justicedao/ipfs_state_laws huggingface dataset:
437-007-1205 Aircraft Refueling/Maintenance Area (1) The helicopter refueling and maintenance area must be located so personnel are not exposed to the hazards created by yarding and log handling activities. (2) Unauthorized personnel are not allowed to be within 50 feet of an active refueling operation or fueling equipment. (3) The refueling area must be posted with "NO SMOKING" signs. (4) The following are prohibited within 50 feet of the refueling area or refueling equipment: (a) Smoking. (b) Open flames. (c) Exposed flame heaters. (d) Flare pots. (e) Open flame lights. (f) Operating pre-heaters. (5) At least one or a combination of portable fire extinguishers must be provided for each refueling and maintenance area. The minimum ratings of portable fire extinguishers must be equivalent to: [Table not included. See ED. NOTE.] NOTE: Helicopter overall length, includes the tail boom and the rotors fully extended. (6) Personnel in the refueling area must be trained to effectively use fire extinguishers. (7) All refueling personnel must be knowledgeable about the specific procedure to be followed for the aircraft being fueled. (8) Before starting the refueling operation: (a) Refueling equipment and the refueling nozzle must be electrically bonded to the helicopter. (b) All bonding connections must be electrically and mechanically firm to clean unpainted metal parts. NOTE: The use of conductive hose is not acceptable to accomplish this bonding. (9) Helicopters using Jet A type fuel may be fueled with the engine(s) running. (10) Helicopters using Jet B type fuel or aviation gasoline must not be fueled with the engine(s) running. (11) To control spills: (a) Self-closing nozzles or deadman controls must be used and they must not be blocked open. (b) Nozzles must not be dragged along the ground. (c) Pouring or gravity flow of fuel is not permitted from containers with a capacity of more than 5 gallons. (12) When a spill creates a fire hazard, the refueling operation must be immediately stopped until a competent or authorized person determines that it is safe to resume the refueling operation. [ED. NOTE: Tables 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 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-1300 Scope of Rules The purpose of the rules in Subdivision N is to provide minimum safety and health requirements for all public and private employers who engage in wildland fire prevention, wildland fire suppression or prescribed fire that includes activities such as, but not limited to: (1) Fire line construction; (2) Engine (fire truck) operation; (3) Dozer, skidgine and pumper-cat operation; (4) Snag felling; (5) Fire detection; (6) Forest patrols; (7) Helicopter operation; (8) Slash burning; (9) Mop-up; (10) Laying hose lines; (11) Tending dip-tanks; (12) Handling, mixing and applying fire suppression chemicals. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2005, f. 5-27-05, cert. ef. 6-1-05
437-007-1303 Application of Rules (1) Except as otherwise specified, the rules in Subdivision N apply to all personnel engaged in wildland fire prevention, wildland fire suppression or prescribed fire activities when there is potential for exposure to wildland fire hazards such as, but not limited to: (a) Burn injuries; (b) Burning embers; (c) Extreme fire behavior; (d) Entrapment; (e) Falling snags; (f) Rolling materials; (g) Smoke inhalation. (2) The rules in Subdivision N do not limit the use of other applicable safety and health rules. (3) The rules in Subdivision N do not apply to personnel assigned to wildland fire suppression support activities, such as fire camp support positions which will not expose them to wildland fire hazards. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2005, f. 5-27-05, cert. ef. 6-1-05
437-007-1305 General Requirements (1) Tactical and command fire suppression communications must provide a clear line of communication to all affected personnel. (2) When employees are required to handle, mix and/or apply hazardous chemicals, the employer must develop, implement and maintain a written hazard communication program meeting the requirements of Division 2, Subdivision 2/Z, Toxic and Hazardous Substances, 1910.1200, Hazard Communication. (3) During the initial attack on a wildland fire, when the fire and/or the fire suppression activity creates a hazardous condition for traffic and warning signs and/or flaggers are not controlling traffic, a vehicle with emergency flashing lights must be used to warn traffic. NOTE: See Division 7 Subdivision F, 437-007-0510 Roads, Vehicles, Flagging and Flammables. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2005, f. 5-27-05, cert. ef. 6-1-05
437-007-1310 Personnel Assignments (1) The employer and/or their authorized representative must take into account the physical capability of each employee to safely perform assigned tasks: (a) Prior to job assignment; and (b) While the employee performs those tasks. (2) Personnel performing wildland fire suppression or prescribed fire activities except as provided for in OAR 437-007-1315(1) and (2), must: (a) Work in teams of two or more; and (b) Be positioned so they are close enough to render assistance to one another in case of an emergency. NOTE: This rule does not prohibit the ignition and monitoring of burn piles and landings by one employee when a competent person has determined that conditions are such that the fire(s) will not spread beyond the fuels intended to be burned. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2005, f. 5-27-05, cert. ef. 6-1-05
437-007-1315 Single Personnel Assignments (1) Single employee assignments such as watchers, security and forest patrol personnel may take appropriate action to contain, control or extinguish a fire upon discovery only when: (a) They have first reported the fire, described their intended fire suppression activities, and agreed on a checking system as required by OAR 437-007-0210; and (b) Their fire suppression activities are consistent with firefighter training and safety; and (c) There is an escape route to a safety zone that will not be cut off if the fire increases in size or changes direction. (2) A competent person must ensure that watchers, security and forest patrol personnel, and other single employee assignment personnel who are expected to perform fire suppression activities: (a) Have received Basic Wildland Fire Safety Training as required by OAR 437-007-1325; and (b) Are qualified in the operation of assigned fire suppression machines, equipment, and use of fire fighting tools; and (c) Are advised of the requirements of OAR 437-007-1315(1) and other job site conditions, known by the employer, which could affect the extent of their fire suppression activities; and (d) Are physically capable of performing assigned fire suppression activities as required by OAR 437-007-1310(1). Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2005, f. 5-27-05, cert. ef. 6-1-05
437-007-1320 Personal Protective Equipment Personnel performing wildland fire suppression or prescribed fire activities must wear: (1) Pants and a long-sleeved shirt made of cotton, wool, denim or other fire resistant materials. NOTE: The employer is not required to provide the clothing listed in OAR 437-007-1320(1). (a) Clothing made from common permanent-press materials or synthetic fibers that melt when exposed to flame or heat must not be worn. (b) When special protective clothing made of aramid or other fire resistant materials is required by the employer, the employer must provide it at no cost to the personnel. (2) Footwear that: (a) Covers and provides protection and support for the foot and ankle, such as heavy duty leather lace-up boots with an 8-inch high top. (b) Provides for secure footing and traction for the assigned task. NOTE: Caulked boots, in accordance with the requirement of OAR 437-007-0330, may be required for some fire suppression or prescribed fire duties. (c) Is fire and melt resistant. (d) Is made of or covered with chain saw cut resistant material when operating a chain saw. NOTE: The employer is not required to provide the minimum basic footwear listed in OAR 437-007-1320(2). (3) Head protection in accordance with the requirement of OAR 437-007-0305(1) and (2). When wearing hard hats around helicopters, the hats must be secured by a chin strap. NOTE: To reduce the possibility of blowing objects when working around helicopters, hard hats need not be worn when a competent person has determined there is no danger from falling or flying objects. (4) Upper body cover and/or hard hats of a high-visibility color in accordance with the requirement of OAR 437-007-0310. (5) Eye and face protection in accordance with the requirements of OAR 437-007-0315. (6) Hand protection in accordance with the requirements of OAR 437-007-0320(1) and (2). (7) Leg protection in accordance with the requirements of OAR 437-007-0325 when operating chain saws. (8) Hearing protection in accordance with the requirements of OAR 437-007-0335. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2005, f. 5-27-05, cert. ef. 6-1-05
437-007-1325 Training The following requirements are in addition to the training requirements of OAR 437-007-0140. (1) The employer and/or their authorized representative must ensure that all personnel who may be called upon to do wildland fire suppression and/or prescribed fire activities receive Basic Wildland Fire Safety Training as follows: (a) Once a year, between January 1 and the legal declaration of fire season, for personnel who are employed at the time training is presented. NOTE 1: Personnel who have previously received Basic Wildland Fire Safety Training need only receive refresher training on those portions of the curriculum outlined in Appendix 7-C that are relevant to the fire suppression activities to which they may be assigned. NOTE 2: Basic Wildland Fire Safety Training is not required for personnel who are assigned to fire support positions that will not expose them to wildland fire hazards. (b) Newly hired and/or reassigned personnel who have not received Basic Wildland Fire Safety Training must be trained within 17 days of being assigned or dispatched to wildland fire suppression or prescribed fire activities. In the interim, they may perform wildland fire suppression, or prescribed fire activities provided they work under the direct supervision of a competent person who must: (A) Brief personnel (prior to starting fire suppression or prescribed fire activities) about the escape route(s), safety zone(s), anticipated fire activity, and what to do if they get separated from the competent person; and (B) Provide continuous on-the-job supervision; and (C) Provide on-the-job fire safety training; and (D) Supervise no more than 5 untrained personnel. NOTE: When an untrained runner is enroute, direct supervision may be achieved by radio contact provided there is a competent person providing direct supervision at both the pick-up and drop-off points. (2) Basic Wildland Fire Safety Training must: (a) Be presented by a qualified person; and (b) Provide instruction and training on the curriculum outline in Appendix 7-C; and [Appendix not included. See ED. NOTE.] (c) Be presented in a language and manner that the employee(s) is able to understand. (3) The employer must keep a current written record of Basic Wildland Fire Safety Training for each employee. (4) Personnel who are issued fire shelters must receive instructions from a qualified person prior to issue, and at least once a year thereafter, on: (a) How to inspect and care for the shelter; and (b) How, when and where to deploy the shelter; and (c) What a person needs to do in the deployed shelter. NOTE: When fire shelters are required, an orderly transition for employee training must be consistent with fire suppression needs and employee safety. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2005, f. 5-27-05, cert. ef. 6-1-05
437-007-1330 Equipment, Vehicles and Machines, General Requirements (1) Fire fighting equipment, vehicles and machines must be: (a) Inspected for defects prior to the start of each shift. (b) Maintained in accordance with the appropriate manufacturers' recommendations. (2) Fire fighting equipment, vehicles, and machines that are defective or damaged so as to render them hazardous to operate, must be removed from service and not returned to service until repairs are completed. (3) A safe and adequate means of access and egress such as steps, ladders, and handholds must be provided and maintained to all parts of vehicles and machines where employees must go. (4) Machine and vehicle access must comply with the Society of Automotive Engineers' SAE J185-1988 or ISO 2867:1994, Access Systems for Off-Road Machines. (5) An effective means of communication must be established when it is necessary for personnel to communicate with the operator of a vehicle, equipment or machine. (6) When military vehicles are used to transport personnel, they must be equipped with standard military seating, backrests and endgates or equivalent. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2005, f. 5-27-05, cert. ef. 6-1-05
437-007-1335 Vehicle Operation (1) The operation of vehicles must comply with the requirements of OAR 437-007-0520 through 437-007-0570. (2) All equipment hauled on a vehicle must be adequately secured when the vehicle is in motion. (3) Vehicles must be brought to a full stop before personnel disembark. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2005, f. 5-27-05, cert. ef. 6-1-05
437-007-1340 Machine Operation (1) When machines used for fire trail construction or fire fighting are operated on slopes in excess of the limitations for machine operation as defined in OAR 437-007-0935(1) and (2), a competent person must ensure that measures are taken to provide stability such as: (a) Using the blade; or (b) Tying to stumps, anchors, or other machines; or (c) Using materials to limit the slope under the machine; or (d) Limiting the operating range of movement and/or the machine loading to maintain stability. (2) The machine operator and a competent person must agree how to safely operate on all steep slopes taking into consideration the: (a) Experience of the operator. (b) Limitations of the machine. (c) The soil conditions. (d) Direction of travel (traveling straight up and down the slope). (e) Hazards of turning the machine on the slope. (f) Weather. (g) Load size. (h) Any other adverse condition(s). Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2005, f. 5-27-05, cert. ef. 6-1-05
437-007-1345 Helicopter Operations (1) Helicopter facilities must be kept clear of loose objects and unauthorized personnel. (2) Personnel must not smoke within 50 feet of a helicopter, fuel storage, or fueling equipment. (3) Unless authorized by the pilot or helicopter ground crew, personnel must stay at least: (a) 50 feet away from small helicopters (50 feet or less overall length); and (b) 100 feet away from large helicopters. NOTE: Helicopter overall length, includes the tail boom and the rotors fully extended. (4) A competent person must provide a detailed briefing on helicopter safety procedures to all passengers prior to loading. (5) Personnel assigned to ride in helicopters must: (a) Be briefed in the correct approach, riding and off-loading procedures for the particular type of helicopter. (b) Follow instructions of helicopter personnel at all times when around helicopter. (c) Carry all tools at their side (not slung over their shoulder) when around helicopters. (6) Unless told otherwise by a competent person, personnel must approach and leave the helicopter in full view of the pilot. (7) Personnel must stay away from turning tail rotors at all times. (8) Personnel must not stand directly beneath a hovering helicopter unless they have been trained or are being trained in performing sling load hookup or bucket filling operations. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2005, f. 5-27-05, cert. ef. 6-1-05
437-007-1400 Jerk Wire Whistle System The use of a jerk wire whistle system for any type of yarding operation is prohibited. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-1500 Tree Climbing General Requirements (1) The employer must develop rescue procedures that include: (a) Adequate personnel and equipment to perform the rescue. (b) Training in procedures to rescue a climber from a tree. (2) When rescuing a climber, use procedures or equipment that will: (a) Provide support to the climber’s upper body (chest) and pelvis, (b) Maintain the injured climber in an up-right position during rescue. NOTE: Rescues may be accomplished using standard, familiar equipment, not special gear designed solely for rescue, as long as it supports the body as stated above. (3) When the injured climber is wearing only a climbing belt, before rescue starts, provisions must be made to prevent the climber from slipping through the climbing belt. NOTE: A climbing saddle or sit harness is designed to prevent slipping. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2008, f. 3-7-08, cert. ef. 7-1-08
437-007-1505 Climbing Equipment General Requirements (1) Before leaving the ground, the climber must: (a) Visually check their climbing equipment, (b) Immediately remove defective or damaged climbing equipment from service. (c) Check hardware for secure closure before placing their weight on the lanyard or life support rope. (d) Tie, dress and set all climbing knots. (2) Splices must be made according to cordage manufacturer’s recommendations. (3) Life support ropes (climbing line) that are in service must: (a) Be easily identifiable. (b) Have a minimum breaking strength of 5,400 pounds. (c) Be used only for climbing. (4) Remove life support rope from climbing service when: (a) It has been subjected to a shock load. (b) There is excessive wear or damage detected during inspection. (5) Webbing used for life support must be applied in a manner that provides a minimum breaking strength of 5,400 pounds. (6) Climbing hardware must have a minimum breaking strength of 5,000 pounds. (7) Lanyard snap hooks must be self closing and self locking. (8) When a cutting tool is used in a tree, the climbing rope (lanyard) must be a high-quality steel safety chain of 3/16-inch size or larger or a wire core rope. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2008, f. 3-7-08, cert. ef. 7-1-08
437-007-1510 Climbing Procedures General Requirements (1) Before climbing a tree, assess the tree and immediate area for any potential hazards that could affect the climbing activity. (2) When stopping to rest or work, the climber must be secured to the tree. (3) When using a knot to adjust the length of a cable core lanyard, use a “cats paw” (Becket Hitch), friction hitch or mechanical friction device attached to a compatible size eye splice or D-ring of a climbing belt, saddle or harness. (4) Don’t use climbing belts by themselves for rappels, ascender use, or friction hitch climbing. (5) While climbing operations are active, personnel on the ground must be positioned where they will not be struck by falling objects. (6) When it is necessary for ground personnel to work directly below the climber, the climber must not be engaged in any activity where tools, rigging or other objects could be dropped or dislodged from the tree. (7) The climber must give warning when any equipment or material is in danger of dropping, or is to be dropped deliberately. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2008, f. 3-7-08, cert. ef. 7-1-08
437-007-1515 Rigging Trees for Cable Logging Systems (1) Yarding of any type must not be conducted within reach of the tree or guylines of a tree in which a climber is working. (2) When machines are used to hoist rigging: (a) A person must be assigned to transmit the climber's signals. (b) The signal person and machine operator must not perform other duties when the climber is in the tree. (c) Noisy equipment, such as power saws, tractors and other logging machines, must not be operated around the area where a climber is working when such noise will interfere with the climber's signals. (3) Lines attached to a tree in which a climber is working must not be moved except on a signal from the climber. (4) Unsecured equipment, rigging, or material must not be left in the tree. Statutory/Other Authority: ORS 654.025(2) & ORS 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2008, f. 3-7-08, cert. ef. 7-1-08
437-007-1520 Four Inch Tie-In Systems (1) Use a belay (snubbing) system, with dynamic rope, when climbing above the 4-inch bole diameter in conifers or above the last secure tie-in point capable of providing life support in hardwoods. (2) Install 4-inch tie-in system protection (rigging points) at least every 3 feet along the bole or branch to limit falls to no more than 6 feet. (3) Climbers must not: (a) Place side loads on the carabiner gate. (b) Use static cordage for applications where dynamic loading could occur. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2008, f. 3-7-08, cert. ef. 7-1-08
437-007-1525 Belayed (Snubbing) Climbing System (1) The belay line must be a dynamic rope with a minimum 5400 pounds breaking strength. (2) Do not use a body belay. (3) Do not use a chest harness as the tie-in point. (4) Follow the requirements of Appendix 7-K. [ED. NOTE: Appendix 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 3-2008, f. 3-7-08, cert. ef. 7-1-08
437-007-1530 Three Point Climbing System (1) Use a three-point climbing system (three-points of contact) when tree climbing. NOTE: A three-point system is not required when using an approved rappel or ascender system. (2) While tree climbing, three-points of contact must be firmly in place on a secure surface before moving to another point. NOTE 1: Each hand and foot (or climbing spur) is considered a potential point of contact. NOTE 2: Other parts of the body, such as a hooked knee or armpit, may be considered contact points if the body part is physically capable of supporting the full body weight. NOTE 3: A lanyard around the tree bole or appropriate limb that is secured to the safety harness or climbing belt on both ends counts as two points of contact. (3) Do not use unsound branches or stubs for support. (4) Climbing without being secured to the tree is not allowed except in conifers when, in the judgment of the qualified climber, the density of branches growing from the stem would require so many limb-overs, attaching and reattaching the lanyard, as to become a greater hazard than simply climbing that section of the tree. (5) Climbing in conifers without being secured is not allowed above the 4-inch bole diameter. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2008, f. 3-7-08, cert. ef. 7-1-08