justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 – 654.295 History: OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018 OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 – 654.295 History: OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18
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; (C) Sampling and analytical methods used and evidence of their accuracy; (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. (c) Ensure that exposure records are maintained and made available in accordance with 1910.1020. (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; (C) 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. (c) Ensure that objective data are maintained and made available in accordance with 1910.1020. (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; (C) A copy of the information provided to the PLHCPs and specialists. (c) Ensure that medical records are maintained and made available in accordance with 1910.1020. (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). Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 – 654.295 History: 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
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 – 654.295 History: OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 – 654.295 History: OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018 OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4). Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 6-2014, f. 10-28-14, cert. ef. 5-1-15
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16
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 (c) Special precautions (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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16
437-002-2305 Excavations Excavation operations must comply with Division 3/P. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16
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. (c) Portable ladders and platforms must be secured to prevent them from becoming dislodged. (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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17 OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16
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. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16
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. 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, f. 3-31-89, ef. 5-1-89
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. 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, f. 3-31-89, ef. 5-1-89