justicedao/ipfs_state_laws huggingface dataset:
437-004-3100 Excavation (1) Definition. Excavation — A man-made cut, hole, pit, trench or depression in the earth. NOTE: Before any digging you must comply with Oregon’s “Call Before You Dig” law. Call 1-800-332-2344. (2) Five feet or more. Employees must not enter any excavation 5 feet or deeper unless protective systems are in place to protect from cave-in or sloughing. (3) Less than 5 feet. Employees must not enter any excavation less than 5 feet deep when the sides are losing their shape, are loose or show other signs of being unstable unless protective systems are in place to protect from cave-in or sloughing. (4) Strength. Systems installed in the excavation must be strong enough and engineered to provide protection from hazards of the particular excavation. (5) Design. Systems must be as follows: (a) Designed by a registered professional engineer. (b) Designed using the manufacturer’s or other tabulated data. (6) Follow instructions. When using manufactured systems, follow the instructions and do not exceed the limitations of the system. (7) System size. Systems must extend from the bottom of the excavation to at least the top edge. (8) Sloping. Sloping is an acceptable system to protect workers. Sloping must be at a ratio of at least 1 1/2 to 1. That means a horizontal setback of 1 1/2 feet for every 1-foot of trench depth. (9) Access/Exit. There must be a safe way, such as a ladder or steps, to get into and out of excavations 4 or more feet deep. In trenches, these exits must be at least every 25 linear feet. (10) Water. Workers will not enter excavations where there is accumulating water, either from ground seepage or surface run-off, unless there are adequate protections from hazards caused by the water. (11) Inspect daily. A person familiar with these rules and the work must inspect all excavations daily, before workers enter or reenter. (12) Spoils and equipment. Keep soil and material removed from the excavation (spoils) at least two feet away from the edge of the excavation or restrained. Equipment that could roll or fall into the excavation must also be at least two feet back or restrained. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 9-2006, f. & cert. ef. 9-22-06 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-3420 Working from Vehicles and Vehicle Loads (1) Riding on loads. Employees must not ride on top of loads that may dangerously shift, topple over, or otherwise become unstable. Employees must sit when riding loads, except when doing field work at slow, even speeds over smooth ground. (2) Field operations. When employees work on the cargo space of moving trucks or trailers, as in field operations, the operator must: (a) Reduce vehicle speed to the slowest possible. (b) Operate the vehicle at a steady, smooth rate. Avoid erratic moves. (c) Travel parallel to rows or corrugations. When necessary to cross corrugations or ditches, warn employees to sit down in a safe place, away from the edge, and to hold on to a secure hand hold. (d) Except for vehicles being loaded while moving, set the brakes during loading. (3) Load stability. Secure loads against dangerous displacement either by piling or securing to prevent shifting, toppling, over or other instability. (4) Access to the load. There must be adequate access to safely reach the top of the load for manual loading or unloading of high loads. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-3430 Training for Agriculture Tractor Operators Training. Train all employees who drive an agricultural tractor about the operating practices below and about any other practices peculiar to the work environment. Do this training at the time of initial assignment to driving duties and at least annually after that. (1) Securely fasten your seat belt if the tractor has a ROPS. (2) Where possible, avoid operating the tractor near ditches, embankments, and holes. (3) Reduce speed when turning, crossing slopes and on rough, slick or muddy surfaces. (4) Stay off slopes too steep for safe operation. (5) Watch where you are going, especially at row ends, on roads, and around trees. (6) Do not permit others to ride unless there is a safe seat. (7) Operate the tractor smoothly — no jerky turns, starts, or stops. (8) Hitch only to the drawbar and hitch points recommended by the tractor manufacturer. (9) When the tractor is stopped, set brakes securely and use park lock if available. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-3460 Industrial Vehicles (1) Modifications. The manufacturer or a professional engineer must direct modifications and additions that affect capacity and safe operation of industrial vehicles. Change the capacity, operations, and maintenance instruction plates, tags, or decals to reflect the changes. (2) Nameplates and markings. All nameplates and markings must be in place and legible. (3) Capacity markings. The rated capacity of each power industrial truck must be legible and in plain view of the operator. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-3480 Bridges, Roads and Ramps (1) Application. This applies to bridges, roads and ramps on agricultural places of employment. (2) Roads. (a) Roads must be wide enough to allow safe operation of equipment. (b) Low clearance areas that could present a hazard must have warning signs. (c) Do not drive vehicles on or over broken planking, deep holes, large rocks, logs or other dangerous surface defects. (d) Remove obstructions to clear view at intersections or sharp curves or take precautions to relieve the hazards. (3) Bridges, runways and ramps. (a) Bridges, runways or ramps and loading docks must be built to safely support any anticipated load. Ramp surfaces must have a material that minimizes the danger of skidding. Structural members must be sound and free of decay or deterioration that could reduce safety. (b) Bridges and culverts must be wide enough to allow safe operation of equipment. (c) The road surface of bridges and culverts must be safe, free of holes, broken planking, and sloughing, caving, or slipping fill materials or approaches. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-3550 Servicing Multi Piece and Single Piece Rim Wheels (1) Workers must use a safety tire rack, cage, or equivalent protection over tires mounted on split rims with locking rings or similar devices, when: (a) Inflating tires; or (b) Adding air to tires on or off the vehicle if the tire was run while flat or if the rim or locking device was disturbed in any way. NOTE: A tire is flat if it has lost more than 50% of its normal pressure. (2) Airlines used to inflate tires must have clip-on chucks. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-3650 Roll-Over Protective Structures — Industrial Vehicles (1) Application. There must be roll-over protective structures (ROPS) on certain industrial vehicles 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; wheel-type industrial tractors; crawler tractors; crawler-type loaders; and motor graders, with or without attachments. This requirement does not apply to sideboom pipe laying tractors, or other vehicles whose structure prevents overturn. 4/U, OAR 437-004-3600 covers ROPS for tractors used only in farming. (2) ROPS — general requirements. (a) Roll-over protective structures and their supporting attachments to industrial vehicles must 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 is to minimize the likelihood of a complete vehicle overturn, and to minimize the possibility of the operator being crushed. (c) There must be a vertical clearance of at least 52 inches between the work deck and the ROPS canopy. (d) Once removed, remount ROPS with bolts or welding or equal or better quality as required for the original mounting. (3) Defects. (a) Repairs to defective ROPS must be of equal quality or better materials and welding as on the original structure. (b) Minimum performance criteria for roll-over protective structures for designated vehicles are 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 J1040, 1994) (B) Wheeled front-end loaders and wheeled dozers. (SAE J1040, 1994) (C) Track-type tractors and front-end loaders. (SAE J1040, 1994) (D) Motor graders. (SAE J1040, 1994) (E) Wheel-type agricultural and industrial tractors. (SAE J167, 1992) (F) Falling object protective structures (FOPS). (SAE J231, May 1981) (4) Identification of ROPS. Each ROPS must have the following information permanently affixed to the structure: (a) Manufacturer or fabricator’s name and address; (b) ROPS model number, if any; and (c) Machine make, model, or series number that the structure fits. (5) Approved structures. Any machine in use, with roll-over protective structures, complies with these rules 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 (September 1996). (b) Bureau of Reclamation, U. S. Department of the Interior: Safety and Health Regulations for Construction, Part II (September 1971). [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 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-6001 Expiration and Implementation Dates (1) Expiration date. Division 4/W, 170.1 through 170.260 of the Worker Protection Standard shall expire on, and will no longer be effective after December 31, 2017. (2) Implementation date. Beginning January 1, 2018, the requirements of Division 4/W, 170.301 through 170.607; and 437-004-6001, 437-004-6401, 437-004-6501, 437-004-6502, 437-004-6508, and 437-004-6509, shall apply to the use of pesticide products as defined in Section 170.303 Applicability of the Worker Protection Standard. NOTE: Oregon OSHA is initiating a new rulemaking on OAR 437-004-6405 and OAR 437-004-6406 in early 2017 with the intention of adopting those rules into the modified Division 4/W Worker Protection Standard with an effective date of January 1, 2018. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 – 654.295 & 654.750 – 654.780 History: OSHA 1-2017, f. 2-14-17, cert. ef. 1-1-18
437-004-6406 Pesticide Spray Drift and Innovative Methods (1) In the event that drift makes contact with labor housing areas or other structures used by employees, including enclosed agricultural structures within an AEZ, the employer must ensure that it is properly cleaned up with a minimum of employee or housing occupant exposure. Note: Identifying and addressing any issues resulting from the spray application are the responsibility of the employer; any employees assigned these duties must have training appropriate to the job expectations. (2) To encourage innovation, including the use of EPA’s Drift Reduction Technology and other methods that the employer can demonstrate reduce the potential for spray drift, Oregon OSHA may grant approval for an AEZ that differs from the rule requirements yet meets the intent of these rules through the variance process described in OAR 437-001-0400. Note: Examples of possible innovations include: Advanced application practices for handlers in the prevention of spray drift (which may include using only one side of the application equipment) and the use of the Environmental Protection Agency’ s Drift Reduction Technologies Two applicators, one monitoring conditions and remaining in contact with applicator of the treated area Safer chemicals and chemistries Statutory/Other Authority: ORS 654.025(2) & ORS 656.726(4) Statutes/Other Implemented: ORS 654.001-654.295 & ORS 654.750-654.780 History: OSHA 2-2018, adopt filed 06/29/2018, effective 01/01/2019
437-004-6501 Handler training programs in Oregon (1) Handlers using an exception to the training requirements for crop advisors — as described in 170.501(b)(2) of the Worker Protection Standard — must demonstrate that the program includes all the topics listed in OAR 437-004-6501(2). (2) Training programs for handlers must include, at a minimum, all of the following topics: (a) All the topics required by OAR 437-004-6401. Training program for workers. (b) Information on proper application and use of pesticides. (c) Handlers must follow the portions of the labeling applicable to the safe use of the pesticide. (d) Format and meaning of information contained on pesticide labels and in labeling applicable to the safe use of the pesticide. (e) Need for and appropriate use and removal of all personal protective equipment. (f) How to recognize, prevent, and provide first aid treatment for heat-related illness. (g) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup. (h) Environmental concerns, such as drift, runoff, and wildlife hazards. (i) Handlers must not apply pesticides in a manner that results in contact with workers or other persons. (j) The responsibility of handler employers to provide handlers with information and protections designed to reduce work-related pesticide exposures and illnesses. This includes providing, cleaning, maintaining, storing, and ensuring proper use of all required personal protective equipment; providing decontamination supplies; and providing specific information about pesticide use and labeling information. (k) Handlers must suspend a pesticide application if workers or other persons are in the application exclusion zone. (l) Handlers must be at least 18 years old. (m) The responsibility of handler employers to ensure handlers have received respirator fit-testing, training and medical evaluation if they are required to wear a respirator by the product labeling. (n) The responsibility of agricultural employers to post treated areas as required by this rule. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 – 654.295 & 654.750 – 654.780 History: OSHA 1-2017, f. 2-14-17, cert. ef. 1-1-18
437-004-6502 Oregon requirements for Worker Protection Standard trainers of handlers who qualify using train-the-trainer programs (1) Beginning on January 1, 2018, trainers of handlers who use the train-the-trainer (T-t-T) qualification described in 170.501(c)(4)(ii) must complete a T-t-T program at least once every five years, using training materials approved by EPA for that purpose. (2) In order to meet this requirement, persons using this qualification are responsible for maintaining a record of their training, to include the following details about their most recent completion of a T-t-T program: the date(s), location, and the EPA reference number of the training materials that were used. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 – 654.295 & 654.750 – 654.780 History: OSHA 1-2017, f. 2-14-17, cert. ef. 1-1-18
437-004-6508 Respiratory Protection Whenever a respirator is required by the pesticide product labeling, the handler employer must ensure that the respirator specified on the label is used and that requirements of the Respiratory Protection Standard that applies to them are met before allowing the handler to perform any activity where the respirator is required to be worn. For employers subject to the Division 4 rules, Division 4/I, OAR 437-004-1041 applies, except for paragraph (4) Selection of respirators. For employers subject to the Division 2 and/or the Division 7 rules, Division 2/I, 1910.134 applies, except for paragraph (d) Selection of respirators. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 – 654.295 & 654.750 – 654.780 History: OSHA 1-2017, f. 2-14-17, cert. ef. 1-1-18
437-004-6509 Emergency eye-washes and eye flushing supplies (1) Whenever a handler is mixing or loading a pesticide product whose labeling includes the signal word “Danger” or “Danger/Poison,” due to toxicity to the eye or the possibility of permanent eye damage; or, a handler is mixing or loading any pesticide using a closed system operating under pressure, the employer must provide at each mixing/loading site available to the handler at least one eye-wash system that meets the applicable eyewash requirements. For employers subject to the Division 4 rules, Division 4/K, OAR 437-004-1305(5) applies. For employers subject to the Division 2 and/or Division 7 rules, Division 2/K, OAR 437-002-0161 applies. (2) Whenever a handler is applying a pesticide product whose labeling requires protective eyewear for handlers, the handler employer must provide at least one pint of water per handler in portable containers that are immediately available to each handler. NOTE: The eye-wash rules referenced include the following minimum requirements: Locate the eye-wash 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. Install the equipment according to the manufacturer’s instructions. Follow the equipment manufacturer’s criteria for water pressure, flow rate and testing to ensure proper operation of the system. Eye-wash water must flow for at least 15 minutes. The eyewash must have valves that stay open without the use of the hands. The water to the equipment must not be subject to unauthorized shut-off. If eyewash facilities can freeze, take protective measures to prevent freezing. Equipment must be clean, sanitary and operating correctly. In self-contained systems, do not use solutions or products past their expiration date. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 – 654.295 & 654.750 – 654.780 History: OSHA 1-2017, f. 2-14-17, cert. ef. 1-1-18
437-004-9010 Fumigated Areas. (1) Scope: Covers pesticides which when applied, forms a gas to control pests. (2) Definitions: (a) Types of fumigants include aluminum phosphide, methyl bromide, chloropicrin, 1,3-D (Telone), dazomet, metam sodium and iodomethane. (b) Types of fumigations include soil, space (warehouse), vertical storage, flat storage, tarpaulin, spot (includes grain handling equipment, empty tanks and empty silos), chamber, vehicle and rodent burrows. (3) All work with fumigants must follow the instructions and precautions in the manufacturer’s application manual and on the product label and MSDS. (4) All entry points into fumigated interior areas must have signs that identify the area as fumigated and prohibit entry. (5) Leave the signs posted according to the instructions of the manufacturer of the fumigating chemical or until the hazard resulting from the fumigation is gone, whichever is the longer time. (6) After fumigation, there must be a way to aerate the fumigated area without contaminating other areas where there are employees. (7) If the fumigation process requires the worker to be in the fumigated area, there must be at least one other person present to assist during an emergency. That person must have the same training and access to the same personal protective equipment as the first worker. (8) Fumigation chambers or areas must not allow the toxic fumigants to escape or otherwise enter other areas where they can be hazardous to other workers. (9) If the fumigant concentration can exceed 10 percent of the lower explosive limit (LEL), all electrical equipment, fittings, and connections must be vapor proof. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 9-2006, f. & cert. ef. 9-22-06
437-004-9050 Asbestos Definitions: Asbestos includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos and any of these minerals that have been chemically treated or altered. Asbestos-containing material (ACM) means any material containing more than 1% asbestos. Presumed asbestos containing material (PACM) means thermal system insulation and surfacing material found in buildings constructed no later than 1980. The designation of a material as “PACM” may be rebutted pursuant to Division 2/Z, 1910.1001(j)(8). (1) The employer is responsible to determine, before work begins, if any task or activity assigned to workers will result in a potential exposure to asbestos. (2) Work that exposes employees to asbestos must comply with Division 2/Z, 1910.1001, Asbestos; except that construction activities exposing employees to asbestos must comply with Division 3/Z, 1926.1101, Asbestos. NOTE: Construction activities are building, altering and repairing, and include painting. (3) The employer must periodically examine all asbestos-containing material in the workplace to ensure that there is no deterioration or damage that could cause employee exposure. (4) If you find damage or deterioration, the material must be repaired, encapsulated, or removed consistent with the requirements in Division 3/Z, 1926.1101, Asbestos. NOTES: Tasks or work activities that could expose employees to asbestos include the following: Housekeeping or maintenance activities on workplace surfaces or systems with asbestos-containing materials (examples include flooring, ceiling tiles, roofing, siding, boilers, heaters, insulation, and fireproofing); Inspection, disassembly, repair and assembly of automotive or farm vehicle brakes and clutches; Demolition or salvage of structures where asbestos-containing materials are present; New construction, alteration, or renovation of structures, substrates, or portions thereof with asbestos-containing materials; and, Routine or emergency cleanup of asbestos-containing materials. Employers who have pipe systems that are insulated with asbestos-containing materials in their workplaces, must also comply with Division 4/Z, OAR 437-004-9850, Pipe Labelling. [ED. NOTE: Examples 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 4-2012, f. 9-19-12, cert. ef. 1-1-13 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-9090 13 Carcinogens Definitions: The 13 carcinogens are: 4-Nitrobiphenyl, CAS 92-93-3; alpha-Naphthylamine, CAS 134-32-7; Methyl chloromethyl ether, CAS 107-30-2; 3,3-Dichlorobenzidine (and its salts), CAS 91-94-1; bis-Chloromethyl ether, CAS 542-88-1; beta-Naphthylamine, CAS 91-59-8; Benzidine, CAS 92-87-5; 4-Aminodiphenyl, CAS 92-67-1; Ethyleneimine, CAS 151-56-4; beta-Propiolactone, CAS 57-57-8; 2-Acetylaminoflourene, CAS 53-96-3; 4-Dimethylaminoazo-benzene, CAS 60-11-7; and N-Nitrosodimethylamine, CAS 62-75-9. (1) The employer is responsible to determine, before work begins, if any task or activity assigned to workers will result in a potential exposure to any of the 13 carcinogens. (2) Work that exposes employees to any of the 13 carcinogens must comply with Division 2/Z, 1910.1003, 13 Carcinogens. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98