns, trusses and concrete reinforcing steel but not ladders, vehicles, or trailers, on which employees must be located in order to perform their job duties.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 2-2016, f. 3-1-16, cert. ef. 10-1-17
OSHA 6-2002, f. & cert. ef. 7-19-02

Or. Admin. R. 437-003-1501 Fall Protection

(1) General. Except where permitted by another standard, when employees are exposed to a hazard of falling 6 feet or more to a lower level, the employer must ensure that fall protection systems are provided, installed, and implemented according to the criteria in 1926.502, 437-003-0502, 437-003-1502, and 437-003-2502.

(2) Walking/working surfaces. The employer must determine if the walking/working surfaces on which its employees are to work have the strength and structural integrity to safely support employees. Employees may work on those surfaces only when the surfaces have the requisite strength and structural integrity.

(3) Holes. Regardless of height, each employee on a walking/working surface must be protected from tripping in or stepping into or through holes (including skylights) by covers, or equivalent.

NOTE: Smoke domes or skylight fixtures are not considered covers for the purpose of this section unless they meet the strength requirements of 1926.502(i).

(4) Wall openings. Each employee working on, at, above, or near wall openings (including those with chutes attached) where the inside bottom edge of the wall opening is less than 39 inches above the walking/working surface and the outside bottom edge of the wall opening is 6 feet or more above lower levels, must be protected from falling by the use of guardrail systems, safety net systems, personal fall arrest systems, or personal fall restraint systems.

(5) Excavations.

(a) Employers must use guardrail systems, fences, or barricades to protect any employee who might approach the edge of an excavation, when the excavation is 6 feet or more in depth and is not readily seen because of plant growth or other visual barrier.

(b) Employers must use guardrail systems, fences, barricades, or covers to protect any employee who might approach the edge of a well, pit, shaft, or other similar excavation, when the excavation is 6 feet or more in depth.

(6) Dangerous equipment. In addition to the fall protection requirements under 437-003-1501(1), each employee working less than 6 feet above dangerous equipment must be protected from falls into or onto dangerous equipment by guardrail systems or equipment guards.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2016, f. 3-1-16, cert. ef. 1-1-17
OSHA 6-2002, f. & cert. ef. 7-19-02

Or. Admin. R. 437-003-1502 Warning Line Systems for Roofing Work

(1) A warning line system shall not be used as fall protection on roof slopes greater than 2 in 12 (vertical to horizontal).

(2) Employees performing roofing work between a roof edge and a warning line must be protected by a personal fall arrest system, personal fall restraint system, guardrail system, safety net system, or safety monitoring system.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-2002, f. & cert. ef. 7-19-02

Or. Admin. R. 437-003-1752 Written Notifications

A copy of the written notification(s) required by this section must be maintained on the site by the controlling contractor for review until completion of the project.

History

Statutory/Other Authority: ORS 654.025(2)-656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-2002, f. & cert. ef. 7-19-02

Or. Admin. R. 437-003-1754 Roof and floor holes and openings

Roof and floor holes and openings shall be decked over. Where large size configuration or other structural design does not allow openings to be decked over (such as elevator shafts, stairwells, etc.) employees shall be protected by covers or guardrail systems erected around such openings as soon as the openings are created.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 8-2003, f. 12-30-03 cert. ef. 1-1-04

Or. Admin. R. 437-003-2501 Protection From Falling Objects

(1) General. Except as otherwise provided in paragraph (2) of this section, when employees are exposed to falling objects, the employer must have each employee wear a hard hat and must implement one of the following measures in accordance with the criteria in 1926.502(j):

(a) Erect toeboards, screens, or guardrail systems to prevent objects from falling from higher levels; or,

(b) Erect a canopy structure and keep potential fall objects far enough from the edge of the higher level so that those objects would not go over the edge if they were accidentally displaced; or,

(c) Barricade the area to which objects could fall, prohibit employees from entering the barricaded area, and keep objects that may fall far enough away from the edge of a higher level so that those objects would not go over the edge if they were accidentally displaced.

(2) Holes. Employees working below walking/working surface holes (including skylights) must be protected from objects falling through by covers meeting the criteria in 1926.502(i), or equivalent.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 1-2016, f. 3-1-16, cert. ef. 1-1-17

Or. Admin. R. 437-003-2502 Safety Monitoring Systems

Safety monitoring systems for roofing work and their use shall comply with the following provisions.

(1) A safety monitoring system shall not be used as a fall protection system for any work other than roofing work on roof slopes of 2 in 12 (vertical to horizontal) or less.

(2) The use of a safety monitoring system alone (i.e., without the warning line system) is not permitted on roofs more than 50 feet (15.25 m) in width (see Appendix A of this subdivision).

(3) The employer shall designate a competent person to monitor the safety of other employees and the employer shall ensure that the safety monitor complies with the following requirements:

(a) The safety monitor shall be competent to recognize fall hazards;

(b) The safety monitor shall warn the employee when it appears that the employee is unaware of a fall hazard or is acting in an unsafe manner;

(c) The safety monitor shall be on the same walking/working surface and within visual sighting distance of the employee being monitored;

(d) The safety monitor shall be close enough to communicate orally with the employee; and

(e) The safety monitor shall not have other responsibilities which could take the monitor's attention from the monitoring function.

(4) Mechanical equipment shall not be used or stored in areas where safety monitoring systems are being used to monitor employees engaged in roofing operations.

(5) No employee, other than an employee engaged in roofing work shall be allowed in an area where an employee is being protected by a safety monitoring system.

[ED. NOTE: Appendices referenced are available from the agency.]

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 6-2002, f. & cert. ef. 7-19-02

Or. Admin. R. 437-003-3060 Methylenedianiline Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 3/D, 1926.60 Methylenedianiline, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Methylenedianiline rules.

History

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295
OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Or. Admin. R. 437-003-3224 Vehicle Drivers and Riders