justicedao/ipfs_state_laws huggingface dataset:
437-007-0200 Site Planning and Implementation (1) Before the start of any forest activities of more than one day duration, the employer must: (a) Conduct an onsite safety survey. (b) Hold a pre-work safety meeting with employees to discuss: (A) The emergency medical evacuation plan. (B) Site conditions and known hazards. (c) Document the pre-work safety meeting. NOTE: The pre-work safety meeting can be used to meet the monthly safety meeting requirement 437-007-0130(d). (2) Before work starts, a competent person must evaluate any danger tree(s) or snag(s) within reach of a work area to determine if it poses a hazard to personnel. If the tree(s) or snag(s) poses a hazard, it must be felled or the work arranged to minimize danger to workers. (3) Workers must be placed and their activities arranged so they are in the clear and the actions of one worker will not create a hazard for any other worker(s). 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
437-007-0205 Hazard Identification (1) The employer must ensure that identified hazards are marked with hazard identification ribbon. The hazard identification ribbon must be bright orange, at least 1 1/2 inches wide, and marked in black with "skull and crossbones" and/or the word "Danger." (2) The employer must notify employees of existing marked hazards in their work area. (3) The employer must instruct all employees in the recognition and use of hazard identification ribbon. (4) Hazard Identification ribbon must be available for employee use and carried by all cutters. (5) Hazard identification ribbon must not be used for any other purpose than identifying hazards and must be removed when the hazard is abated. 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
437-007-0210 Checking System (1) The employer must implement a checking system to account for all employees at the end of each work shift. Employees must be knowledgeable about the checking system. (2) The employer must implement a system to check the well-being of those workers whose jobs may be single employee assignments, as provided for in OAR 437-007-0215(3). The system must include: (a) The time interval between checks and the procedures to be followed if the employee cannot be contacted, including provisions for emergency medical care and treatment. (b) A specific person must be assigned for: (A) Contacting the lone employee. (B) Verifying when contacts were made. (c) The time intervals for checking the single employee’s well-being must be understood and agreed to by all parties. Intervals should reflect the hazardous nature of the work and the methods available for checking. (d) The system for checking an employee’s well-being must be reviewed at least annually, or more frequently if there is a change in work arrangements/assignments which could adversely affect an employee’s well-being, or a report that the system is not working effectively. 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
437-007-0215 Working Alone (1) The employer must not assign workers to a task or location so isolated as to be without visual, audible, or radio contact with another person who can summon or provide aid in an emergency. (2) Unless otherwise specified in division 7, in any operations where fire suppression, prescribed fire, tree climbing, power chain saw operation, yarding, loading or a combination of these duties is carried on, there must be a minimum crew of two employees who must work as a team and must be in visual or natural unassisted voice communication with one another. (3) Workers are not prohibited from working alone when performing certain jobs which by their nature may be single employee assignments, such as: mechanics, watchers, the operation of motor vehicles, self-loading log trucks, mechanized logging machines, feller bunchers, forwarders, processors, harvesters or excavator-based machines, provided the employer complies with the requirements of 437-007-0210(2), Checking System; 437-007-0775, Protective Structures for Operators; and 437-007-0220, Medical Services and First Aid. (4) Mechanics or other employees must not be assigned to work on machines by themselves when there is a probability of a fall from elevated work locations or machines. When the work is of such nature that heavy parts require moving, or there is a probability that anything heavy could fall on the person, there must be another person in the area who can render immediate assistance or emergency care. 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 OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0225 Working Near Unstable Objects and Danger Trees (1) Each day in the course of forest activities, a general inspection must be conducted of the areas to be worked that day to identify trees, logs, rootwads, rocks, chunks or other objects that may roll, slide or fall towards personnel. If any object is likely to move during work activity, it must be removed, stabilized, or the work activities modified so that the unstable objects are no longer a hazard. NOTE: Consideration must be given to rain, snow, other weather conditions, or working below felled and bucked timber that may increase the likelihood that objects may roll, slide or fall. (2) On a daily basis, a competent person must evaluate any danger tree(s) or snag(s) within reach of a work area to determine if it poses a hazard to personnel. If the tree(s) or snag(s) poses a hazard it must be fell or the work arranged to minimize danger to workers. (3) Personnel must be alert at all time for logs, trees, rootwads, rocks or other objects that could roll or slide towards them or others as a result of any work activity. (4) Trees must not be fell or bucked within a unit of standing timber prior to any cutting operation if such falling or bucking creates a hazardous condition for subsequent cutters or cutting operations. (5) During road building and maintenance operations, right-of-way log decks, rootwads, slash and rocks must be placed on stable locations so that personnel are not exposed to the hazards of working near unstable objects. 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
437-007-0230 Power Line Safeguards (1) Forest activities operations near overhead electric lines must be done in accordance with the requirements of OAR 437, Division 2/S, Electrical, §1910.333(c)(3), Selection and Use of Work Practices. (2) When any machinery is being moved or operated in the vicinity of an overhead power line, a minimum clearance of 15 feet must be maintained between the overhead power lines and all elements of the machine, including logs, trees, or other material being handled by the machine. NOTE: Any overhead power line must be considered to be an energized line until the person owning the line or the electrical utility authorities indicate that it is not energized. (3) While falling trees, the minimum distance required by this section applies when a tree could fall within 15 feet of an overhead power line. (4) The minimum distance required when cable yarding must not be reduced by line whip or breakage. (5) A person must be designated to observe clearance and give timely warning for all operations where it is difficult for the operator to maintain the required distance by visual means. (6) If work activities could encroach upon the minimum clearance required by this section, the employer or person responsible for the work to be done must promptly notify the power company in accordance with ORS 757.805, Oregon’s Overhead Line Safety Act. The responsible party and the power company must complete mutually satisfactory safety measures as required before proceeding with any work which would impair the aforesaid clearance. (7) If contact is made with a power line by a tree, rigging, machinery, or the structure supporting the overhead powerline is damaged by forest activities, the power company must be notified immediately and all employees must remain clear of the area until power company personnel advise that conditions are safe. 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 OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0235 Working Conditions Working Conditions. A competent person must determine if work activities can be safely conducted during inclement weather conditions or darkness. When weather conditions or darkness pose a hazard to workers, the activity must be discontinued until the work is arranged to mitigate the hazard. NOTE: This rule does not prohibit logging or wildland fire suppression activities at night, but it requires an assessment of conditions so work can be done safely. 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 OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0240 Night Logging (1) Where work is conducted during the hours of darkness, the work area must be provided with illumination which will allow employees to safely perform their duties. The sources of illumination must be located and directed so as to create a minimum of shadows and glare. (2) Where it is not practical to provide illumination for the work area, other means, such as local sources of illumination or headlamps, must be used by all personnel. (3) If using a portable tailhold, lights must be directed on the equipment to permit the employee to visually ascertain that the tailhold equipment remains stabilized. (4) Personnel working at night must wear reflective stripes at least 1-inch wide visible from all directions on upper body cover or hard hats. 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
437-007-0245 Field Sanitation For Reforestation Activities (1) Toilet and hand washing facilities must be provided by the employer when it is feasible for employees to use them. (2) Where it is not feasible to use toilet and hand washing facilities, the employer must provide, at no cost to employees, suitable substitutes such as sanitary kits. NOTE: Sanitary kits would include moist towelettes and hand towels for hand washing. (3) The employer must provide, at no cost to employees, potable water and the means to carry it. 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
437-007-0300 General Requirements (1) Personal protective equipment, including any personal protective equipment provided by an employee, must be maintained in a safe and effective condition, or removed from service or use. (2) Personal protective equipment must be inspected before initial use during each workshift. (3) Defective or damaged personal protective equipment must be repaired or replaced before it is put into service. (4) When the employer is required to provide personal protective equipment, it must be at no cost to the employee, unless a specific exception is noted. 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
437-007-0305 Head Protection (1) Where there is potential for head injury from falling or flying objects, the employer must provide and require the use of head protection (hard hats) that comply with any of the following consensus standards: (a) ANSI Z89.1-2003, “American National Standard for Industrial Head Protection;” (b) ANSI Z89.1-1997, “American National Standard for Industrial Head Protection;” or (c) ANSI Z89.1-1986, “American National Standard for Personnel Protection — Protective Headwear for Industrial Workers — Requirements.” NOTE: The Oregon OSHA Resource Center has copies for public review at 350 Winter Street NE, Salem OR 97309-0405. EXCEPTION: Employees working in or under a vehicle cab or canopy are excluded from wearing a hard hat while in, or under, a vehicle. (2) The employer must replace, at no cost to the employee, head protection (hard hat) that is no longer serviceable because of reasonable wear and tear. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2010, f. & cert. ef. 2-25-10 OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0310 High-Visibility Color All employees exposed to the potential hazard of moving lines, falling timber, logs, vehicles, machines and other moving equipment or materials must wear upper body cover and/or hard hats of a high-visibility color, that contrasts with the background color(s). 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
437-007-0315 Eye and Face Protection Where chips, sawdust or flying particles present a hazard, the employer must provide and require personnel to wear eye and face protection meeting the requirement of Division 2/I. NOTE: Logger-type mesh screen may be used for chain saw operators. 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
437-007-0320 Hand Protection The employer must provide and require employees to use hand protection: (1) Such as cotton gloves or other suitable hand protection whenever employees handle lines, rough material or when the nature of the work requires protection for the hands. (2) When the employees’ hands are exposed to hazards such as those from skin absorption of harmful substances, chemical and thermal burns. 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
437-007-0325 Leg Protection The employer must provide and require each employee who operates a chain saw to wear flexible ballistic nylon pads, chaps or other equivalent protection in a manner that protects their legs from the top of the thigh to the top of the boot from contact with the moving saw chain. EXCEPTION: This does not apply to an employee working aloft in trees when supported by climbing spurs and climbing belt. 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
437-007-0330 Foot Protection (1) All personnel must wear foot protection, such as heavy-duty boots, that: (a) Are waterproof or water-repellant where wet conditions exist. (b) Cover and support the ankle. NOTE: The employer is not required to provide logging boots for employees. The cost of logging boots may be borne by employees. The employer must assure, however, that logging boots, as well as all PPE provided by the employer, are worn by employees and are in serviceable condition and meet the requirements of Subdivision 7/D. (2) Personnel who operate chain saws must wear cut resistant foot protection that will protect against contact with running saw chains. (3) Personnel whose duties require them to walk on trees, logs or boomsticks, must wear sharp caulked boots, or the equivalent. (4) When conditions such as ice, snow, mud, rocky terrain, etc., render caulks ineffective, heavy duty slip-resistant type work boots that provide ankle support must be worn. (5) When nonslip-type shoes or boots afford a greater degree of employee protection than caulk shoes, such as at scaling stations, log sorting yards, etc., then this type footwear may be worn in lieu of caulk shoes providing firm ankle support and secure footing are maintained. 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
437-007-0335 Hearing Protection (1) Personnel must be protected from the effects of noise exposures in accordance with OAR chapter 437, division 2/G, Occupational Health and Environmental Control. (2) Personnel must wear hearing protection unless monitored under typical work conditions and found to be exposed to a noise level of less than an 8-hour time-weighted average (TWA) of 85 db when: (a) Operating chain saws, other noise producing equipment, or machines. (b) Working on landings. 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
437-007-0340 Personal Floatation Devices When working on or over water, personnel must be provided with and must wear approved buoyant protective equipment as required by Division 2/I, OAR 437-002-0139. 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
437-007-0345 Respiratory Protection (1) When employees are exposed to air contaminants that exceed applicable permissible exposure limits (PEL) as required by Division 2/Z, OAR 437-002-0382, Oregon Rules for Air Contaminants, the employer must provide and enforce the use of respiratory protective equipment as required in Division 2/I, §1910.134. (2) Employees must be provided protection from dust when exposed to total dust levels of 10 milligrams per cubic meter of air per 8-hour time-weighted average (TWA). (3) If respirators are used for protection from dust, created by the operation of machines, the employer must follow the requirements of Division 2/I, §1910.134, or the requirements of 437-007-0350. 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
437-007-0400 Hand and Portable Power-Driven Tools (1) The employer is responsible for the safe condition of hand and portable power tools used in forest activities regardless of tool ownership. (2) All safety devices and controls must be in place and function properly. (3) The employer must require personnel to: (a) Inspect each tool before use to assure its safe condition. (b) Report any unsafe tool condition to the employer. (c) Remove or repair tools if the condition affects the safe operation. (4) If a slick or slippery axe or hammer handle cannot be firmly gripped, the tool must not be used. (5) Tools must be: (a) Appropriate for their use. (b) Used in a safe manner. (6) Wooden handles must be sound, straight-grained and tight-fitting. (7) Heads of shock or impact-driven and driving tools must be dressed or ground to remove any mushrooming. (8) When the heads of shock or impact-driven tools show a tendency to chip, they must be removed from service. (9) Cutting edges of tools must be sharp and properly shaped. (10) When tools are not being used, they must be stored in a location where they will not create a hazard. (11) Racks, boxes, holsters, barriers or equivalent means must be provided and used so the passengers and/or driver will not be endangered by tools, equipment or materials being transported, loaded or removed. 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
437-007-0405 Chain Saws (1) Chain saws must be inspected before use. (2) Chain saws must not be used if they have cracked or loose handle bars or defective vital parts. (3) Chain saws must be operated and adjusted in accordance with the manufacturer's instructions. (4) Chain saws must not be fueled with the engine running. (5) Chain saws must be fueled at least 10 feet (3 m) from open flames or other source of ignition. (6) Chain saws must not be started within 10 feet (3 m) of the fueling area. (7) Chain saws must have an operable chain brake, if originally designed and equipped with a chain brake. (8) Chain brakes and other manufacturer's safety features must be operational at all times. (9) Chain saws must be equipped with an automatic throttle control which will return the engine to idling speed upon release of the throttle. NOTE: "Idling" is when the chain is not moving while the engine is running. (10) Each chain saw must meet all applicable requirements of American National Standard, ANSI B175.1-1991, Safety Requirements for Gasoline-Powered Chain Saws, except where exempt by these rules. (11) Chain saws must be started on the ground if they are not otherwise firmly supported. NOTE: This does not apply to personnel working aloft in trees when supported by climbing spurs and climbing belt. (12) Chain brakes must be engaged when feasible, while chain saws are being started, unless the manufacturer recommends otherwise. (13) Chain saw operators must be certain of footing before starting to cut. (14) Chain saws must be held with the thumbs and fingers of both hands encircling the handles during operation unless the employer demonstrates that a greater hazard is posed by keeping both hands on the chain saw in that particular situation. (15) Personnel must not use a chain saw: (a) To cut directly overhead in a manner that would cause limbs, chunks of bark or pieces of wood to fall on the operator. (b) At a distance that would require them to relinquish a safe grip on the saw. (c) In a position or at a distance that could cause them to: (A) Become off balance, or (B) Have insecure footing. (16) Chain saws must be carried in a manner that will not create a hazard for the operator. (17) Where terrain or brush creates a hazardous condition, the chain saw engine must be shut off while the operator is walking. (18) The chain saw must be shut down or the chain brake must be engaged whenever a saw is carried farther than 50 feet. 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
437-007-0410 Fire Extinguishers (1) Portable fire extinguisher use, training and maintenance must be in accordance with OAR chapter 437, division 2, subdivision L, Fire Protection. (2) Fire extinguishers or protection systems must be of a type approved by a nationally recognized testing laboratory (NRTL) (see OAR 437, division 2/A, §1910.7, for definition of NRTL). (3) There must be an approved fire extinguisher with a minimum rating of 1A:10BC (or equivalent) on each vehicle and machine, or the area where the vehicles and machines are operated. (4) After July 1, 2007, fire extinguishers provided on each vehicle and machine must be 2A:10BC or provide equivalent protection. (5) Fire extinguishers must be fully charged and maintained in operable condition. (6) Portable extinguishers must be visually inspected monthly. (7) Portable extinguishers must have an annual maintenance check. NOTE: Stored pressure extinguishers do not require an internal examination. (8) The annual maintenance check date must be recorded and this record must be retained for one year. (9) Each motor vehicle used for transporting explosive materials must be equipped with fire extinguishers as follows: (a) Vehicle less than 14,000 pounds must have at least two extinguishers having a combined capacity of 4A:20BC. (b) Vehicle 14,000 pounds or greater and tractor/semi-trailer units must have at least two extinguishers having a combined capacity of 4A:70BC. 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