justicedao/ipfs_state_laws huggingface dataset:
437-002-0139 Working Underway on Water. (1) Scope and Application: This rule applies to all employees not covered by division 3, Construction; division 4, Agriculture or division 6, Forest Practices. (2) Definitions: (a) Boat — means every description of water craft used or capable of being used as a means of transportation on the water, but does not include aircraft built to land on the water. EXAMPLE: A partial list includes: boats, rafts, barges, pontoons, dredges and floating logs. (b) Serviceable condition — means the flotation device is able to perform the function that the manufacturer intended. (c) Underway — means when a boat is not at anchor, or moored, or made fast to the shore, or aground. (3)(a) Workers in boats that are underway must wear a Coast Guard approved or equivalent, wearable personal flotation device (PFD). EXCEPTION: Workers, below deck or in enclosed parts of boats, like cabins and pilot houses need not wear the PFD but must have it at hand. (b) The PFD must be the right size for the wearer and must be in serviceable condition according to the manufacturer’s requirements and recommendations. 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 OSHA 9-1993, f. 7-29-93, cert. ef. 9-15-93
437-002-0140 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 1910.141 Sanitation, published 6/8/11, Federal Register, vol. 76, no. 110, p. 33590. (2) Reserved for 29 CFR 1910.142 Temporary labor camps. (3) 29 CFR 1910.143 Nonwater carriage disposal systems (Reserved). (4) 29 CFR 1910.144 Safety color code for marking physical hazards, published 12/14/07, FR vol. 72, no. 240, p. 71061. (5) 29 CFR 1910.145 Specifications for accident prevention signs and tags, published 6/13/13, FR vol. 78, no. 114, p. 35559. (6) 29 CFR 1910.146 Permit-required confined spaces. Repealed with Oregon OSHA AO 6-2012, f. 9/28/12, ef. 4/1/13. In Oregon, OAR 437-002-0146 applies. (7) 29 CFR 1910.147 The control of hazardous energy, (lockout/tagout); published 5/2/11, Federal Register vol. 76, no. 84, p. 24576; 7/25/11, FR vol. 76, no. 142, p. 44265. (8) 29 CFR 1910.148 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239. (9) 29 CFR 1910.149 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239. (10) 29 CFR 1910.150 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239. These federal 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 7-2013, f. & cert. ef. 12-12-13 OSHA 6-2012, f. 9-28-12, cert. ef. 4-1-13 OSHA 4-2011, f. & cert. ef. 12-8-11 OSHA 3-2011, f. & cert. ef. 11-1-11 OSHA 7-2008, f. & cert. ef. 5-30-08 OSHA 12-2001, f. & cert. ef. 10-26-01 OSHA 5-1999, f. & cert. ef. 5-26-99 OSHA 2-1999, f. & cert. ef. 4-30-99 OSHA 4-1997, f. & cert. ef. 4-2-97 OSHA 5-1994, f. & cert. ef. 9-30-94 OSHA 8-1993, f. & cert. ef. 7-1-93 OSHA 13-1992, f. 12-7-92, cert. ef. 2-1-93 OSHA 4-1991, f. 2-25-91, cert. ef. 3-15-91 OSHA 2-1990, f. 1-19-90, cert. ef. 3-1-90
437-002-0141 Additional Oregon Sanitation Requirements (1) Definitions: (a) “Potable Water” means water meeting the bacteriological and chemical quality requirements prescribed in OAR chapter 333, division 61, Public Water Systems, of the Oregon State Health Division; (b) “Sanitary” means free from agents injurious to health. (2) Expectoration. Expectorating upon the walls, floors, workplaces, or stairs of any establishment is prohibited. (3) Disposal of Waste Materials. (a) Scrap, waste material, or debris shall not be permitted to accumulate in work areas in a manner that will constitute a hazard or contribute to a hazardous condition in a place of employment. It shall be removed as required for the safety of workers. (b) Flammable waste, such as oily rags, shall be removed to a safe place, or be placed in containers designed or suitable for such use. (c) Where the operation of machines or equipment creates waste materials hazardous to workers, such machines or equipment shall be equipped with suitable collecting or removal systems, except that where the refuse is too heavy, bulky, or otherwise unsuitable to be handled by such means, provision for the temporary safe storage and regular removal of the refuse shall be made. NOTE: Water supply systems design and construction standards are contained in the Oregon Health Division rules, OAR chapter 333, division 61, Public Water Systems. (4) Toilet Facilities. Toilet facilities at permanent worksites must be reasonably accessible. (5) Washing Facilities. Handwashing facilities shall be provided in work areas where the employees are exposed to hazardous materials which will have a deleterious effect on or be absorbed through the skin if the contamination is not removed. NOTE: OR-OSHA did not adopt 1910.141(d)(3)(ii). In Oregon, OAR 437-002-0141(6) applies: (6) Shower Facilities. One shower shall be provided for each five employees of each sex, or numerical fraction thereof, who are required to shower during the same shift. (7) Ventilation/Smoking. (a) Exhaust or natural ventilation in eating facilities shall be sufficient to prevent the excessive build-up of cigarette smoke, or other atmospheric contaminants. (b) Where employees work in an enclosed space, exhaust or natural ventilation shall be sufficient to prevent the build-up of cigarette smoke or other atmospheric contaminants. 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 13-1992, f. 12-7-92, cert. ef. 2-1-93
437-002-0142 Labor Housing For temporary labor housing operated by employers covered under Divisions 2 (General Industry), 3 (Construction) and 7 (Forest Activities), the following rule applies: Division 4/J, 437-004-1120 (Agricultural Labor Housing and Related Facilities) except section (5), subsection (6)(p), and section (22). Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 315.164, 658.750, 658.755, 658.780, 658.785, 658.805, 658.810 & 658.825 History: OSHA 1-2025, amend filed 01/08/2025, effective 03/31/2025 OSHA 4-2008, f. 3-24-08, cert. ef. 5-1-08 OSHA 5-2000, f. 5-18-00, cert. ef. 6-1-00 OSHA 9-1995, f. & cert. ef. 11-29-95 OSHA 13-1992, f. 12-7-92, cert. ef. 2-1-93
437-002-0144 Additional Oregon Rules for General Environmental Controls (1) Illumination. (a) Adequate general and local lighting shall be provided for rooms, building and work areas during the time of use. (b) Factors upon which the adequacy and effectiveness of illumination shall be judged, include the following: (A) The quantity of light as specified in American National Standard ANSI All.1-1965, “American Standard Practice for Industrial Lighting.” (B) The quality of light in terms of freedom from glare, and correct direction, diffusion and distribution. (C) Freedom from shadows and extreme contrasts. (c) All skylights, side windows, lamps and other accessories which are necessary for illumination shall be kept clean, and in working order. (2) Temperature Provisions. Where processes create harmful or hazardous temperature and humidity conditions, measures shall be taken to control the conditions or to control the effect on the employee. NOTE: The following Oregon-initiated rule relates to 29 CFR 1910.147(c)(5). 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
437-002-0145 Additional Oregon Rules for Accident Prevention and Tags Warning Devices. Warning signs, danger signs, warning flags, warning lights, or similar devices shall be conspicuously posted at all locations where existing conditions not otherwise adequately guarded warrant their use. 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
437-002-0154 Individual Locks In addition to and not instead of the definition of "lockout device" in this section, the user must have the only key to each lock(s) or only the user may have the combination to each lock. NOTE: This exemption of construction, agriculture and maritime employment was not adopted in Oregon. Lockout/ tagout rules continues to apply to all Oregon employers.) NOTE: The following Oregon-initiated rule relates to 29 CFR 1910.147(c)(5): 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 2-1990, f. 1-19-90, cert. ef. 3-1-90
437-002-0170 Worker Protection Standard Oregon OSHA administers and enforces the pesticide Worker Protection Standard (WPS – 40 CFR 170) as adopted in OAR 437-004-6000. When a pesticide product with Worker Protection Standard language (“Agricultural Use Requirements”) on the product label is used on plants grown or maintained for sale or resale, such as those at retail nurseries or greenhouses, the WPS applies. Plants grown or maintained for sale or resale include but are not limited to food, feed and fiber plants; ornamental trees and shrubs; turfgrass sod; flowering plants and seedlings. This is consistent with the Environmental Protection Agency’s interpretation and application of the WPS. All parts of the WPS apply (without regard to the scope of Division 4) in addition to, and not instead of, any other part of Division 2, General Industry. Should any conflict exist between the WPS and other Division 2 rules, the employer must comply with the rule offering the most protection to workers. A full text of the Worker Protection Standard is found in Division 4, Agriculture, Subdivision W. NOTE: 437-002-0170 Worker Protection Standard does not apply when any pesticide is applied in the following circumstances: (See 437-004-6000, 170.303(b)) (1) As part of government-sponsored public pest control programs over which the owner, agricultural employer and handler employer have no control, such as mosquito abatement and Mediterranean fruit fly eradication programs. (2) On plants other than agricultural plants, which may include plants in home fruit and vegetable gardens and home greenhouses, and permanent plantings for ornamental purposes, such as plants that are in ornamental gardens, parks, public or private landscaping, lawns or other grounds that are intended only for aesthetic purposes or climatic modification. (3) For control of vertebrate pests, unless directly related to the production of an agricultural plant. (4) As attractants or repellents in traps. (5) On the harvested portions of agricultural plants or on harvested timber. (6) For research uses of unregistered pesticides. (7) On pasture and rangeland where the forage will not be harvested for hay. (8) In a manner not directly related to the production of agricultural plants, including, but not limited to structural pest control and control of vegetation in non-crop areas. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001–654.295 History: OSHA 1-2017, f. 2-14-17, cert. ef. 1-1-18 OSHA 9-2009, f. & cert. ef. 9-21-09
437-002-0180 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 1910.155 Scope, application and definitions applicable to this subpart, published 4/12/88, FR vol. 53, p. 12122. (2) 29 CFR 1910.156 Fire brigades, published 12/12/08, FR vol. 73, no. 240, pp. 75568-75589; amended with OR-OSHA Admin. Order 1-2012, f. and ef. 4/10/12. (3) 29 CFR 1910.157 Portable fire extinguishers. REPEALED with OR-OSHA Admin. Order 7-2007, f. and ef. 11/8/07. (4) 29 CFR 1910.158 Standpipe and hose systems, published 3/7/96, FR vol. 61, no. 46, p. 9239. (5) 29 CFR 1910.159 Automatic sprinkler systems, published 5/1/81, FR vol. 46, p. 24557. (6) 29 CFR 1910.160 Fixed extinguishing systems, general, published 9/12/80, FR vol. 45, p. 60711; amended with AO 12-2001, Oregon note added, f. and ef. 10/26/01. (7) 29 CFR 1910.161 Fixed extinguishing systems, dry chemical, published 9/12/80, FR vol. 45, p. 60712. (8) 29 CFR 1910.162 Fixed extinguishing systems, gaseous agent, published 5/1/81, FR vol. 46, p. 24557. (9) 29 CFR 1910.163 Fixed extinguishing systems, water spray and foam, published 9/12/80, FR vol. 45, p. 60712. (10) 29 CFR 1910.164 Fire detection systems, published 9/12/80, FR vol. 45, p. 60713; amended with AO 12-2001, Oregon note added, f. and ef. 10/26/01. (11) 29 CFR 1910.165 Employee alarm systems, published 9/12/80, FR vol. 45, p. 60713. (12) Appendix A to Subpart L — Fire protection, published 9/12/80, FR vol. 45, p. 60715; amended 5/1/81, FR vol. 46, p. 24557; amended with OR-OSHA Admin. Order 1-2012, f. and ef. 4/10/12. (13) Appendix B to Subpart L — National consensus standards, published 9/12/80, FR vol. 45, p. 60715; amended 6/30/93, FR vol. 58, no. 124, p. 35309. (14) Appendix C to Subpart L — Fire protection references for further information, published 9/12/80, FR vol. 45, p. 60715; amended 6/30/93, FR vol. 58, no. 124, p. 35309. (15) Appendix D to Subpart L — Availability of publications incorporated by reference in Section 1910.156, Fire Brigades, published 9/12/80, FR vol. 45, p. 60715; amended 6/30/93, FR vol. 58, no. 124, p. 35309; 3/7/96, FR vol. 61, no. 46, p. 9239. (16) Appendix E to Subpart L — Test methods for protective clothing, published 9/12/80, FR vol. 45, p. 60715; amended 5/1/81, FR vol. 46, p. 24557. 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 1-2012, f. & cert .ef. 4-10-12 OSHA 5-2009, f. & cert. ef. 5-29-09 OSHA 7-2007, f. & cert. ef. 11-8-07 OSHA 12-2001, f. & cert. ef. 10-26-01 OSHA 2-1999, f. & cert. ef. 4-30-99 OSHA 3-1998, f. & cert. ef. 7-7-98 OSHA 4-1997, f. & cert. ef. 4-2-97 OSHA 14-1993, f. 8-37-93, cert. ef. 11-1-93
437-002-0200 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: (1) 29 CFR 1910.166 (Reserved). (2) 29 CFR 1910.167 (Reserved). (3) 29 CFR 1910.168 (Reserved). (4) 29 CFR 1910.169 Air receivers, published 6/27/74, Federal Register, vol. 39, p. 23502; amended 2/10/84, FR vol. 49, p. 5322; 3/7/96, FR vo. 61, no. 46, p. 9239. (5) 29 CFR 1910.170 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239. (6) 29 CFR 1910.171 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239. 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 10-1993, f. 7-29-93, cert. ef. 9-15-93
437-002-0210 Additional Oregon Rules for Compressed Air and Compressed Gas Equipment (1) Air and Gas Compressors — General: (a) Workers shall not use compressed gases to clean clothing which is being worn nor shall it be intentionally directed at any other person; NOTE: Use of compressed air for cleaning work and work areas is also prohibited except under special conditions. See OAR chapter 437, division 2/P, Hand and Portable Powered Tools and Other Hand-Held Equipment. (b) Hose connections shall be securely made and maintained in safe working condition. Effective means shall be used to prevent hose from whipping. (2) Piping Systems: (a) All piping systems and their component parts which are installed to carry air, steam, or other material at more than atmospheric pressure shall be of adequate design and strength to safely withstand pressures to be placed upon them without the resulting stresses exceeding the allowable stress for the material used in their construction. The allowable stresses to be used shall be determined by referring to recognized standards for materials and design as developed by the American National Standards Institute; (b) The only non-metallic pipe acceptable for pressure line service with gaseous substances is that which is recommended and listed by its manufacturer as designed for compressed air or gas service. PVC pipe can only be used for compressed air if it is buried or encased; (c) All compressed air or gas piping systems which use plastic pipe must be “project specific”; that is, designed by a competent person to specifications suited for a particular application or project. Design and operational specifications and information must be kept with the system for as long as it is in use; (d) Only a competent person(s) may install any compressed air or gas piping system described in subsections (b) and (c) of this section. (3) High Temperature Piping: (a) All steam and other high temperature pipe lines within seven feet of the floor or work platform or passageway shall be covered with non-combustible insulating material or otherwise protected against accidental contact with persons; (b) Steam hose connections shall be securely made and maintained in safe working condition. Effective means shall be used to prevent hose from whipping. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 10-1993, f. 7-29-93, cert. ef. 9-15-93
437-002-0220 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 1910.176 Handling materials — general, published 10/24/78, FR vol. 43, p. 49749. (2) 29 CFR 1910.177 Servicing of multi-piece and single piece rim wheels; published 12/27/11, FR vol. 76, no. 248, p. 80735. (3) 29 CFR 1910.178 Powered industrial trucks, published 11/18/16, FR vol. 81, no. 223, p. 82494. (4) 29 CFR 1910.179 Overhead and gantry cranes, published 11/18/16, FR vol. 81, no. 223, p. 82494. (5) 29 CFR 1910.180 Crawler, locomotive and truck cranes, published 3/7/96, FR vol. 61, no. 46, p. 9239. (6) 29 CFR 1910.181 Derricks, published 3/7/96, FR vol. 61, no. 46, p. 9240. (7) 29 CFR 1910.182 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9240. (8) 29 CFR 1910.183 Helicopters, published 6/18/98, FR vol. 63, no. 117, p. 33467. (9) 29 CFR 1910.184 Slings, published 6/8/11, Federal Register, vol. 76, no. 110, p. 33590. (10) 29 CFR 1910.189 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9240. (11) 29 CFR 1910.190 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9240. These rules are on file at 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 1-2012, f. & cert .ef. 4-10-12 OSHA 4-2011, f. & cert. ef. 12-8-11 OSHA 3-2011, f. & cert. ef. 11-1-11 OSHA 4-2006, f. & cert. ef. 7-24-06 OSHA 7-2003, f. & cert. ef. 12-5-03 OSHA 12-2001, f. & cert. ef. 10-26-01 OSHA 6-1999, f. & cert. ef. 5-26-99 OSHA 2-1999, f. & cert. ef. 4-30-99 OSHA 4-1997, f. & cert. ef. 4-2-97 OSHA 13-1993, f. 8-20-93, cert. ef. 11-1-93
437-002-0229 Additional Oregon Rules for Overhead and Gantry Cranes (1) Definitions: (a) “Authorized Person.” An Authorized Person is one appointed or credentialled by a duly constituted administrative or regulatory authority; (b) “Competent Person.” A Competent Person is one who by knowledge, training and experience has demonstrated the ability to solve problems and perform functions relating to the subject matter and work; (c) “Reach (of a cantilever gantry or bridge crane).” The maximum horizontal distance at which the hook may be operated outside the runway measured at right angles to the runway from the center of the hook or load to the center of the runway rail nearest the hook or load; (d) “Reach (of a crane or derrick fitted with a boom).” The maximum horizontal distance the hook can be extended from the center of rotation (or if rotation is not possible) from the foot of the boom. (2) Overhead and Gantry Cranes. (a) Only competent personnel shall be permitted to operate a crane covered by OAR 437, division 2/N, 1910.179. (b) Cages of bridge cranes which are not provided with a walkway the full length of the craneway or other safe means of egress shall be provided with a knotted rope, rope ladder or equally effective means to enable the operator to reach the ground in an emergency. (c) A fire extinguisher with a minimum rating of 10BC, or equivalent, shall be maintained in the cab. (d) Rated Load Test. Prior to initial use all new, extensively repaired and altered cranes shall be tested by or under the direction of a competent person, confirming the load rating of the crane. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 13-1993, f. 8-20-93, ef. 11-1-93 WCB 11-1974, f. 3-20-74, ef. 4-15-74
437-002-0230 Additional Oregon Rule for Crawler, Locomotive and Truck Cranes (1) Definitions: (a) An “Authorized Person” is one appointed or credentialed by a duly constituted administrative or regulatory authority; (b) A “Competent Person” is one who by knowledge, training and experience has successfully demonstrated the ability to solve problems and perform functions relating to the subject matter and work. (2) Load Ratings: (a) A radius or boom angle indicator shall be provided where it is clearly visible to the operator in his or her normal operating position on cranes equipped with a movable working boom; (b) A limiting device shall be installed and maintained to prevent the hook or other end fittings from contacting the upper sheaves. (3) Booms. When sections of booms are added or removed, the full number of bolts or pins of the material and size recommended by the manufacturer, or bolts or pins furnishing equivalent strength, shall be used to secure the sections together. (4) Hydraulic Cranes. Mobile hydraulic cranes shall be constructed, maintained, and used in accordance with the standard in PCSA Standard No. 2-1968, Mobile Hydraulic Crane Standards, published by the Power Crane and Shovel Association, Milwaukee, Wisconsin. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 13-1993, f. 8-20-93, cert. ef. 11-1-93 WCB 11-1974, f. 3-20-74, ef. 4-15-74
437-002-0232 Additional Oregon Rule for Derricks Rated Load Marking. A radius indicator or boom angle indicator, compatible with the load rating chart, shall be provided where it is clearly visible to the operator in his or her normal operating position on all derricks equipped with a movable working boom. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 13-1993, f. 8-20-93, cert. ef. 11-1-93 WCB 11-1974, f. 3-20-74, ef. 4-15-74