justicedao/ipfs_state_laws huggingface dataset:
437-002-0015 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 7/1/96, and any subsequent amendments published in the Federal Register as listed below: 29 CFR 1910.20 Access to Employee Exposure and Medical Records has been redesignated to 29 CFR 1910.1020. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1997, f. & cert. ef. 4-2-97 APD 3-1989, f. & ef. 3-1-89
437-002-0020 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 1910.21 Scope and definitions, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494. (2) 29 CFR 1910.22 General Requirements, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494. (3) 29 CFR 1910.23 Ladders, published 12/17/19, Federal Register, vol. 84, no. 242, p. 68794-68797. (4) 29 CFR 1910.24 Step bolts and manhole steps, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494. (5) 29 CFR 1910.25 Stairways, published 12/17/19, Federal Register, vol. 84, no. 242, p. 68794-68797. (6) 29 CFR 1910.26 Dockboards, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494. (7) 29 CFR 1910.27 Scaffolds and rope descent systems, published 12/17/19, Federal Register, vol. 84, no. 242, p. 68794-68797. (8) 29 CFR 1910.28 Duty to have fall protection and falling object protection, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494. (9) 29 CFR 1910.29 Fall protection systems and falling object protection – criteria and practices, published 12/17/19, Federal Register, vol. 84, no. 242, p. 68794-68797. (10) 29 CFR 1910.30 Training requirements, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494. 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(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024 OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17 OSHA 2-2013, f. 2-15-13, cert. ef. 4-1-13 OSHA 10-1999, f. & cert. ef. 9-10-99 OSHA 4-1997, f. & cert. ef. 4-2-97 APD 4-1990, f. & cert. ef. 1-23-90
437-002-0022 Additional Oregon General Requirements (1) Scope and application. This rule applies in addition to those in Division 2/D Walking-Working Surfaces. (2) Barriers. The employer must ensure: (a) Protective barriers or suitable guards are erected when covers over openings are removed or excavations made in places accessible to vehicular or pedestrian traffic. Warning lights or flares shall be displayed if work is being done at night. These protective measures shall be maintained until permanent or adequate covers or barricades are in place or the hazard removed. (b) A watchperson is stationed where temporary conditions do not permit safeguarding of employees through the use of warning signs, lights, protective barriers, or covers. (3) Plant Arrangement. The employer must ensure: (a) Provisions for safety (such as adequate work and storage space for the full needs of raw, in-process, and finished materials, and for machinery, equipment and operations) are included in plant design, layout, and operation. (b) A vertical clearance of not less than 6 1/2 feet is provided over work areas. Where it is otherwise impractical to secure adequate head room, overhead obstructions may be padded or may be indicated by means of contrasting paint, telltales, or similar means, if such means will furnish adequate protection. (c) Work platforms provided shall be of sufficient width to provide a safe working space. (4) Aisles, Passageways, Walkways, Inclines. The employer must ensure: (a) Aisles, passageways, and walkways are of adequate width for their intended or actual use, and in no event shall they be less than 22 inches wide. (b) Fixed inclined walkways are not less than 22 inches wide, inclined at no greater angle than 24 degrees, and are securely fastened at the top and bottom. (c) Moveable inclined walkways which extend to floats or floating equipment (except to vessels under Federal jurisdiction) are not less than 20 inches wide, and are secured at the upper end only with clear space provided for the lower end to adjust automatically with the heights of water. (d) An adequate antislip surface is applied to inclined walkways whenever the gradient so warrants. Adequate cleats secured at uniform intervals not to exceed 18 inches, and extending the full width of the walkway when practical, may be used for this purpose. (e) Inclines extending from floor to floor which are used instead of stairways have standard railings in accordance with the requirements in 1910.29(b). (f) In addition to the surface conditions in 1910.22(a)(3), aisles, passageways, walkways, and inclines are maintained free of holes, unevenness, or any unnecessary obstructions or debris that may create a hazard. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17 OSHA 6-1994, f. & cert. ef. 9-30-94 OSHA 4-1990, f. & cert. ef. 1-23-90
437-002-0032 Ramps and Runways (1) Scope and application. This rule applies to the safe use of ramps and runways for vehicles in addition to the rules in Division 2/D. (2) The employer must ensure ramps and runways for vehicles: (a) Have adequate width and evenness for safe operation of equipment. (b) Are provided with timber guards of not less than nominal 6-inch by 6-inch material set on nominal 3-inch blocks, or the equivalent, placed parallel to and secured to the sides of the ramp or runway. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17 OSHA 4-1990, f. & cert. ef. 1-23-90
437-002-0033 Piers and Wharves (1) Scope and application. This rule applies to piers and wharves in addition to the rules in Division 2/D. (2) The employer must ensure piers and wharves: (a) With open sides of piers and wharves, more than 4 feet above the ground or water level, have a shear or guard timber (bull rail) of not less than 6-inch by 6-inch wood material set on nominal 3-inch blocking, or material of equal strength and minimum height securely attached. (b) Except for areas where vessels’ mooring lines are handled, the open sides, more than 4 feet above the ground or water level, not used for loading or unloading purposes, shall be provided with standard guardrails in accordance with 1910.29(b) in addition to shear timbers in accordance with paragraph (2)(a) of this section. (c) Ladders or other means of access reaching from low water mark to the dock floor shall be provided for each 400 feet or portion thereof of the water side of all wharves and piers. Where portable ladders are used, a secure method of fastening them shall be provided. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17 OSHA 4-1990, f. & cert. ef. 1-23-90
437-002-0040 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 rules as printed in the Code of Federal Regulations, 29 CFR 1910, revised as of 7/1/99, and any subsequent amendments published in the Federal Register as listed below: (1) 29 CFR 1910.35 Definitions, REPEALED. In Oregon, OAR 437-002-0041 applies. (2) 29 CFR 1910.36 General Requirements, REPEALED. In Oregon, OAR 437-002-0041 applies. (3) 29 CFR 1910.37 Means of Egress — General, REPEALED. In Oregon, OAR 437-002-0041 applies. (4) 29 CFR 1910.38 Employee Emergency Plans and Fire Prevention Plans, REPEALED. In Oregon, OAR 437-002-0042 and 437-002-0043 apply. These rules are on file with Oregon Occupational Safety and Health Division, Department of Consumer and Business Services and the United States Government Printing Office. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 8-2000, f. & cert. ef. 10-10-00 OSHA 4-1997, f. & cert. ef. 4-2-97 APD 4-1990, f. & cert. ef. 1-23-90
437-002-0042 Emergency Action Plan (1) Development of An Emergency Action Plan. (a) When another Oregon OSHA standard requires an employer to develop an emergency action plan, the plan must comply with this section and cover each part of the workplace. (b) The plan must be in writing, in the work area and available to employees on request, except that an employer with 10 or fewer employees in a workplace may use a verbal plan. (2) Minimum Elements of An Emergency Action Plan. An emergency action plan must include: (a) Procedures for emergency evacuation, including type of evacuation and exit route assignments; (b) Procedures to account for all employees after evacuation; (c) Procedures for reporting a fire or other emergency; (d) Procedures to follow for emergency operation or shut down of critical equipment before evacuation; (e) Procedures to follow for rescue and medical duties; and (f) Names or job titles of employees to contact for more information about the duties of employees under the plan. (3) Employee Alarm System. There must be a properly working employee alarm system. The alarm system must use a distinctive signal for each purpose and comply with 29 CFR 1910.165. (4) Training. An employer must designate employees to assist in the safe emergency evacuation of other employees. These designated employees must receive training in emergency evacuation procedures. (5) Employee Review. An employer must review the emergency action plan with each employee covered by it: (a) When the plan is new or the employee is new to the job; (b) When the employee's responsibilities under the plan change; and (c) When the plan changes. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 12-2001, f. & cert. ef. 10-26-01 OSHA 8-2000, f. & cert. ef. 10-10-00
437-002-0043 Fire Prevention Plan (1) Development of A Fire Prevention Plan. (a) When another Oregon OSHA standard requires an employer to develop a fire prevention plan, the plan must comply with this section and cover each part of the workplace. (b) The plan must be in writing, in the work area and available to employees on request; except that an employer with 10 or fewer employees in a workplace may use a verbal plan. (2) Minimum Elements of A Fire Prevention Plan. A fire prevention plan must include: (a) A list of all major fire hazards, including proper handling and storage procedures for hazardous materials, potential ignition sources and their control, and the type of fire protection equipment necessary to control each major hazard; (b) Procedures to control accumulations of flammable and combustible waste materials; (c) Procedures for regular maintenance of safeguards on heat producing equipment to prevent accidental ignition of combustible materials; (d) Names or job titles of employees responsible for maintaining equipment to prevent or control sources of ignition or fires; and, (e) Names or job titles of those responsible for control of fuel source hazards. (3) Employee Information. The employer must: (a) Inform employees of the fire hazards in their work area; and (b) Review with each employee, when first assigned to a job, those parts of the fire prevention plan necessary for self-protection. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 12-2001, f. & cert. ef. 10-26-01 OSHA 8-2000, f. & cert. ef. 10-10-00
437-002-0060 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 1910.66 Powered Platforms for Building Maintenance, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494. (2) 29 CFR 1910.67 Vehicle-Mounted Elevating and Rotating Work Platforms, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494. (3) 29 CFR 1910.68 Manlifts, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494. These standards are on file with the Oregon Occupational Safety and Health Division, 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 2-2017, f. 5-16-17, cert. ef. 11-1-17 OSHA 1-2015, f. & cert. ef. 1-5-15 OSHA 7-2008, f. & cert. ef. 5-30-08 OSHA 4-2007, f. & cert. ef. 8-15-07 OSHA 4-1997, f. & cert. ef. 4-2-97 APD 4-1990, f. & cert. ef. 1-23-90
437-002-0080 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 1910.94 Ventilation, published 9/9/09, FR vol. 74, no. 173, pp. 46350-46361; amended with OR-OSHA Admin. Order 1-2012, f. and ef. 4/10/12. (2) 29 CFR 1910.95 Occupational Noise Exposure, published 12/12/08. FR vol. 73, no. 240, pp. 75568-75589. NOTE: 29 CFR 1910.96 Ionizing radiation, has been redesignated to 29 CFR 1910.1096. (3) 29 CFR 1910.97 Nonionizing radiation, published 6/13/13, FR vol. 78, no. 114, p. 35559. (4) 29 CFR 1910.98 Effective dates, published 6/27/74, Federal Register, vol. 39, p. 23502. (5) 29 CFR 1910.99 Sources of standards, published 3/7/96, FR vol. 61, no. 46, p. 9236. (6) 29 CFR 1910.100 Standards organization, published 3/7/96, FR vol. 61, no. 46, p. 9236. These standards are on file with the 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 7-2013, f. & cert. ef. 12-12-13 OSHA 1-2012, f. & cert .ef. 4-10-12 OSHA 2-2010, f. & cert. ef. 2-25-10 OSHA 5-2009, f. & cert. ef. 5-29-09 OSHA 7-2008, f. & cert. ef. 5-30-08 OSHA 4-2006, f. & cert. ef. 7-24-06 OSHA 3-2003, f. & cert. ef. 4-21-03 OSHA 8-1999, f. & cert. ef. 8-6-99 OSHA 3-1998, f. & cert. ef. 7-7-98 OSHA 4-1997, f. & cert. ef. 4-2-97 OSHA 4-1993, f. 4-1-93, cert. ef. 5-1-93 OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92
437-002-0095 Audiometric Testing in Oregon Audiometric tests shall be performed by a licensed or certified audiologist, otolaryngologist, or other physician, or by a technician who is certified by the Council of Accreditation in Occupational Hearing Conservation. A technician who performs audiometric tests must be responsible to an audiologist, otolaryngologist or physician. NOTES: -1- Technicians currently certified by OR-OSHA may continue to use their Oregon certificates until they expire, or until July 1, 1996, whichever occurs first. -2- In Oregon, free on-site assistance may be obtained from the Consultative Section, Oregon Occupational Safety and Health Division (OR-OSHA), Department of Consumer and Business Services, 350 Winter St NE, Salem, OR 97310. Telephone (503) 378-3272. NOTE: 1910.95(g)(3) was NOT adopted by OR-OSHA because in Oregon, only CAOH- certified technicians, audiologists, otolaryngologist or physicians may perform audiometric examinations. In Oregon, OAR 437-002-0095 applies: Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1993, f. 4-1-93, cert. ef. 5-1-93
437-002-0098 Additional Applicability In addition to, and not in lieu of 1910.1096, the rules and regulations specified in ORS 453.605 to 453.745, Control of Radiation, administered by the Department of Human Resources, Oregon Health Division, shall apply to all employees working with or near ionizing radiation sources. NOTE: §1910.1096, Ionizing Radiation, is enforced in Oregon by the Department of Human Resources, Health Division, under an Interagency Agreement with the Department of Consumer and Business Services, OR-OSHA Division. Oregon-initiated Rule 437-002-0098 also applies and is enforced by the Health Division. Copies are available from OR-OSHA and the Health Division. NOTES: -1- The following Oregon-initiated rule, OAR 437-002-0098, relates to 29 CFR 1910.96, Ionizing Radiation. -2- The provisions of OAR 437-002-0080(3) and 437-002-0098 will be enforced by the Department of Human Resources, Health Division, under an Interagency Agreement with the Department of Insurance and Finance, Occupational Safety and Health Division (OR-OSHA). Copies are available from OR-OSHA and the Health Division. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1997, f. & cert. ef. 4-2-97 OSHA 6-1994, f. & cert. ef. 9-30-94 OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92
437-002-0101 Oregon Start-Up Dates 29 CFR 1910.120, Hazardous Waste Operations and Emergency Response — Final Rules, is effective on July 14, 1990. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 12-1989, f. & ef. 7-14-89 APD 19-1988, f. & ef. 11-17-88
437-002-0119 Oregon Effective Dates (1) Information pertaining to the equipment in the process shall include material and energy balances for processes built after November 24, 1992. (2) The employer shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this standard. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. Employers shall determine and document the priority order for conducting process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process. The process hazard analysis shall be conducted as soon as possible, but not later than the following schedule: (a) No less than 25 percent of the initial process hazards analyses shall be completed by November 24, 1994; (b) No less than 50 percent of the initial process hazards analyses shall be completed by November 24, 1995; (c) No less than 75 percent of the initial process hazards analyses shall be completed by November 24, 1996; (d) All initial process hazard analyses shall be completed by November 24, 1997; (e) Process hazards analyses completed after November 24, 1987, which meet the requirements of this paragraph are acceptable as initial process hazards analyses. These process hazard analyses shall be updated and revalidated, based on their completion date. (3) In lieu of initial training for these employees already involved in operating a process on November 24, 1992, an employer may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as specified in the operating procedures. 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 OSHA 3-1993, f. & cert. ef. 2-23-93 OSHA 8-1992, f. 8-13-92, cert. ef. 11-24-92
437-002-0120 Adoption by Reference In addition to, and not in lieu of, any other health and safety 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 1910.132 General requirements. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11. In Oregon, OAR 437-002-0134 applies. (2) 29 CFR 1910.133 Eye and face protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11. In Oregon, OAR 437-002-0134 applies. (3) 29 CFR 1910.134 Respiratory protection, published 9/26/19, FR vol. 84, no. 187, p. 50739. (4) 29 CFR 1910.135 Occupational head protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11. In Oregon, OAR 437-002-0134 applies. (5) 29 CFR 1910.136 Occupational foot protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11. In Oregon, OAR 437-002-0134 applies. (6) 29 CFR 1910.137 Electrical protective equipment, published 4/11/14, FR vol. 79, no. 70, p. 20316. (7) 29 CFR 1910.138 Hand Protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11. In Oregon, OAR 437-002-0134 applies. (8) 29 CFR 1910.139 Reserved. (9) 29 CFR 1910.140 Personal fall protection, published 12/17/19, Federal Register, vol. 84, no. 242, p. 68794-68797. (10) Appendices. (a) Appendix A – References for further information (nonmandatory). (b) Appendix B – Nonmandatory compliance guidelines for hazard assessment and personal protective equipment selection; amended with OR-OSHA Admin. Order 3-2015, f. 10/9/15, ef. 1/1/16. (c) Appendix C to Subpart I of Part 1910 – Personal Fall Protection Systems Non-Mandatory Guidelines, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494. (d) Appendix D to Subpart I of Part 1910 – Test Methods and Procedures for Personal Fall Protection Systems Non-Mandatory Guidelines, published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494. These standards are available from the Oregon Occupational Safety and Health Division (OR-OSHA), 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 1-2020, amend filed 02/13/2020, effective 02/13/2020 OSHA 2-2017, f. 5-16-17, cert. ef. 11-1-17 OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16 OSHA 7-2012, f. & cert. ef. 12-14-12 OSHA 1-2012, f. & cert .ef. 4-10-12 OSHA 4-2011, f. & cert. ef. 12-8-11 OSHA 2-2010, f. & cert. ef. 2-25-10 OSHA 5-2009, f. & cert. ef. 5-29-09 OSHA 5-2008, f. 5-1-08, cert. ef. 5-15-08 OSHA 10-2006, f. & cert. ef. 11-30-06 OSHA 4-2006, f. & cert. ef. 7-24-06 OHSA 5-2004, f. & cert. ef. 11-19-04 OSHA 1-2004, f. 3-26-04, cert. ef. 7-1-04 OSHA 12-2001, f. & cert. ef. 10-26-01 OSHA 3-1998, f. & cert. ef. 7-7-98 OSHA 4-1997, f. & cert. ef. 4-2-97 OSHA 3-1997, f. & cert. ef. 3-28-97 OSHA 3-1994, f. & cert. ef. 8-1-94 OSHA 9-1993, f. 7-29-93, cert. ef. 9-15-93