justicedao/ipfs_state_laws huggingface dataset:
437-002-0235 Additional Oregon Rule for Slings Chain Slings. When lifting with chain slings, use only alloy steel chain. Do not use proof coil or high test carbon steel. The only exception is for plating or dip work where the chemicals make alloy steel chain unsafe or otherwise unsuitable. In those cases, use chain appropriate for the work. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 12-2001, f. & cert. ef. 10-26-01 OSHA 13-1993, f. 8-20-93, cert. ef. 11-1-93 WCD 8-1979, f. 10-19-79, ef. 2-1-80 WCB 1-1978, f. 2-16-78, ef. 3-15-78 WCB 16-1976, f. 7-6-76, ef. 8-1-76 WCB 11-1974, f. 3-20-74, ef. 4-15-74
437-002-0240 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 1910.211 Definitions; published 12/3/74, FR vol. 39, pp. 41846-41848; 3/14/88, FR vol. 53, p. 8353. (2) 29 CFR 1910.212 General requirements for all machines; published 10/24/78, FR vol. 43, p. 49750. (3) 29 CFR 1910.213 Woodworking machines; published 2/10/84., FR vol. 49, p. 5323. (4) Reserved for 29 CFR 1910.214 Cooperage machinery. (5) 29 CFR 1910.215 Abrasive wheel machinery; published 3/7/96, FR vol. 61, no. 46, p. 9240. (6) 29 CFR 1910.216 Mills and calendars in the rubber and plastics industries; published 3/7/96, FR vol. 61, no. 46, p. 9240. (7) 29 CFR 1910.217 Mechanical power presses; published 11/20/13, FR vol. 78, no. 224, p. 69543. (8) 29 CFR 1910.218 Forging machines; published 3/7/96, FR vol. 61, no.46, p. 9240. (9) 29 CFR 1910.219 Mechanical power-transmission apparatus; published 6/8/04, FR vol. 69, p. 31880-31882. NOTE: 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 1-2014, f. & cert. ef. 5-14-14 OSHA 7-2012, f. & cert. ef. 12-14-12 OSHA 1-2012, f. & cert .ef. 4-10-12 OSHA 4-2004, f. & cert. ef. 9-15-04 OSHA 4-1997, f. & cert. ef. 4-2-97 APD 22-1988, f. 12-30-88, ef. 1-1-89
437-002-0242 Oregon Rules for Machinery and Machine Guarding (1) Definition of Gate or Movable Barrier: (a) Type A gate or movable barrier — Protects the operator by enclosing the point-of-operation before a press stroke can be initiated, and maintaining this closed condition until the motion of the slide has ceased; (b) Type B gate or movable barrier — Protects the operator by enclosing the point-of-operation before a press stroke can be initiated, so as to prevent an operation from reaching into the point-of-operation prior to die closure or prior to cessation of slide motion during the downward stroke. (2) Reciprocating Shear Lines. Platform hoists, scissor lifts, and other reciprocating mechanisms shall be guarded or arranged so that there are no exposed shear lines. (3) Saw Guard. Where it is possible to walk behind the saw, the saw shall be completely guarded when in its rest position. (4) Radial Saws. Radial saws shall be equipped with upper and lower guards as follows: (a) By device or devices, including jigs, work holders, guides, stops or other engineering controls which provide protection equal to that of the device described in 1910.213(h)(1); (b) A stop shall be provided to prevent the leading edge of the saw from passing the front edge of the table or roll case, or the table widened to obtain equal results. (5) Use of Gloves: (a) If gloves are used in conjunction with a pull-out device, the gloves shall be worn outside the operator’s hand attachments; (b) If gloves are used in conjunction with a holdout or restraint device, the gloves shall be worn outside the operator’s hand attachments. (6) Effective Dates: (a) Effective dates for amendments to 1910.211 and 1910.217 printed in the Federal Register, Vol. 53, No. 49, p. 8352–8365 on March 14, 1988, are 90 days after adoption of these rules; except Appendix C of 1910.217 becomes effective 30 days after the final adoption of these rules; (b) All other rules are effective upon date of adoption. [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 6-1994, f. & cert. ef. 9-30-94 OSHA 5-1990, f. & cert. ef. 2-9-90 OSHA 2-1990, f. 1-19-90, cert. ef. 3-1-90 APD 22-1988, f. 12-30-88, ef. 1-1-89
437-002-0260 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 1910.241 Definitions, published 6/27/74, Federal Register, vol. 39, p. 23502; amended 10/24/78, FR vol. 43, p. 49750. (2) 29 CFR 1910.242 Hand and portable powered tools and equipment, general, published 6/27/74, Federal Register, vol. 39, p. 23502. (3) 29 CFR 1910.243 Guarding of portable powered tools, published 6/27/74, Federal Register, vol. 39, p. 23502; amended 10/24/78, FR vol. 43, p. 49750; 2/10/84, FR vol. 49, p. 5323; 2/1/85, FR vol. 50, p. 4649; 3/7/96, FR vol. 61, no. 46, p. 9240; 9/13/05, FR vol. 70, no. 176. p. 53925; 12/14/07, FR vol. 72, no. 240, p. 71061. (4) 29 CFR 1910.244 Other portable tools and equipment, published 6/27/74, Federal Register, vol. 39, p. 23502; amended 2/10/84, FR vol. 49, p. 5323. These rules 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 7-2008, f. & cert. ef. 5-30-08 OSHA 4-2005, f. & cert. ef 12-14-05 OSHA 4-1997, f. & cert. ef. 4-2-97 OSHA 10-1993, f. 7-29-93, cert. ef. 9-15-93
437-002-0262 Additional Definitions in Oregon (1) “Angle Control” A safety feature designed to prevent a tool from operating when tilted beyond a predetermined angle. (2) “Cased Power Load” A power load with the propellant contained in a closed case. (3) “Caseless Power Load” A power load with the propellant in solid form not requiring containment. (4) “Direct-Acting Tool” A tool in which the expanding gas of the power load acts directly on the fastener to be driven. (5) “Fixture” A special shield which provides equivalent protection where the standard shield cannot be used. (6) “Head” That portion of a fastener which extends above work surface after being properly driven. (7) “Indirect-Acting Tool” A tool in which the expanding gas of the power load acts directly on a captive piston which in turn drives the fastener. (8) “Misfire” A condition in which the powder load fails to ignite after the tool has been operated. (9) “Powder-Actuated Fastening System” A method comprising the use of a powder-actuated tool, a power load, and a fastener. (10) “Powder-Actuated Tool,” also known as “Tool” A tool that utilizes the expanding gases from a power load to drive a fastener. (11) “Test Velocity” A series of deliberately free-flighted fasteners whose velocities are measured 6-1/2 feet from the muzzle end of the tool using accepted ballistic test methods. 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 WCD 23-1984, f. 12-28-84, ef. 1-1-85 WCB 1-1974, f. 1-16-74, ef. 2-15-74
437-002-0264 Additional General Requirements for Hand Tools (1) Defective tools shall be removed from service. (2) When not in use, tools shall be placed where they will not create a hazard. (3) Flexible cords with damaged insulation or defective parts shall not be used. (4) Handles of all tools shall be smooth, without sharp edges or splinters, and shall be firmly attached to the tool. Wooden handles of tools shall be of firm straight grained stock. (5) Heads of shock tools (such as hammers, sledges, and cold chisels) shall be dressed or ground as they begin to mushroom or crack. When such tools show a tendency to chip, they shall be immediately removed from service. (6) The cutting edges of tools shall be maintained in a uniformly sharp condition to eliminate the additional hazard resulting from the erratic resistance of the dulled edges. (7) Heavy leather holsters, guards, or equivalent protection shall be used for sharp-edged or sharp-pointed tools carried on the worker’s person. (8) Workers who use sharp-edged cutting tools shall use appropriate protective equipment such as gloves, aprons, and leg guards to protect against accidental cuts. (9) Hand tools provided for use in explosive or flammable atmospheres shall be of the spark-resisting type. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 1-1996, f. & cert. ef. 2-16-96 OSHA 10-1993, f. 7-29-93, cert. ef. 9-15-93 WCB 12-1974, f. 4-1-74, cert. ef. 4-30-74
437-002-0268 Oregon Rules for Hand-Powered Equipment (1) Hand Powered Equipment: (a) Each hand-powered hoist shall be equipped with an effective brake or equivalent and in addition shall be equipped with a ratchet and pawl of sufficient strength to hold the maximum load in any position; (b) Means shall be provided to prevent hand crank handles from working loose from the drive shaft. (2) Wheelbarrows, Hand Trucks, Dollies, Pallet Jacks: (a) Wheelbarrows, hand trucks, floor trucks, dollies, and pallet jacks shall be selected for the specific work to be done and shall not be loaded beyond safe capacity. Bodies and frames shall be made of metal or strong wood and rigidly constructed and braced to withstand severe handling and the loads to be carried; (b) Wheelbarrows, hand trucks, floor trucks, dollies, and pallet jacks shall be kept in good repair at all times; (c) Wheelbarrows, hand trucks, floor trucks, dollies, and pallet jacks when not in use, must be properly stored and shall not be left in such a position that they can tip, fall or roll. 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 WCB 7-1974, f. 3-19-74, cert. ef. 4-15-74 WCB 1-1974, f. 1-16-74, cert. ef. 2-15-74
437-002-0279 Additional Oregon Confined Space Requirements (1) Prior to performing welding operations inside a confined space, evaluate the space in accordance with OAR 437-002-0146, Confined Spaces: (a) When there are potential or actual hazards within the space that are not directly related to the welding process, follow the requirements of OAR 437-002-0146. (b) When the only potential or actual hazards associated with the space are directly related to the welding process, follow the requirements of paragraphs (2) through (5), below. (2) To ensure that the atmosphere remains safe for entry, continuously test the internal atmosphere of the confined space with a properly calibrated, direct-reading instrument. (a) Provide all necessary equipment at no cost to employees. (b) Ensure that all equipment is maintained and used in accordance with the instructions from the manufacturer. (c) Train all employees who use the equipment in the proper use of that equipment. (3) Document each entry. (a) This documentation must include: (A) The date of the entry. (B) The duration of the entry. (C) The location of the space. (D) The hazards of the space determined to be related to the welding process. (E) The measures taken to eliminate those hazards. (F) The identity (such as make/model) of the direct-reading instrument(s) used to test the atmosphere. (G) When applicable, any conditions that required the evacuation of the space. (H) The name, job title, contact information, and signature of the person responsible for ensuring the safe entry conditions. (b) Maintain this documentation for at least one year from the date of entry. (4) Ensure that all employees leave the space immediately if at any time during entry: (a) Monitoring indicates that atmospheric conditions are outside of the ranges that are recognized as safe; or (b) A hazardous condition is otherwise detected. (5) Control respiratory hazards. (a) Either: (A) Provide forced air ventilation; or (B) Provide and require the use of supplied air respiratory protection. (b) When forced air ventilation is relied upon, it must: (A) Be sufficient to protect employees entering the space from the respiratory hazards associated with the welding process; and, (B) Be directed to ventilate the immediate area(s) where each employee is working within the space; and, (C) Continue until all employees have left the space. Note: 29 CFR 1910.1020 Access to Employee Exposure and Medical Records requires that data -- from workplace monitoring showing employee exposure to a toxic substance or harmful physical agent -- be retained for at least thirty years as an employee exposure record. Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 11-2021, adopt filed 09/01/2021, effective 09/01/2022
437-002-0280 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 1910.251 Definitions. Repealed. Oregon OSHA Admin. Order 6-2014, f. 10/28/14, ef. 5/1/15. In Oregon, OAR 437-002-0299 applies. (2) 29 CFR 1910.252 General Requirements, published 3/26/12, FR vol. 77, no. 58, p. 17574. Amended with Oregon OSHA Administrative Order 11-2021. (3) 29 CFR 1910.253 Oxygen-Fuel Gas Welding and Cutting. Repealed. Oregon OSHA Admin. Order 6-2014, f. 10/28/14, ef. 5/1/15. In Oregon, OAR 437-002-2253 applies. (4) 29 CFR 1910.254 Arc Welding and Cutting, published 9/13/05, FR vol. 70, no. 176, p. 53925. (5) 29 CFR 1910.255 Resistance Welding, published 4/11/90, Federal Register, vol. 55, no. 70, pp. 13710-13711. These rules 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), 654.035 & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022 OSHA 6-2014, f. 10-28-14, cert. ef. 5-1-15 OSHA 5-2012, f. & cert. ef. 9-25-12 OSHA 1-2012, f. & cert .ef. 4-10-12 OSHA 2-2010, f. & cert. ef. 2-25-10 OSHA 7-2008, f. & cert. ef. 5-30-08 OSHA 4-2005, f. & cert. ef 12-14-05 OSHA 3-1998, f. & cert. ef. 7-7-98 OSHA 4-1997, f. & cert. ef. 4-2-97 OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90
437-002-0281 Manganese Note: Table OR Q-2 describes levels of respiratory protection that may be relied upon, within the duration of time indicated for the specific welding-related task, to prevent exposure to Manganese above the Permissible Exposure Limit (PEL) listed in Division 2/Z, OAR 437-002-0382, Oregon Rules for Air Contaminants. (1) The guidelines in Table OR Q-2 may be used as an alternative to air monitoring for Manganese exposure under the following conditions: (a) All respirator use must be in accordance with the Respiratory Protection Standard, 1910.134. (b) The employer must provide the respiratory protection with the Assigned Protective Factor (APF) based on the type of welding-related task and the expected duration of that task. (See descriptions of tasks in 437-002- 0299.) (c) If the duration of the task reaches the upper time limit for the APF listed, then the employer must either: (A) End the exposures for that employee for that shift, or (B) Provide respiratory protection with the higher APF listed in the Table for any additional performance of the task during the employee’s shift. (2) If, during the course of a single work shift, an employee will perform more than one task listed in Table OR Q-2, the employer must add together the anticipated duration of all tasks and provide the respiratory protection with the most protective Assigned Protective Factor for the total duration of all tasks performed. Note: EXAMPLE #1: The employer anticipates 60 minutes of “Grinding tasks related to welding” and 90 minutes of Flux Core Arc Welding (FCAW) during an employee’s work shift. Although both of these tasks, performed individually for the specified time periods would fall within the APF=10 column for respiratory protection, adding 90 + 60 minutes together = 150 total minutes. In this example the most protective Assigned Protection Factor is for FCAW, when exposures above 120 minutes would fall in the APF=25 column. Therefore, to meet the conditions for the exemption from air monitoring for Manganese, the employer would need to provide the APF=25 level of respiratory protection for the duration of both of the combined tasks. EXAMPLE #2: The employer anticipates 10 minutes of “Grinding tasks related to welding” and 30 minutes of “Hand-held torch cutting” during a work shift. Although the grinding tasks, if done alone for the specified time would be below the threshold for the APF=10 column of respiratory protection, adding 10 + 30 minutes together = 40 total minutes. The combined duration of 40 minutes places both the hand-held torch work and the grinding tasks within the APF=10 column. Therefore, to meet the conditions for the exemption from air monitoring for Manganese, the employer would need to provide the APF=10 level of respiratory protection for the duration of both of the combined tasks. [Table OR Q-2] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 11-2021, adopt filed 09/01/2021, effective 09/01/2022
437-002-0282 Job Planning and Layout (1) Before starting operations, securely block portable equipment to prevent accidental movement. (2) Equip tanks, boilers, drums and similar containers with ladders for the use of welders and other workers when required for safe access and egress. (3) Do not allow welding equipment on elevated structures unless the structure is designed and built to support all loads imposed on the structure. (4) Design, lay out and operate work areas in a manner that prevents welding hose and cable from creating a tripping hazard. Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022 OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90
437-002-0283 Additional Protective Clothing Requirements During Hot Work Activities (1) Require employees to completely cover their skin with a double layer of clothing or equivalent to prevent burns or other damage by ultraviolet light. (2) Do not allow employees to wear easily ignited, highly flammable clothing, such as is made from synthetic materials. Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022 OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90
437-002-0284 Additional Specifications for Eye and Face Protection (1) Provide and require the use of appropriate eye and face protection during all welding, cutting, and grinding tasks, in accordance with the requirements of the personal protective equipment rules at OAR 437-002-0134. (2) Provide additional eye protection from the hazard of flying particles when a lift-front-type welder’s helmet is used. Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022 OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90
437-002-0285 Additional Special Precautions Before welding or cutting on walls, floors or ceilings, inspect the hidden side to ensure that no combustible material is present. Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022 OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90
437-002-0286 Flammable Preservative Coatings (1) A competent person must test any preservative coating whose flammability is not known before welding, cutting or other hot work is started. (2) Highly flammable coatings (those coatings whose surface scrapings ignite when heat is applied) must be stripped from the area to be heated to prevent ignition. Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022 OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90
437-002-0287 Toxic Preservative Coatings (1) In confined and other enclosed spaces, preservative coatings that are toxic but not highly flammable must be removed: (a) A distance of at least 4 inches from the area of heat application; or (b) A greater distance, if that is necessary to prevent the production of toxic fumes and gases. (2) As an alternative to stripping the coating, the employer can choose to protect all affected employees by requiring the use of appropriate respiratory protection in accordance with the Respiratory Protection Standard, 1910.134. Note: Artificial cooling of the metal surrounding the heated area may be used to limit the size of the area that must be stripped. Note: “Coated Steels” are excluded from these requirements unless the manufacturer’s safety data sheet designates the product as a health hazard when heated. Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022 OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90
437-002-0288 Additional General Health Protection (1) When welding, cutting, or grinding operations are performed on or with the materials listed in Table OR Q-1, follow the protective measures indicated. These measures are not required if air monitoring samples confirm that the permissible exposure limits specified in Division 2/Z, OAR 437-002-0382, Oregon Rules for Air Contaminants are not exceeded. (2) Use effective engineering controls, including local exhaust ventilation, as the primary control measure for indoor workplaces, when feasible. (a) Use respiratory protection as a control measure when engineering controls are not feasible, or are not effective, or they are insufficient to protect employees to permissible exposure levels. (b) Follow all applicable requirements when working with materials covered by substance-specific rules. (3) Provide nearby workers with potential exposure to the air contaminants associated with the materials in Table OR Q-1 with equivalent, effective protection. [Table OR Q-1] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 11-2021, amend filed 09/01/2021, effective 09/01/2022 OSHA 5-2012, f. & cert. ef. 9-25-12 OSHA 6-1994, f. & cert. ef. 9-30-94 OSHA 232-1990, f. 9-28-90, cert. ef. 12-1-90