justicedao/ipfs_state_laws huggingface dataset:
437-001-1005 Authority and Applicability of Rules (1) OAR 437-001-1005 through 437-001-1065 are promulgated under the Director’s authority contained in ORS 654.097. (2) The Director of the Department of Consumer and Business Services delegates to the Administrator of Oregon OSHA the authority to enforce these rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 7-1992, f. & cert. ef. 7-31-92 APD 21-1988, f. & cert. ef. 12-27-88
437-001-1010 Purpose and Scope (1) Nothing in these rules is intended to impose a duty upon the insurer or to transfer from the employer to the insurer responsibility set forth in ORS 654.001 to 654.991, or to impose liability other than these rules upon the insurer for failure to identify any unsafe conditions or occupational health and safety hazard. (2) The purpose of these rules is to promote workplace health and safety by: (a) Establishing insurer and self-insured employer loss prevention services designed to advise employers on regulations, laws, means and methods for improving health and safety at their places of employment; and (b) Providing for the evaluation of insurers’ and self-insured employers’ loss prevention activities by Oregon OSHA to ensure compliance with the law and these rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 7-1999, f. & cert. ef. 7-15-99 APD 21-1988, f. & cert. ef. 12-27-88
437-001-1015 Definitions (1) Establishment: A single physical location where business is conducted or where services or industrial operations are performed. Where distinctly separate activities are performed at a single physical location, each activity shall be treated as a separate establishment. (2) Insured employer: An employer insured with a workers’ compensation carrier. (3) Insurer: The State Accident Insurance Fund (SAIF) Corporation or any insurance company authorized or regulated under ORS Chapter 731 to issue workers’ compensation insurance policies in Oregon. (4) Loss prevention effort: An ongoing effort by the self-insured employer to integrate health and safety into the workplace in such a manner that occupational injuries and ill- nesses are reduced. (5) Loss prevention plan: A plan developed by the employer with the assistance of the insurer with the primary emphasis on reduction of workplace injuries and illnesses. (6) Loss prevention services: Services designed to advise and assist employers in the identification, evaluation, and control of existing and potential causes of accidents and occupational health and safety problems. (7) Loss prevention services program: A program intended to promote occupational health and safety, and to help eliminate and control work hazards to employees. (8) Self-insured employer: An employer certified under ORS 656.430 as meeting the qualifications of a self-insured employer set out by ORS 656.407. (9) Substantial failure to comply: The failure by an insurer or self-insured employer to respond or make available timely on-site services; failure to respond or make available in a timely manner specialized consultative services or: (a) If an insurer fails to identify and advise of in a timely manner reasonably discoverable serious or life-threatening hazards within the scope of the services requested or provided or: (b) If a self-insured employer fails to identify and control in a timely manner reasonably discoverable serious or life-threatening hazards within the scope of the services requested or provided. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2009, f. 1-27-09, cert. ef. 2-3-09 OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 7-1999, f. & cert. ef. 7-15-99 APD 21-1988, f. & cert. ef. 12-27-88
437-001-1020 General Requirements (1) The insurer or self-insured employer shall, within 60 days after the effective date of these rules, submit to the Administrator the following information: (a) The name of the insurer or self-insured employer; (b) The insurer’s or self-insured employer’s Oregon business address where records are kept; and (c) The name or title, business address, and telephone number of the representative who will act as liaison with the Division in all matters pertaining to loss prevention services. (2) After the first 60 days these rules are in effect, each new insurer must comply with OAR 437-001-1020(1) at the time of application for the authority to issue insurance policies in Oregon. (3) After the first 60 days these rules are in effect, each self-insured employer shall submit the information required in OAR 437-001-1020(1) at the time the employer submits its application to the Compliance Section of the Workers’ Compensation Division for self-insurance. (4) Each insurer or self-insured employer shall notify the Division, in writing, of any change in the information in OAR 437-001-1020(1)(a) through (c) within 30 days of that change. (5) When requested by the Division, each insurer and self-insured employer shall make available with reasonable promptness copies of loss prevention, loss control and related records. (6) The duty of compliance with OAR 437-001-1005 through 437-001-1065 is that of the insurer or self-insured employer regardless whether the insurer or self-insured employer contracts for assistance for the required services. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2009, f. 1-27-09, cert. ef. 2-3-09 OSHA 7-1999, f. & cert. ef. 7-15-99 OSHA 8-1991, f. 4-25-91, cert. ef. 5-1-91 APD 21-1988, f. & cert. ef. 12-27-88
437-001-1025 Notification of Services (1) When an insurer writes a workers’ compensation policy for an employer, and annually thereafter, the insurer shall inform the employer at the employer’s Oregon main office of the loss prevention services that are available. The information shall include at least the following: (a) A description of all loss prevention services that the insurer is required to offer, and other loss prevention services the insurer provides; (b) A description of the availability of and process for obtaining loss prevention services; (c) An offer, by the insurer, of an on-site evaluation of the loss prevention service needs of the insured; (d) An explanation of the employer’s responsibility to provide a safe and healthful workplace as required by the Oregon Safe Employment Act (ORS 654.001 to 654.295 and 654.991); and (e) A statement of the employer’s right to make a complaint to Oregon OSHA if an insurer fails to respond to a request from one of its insured employers for loss prevention services or otherwise fails to provide services as offered or required. (2) An insurer shall provide the material described in section (1) of this rule and instructions that the employer distribute this material to each of the employer’s fixed places of employment in Oregon. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 7-1999, f. & cert. ef. 7-15-99 APD 21-1988, f. & cert. ef. 12-27-88
437-001-1030 Requests for Services (1) Any request by an insured employer regarding an imminent danger hazard shall be responded to with loss prevention services as soon as possible by the insurer. (2) Any other requests regarding alleged hazards other than imminent danger shall be responded to with loss prevention services as soon as practicable, but not longer than 30 days following the date of the request. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 7-1999, f. & cert. ef. 7-15-99 APD 21-1988, f. & cert. ef. 12-27-88
437-001-1035 Loss Prevention Services (1) Each insurer shall make occupational health and safety loss prevention services available to all its insured employers and shall provide certain other services as required by this rule. (2) At a minimum, loss prevention services and personnel providing the services must meet the needs of the particular place of employment, special industry, or process, and shall include at least the following: (a) Evaluation of the employer’s loss prevention needs; (b) Assistance in evaluating records that may be pertinent to the firm’s illness and injury experience; (c) An explanation to the employer of the Oregon Safe Employment Act and rules that apply to the particular place of employment; (d) Provision of partial or complete on-site health and safety surveys, which identify all reasonably discoverable occupational safety and health hazards within the scope of the survey scheduled; (e) Assistance with industrial hygiene and safety evaluations to detect physical and chemical hazards of the workplace, and implementation of engineering or administrative controls; (f) Assistance with evaluating, obtaining, and maintaining personal protective equipment; (g) Evaluation of work practices, workplace design, and assistance with job site modifications; (h) Assistance in evaluating and improving an employer’s safety management practices; (i) Assistance in identifying health and safety training needs and available resources; and (j) An offer to provide follow-up services. (3) Loss prevention services shall include a written report with a plan of action. (4) If, when providing loss prevention services, a condition of imminent danger is observed (see OAR 437-001-0015), the insurer shall advise the employer of the hazard and the need to immediately correct it. (5) All insurers shall maintain records of all loss prevention services provided at the locations designated by the insurer for Division personnel’s review and must be maintained for not less than three years following the date the service was provided. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 7-1999, f. & cert. ef. 7-15-99 APD 21-1988, f. & cert. ef. 12-27-88
437-001-1040 Required Loss Prevention Services (1) An insurer shall offer to assist in developing a loss prevention plan with each of its employers with a claims frequency or severity greater than its average employer in the same industry. The plan shall promote self-sufficiency on the part of the employer to reduce injuries and illnesses, and shall include a means to identify and control all reasonably discoverable occupational health and safety hazards. (2) The assistance shall include the following: (a) Employer notification of the available services. (b) Perform a workplace hazard survey. (c) Review of injury records and documentation of activities designed to lead to the reduction of workplace injuries and illnesses. (d) Assist the employer in developing a written loss prevention plan that is based upon the results of the hazard survey and review of injury records. The plan must at a minimum address the following loss prevention principles: (A) Management commitment to health and safety; (B) An accountability system for employer and employees; (C) Training practices and follow-up; (D) A system for hazard assessment and control; (E) A system for investigating all recordable occupational injuries and illnesses that includes written findings and corrective action; (F) A system for evaluating, obtaining, and maintaining personal protective equipment; (G) Evaluation of workplace design, work practices, and assistance with job site modifications; and (H) Employee involvement in the health and safety effort. (e) Tailor the plan to meet the needs of the employer for reduction of injuries and illnesses while promoting self-sufficiency on the part of the employer. (3) The insurer’s obligation to assist shall end if the employer declines the services offered by the carrier. (4) The Division may evaluate the insurers’ targeted loss prevention services program randomly, however no more frequently than every three years. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 7-1999, f. & cert. ef. 7-15-99 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 OSHA 24-1990, f. & cert. ef. 10-10-90 OSHA 10-1990(Temp), f. & cert. ef. 5-31-90 APD 21-1988, f. & cert. ef. 12-27-88
437-001-1050 Self-Insured and Group Self-Insured Employer Loss Prevention Assistance (1) A self-insured employer and each self-insured group shall make available to each of its workplace or group locations occupational safety and health loss prevention assistance. (2) A self-insured employer or group shall acknowledge all requests for services which do not involve alleged hazards from any of its locations within 30 days by scheduling a date to begin providing services. (3) Any request from locations of the self-insured employer or group regarding imminent danger an alleged hazard shall be responded to as soon as possible with loss prevention services. (4) All other requests regarding alleged hazards other than imminent danger shall be responded to with loss prevention services as soon as practicable, but not longer than 30 days following the date of the request. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 8-1991, f. 4-25-91, cert. ef. 5-1-91 APD 21-1988, f. & cert. ef. 12-27-88
437-001-1055 Self-Insured and Group Self-Insured Employer Loss Prevention Programs Each self-insured employer and each member of a group self-insured program shall establish and implement a written occupational health and safety loss prevention program for each establishment. As a minimum requirement, the program shall: (1) Provide for a loss prevention effort within the normal functions of the business for prevention or reduction of health and safety injuries and illnesses; and (2) Inform its managers and workplace locations of the availability and the process for requesting loss prevention assistance. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 8-1991, f. 4-25-91, cert. ef. 5-1-91 APD 21-1988, f. & cert. ef. 12-27-88
437-001-1060 Self-Insured and Group Self-Insured Employer Loss Prevention Effort Each self-insured employer and each member of a group self-insured program shall implement a loss prevention effort for each of it locations, which identifies and controls all reasonably discoverable occupational safety and health hazards and items not in compliance with the federal or the division’s occupational safety and health laws, rules and standards. The self-insured group shall assist each member of the group in developing and implementing the loss prevention effort. This loss prevention effort shall include at least the following: (1) Management commitment to health and safety; (2) An accountability system for employer and employees; (3) Training practices and follow-up; (4) A system for hazard assessment and control; (5) A system for investigating all recordable occupational injuries and illnesses that includes corrective action and written findings; (6) A system for evaluating, obtaining, and maintaining personal protective equipment; (7) On-site routine industrial hygiene and safety evaluations to detect physical and chemical hazards of the workplace, and the implementation of engineering or administrative controls; (8) Evaluation of workplace design, layout and operation, and assistance with job site modifications utilizing an ergonomic approach; (9) Employee involvement in the health and safety effort; and (10) An annual evaluation of the employer’s loss prevention activities based on the location’s current needs. (11) The group shall maintain records which document the assistance provided to each member of the group. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 8-1991, f. 4-25-91, cert. ef. 5-1-91 APD 21-1988, f. & cert. ef. 12-27-88
437-001-1065 Penalty Provisions for Insurers (1) For insurers who fail to comply with the law and the requirements of OAR 437-001-1005 through 437-001-1065, the Administrator: (a) Shall assess a civil penalty in accordance with ORS 654.086; and (b) May send a notice to an insurer, in accordance with ORS 656.447, of the Administrator’s intent to request the Administrator of the Insurance Division to suspend or revoke the insurer’s certificate of authority. (2) For self-insured employers who fail to comply with the law and the requirements of OAR 437-001-1005 through 437-001-1065, the Administrator shall assess a civil penalty in accordance with ORS 654.086. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 APD 21-1988, f. & cert. ef. 12-27-88
437-002-0005 Adoption by Reference In addition to, and not in lieu of, any other safety and health codes contained in OAR Chapter 437, the Department adopts by reference the following federal regulations printed as part of the Code of Federal Regulations, 29 CFR 1910, in the Federal Register: (1) 29 CFR 1910.1, Purpose and scope; published 6/27/74, Federal Register, vol. 39, no. 125, p. 23503. (2) 29 CFR 1910.2, Definitions; published 6/27/74, Federal Register, vol. 39, no. 125, p. 23503. (3) 29 CFR 1910.3, Petitions for the issuance, amendment, or repeal of a standard; published 6/27/74, Federal Register, vol. 39, no. 125, p. 23503. (4) 29 CFR 1910.4, Amendments to this part; published 6/27/74, Federal Register, vol. 39, no. 125, p. 23503. (5) 29 CFR 1910.5, Applicability of standards, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746. (6) 29 CFR 1910.6, Incorporation by reference; published 5/14/19, FR vol. 84, no. 93, p. 21416. (7) 29 CFR 1910.7, Definition and requirements for a Nationally Recognized Testing Laboratory, published 2/18/20, FR vol. 85, no. 32, p. 8726-8746. (8) 29 CFR 1910.9, Compliance duties owed to each employee; published 12/12/08, Federal Register, vol. 73, no. 240, pp. 75568-75589. These standards are on file at the Oregon Occupational Safety and Health Division, Oregon Department of Consumer and Business Services, and the United States Government Printing Office. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024 OSHA 3-2019, amend filed 10/29/2019, effective 10/29/2019 OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17 OSHA 4-2016, f. & cert. ef. 9-7-16 OSHA 3-2016, f. & cert. ef. 8-19-16 OSHA 7-2013, f. & cert. ef. 12-12-13 OSHA 7-2012, f. & cert. ef. 12-14-12 OSHA 5-2012, f. & cert. ef. 9-25-12 OSHA 4-2011, f. & cert. ef. 12-8-11 OSHA 2-2010, f. & cert. ef. 2-25-10 OSHA 1-2010, f. & cert. ef. 2-19-10 OSHA 5-2009, f. & cert. ef. 5-29-09 OSHA 7-2008, f. & cert. ef. 5-30-08 OSHA 4-2007, f. & cert. ef. 8-15-07 OSHA 4-2005, f. & cert. ef 12-14-05 OSHA 8-1999, f. & cert. ef. 8-6-99 OSHA 4-1997, f. & cert. ef. 4-2-97 APD 17-1988, f. & ef. 11-10-88
437-002-0006 General Oregon Definitions For the purposes of administration of the Oregon Safe Employment Act, the following terms mean: (1) “Act” means the Oregon Safe Employment Act, ORS Chapter 654. (2) “Agency” means the Occupational Safety and Health Division, Department of Insurance and Finance. (3) “Assistant Secretary” means the Administrator of the Occupational Safety and Health Division or designated representative. (4) “Assistant Secretary of Labor for Occupational Safety and Health” means the Administrator of the Occupational Safety and Health Division or designated representative. (5) “Office of the Solicitor of Labor” means Legal Counsel for the Occupational Safety and Health Division. (6) “Occupational Safety and Health Administration” or “OSHA” means the Oregon Occupational Safety and Health Division, Department of Consumer and Business Services. (7) “Standards” mean any occupational safety and health standard which has been adopted and promulgated by a nationally-recognized standards-producing organization, the federal government, or the State of Oregon and shall have the same meaning as, and include, the term “code(s)” and “rule(s).” (8) “Administrative Rules” means OAR chapter 437, division 001, Rules for the Administration of the Oregon Safe Employment Act, and ORS Chapter 183. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 17-1988, f. & ef. 11-10-88
437-002-0007 Testing and Certification By adopting these rules, the Department does not establish a testing and certification program separate from the federal OSHA Testing and Certification Program. The Department will accept as valid for compliance with its rules, the Testing and Certifications of Laboratories issued by federal OSHA. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 17-1988, f. & ef. 11-10-88
437-002-0010 Adoption by Reference In addition to, and not in lieu of, any other safety and health codes contained in OAR chapter 437, the Department adopts by reference the following federal rules as printed in the Code of Federal Regulations, 29 CFR 1910, revised as of 7/1/98, and any subsequent amendments published in the Federal Register as listed below: (1) 29 CFR 1910.11 Scope and Purpose, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28504. (2) 29 CFR 1910.12 Construction work, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28504. NOTE: 29 CFR 1910.13 Ship repairing, and 1910.14 Shipbuilding, were removed 6/30/93, Federal Register, vol. 58, no. 124, p. 35308. (3) 29 CFR 1910.15 Shipyard Employment, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28505; amended 6/30/93, FR vol. 58, no. 124, p. 35308. (4) 29 CFR 1910.16 Longshoring, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28505; amended 7/5/83, FR vol. 48, pg. 30908; 12/1/98, FR vol. 63, no. 230, p. 66270. (5) 29 CFR 1910.17 Effective dates, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28505; 3/7/96, FR vol. 61, no. 46, p. 9235. (6) 29 CFR 1910.18 Changes in established federal standards, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28505. (7) 29 CFR 1910.19 Special provisions for air contaminants, published 6/30/78, Federal Register, vol. 43, p. 28473; amended 10/3/78, FR vol. 43, p. 45809; 11/14/78, FR vol. 43, p. 53007; 1/26/79, FR vol. 44, p. 5447; 6/19/81, FR vol. 46, p. 25796; 12/13/85, FR vol. 50, p. 51173; 6/20/86, FR vol. 51, p. 22733; 10/17/86, FR vol. 51, p. 37004; 9/11/87, FR vol. 52, p. 34562; 12/4/87, FR vol. 52, p. 46291; 8/10/92, FR vol. 57, no. 154, pp. 35666-35681; 9/14/92, FR vol. 57, no. 178, pp. 42388-42453; 8/10/94, FR vol. 59, no. 153, p. 41057; 11/4/96, FR vol. 61, no. 214, p. 56831; 1/10/97, FR vol. 62, no. 7, p. 1600. NOTE: These standards are available at the Oregon Occupational Safety and Health Division, Oregon Department of Consumer and Business Services, and the United States Government Printing Office. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 6-1999, f. & cert. ef. 5-26-99 OSHA 9-1997, f. & cert. ef. 12-31-97 OSHA 6-1997, f. & cert. ef. 5-2-97 OSHA 4-1997, f. & cert. ef. 4-2-97 OSHA 4-1995, f. & cert. ef. 3-29-95 OSHA 1-1993, f. & cert. ef. 1-22-93 APD 16-1988, f. & ef. 11-10-88