justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 6-2002, f. & cert. ef. 7-19-02
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2016, f. 3-1-16, cert. ef. 10-1-17 OSHA 6-2002, f. & cert. ef. 7-19-02
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; (c) Be available at the work site; and (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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001-654.295 History: OSHA 3-2002, f. 4-15-02, cert. ef. 4-18-02
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 6-2002, f. & cert. ef. 7-19-02
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 6-2002, f. & cert. ef. 7-19-02
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 8-1989, f. & ef. 7-7-89 APD 5-1989(Temp), f. 3-31-89, ef. 5-1-89
437-003-0910 Temporary Floors Temporary floors shall be of sufficient strength to support expected loading. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 8-1989, f. & ef. 7-7-89 APD 5-1989(Temp), f. 3-31-89, ef. 5-1-89
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 8-1989, f. & ef. 7-7-89 APD 5-1989(Temp), f. 3-31-89, ef. 5-1-89
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 8-1989, f. & ef. 7-7-89 APD 5-1989(Temp), f. 3-31-89, ef. 5-1-89
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.] Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 8-1990, f. 3-30-90, cert. ef. 9-1-90
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
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. (C) On horizontal lattice booms where the fall distance is 10 feet or more. (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. (c) No load is suspended from the crane/derrick when the personal fall arrest system is anchored and used. (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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4). Statutes/Other Implemented: ORS 654.001 - 654.295. History: OSHA 1-2011, f. & cert. ef. 2-9-11
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2016, f. 3-1-16, cert. ef. 10-1-17 OSHA 6-2002, f. & cert. ef. 7-19-02
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 1-2016, f. 3-1-16, cert. ef. 1-1-17 OSHA 6-2002, f. & cert. ef. 7-19-02
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 6-2002, f. & cert. ef. 7-19-02
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. Statutory/Other Authority: ORS 654.025(2)-656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 6-2002, f. & cert. ef. 7-19-02
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 8-2003, f. 12-30-03 cert. ef. 1-1-04
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 1-2016, f. 3-1-16, cert. ef. 1-1-17
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.] Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 6-2002, f. & cert. ef. 7-19-02
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-003-3600 Equipment (1) For lines rated 50 kV or below, minimum clearance between the lines and any part of the equipment or load must be 10 feet. (2) For lines rated over 50 kV, minimum clearance between the lines and any part of the equipment or load must be 10 feet plus 0.4 inch for each 1 kV over 50 kV, or twice the length of the line insulator, but never less than 10 feet. (3) Cage-type boom guards, insulating links, or proximity warning devices may be used on equipment but the use of such devices must not alter the requirements of any other regulation of this part even if such device is required by law or regulation. Statutory/Other Authority: ORS 654.025(2) & 656.726(4). Statutes/Other Implemented: ORS 654.001 & 654.295. History: OSHA 1-2011, f. & cert. ef. 2-9-11