justicedao/ipfs_state_laws huggingface dataset:
437-002-1059 Methods of Compliance This rule describes the engineering and work practice controls you must use. (1) Engineering and work practice controls. Use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL, unless the employer can demonstrate that such controls are not feasible. Wherever such feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, use them to reduce employee exposure to the lowest feasible level and supplement them with the use of respiratory protection that complies with the requirements of this subdivision. (2) Establish and implement a written exposure control plan that contains at least the following elements: (a) A description of the tasks in the workplace that involve exposure to respirable crystalline silica; (b) A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; and (c) A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica. (d) Review and evaluate the effectiveness of the written exposure control plan at least annually and update it as necessary. (e) For employees engaged in construction activity or using the specified exposure control methods allowed in 437-002-1057, designate a competent person to make frequent and regular inspections of job sites, materials, and equipment to implement the written exposure control plan. (f) Make the written exposure control plan readily available for examination and copying, upon request, to each employee covered by this subdivision, their designated representatives, the Director of the Oregon Department of Consumer and Business Services, or designee, and the Director of the National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or designee. (3) Abrasive blasting. In addition to the requirements of 437-002-1058(1), comply with other Oregon OSHA standards, when applicable, such as 1910.94 (Ventilation) or 1926.57 (Ventilation) where abrasive blasting is conducted using crystalline silica containing blasting agents, or where abrasive blasting is conducted on substrates that contain crystalline silica. Statutory/Other Authority: ORS 654.025(2) & 656.726(4). Statutes/Other Implemented: ORS 654.001- 654.295 History: OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18
437-002-1060 Respiratory Protection This rule applies to all respirator use. (1) General. Where respiratory protection is required by this subdivision, provide each employee an appropriate respirator that complies with the requirements of this rule and 1910.134. Respiratory protection is required: (a) Where exposures exceed the PEL during periods necessary to install or implement feasible engineering and work practice controls; (b) Where exposures exceed the PEL during tasks, such as certain maintenance and repair tasks, for which engineering and work practice controls are not feasible; (c) During tasks for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL; (d) When specified by an exposure control method in Table 1, as allowed for in 437-002-1057; (e) During periods when the employee is in a regulated area. (2) Where respirator use is required by this rule, institute a respiratory protection program in accordance with 1910.134. Statutory/Other Authority: ORS 654.025(2) & 656.726(4). Statutes/Other Implemented: ORS 654.001- 654.295 History: OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18
437-002-1061 Housekeeping This rule covers housekeeping requirements for all employers covered under the silica rule scope, 437-002-1053. (1) Do not allow dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica unless wet sweeping, HEPA-filtered vacuuming or other methods that minimize the likelihood of exposure are not feasible. (2) Do not allow compressed air to be used to clean clothing or surfaces where such activity could contribute to employee exposure to respirable crystalline silica unless: (a) The compressed air is used in conjunction with a ventilation system that effectively captures the dust cloud created by the compressed air; or (b) No alternative method is feasible. Statutory/Other Authority: ORS 654.025(2) & 656.726(4). Statutes/Other Implemented: ORS 654.001- 654.295 History: OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18
437-002-1063 Communication of Respirable Crystalline Silica Hazards to Employees (1) Include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (OAR 437-002-1910.1200). Ensure that each employee has access to labels on containers of crystalline silica and safety data sheets, and is trained in accordance with the provisions of HCS and this subdivision. Ensure that at least the following hazards are addressed: (a) Cancer (b) Lung effects (c) Immune system effects (d) Kidney effects (2) Ensure that each employee covered by this subdivision can demonstrate knowledge and understanding of at least the following: (a) The health hazards associated with exposure to respirable crystalline silica; (b) Specific tasks in the workplace that could result in exposure to respirable crystalline silica; (c) Specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used; (d) The contents of this subdivision; (e) The purpose and a description of the medical surveillance program required by 437-002-1062; and (f) When a competent person is required, the identity of the designated competent person. (3) Make a copy of 437-002-1053 through 437-002-1065 readily available without cost to each employee covered by these rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001- 654.295 History: OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18
437-002-1064 Recordkeeping (1) Air monitoring data. (a) Make and maintain an accurate record of all exposure measurements taken to assess employee exposure to respirable crystalline silica, as prescribed in 437-002-1056. (b) This record must include at least the following information: (A) The date of measurement for each sample taken; (B) The task monitored; (C) Sampling and analytical methods used; (D) Number, duration, and results of samples taken; (E) Identity of the laboratory that performed the analysis; (F) Type of personal protective equipment, such as respirators, worn by the employees monitored; and (G) Name and job classification of all employees represented by the monitoring, indicating which employees were actually monitored. (c) Ensure that exposure records are maintained and made available in accordance with 1910.1020. (2) Objective data. (a) Make and maintain an accurate record of all objective data relied upon to comply with the requirements of this subdivision. (b) This record must include at least the following information: (A) The crystalline silica-containing material in question; (B) The source of the objective data; (C) The testing protocol and results of testing; (D) A description of the process, task, or activity on which the objective data were based; and (E) Other data relevant to the process, task, activity, material, or exposures on which the objective data were based. (c) Ensure that objective data are maintained and made available in accordance with 1910.1020. (3) Medical surveillance. (a) Make and maintain an accurate record for each employee covered by medical surveillance under 437-002-1062. (b) The record must include the following information about the employee: (A) Name; (B) A copy of the PLHCPs’ and specialists’ written medical opinions; (C) A copy of the information provided to the PLHCPs and specialists. (c) Ensure that medical records are maintained and made available in accordance with 1910.1020. Statutory/Other Authority: ORS 654.025(2) & 656.726(4). Statutes/Other Implemented: ORS 654.001- 654.295 History: OSHA 3-2019, amend filed 10/29/2019, effective 10/29/2019 OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18
437-002-1065 Dates (1) Construction employers with a NAICS code of 23 must comply with Division 2/Z Silica by July 1, 2018. (2) All other employers must comply with Division 2/Z Silica by July 1, 2018, except as provided for below: (a) For all employees exposed to respirable crystalline silica above the PEL for 30 days or more per year, you must comply with the medical surveillance requirements in 437-002-1062 by July 1, 2018. (b) For all employees exposed to respirable crystalline silica above the action level for 30 or more days per year, you must comply with the medical surveillance requirements in 437-002-1062 by July 1, 2020. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001- 654.295 History: OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18
437-002-1139 Working Over or In Water (1) Scope and Application: This rule applies to employees not covered by division 3, Construction; division 4, Agriculture or division 6, Forest Practices. These rules apply where the danger of drowning exists and the water is more than five feet deep. These rules do not apply to law enforcement or emergency services workers nor to any workers protected by general or personal fall protection nor to employees covered by OAR 437-002-1910.401 through 1910.441, Commercial Diving Operations. (2) Definition: Rescue device — 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. (3)(a) Workers in water must wear a Coast Guard approved or equivalent, wearable personal flotation device (PFD). (b) Workers over water on floating or unstable surfaces must wear a Coast Guard approved or equivalent, wearable personal floatation device (PFD). (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 1-2001, f. 1-18-01, cert. ef. 3-1-01
437-002-2021 Additional Oregon Definitions (1) Scope and application. These definitions apply to Subdivision 2/D. Additional terms in 1910.21(b) also apply to Subdivision 2/D. (2) Definitions. Low-slope roof means a roof that has a slope less than or equal to a ratio of 2 in 12 (vertical to horizontal). Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
437-002-2022 Additional Oregon Rules for Powered Platforms (1) Scope and application. This rule applies to powered platforms not regulated by 1910.66 Powered platforms for building maintenance, 1910.67 Vehicle-mounted elevating and rotating work platforms, and 1910.68 Manlifts. (2) Powered work platforms identified in (2)(a) — (c) of this rule, used in general industry, must meet the requirements of Division 3, Subdivision L Scaffolds. (a) Manually Propelled Elevating Aerial Platforms covered by the scope of ANSI/SIA A92.3 – 1990. (b) Scissor lifts — Self-Propelled Elevating Work Platforms covered by the scope of ANSI/SIA A92.6 — 1990. (c) Boom Supported Elevating Work Platform covered by the scope of ANSI/SIA A92.5 — 1996. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
437-002-2024 Scope and Application This subdivision applies to all occupational exposures to beryllium in all forms, compounds, and mixtures in general industry and construction activities, except for the following: (1) This subdivision does not apply to articles, as defined in the Hazard Communication standard (HCS) § 1910.1200(c), that contain beryllium and that the employer does not process. (2) This subdivision does not apply to materials containing less than 0.1% beryllium by weight where the employer has objective data demonstrating that employee exposure to beryllium will remain below the action level as an 8-hour TWA under any foreseeable conditions. Statutory/Other Authority: ORS 654.025(2) & 656.726(4). Statutes/Other Implemented: ORS 654.001 – 654.295 History: OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018 OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18
437-002-2026 Permissible Exposure Limit (PEL) (1) Time-weighted average (TWA) PEL. The employer must ensure that no employee is exposed to an airborne concentration of beryllium in excess of 0.2 µg/m3 calculated as an 8-hour TWA. (2) Short-term exposure limit (STEL). The employer must ensure that no employee is exposed to an airborne concentration of beryllium in excess of 2.0 µg/m3 as determined over a sampling period of 15 minutes. Statutory/Other Authority: ORS 654.025(2) & 656.726(4). Statutes/Other Implemented: ORS 654.001 – 654.295 History: OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18
437-002-2028 Regulated and Restricted Access Areas This rule applies to fixed site beryllium work areas and regulated areas, and restricted access areas for construction activities. (1) Fixed sites. (a) Beryllium work area. (A) Establish and maintain a beryllium work area in work area containing a process or operation that can release beryllium where employees are, or can reasonably be expected to be, exposed to airborne beryllium at any level or where there is the potential for dermal contact with beryllium. (B) Identify each beryllium work area through signs or any other methods that adequately establish and inform each employee of the boundaries of each beryllium work area. (b) Regulated areas. (A) Establish a regulated area wherever an employee’s exposure to airborne concentrations of beryllium is, or can reasonably be expected to be, in excess of the PEL. (B) Demarcate regulated areas from the rest of the workplace in a manner that minimizes the number of employees exposed to beryllium within the regulated area. Post legible and easily visible signs at all entrances to regulated areas that bear the following legend. DANGER REGULATED AREA BERYLLIUM MAY CAUSE CANCER AUTHORIZED PERSONNEL ONLY WEAR RESPIRATORY PROTECTION AND PERSONAL PROTECTIVE CLOTHING AND EQUIPMENT IN THIS AREA (C) Limit access to regulated areas to: (i) Persons authorized by the employer and required by work duties to be present in the regulated area; (ii) Any person entering such an area as a designated representative of employees for the purpose of exercising the right to observe monitoring procedures under 437-002-2027; and (iii) Any person authorized by law to be in a regulated area. (D) Provide and ensure each employee and the employee’s designated representative entering a regulated area uses: (i) Appropriate respiratory protection in accordance with 437-002-2030, (ii) Appropriate personal protective equipment in accordance with 437-002-2031. (2) Restricted access for construction activities. For employers engaged in construction activities; (a) Written procedures. Develop and implement written procedures to restrict access to work areas, where airborne exposures are, or can reasonably be expected to be, above the TWA PEL or STEL, to minimize the number of employees exposed to beryllium and their level of exposure, including exposures generated by other employers or sole proprietors. Procedures must be part of the written exposure control plan required by 437-002-2029. (b) Competent person. Designate a competent person to ensure the procedures are followed. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 – 654.295 History: OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018 OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18
437-002-2030 Respiratory Protection This rule applies to all respirator use. (1) Where respiratory protection is required by this subdivision, provide each employee an appropriate respirator that complies with the requirements of this rule and § 1910.134. Respiratory protection is required: (a) Where exposures exceed the PEL or STEL during periods necessary to install or implement feasible engineering and work practice controls; (b) Where exposures exceed the PEL or STEL during tasks, such as certain maintenance and repair tasks, for which engineering and work practice controls are not feasible; (c) During tasks for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL or STEL; (d) During emergencies; (e) When an employee who is eligible for medical removal under OAR 437-002-2035 chooses to remain in a job with airborne exposure at or above the action level, as permitted by that rule. (2) Where respirator use is required by this rule, institute a respiratory protection program in accordance with § 1910.134. (3) Provide a powered air-purifying respirator (PAPR) instead of a negative pressure respirator at no cost to the employee when: (a) Respiratory protection is required by this rule; (b) An employee entitled to such respiratory protection requests a PAPR; and (c) The PAPR provides adequate protection to the employee. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 – 654.295 History: OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018 OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18
437-002-2031 Delayed Effective Dates for Walking-Working Surfaces (1) Scope and application. The delayed effective dates in this rule apply in Oregon to 1910.24, 1910.25, 1910.26, 1910.28, 1910.29 and 1910.30 within Subdivision 2/D. (2) Step bolts and manhole steps (1910.24). The delayed federal effective dates referenced in 1910.24 do not apply in Oregon. In Oregon, the following delayed effective dates apply: (a) 1910.24(a)(1): Replace January 17, 2017 with January 1, 2018. (b) 1910.24(a)(6): Replace January 17, 2017 with January 1, 2018. (c) 1910.24(a)(7): Replace January 17, 2017 with January 1, 2018. (d) 1910.24(b)(2): Replace January 17, 2017 with January 1, 2018. (3) Stairways (1910.25). The delayed federal effective dates referenced in 1910.25 do not apply in Oregon. In Oregon, the following delayed effective dates apply: (a) 1910.25(b)(5)(i): Replace January 17, 2017 with January 1, 2018. (b) 1910.25(b)(5)(ii): Replace January 17, 2017 with January 1, 2018. (c) 1910.25(c)(5): Replace January 17, 2017 with January 1, 2018. (4) Dockboards (1910.26). The delayed federal effective date referenced in 1910.26(b)(1) does not apply in Oregon. In Oregon, replace January 17, 2017 with January 1, 2018. (5) Duty to have fall protection and falling object protection (1910.28). The delayed federal effective dates referenced in 1910.28 do not apply in Oregon. In Oregon, the following delayed effective dates apply: (a) 1910.28(b)(9)(i)(A): Replace November 19, 2018 with November 1, 2019. (b) 1910.28(b)(9)(i)(B): Replace November 19, 2018 with November 1, 2019. (c) 1910.28(b)(9)(i)(D): Replace November 18, 2036 with December 1, 2036. (d) 1910.28(b)(10)(ii): Replace November 19, 2018 with November 1, 2019. (6) Fall protection systems and falling object protection – criteria and practices (1910.29). The delayed federal effective dates referenced in 1910.29 do not apply in Oregon. In Oregon, the following delayed effective dates apply: (a) 1910.29(f)(1)(ii)(A): Replace January 17, 2017 with January 1, 2018. (b) 1910.29(f)(1)(ii)(B): Replace January 17, 2017 with January 1, 2018. (7) Training requirements (1910.30). The delayed federal effective dates referenced in 1910.30 do not apply in Oregon. In Oregon, the following delayed effective dates apply: (a) 1910.30(a)(1): Replace May 17, 2017 with May 1, 2018. (b) 1910.30(b)(1): Replace May 17, 2017 with May 1, 2018. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17
437-002-2032 Hygiene Areas and Practices This rule covers hygiene requirements for all employers covered under the beryllium rule scope, 437-002-2024. (1) For each employee working in a beryllium work area or required to use personal protective clothing or equipment by this subdivision, you must: (a) Provide readily accessible washing facilities in accordance with this rule and the Sanitation standards § 1910.141 and § 1926.51 to remove beryllium from the hands, face, and neck; and (b) Ensure that employees who have dermal contact with beryllium wash any exposed skin at the end of the activity, process, or work shift and prior to eating, drinking, smoking, chewing tobacco or gum, applying cosmetics, or using the toilet. (c) Provide employees with a designated change room where employees are required to remove their personal clothing. (2) Wherever the employer allows employees to consume food or beverages at a worksite where beryllium is present, you must ensure that: (a) Surfaces in eating and drinking areas are as free as practicable of beryllium: (b) Employees do not enter any eating or drinking area with personal protective clothing or equipment unless, prior to entry, surface beryllium has been removed from the clothing or equipment by methods that do not disperse beryllium into the air or onto an employee's body; and (c) Eating and drinking facilities provided by the employer are in accordance with the Sanitation standards (§ 1910.141 or § 1926.51). (3) Ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in regulated areas or work areas where there is a reasonable expectation of exposure above the TWA PEL or STEL. (4) On fixed sites, provide showers when: (a) Airborne exposures exceed or can reasonably be expected to exceed, the PEL or STEL. (b) Beryllium can reasonably be expected to contaminate employees' hair or body parts other than hands, face, and neck. (5) When showers on fixed sites are required, ensure that each employee showers at the end of the work shift or work activity if: (a) The employee reasonably could have had airborne exposure above the TWA PEL or STEL; and (b) Beryllium could reasonably have contaminated the employee's hair or body parts other than hands, face, and neck. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 – 654.295 History: OSHA 1-2018, amend filed 03/12/2018, effective 03/12/2018 OSHA 3-2017, f. 7-7-17, cert. ef. 3-12-18