justicedao/ipfs_state_laws huggingface dataset:
437-004-0950 Hazardous Waste Operations and Emergency Response (HAZWOPER) (1) If an agricultural employer requires employees to respond to an emergency release of a hazardous chemical with a reasonable possibility for employee exposure to safety or health hazards, that response activity must be in compliance with the applicable sections of Division 2/H, 1910.120, Hazardous Waste Operations and Emergency Response. (2) Agricultural employers whose activities include clean-up operations involving hazardous waste, including those conducted at a treatment, storage, and disposal (TSD) facility, are subject to the applicable requirements in Division 2/H, 1910.120, Hazardous Waste Operations and Emergency Response. NOTES: There are two primary considerations for most agricultural employers to determine if the HAZWOPER rules apply to you: (1) Do you expect your employees to respond to spills of hazardous chemicals in a way that involves a reasonable possibility of exposure to safety or health hazards? (If NO, the HAZWOPER rules do not apply.) (2) If YES, would your employees respond only to an incidental release of a hazardous chemical; or, to an emergency release of a hazardous chemical? (a) IF you expect your employees to respond only to an incidental release (defined as a situation where the spilled substance can be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate area, or by maintenance personnel;) and there is no potential safety or health hazard (such as fire, explosion, or chemical exposure;) THEN, the HAZWOPER RULES DO NOT APPLY. However, you must train and equip employees who are expected to respond to incidental releases to safely handle that type of non-routine task as required by Division 4/Z, 437-004-9800, Hazard Communication Standard for Agricultural Employers.) (b) IF you expect your employees to respond to an emergency release (defined as an occurrence that results in, or is likely to result in an uncontrolled release of a hazardous substance; or, a situation that requires a response effort by employees from outside the immediate release area, or by other designated responders such as mutual-aid groups or local fire departments;) THEN, the HAZWOPER RULES APPLY. Agricultural employers who expect their employees to respond to these types of emergencies are required to follow the sections in the HAZWOPER rules that apply to emergency releases “without regard to the location of the hazard.” (See Division 2/H, 1910.120(q) Emergency responses to hazardous substance releases.) The best source of information about any chemical in the workplace (including recommended personal protective equipment and procedures for spill-response) is often the chemical’s Safety Data Sheet (SDS.) Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2014, f. & cert. ef. 8-8-14 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-1030 Work Clothing (1) General requirements. Ensure that employees: (a) Wear clothing that provides adequate protection for the hazards of the work. (b) Do not wear loose sleeves or other loose clothing when near enough to be caught in moving parts of machinery. Note: See Divisions 4/O and 4/P for equipment and tool guarding requirements. (c) Do not wear clothing soaked with flammable liquids or contaminated with other hazardous substances. Note: See Subdivision 4/P, 437-004-2230 for requirements for PPE while using chain saws. (2) High visibility garments. (a) The employer is responsible to determine, before work begins, if any task or work assigned will expose emloyees to hazards caused by on-highway type moving vehicles in work zones and street or highway traffic. (b) Work that exposes employees to these hazards must comply with Division 2/I, 437-002-0134(7) High Visibility Garments. (3) Face coverings. (a) Allow employees to wear a face covering if they so choose, unless doing so creates or otherwise exposes the employee to a hazard. (b) Employers must supply these items at no cost to employees when the employer requires their use. Note: For purposes of this rule, employers are not required to allow voluntary use of respirators if an employee requests to use one in lieu of a face covering. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: 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 4-2012, f. 9-19-12, cert. ef. 1-1-13 OSHA 9-2006, f. & cert. ef. 9-22-06 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-1035 Eye and Face Protection NOTES: See Division 4/Q, 437-004-2310(6) for the protective equipment requirements for welders in agricultural workplaces. See Division 4/W, 437-004-6000, 170.240(c)(7) for the protective eyewear requirements for pesticide handlers. (1) General requirements. Employers must: (a) Provide and require the use of eye or face protection that protects employees from hazards such as flying particles, molten metal, liquid chemicals, acids or caustic materials, gases and vapors, electrical hazards, or potentially harmful light radiation. (b) If an employee wears prescription lenses while doing work that involves eye or face hazards, either provide protective equipment that incorporates the prescription lenses or provide protective equipment that can be worn over the prescription lenses in a way that does not disturb the proper position of either the prescription lenses or the protective equipment. (c) Require employees to use eye or face protection with side protection when there is a hazard from flying objects. Detachable side protectors on safety glasses (such as, clip-on or slide-on side shields) are acceptable if they offer adequate protection from the hazard. (d) Eye and face protection equipment must be clean and in good repair. (2) Criteria for protective eye and face devices. (a) Protective eye and face protection devices must comply with any of the following consensus standards: (A) ANSI Z87.1-2003, “American National Standard Practices for Occupational and Educational Eye and Face Protection;” (B) ANSI Z89.1-1997, “American National Standard for Industrial Head Protection;” (C) ANSI Z89.1-1986, “American National Standard for Personnel Protection — Protective Headwear for Industrial Workers – Requirements.” NOTE: The Oregon OSHA Resource Center has copies of these standards for public review at 350 Winter Street NE, Salem OR. (b) 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 consensus standards will be deemed to be in compliance with the requirements of this section. (3) Laser protection. (a) The employer is responsible to determine, before work begins, if any task or work assigned will expose employees to laser light beams. (b) Work that exposes employees to laser light beams must be furnished laser safety goggles which will protect for the specific wavelength of the laser and be of optical density adequate for the energy involved. [Publications: Publications 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 2-2010, f. & cert. ef. 2-25-10 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-1050 Head Protection NOTE: See Division 4/W, 437-004-600, 170.240(c)(10) for information about the chemical-resistant headwear requirements for pesticide handlers. (1) General requirements. Require employees to wear head protection helmets or hardhats when working in areas where there is a potential for injury to the head such as from falling or flying objects or electrical hazards. (2) Criteria for protective headwear. (a) Head protection must comply with any of the following consensus standards: (A) ANSI Z89.1-2003, “American National Standard for Industrial Head Protection;” (B) ANSI Z89.1-1997, “American National Standard for Industrial Head Protection;” or (C) ANSI Z89.1-1986, “American National Standard for Personnel Protection — Protective Headwear for Industrial Workers – Requirements.” NOTE: The Oregon OSHA Resource Center has copies of these standards for public review at 350 Winter Street NE, Salem OR. (b) Protective headwear that the employer demonstrates is at least as effecive as protective headwear 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. (3) Require employees who work close to moving parts of power-driven machinery or sources of ignition and whose hair is long enough to be caught in it or to be ignited, to wear caps or other head coverings that completely restrains the hair. NOTE: See Divisions 4/O and 4/P for equipment and tool guarding requirements. [Publications: Publications 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 2-2010, f. & cert. ef. 2-25-10 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-1070 Working Underway on Water (1) 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. Examples include rowboats, powerboats, rafts, barges, pontoons, and dredges. (b) Underway — means when a boat is in or on the water and on the move — not at anchor, not moored, and not made fast to the shore. (2) Personal flotation devices. (a) Workers in boats that are underway must wear Coast Guard approved or equivalent, wearable personal flotation devices (PFD). Exception: A worker below deck or in an enclosed part of a boat like a cabin or pilot house, need not wear the PFD but must have it readily available. (b) The PFD provided must be: (A) The right size for the wearer; (B) Able to perform the function that the manufacturer intended; and (C) Maintained according to the manufacturer’s requirements and recommendations. 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 1-2001, f. 1-18-01, cert. ef. 3-1-01
437-004-1075 Working Over or In Water (1) Definition. Rescue device means 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. (2) Scope and Application. (a) These rules apply where there is a danger of drowning and the water is more than 5 feet deep. These rules do not apply to workers protected by general or personal fall protection. (b) If employees are engaged in diving and related support operations conducted in connection with Agricultural employment, Division 2, 1910.401 through 1910.440, Commercial Diving Operations, applies. (3) Personal flotation and rescue devices. (a) Workers in water, over water on floating or unstable surfaces, or adjacent to water, must wear a Coast Guard approved or equivalent, wearable personal flotation device (PFD). (b) The PFD must be: (A) The right size for the wearer, (B) Able to perform the function that the manufacturer intended, and (C) Maintained according to the manufacturer’s requirements and recommendations. (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. 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 1-2001, f. 1-18-01, cert. ef. 3-1-01
437-004-1140 Lighting General lighting. (1) Provide adequate general and local lighting in rooms, buildings and work areas. (2) Methods for determining the adequacy and effectiveness of lighting include: (a) Measure the quantity of light against requirements in the American National Standard ANSI A11.1-1965, “American Standard Practice for Industrial Lighting.” (b) The quality of light as to freedom from glare and correct direction, diffusion and distribution. [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
437-004-1150 Safety Colors for Marking Physical Hazards Color identification. (1) Red. Use red as the basic color to identify: (a) Danger. Safety cans or other portable containers of flammable liquids must be red with highly contrasting markings. Provide red lights at barricades and at temporary obstructions. The main or background color of danger signs must be red. (b) Stop. Emergency stop bars on hazardous machines must be red. Use red for emergency stop buttons or emergency electrical switches with contrasting letters or other markings. (2) Yellow. Yellow is the basic color to signal caution and to mark physical hazards such as: Striking against, stumbling, falling, tripping, and “caught between." 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
437-004-1260 Manure Lagoons, Storage Ponds, Vats, Pits and Separators (1) Scope. This applies to facilities not covered by confined space rules. (Examples include pole buildings used to store compost material or manure lagoons and separators.) (2) General. (a) Do not enter any vat, pit, separator or other hazardous area where the atmosphere may be immediately dangerous to life unless: (A) Tests by a competent person, immediately before entry, prove it free of toxic gases and with enough oxygen to sustain life; or (B) Mechanical or natural ventilation provides at least one complete change of uncontaminated air immediately before entry and continues during enclosure occupancy; or (C) The person entering the area is using a properly functioning supplied air or self-contained breathing apparatus, and is closely supervised by a safety watcher with similar equipment, at the entrance. They must have adequate help to remove the person if necessary. (b) Vats and pits that have hazardous materials, manure or that are more than 4' deep, must meet one of the following requirements: (A) A cover or grating must be in place and strong enough to safely support imposed loads; or (B) The edges must extend at least 42 inches above the adjacent floor level; or (C) There is a standard guardrail. (D) Where vehicles operate near vats or pits the railing must be strong enough to keep them out, or there must be a curb or shear rail that keeps the vehicle out. (c) Manure lagoons or earthen manure storage ponds must have: (A) Curbs, shear rails or other barriers where vehicles or equipment operate near enough to drive or roll into the lagoon. (B) Standard guardrails or other protection where employees work over the contents or near enough to the edge to fall into the lagoon. (C) Cables or chains that connect a vehicle to an adequate anchorage and are short enough to prevent the vehicle from rolling into the lagoon are acceptable. 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
437-004-1430 Sources of Fire (1) Definitions. These terms are used in Subdivision 4/L Fire: (a) Closed container — A container sealed with a lid or other device that prevents the loss of liquid or vapor at ordinary temperatures. (b) Combustible — A substance or material that is able or likely to catch fire and burn. (c) Explosive — something capable of causing damage to the surroundings by chemical reaction. (d) Flammable — Something capable of being easily ignited, burning intensely or having a rapid rate of flame spread. (e) Flammable liquids — are liquids having a flash point at or below 199.4 degrees F. (93 degrees C.) As defined in the globally harmonized system of classification and labeling (GHS) adopted in OSHA’s Hazard Communication Standard, flammable liquids are divided into four categories. NOTE: Examples of some common flammable liquids are: Category 1: Diethyl ether (solvent sometimes used in starting fluid). Category 2: Gasoline (Benzene, Ethanol). Category 3: Kerosene, Stoddard Solvent. Category 4: Diesel fuel, Naphthalene. NOTE: Additional information can be found in Division 4/B, 437-004-0100 Universal Definitions. (2) Store combustible waste material, including oily rags in covered metal receptacles. (3) If using electric lights, equipment, and wiring where there may be flammable or explosive gases, vapors, mists, dust or fibers they must comply with the State Electrical Specialty Code. NOTE: See additional electrical requirements in Division 4/S, OAR 437-004-3075 Agricultural Buildings with Special Hazards. (4) Locate internal combustion engines so that there is a clearance of at least 6 inches between exhausts and exhaust piping and combustible material. (5) Do not allow smoking, open flames, the use of spark-producing devices or tools not approved for use in such areas, and other sources of ignition: (a) In fueling areas. (b) When servicing fuel systems for internal combustion engines. (c) When receiving or dispensing flammable liquids. (d) Where using flammable liquids. (e) Where storing flammable liquids. (f) Areas that may have flammable or explosive gases, vapors, mists, dust, fibers or flyings. NOTES: Other sources of ignition include cutting and welding; grinding hot surfaces; frictional heat; static, electrical and mechanical sparks; spontaneous ignition including heat producing chemical reactions; and radiant heat. There are more detailed standards for: The use and storage of flammable liquids in 4/H, OAR 437-004-0720; The use of liquefied petroleum gas (LPG) in 4/H, OAR 437-004-0780 and 437-004-0790; The prevention of fire prevention standards for welding operations are in 4/Q, OAR 437-004-2310. [Publications: Publications 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 3-2014, f. & cert. ef. 8-8-14 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-1440 Required Postings Post signs reading, “No Smoking or Open Flame,” in all areas: (1) For fueling; (2) For receiving or dispensing flammable or liquids; (3) For use or storage of flammable liquids; or (4) Where there may be flammable or explosive gases, vapors, mists, dust, fibers or flyings. NOTE: Signs reading “FLAMMABLE — KEEP FIRE AWAY” will also be in compliance with this rule. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2014, f. & cert. ef. 8-8-14 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-1450 Extinguishers NOTE: The Oregon Office of State Fire Marshal and local fire authorities also have rules that apply to portable fire extinguishers. (1) Provide the class of fire extinguishers designed for use on the class of fire potential in the work area. NOTE: To make it easy to use the right extinguisher, the NFPA 10 Extinguisher Standard uses the following system of classification: Class A: Fires of ordinary combustible materials (such as wood, cloth, paper, rubber, and many plastics) requiring the heat-absorbing (cooling) effects of water, water solutions or the coating effects of certain dry chemicals that retard burning. Class B: Fires of flammable liquids, flammable gases, grease and similar materials where extinguishment is best done by excluding air (oxygen), inhibiting the release of combustible vapors or interrupting the combustion chain reaction. Class C: Fires of energized electrical equipment where safety to the operator requires the use of electrically nonconductive extinguishing agents. (Note: For nonenergized electrical equipment, Class A or B extinguishers may be best.) Class D: Fires of certain combustible metals, such as magnesium, titanium, zirconium, sodium, potassium, etc., requiring a heat-absorbing extinguishing medium not reactive with the burning metals. (2) Original labels and marking on extinguishers must remain attached and legible. (3) Mount fire extinguishers on hangers, brackets, in cabinets or on shelves. The maximum height of the top of the extinguisher above the floor is: [Table not included. See ED. NOTE.] (4) Do not obstruct fire extinguishers. They must be in plain sight or clearly mark their location. (5) Paths to and space in front of fire extinguishers must be clear and free from obstruction. (6) Inspect fire extinguishers yearly or more often as needed to keep them usable and fully charged. (7) Do not use fire extinguishers with carbon tetrachloride, chlorobromomethane or other toxic vaporizing fluids. [ED. NOTE: 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.] Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2014, f. & cert. ef. 8-8-14 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-1460 Fire Prevention Plan (1) The plan must be in writing, be kept in the workplace, and be available to employees. Employers with 10 or fewer permanent, year-around workers may have a verbal plan. (2) The fire prevention plan must include at least these parts: (a) Procedures to control accumulations of flammable or combustible waste materials; (b) Procedures for regular maintenance of safeguards installed on heat producing equipment to prevent accidental ignition of combustible materials; (c) Procedures for reporting possible fire producing situations. (3) The employer must: (a) Inform employees of the fire hazards in their work areas; and (b) Review with each employee, new to a job, those parts of the fire prevention plan necessary for protection. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2014, f. & cert. ef. 8-8-14 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-1470 Employee Equipment and Training (1) If workers are expected or required to fight fires, their level of training and the fire fighting equipment they use must be adequate for the level of fire fighting involvement expected or required by the employer. (2) The employer must provide all needed equipment and training at no cost to employees and be in compliance with Division 2/L, OAR 437-002-0182 Oregon Rules for Fire Fighters; 1910.155 Fire Protection; and 1910.156 Fire Brigades. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2014, f. & cert. ef. 8-8-14 OSHA 9-2006, f. & cert. ef. 9-22-06 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-1525 Boilers and Steam Systems NOTE: The Oregon Building Codes Agency (Boiler and Pressure Vessel Section) is the authority for Boilers and Pressure Vessels as defined in Oregon Boiler Pressure Vessel Law, ORS 480.510. (1) All boilers and pressure vessels must meet minimum standards of design and operation in the Oregon Boiler and Pressure Vessel Safety Law. (2) Permanently mark each control valve, not at the pressure vessel, with its source and function. (3) Relief valve exhaust systems must withstand the forces involved. Their discharge must not endanger workers. [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