justicedao/ipfs_state_laws huggingface dataset:
437-003-0006 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 Accident Prevention Division, Department of Insurance and Finance. (3) “Assistant Secretary” means the Administrator of the Accident Prevention Division or designated representative. (4) “Assistant Secretary of Labor for Occupational Safety and Health” means the Administrator of the Accident Prevention Division or designated representative. (5) “Office of the Solicitor of Labor” means Legal Counsel for the Accident Prevention Division. (6) “Occupational Safety and Health Administration” or “OSHA” means the Accident Prevention Division, Department of Insurance and Finance. (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 terms “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 Oregon Revised Statutes (ORS) Chapter 183. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 8-1989, f. & ef. 7-7-89
437-003-0007 Additional Rules of Practice for Administrative Adjudications In addition to and not in lieu of administrative and legal actions outlined in 29 CFR 1926.4, the State of Oregon will use the provisions of ORS Chapter 183 and 654, and OAR chapter 437, division 1, to administer this code. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 8-1989, f. & ef. 7-7-89 APD 5-1989, f. 3-31-89, ef. 5-1-89
437-003-0011 Additional Definitions The following definitions are in addition to those found in 29 CFR 1926.32: (1) “Department” The Department of Insurance and Finance. (2) “Employee” Any individual, including a minor whether lawfully or unlawfully employed, who engages to furnish his services for a remuneration, financial or otherwise, subject to the direction and control of an employer, and includes salaried, elected and appointed officials of the state, state agencies, counties, cities, school districts and other public corporations, or any individual who is provided with workers’ compensation coverage as a subject worker pursuant to ORS Chapter 656, whether by operation of law or by election. (3) “Employer” Any person who has one or more employees, or any sole proprietor or member of a partnership who elects workers’ compensation coverage as a subject worker pursuant to ORS 656.128. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 8-1989, f. & ef. 7-7-89 APD 5-1989, f. 3-31-89, ef. 5-1-89
437-003-0015 Drinking Water (1) Potable water means water meeting the bacteriological and chemical quality requirements prescribed in the OAR chapter 333, division 61, Public Water Systems, of the Oregon State Health Division. (2) In addition to and not in lieu of any provisions in 1926.51(a), drinking water containers shall be constructed of materials that maintain water quality, shall be refilled daily or more often as necessary, shall be kept covered, and shall be regularly cleaned. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2011, f. & cert. ef. 12-8-11 APD 8-1989, f. & ef. 7-7-89 APD 5-1989, f. 3-31-89, ef. 5-1-89
437-003-0017 Additional Definitions to Concrete and Masonry Construction (1) Deadman is a large weight of sufficient mass used to anchor the base of a brace to a masonry wall. (2) Grout lift is an increment of grout height within the total grout pour. (3) Grout pour is the total height of a masonry wall to be grouted prior to the erection of additional masonry. A grout pour can consist of one or more grout lifts. (4) High wind area is where construction activity continues when winds are expected to exceed 35 mph on a regular basis. (5) Protected area is a location at a jobsite that is not exposed to winds, such as basements and interior areas. (6) Running bond (half bond) is a bond pattern in which block are placed half way over units directly below creating a staggered look. (7) Safe location is an area at a jobsite that employees can take refuge in order to avoid hazardous conditions. (8) Stack bond is a bond pattern in which blocks are stacked directly over each other (not lapped longitudinally) creating continuous joints both vertically and horizontally. (9) Straight coil loop insert is a wall insert that loops around the structural rebar and is suitable for the attachment of braces in a structural masonry wall. Minimum size of a coil loop insert is 3/4 inch. (10) Structural rebar is rebar that extends full length or height and can be spliced per required lap. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 1-2003, f. 1-30-03 cert. ef. 4-30-03
437-003-0020 Toilets In addition to and not in lieu of any provisions in 26 CFR 1926.51(c): (1) At the site of every project with an estimated cost of $1,000,000 or more, the employer or owner of such place of employment shall provide flush toilet facilities in accordance with subparagraph (1) of 29 CFR 1926.51(c) and washing facilities which include wash basins, warm water and soap. NOTE: Section (1) of this rule does not apply to highway construction or maintenance projects or to electricity, water, sewer or gas transmission facility construction or maintenance projects. The director may, by order, exempt or partially exempt, individual or classes of construction projects from the requirements of section (1) of this rule when conditions are such that compliance is impractical or impossible. (2) Where toilet facilities will not be used by women, urinals may be provided instead of toilets, except that the number of toilets in such cases shall not be reduced to less than 2/3 of the minimum specified. (3) Toilets and toilet area shall be maintained in good repair and in a clean and sanitary condition. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 1-1994, f. & cert. ef. 4-27-96 APD 8-1989, f. & ef. 7-7-89 APD 5-1989, f. 3-31-89, ef. 5-1-89
437-003-0027 Applicable Rules Whenever any employee is exposed to noise in the workplace, the requirements of OAR chapter 437, division 2/G, 1910.95, Occupational Noise Exposure shall apply. NOTE: §1926.52 was not adopted by the Department. In Oregon, 437-003-0027 applies. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 6-1994, f. & cert. ef. 9-30-94 APD 8-1989, f. & ef. 7-7-89
437-003-0037 Acceptable Equipment Respiratory protective devices shall be approved by the National Institute for the Occupational Safety and Health (NIOSH), or acceptable to the Department of Insurance and Finance, for the specific contaminants to which the employee is exposed. NOTE: §1926.103(a)(2) was not adopted by the Department. In Oregon, OAR 437-003-0037 applies. NOTES: -1- §1926.451(u)(3) was not adopted by the Department. In Oregon, OAR 437-003-0040, applies. See §1926.104 for Oregon-Initiated Rule OAR 437-003-0040, Fall Protection. -2- Oregon Exception 1: On sloped roofs with a roof slope between 3:12 to and including 6:12, and having a ground-to-eave height not to exceed twenty-five (25) feet, 2 x 6 roofing brackets, with full bearing on a solid surface, may be used for fall protection when performing roofing and sheathing work on residential type structures. -3- Oregon Exception 2: On residential type structures with a roof slope greater than 6:12 to and including 8:12, and having a ground-to-eave height not to exceed twenty-five (25) feet, roofing brackets may be used when brackets are used in multiples and spaced every eight (8) feet vertically. All brackets shall bear on a solid surface. -4- Oregon Exception 3: When performing residential type construction work such as leading edge work, top plate work, constructing and setting walls and trusses or doing roofing and sheathing work, the fall distance to a lower level may be increased from 6 feet to 10 feet. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 8-1989, f. & ef. 7-7-89
437-003-0045 Additional Definitions The following definitions are in addition to those found in 1926.751: (1) Certification required by this section means “in writing.” NOTE: In Oregon, a competent person is considered to be someone with equivalent skills as a qualified person in identifying existing and potential hazards in the workplace, while also being authorized by the employer or employer’s representative to take immediate corrective action to control or eliminate hazards. (2) Dangerous equipment — Equipment such as pickling or galvanizing tanks, degreasing units, machinery, electrical equipment, and other units which, as a result of form or function, may be hazardous to employees who fall onto or into such equipment. (3) Lower levels — Those areas or surfaces to which an employee can fall. Such areas or surfaces include, but are not limited to, ground levels, floors, platforms, ramps, runways, excavations, pits, tanks, material, water, equipment, structures. NOTE: Oregon OSHA did not adopt the federal OSHA definition of “Opening.” In Oregon, OAR 437-003-0045(4) applies. (4) Opening means a gap or void 12 inches (30.5 cm) or more in any dimension in a floor, roof or other walking/working surface. For the purposes of this subpart, skylight and smoke domes that do not meet the strength requirements of 1926.754(e)(3) shall be regarded as openings. (5) Walking/working surface means any surface, whether horizontal or vertical on which an employee walks or works, including, but not limited to, floors, roofs, ramps, bridges, runways, formwork, beams, columns, trusses and concrete reinforcing steel but not ladders, vehicles, or trailers, on which employees must be located in order to perform their job duties. [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 6-2002, f. & cert. ef. 7-19-02 OSHA 3-2002, f. 4-15-02, cert. ef. 4-18-02 10-1-03 APD 8-1989, f. & cert. ef. 7-7-89 APD 5-1989, f. 3-31-89, cert. ef. 5-1-89
437-003-0062 Lead Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 3/D, 1926.62 Lead, to use a respirator. NOTE: This is in addition to other respiratory protection and medical suveillance requirements specified in these Lead rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-003-0065 Extension Ladders Extension ladders shall be equipped with necessary guide irons, locks, and hooks and shall be assembled so that the sliding (upper) section shall be on top of the base (lower) section. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 8-1989, f. & ef. 7-7-89 APD 5-1989, f. 3-31-89, ef. 5-1-89
437-003-0071 Manually Propelled Elevating Aerial Platforms When using manually propelled elevating aerial platforms as covered by ANSI/SIA A92.3-1990, the manufacturer’s operating manual must be with the equipment. You must follow all operating and maintenance instructions and recommendations of the manufacturer. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-1997, f. & cert. ef. 3-12-97
437-003-0073 Boom Supported Elevating Work Platforms (1) When using boom supported elevating work platforms as covered by ANSI/SIA A92.5-1992, the manufacturer’s operating manual must be with the equipment. You must follow all operating and maintenance instructions and recommendations of the manufacturer. (2) Workers must use personal fall protection that complies with Subdivision M of this division, when working in these devices. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-1997, f. & cert. ef. 3-12-97
437-003-0074 Scissor Lifts — Self-Propelled Elevating Work Platforms When using self-propelled elevating aerial platforms, scissor lifts, as covered by ANSI/SIA A92.6-1990, the manufacturer’s operating manual must be with the equipment. You must follow all operating and maintenance instructions and recommendations of the manufacturer. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-1997, f. & cert. ef. 3-12-97
437-003-0080 Wind Velocity Device (1) The employer shall provide a wind velocity device which will give a visible or audible alarm to the crane operator at a predetermined wind velocity; and (2) The employer shall ensure that: (a) The wind velocity device is compatible with the manufacturer’s crane specifications; and (b) The crane operators are fully instructed regarding the maximum permissible wind speeds during operation; and (c) The load chart contains the wind velocity operating limits. Statutory/Other Authority: ORS 643.014(1) & 646.716(2) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 6-1994, f. & cert. ef. 9-30-94 OSHA 16-1991, f. 12-18-91, cert. ef. 1-1-92
437-003-0085 General Requirement An unimpaired horizontal clearance or not less than three feet shall be maintained between the rotating superstructure of any mechanical equipment and any adjacent object or surface. If this clearance cannot be maintained, barricades shall be installed to isolate the hazardous area. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 8-1989, f. & ef. 7-7-89 APD 5-1989, f. 3-31-89, ef. 5-1-89
437-003-0090 Pinchpoints To protect against workers being exposed to the hazardous pinchpoint area between the rotating superstructure and the non-rotating undercarriage of any mechanical equipment: (1) Signs shall be conspicuously posted on all sides of any mechanical equipment warning workers: Danger — Stay Clear (2) Items of personal property, tools, or other miscellaneous materials shall not be stored on or near any mechanical equipment if retrieval of such items would expose a worker to the hazardous pinchpoint. (3) Workers shall approach the hazardous pinchpoint area only after informing the operator of his intent and receiving acknowledgement from the operator that the operator understands his intention. All mechanical equipment shall be stopped while any worker is in the hazardous pinchpoint area; and (4) When the nature of the work requires a person to work within three feet of the swing radius of the rotating upper structure, a warning barricade shall be provided. This requirement shall not apply to mechanical equipment when: (a) The distance from the highest point of the undercarriage to the lowest point of the rotating superstructure is greater than 18 inches. This applies only to that portion of the rotating superstructure that swings directly over the undercarriage; (b) The distance from the ground to the lowest point of the rotating superstructure is greater than five feet six inches. This applies only to that portion of the rotating superstructure that swings directly over the undercarriage; or (c) On crawler-type track-mounted mechanical equipment only, the rotating superstructure is positioned at a right angle to the tracks, and the distance from the side of the cab to the extreme end of the track is four feet or less. This exemption shall apply to side barricades only; barricades between the tracks at both ends of any crawler-type mechanical equipment are required regardless of the right angle dimension. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 8-1989, f. & ef. 7-7-89 APD 5-1989, f. 3-31-89, ef. 5-1-89
437-003-0094 Personnel Platforms Whenever a lift truck is used for lifting personnel without controls at the platform, the following precautions shall be taken for the protection of personnel being elevated: (1) A work platform equipped with standard guardrails or equivalent means, and firmly secured to the lifting carriage or forks, shall be used. (2) The hydraulic system shall be so designed that the lift mechanism will not drop faster than 135 feet per minute in the event of a failure in any part of the system. (3) An operator shall attend the lift equipment while workers are on the platform. (4) The operator shall be in the normal operating position while raising or lowering the platform. (5) The vehicle shall not travel from point to point with the work platform elevated at a height greater than 4 feet while workers are on the platform. When necessary at heights greater than 4 feet, inching may be permitted provided it is done at a very slow speed. (6) If workers on the platform can contact the lift chains or other dangerous pinch or shear points on the mast or carriage, the platform must have a screen or guard that prevents contact. 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
437-003-0096 Underground Installations In addition to and not in lieu of any rules relating to “underground installations” adopted in Oregon Administrative Rules, Chapter 437, the following Oregon Revised Statutes and Oregon Administrative Rules administered by the Oregon Public Utility Commission (PUC) shall apply: (1) ORS 757.541 through 757.571; and (2) OAR 952-001-0050 and 860-024-0007. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2011, f. & cert. ef. 12-8-11 OSHA 8-1990, f. 3-30-90, cert. ef. 9-1-90
437-003-0404 Branch Circuits (1) General. Use ground fault circuit interrupters specified in (2) below or an assured equipment grounding conductor program as in (3) below. These requirements are in addition to any other requirements for equipment grounding conductors. (2) All 125-volt, single-phase, 15-, 20-, and 30-ampere receptacles on construction sites, that are for temporary power and are available for use by employees, must have approved ground-fault circuit interrupters. GFI protection must be at the outlet end of the circuit. Extension cords or other devices with listed ground-fault circuit interrupter protection for personnel identified for portable are acceptable. (3) Assured equipment grounding conductor program: Receptacles more than 125-volt, single-phase, 30-amperes must have protection that complies with (2) above, or an assured equipment grounding conductor program that complies with the following: (a) A written description of the program, including the employer's specific procedures. The program must be at the job site for inspection and copying by the Administrator and any affected employee. (b) The employer must designate one or more competent persons (defined in §1926.32(f)) to implement the program. (c) Before each day's use, visually inspect each extension cord, or other device, and any equipment connected by cord and plug, for external defects, such as deformed or missing pins or insulation damage, and for signs of possible internal damage. Extension cords, devices and receptacles not exposed to damage are exempt from this inspection. Do not use damaged or defective equipment. (d) Do these tests on all extension cords, other devices and receptacles that are not part of the permanent wiring of the building or structure, and cord- and plug-connected equipment required to be grounded: (A) Test all equipment grounding conductors for continuity. (B) Test each receptacle or plug to assure the equipment grounding conductor is connected to its proper terminal. (e) Do all required tests: (A) Before first use; (B) Before first use after repair; (C) Before use after any incident that reasonably could cause damage (for example, when a cord set is run over); and (D) At intervals not longer than 3 months. Inspect fixed extension cords, other devices and receptacles not exposed to damage at least every 6 months. (f) Record all tests required in this paragraph. This test record must identify each receptacle, cord set, and cord- and plug-connected equipment that passed the test and indicate the last date of testing or the test interval. Keep this record by means of logs, color coding, or other effective means. Keep the record until replaced by a newer record. The record must be available on the job site for inspection by the Administrator and any affected employee. Statutory/Other Authority: ORS 654.025(2) & 656.726(4). Statutes/Other Implemented: ORS 654.001 - 654.295. History: OSHA 5-2002, f. 6-28-02 cert. ef. 10-1-03
437-003-0420 Traffic Control Note: 1926.201, 1926.202, and 1926.203 were repealed by Oregon OSHA. In Oregon, 437-003-0420 applies. (1) Adequate and appropriate traffic control devices, including signs, signals, markings, and other devices must be provided and used for the protection of workers for all operations on or adjacent to a highway, street, or roadway. The traffic control devices' design and use must conform to the Manual of Uniform Traffic Control Devices (MUTCD), incorporated by reference in 1926.6. (2) Signaling by flaggers and the use of flaggers, including warning garments worn by flaggers, must conform to the Manual of Uniform Traffic Control Devices (MUTCD), incorporated by reference in 1926.6. (3) The design and use of barricades for the protection of employees must conform to the Manual of Uniform Traffic Control Devices (MUTCD), incorporated by reference in 1926.6. NOTE: The MUTCD is available electronically at mutcd.fhwa.dot.gov, or printed copies are available to purchase from the American Traffic Safety Services Association, 1-800-231-3475, www.atssa.com; the Institute of Transportation Engineers, 202-785-0060, www.ite.org; or the American Association of State Highway and Transportation Officials, 1-800-231-3475, store.transportation.org. NOTE: A copy of the MUTCD is available to read in the Oregon OSHA Resource Center, 350 Winter Street NE, Salem, Oregon 97301. NOTE: Employers who follow the most current edition of the Oregon Department of Transportation’s Temporary Traffic Control Handbook are considered to be in compliance with this requirement. NOTE: 1926.201 and 1926.202 were previously repealed by Oregon OSHA. In Oregon, 437-003-0420 applies, instead. [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 3-2019, amend filed 10/29/2019, effective 10/29/2019 OSHA 2-2003, f. & cert. ef. 1-30-03 OSHA 2-1989, f. & ef. 10-17-89 APD 16-1989(Temp), f. & ef. 9-13-89 APD 8-1989, f. & ef. 7-7-89 APD 5-1989(Temp), f. 3-31-89, ef. 5-1-89