justicedao/ipfs_state_laws huggingface dataset:
437-001-0053 Preserving Physical Evidence at the Scene of an Accident (1) Employers, their representatives, or others shall not disturb the scene of a fatality or catastrophe other than to conduct the rescue of injured persons or mitigate an imminent danger until authorized by the Administrator (or designee), or directed by a recognized law enforcement agency. (2) In order to preserve physical evidence at the scene of a fatality or catastrophe, the Administrator is authorized to limit the number of employer representatives or employee representatives accompanying the compliance officer during the documentation of the scene. The employer representative and employee representative must be provided an opportunity to document the scene prior to disturbance or removal of physical evidence. (3) If an employer, their representative, or others disturb the scene of a fatality or catastrophe other than to conduct the rescue of injured person(s) or mitigate an imminent danger before authorized by the Administrator or directed by a recognized law enforcement agency, a minimum penalty of $200 may be assessed. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 7-1999, f. & cert. ef. 7-15-99 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92
437-001-0055 Priority of Inspections Inspections will be prioritized to predominantly focus enforcement activities on places of employment reasonably believed to be the most unsafe. Inspections should generally be made according to the following priorities: (1) Imminent danger — An inspection should be made as soon as possible after the Division becomes aware of the condition, practice, or act that could reasonably be expected to immediately cause death or serious physical harm. (2) Fatality, catastrophe, or accident — An inspection, if appropriate, should be made as soon as possible after the Division becomes aware of a fatality, catastrophe, or accident. (3) Complaint — An inspection may be initiated when the Division receives a complaint, based on the nature and credibility of the allegations. (4) Referral — An inspection may be made if safety or health violations were observed and referred by a Division employee; federal, state, or local government representative; or the media, based on the nature and credibility of the allegations. (5) Programmed Inspections for Cause – An inspection may be made by following the provisions in OAR 437-001-0057(8). (6) Programmed Inspections — An inspection may be made by following the provisions in OAR 437-001-0057. (7) Follow-up — An inspection may be initiated when one or more of the following exists: (a) The employer requests removal of a red warning notice. (b) A variance request has been denied. (c) An extension of time has been denied. (d) The Division believes the employer may not be in compliance with a previously cited violation, or needs monitoring as they progress towards correction of a violation. (e) The employer is issued an order to correct for one or more violations that if cited could be considered serious. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.326, 654.412 - 654.423 & 654.991 History: OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024 OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 10-2009, f. & cert. ef. 10-5-09 OSHA 4-2000, f. 4-14-00, cert. ef. 4-15-00 OSHA 11-1999(Temp), f. & cert. ef. 10-20-99 thru 4-14-00 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78
437-001-0060 Advance Notice (1) No person shall give advance notice of an inspection without authority of the Director, the Administrator, or designee, subject to penalties as prescribed in ORS 654.991(2). (2) If the Director, the Administrator, or designee approves a request for advance notice of an inspection: (a) The notice shall not be given more than 24 hours in advance; and (b) When advance notice is given to the employer, and if required by the Director, the Administrator, or designee, either at the time advance notice is given or any time thereafter, the employer must notify the employee representative without delay of the proposed inspection, or in the absence of an employee representative, immediately post a notice, provided to the employer by Oregon OSHA, in a sufficient number of locations in the place of employment to reasonably inform employees of the planned inspection. Failure to provide such notice when directed by the Director, the Administrator, or designee may result in a penalty as outlined in OAR 437-001-0176. (3) It will not be considered advance notice to advise a federal or state agency that is not the subject of the inspection of a proposed inspection in order to avoid duplicate inspections or to facilitate enforcement. (4) Any person who gives advance notice of any safety or health inspection without authority from the Director, the Administrator, or designee shall be punished, upon conviction, by being assessed a penalty not to exceed $1,000 or be imprisoned for not more than six months, or both, as prescribed in ORS 654.991(2). Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021 OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, cert. ef. 1-1-88 WCD 6-1982, f. 6-28-82, cert. ef. 8-1-82 WCD 4-1981, f. 5-22-81, cert. ef. 7-1-81 WCD 5-1978, f. 6-22-78, cert. ef. 8-15-78 WCB 19-1974, f. 6-5-7-4, cert. ef. 7-1-74
437-001-0065 Right of Entry (1) A Compliance Officer has the right to enter and inspect any place of employment during working hours or at other reasonable times, within reasonable limits, and in a reasonable manner. (2) Right of Entry. A compliance officer is authorized to document an accident scene reported pursuant to OAR 437-001-0704 prior to an opening conference when it is likely that the accident scene cannot be preserved and after a reasonable attempt is made to contact an employer or employer representative. (3) A Compliance Officer shall present his/her credentials to an employer or employer's representative to establish the Compliance Officer's right of entry. (4) The Compliance Officer shall not sign any form of liability release or agree to waive any rights of the Department. (5) The Compliance Officer shall have the right to enter and inspect any place of employment accompanied or assisted by outside engineers or specialists who have signed confidentiality agreements, agreeing to protect the inspected parties’ trade secrets. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 7-2002, f. & cert. ef. 11-15-02 OSHA 7-1999, f. & cert. ef. 7-15-99 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0070 Inspection Warrants If a Compliance Officer is denied entry, Oregon OSHA may institute action to obtain an inspection warrant, as provided for in ORS 654.202 to 654.216. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0075 Opening Conference (1) The Compliance Officer shall, if possible, conduct a joint opening conference with the employer or a representative, and a representative of the employees, if any, and shall: (a) Present credentials as a means of identification; (b) Explain the purpose, nature and intended scope of the inspection; (c) Request the records which need to be examined; (d) Obtain the name of the employer representative, if any, and give that person the opportunity to accompany the Compliance Officer on the inspection; (e) Obtain the name of the employee representative, if any, and give that person the opportunity to accompany the Compliance Officer on the inspection; (f) Explain that employee participation may be accomplished through random interviews; (g) Determine if there are trade secrets to be protected; (h) Inform the employer that sampling may be done and photographs may be taken; (i) Explain that past and present efforts will be evaluated to determine good faith penalty adjustments. (j) Determine what personal protective equipment is required in the place of employment and arrange to have and use such equipment; and (k) Explain that a closing conference will be held with both the employer or a representative, and a representative of the employees, if any. (2) Where the Compliance Officer decides it is not practical to hold a joint conference, separate conferences shall be held for the employer or a representative, and a representative of the employees, if any. Notes shall be taken by the Compliance Officer during the separate conferences; these will be available upon request. (3) Where separate conferences are necessary, the Compliance Officer shall determine if their conduct will delay observation or evaluation of workplace safety or health hazards. In such cases, the conferences shall be brief and, if appropriate, reconvened after the Compliance Officer’s inspection of the place of employment. (4) Where the holding of an opening conference will prevent timely evaluation of the workplace, it may be abbreviated to a simple introduction and identification of the Compliance Officer. The remainder of the opening conference will be covered as soon as possible. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0080 Inspection Without Employer or Employer Representative (1) An Compliance Officer may make an inspection without an opening or closing conference if the employer or employer representative is absent or declines to participate. (2) If the employer, employer representative, or employee representative is absent from the place of employment, following the inspection the Compliance Officer shall make at least one attempt on each of two different days to advise the employer, employer representative, or employee representative concerning the inspection. (3) No inspection will be made if neither the employer, employer representative, nor employees are present at the place of employment, except when executing an inspection warrant as provided in ORS 654.216(2) or when posting a Red Warning Notice as provided for in ORS 654.082. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 8-1974, f. 8-5-75, ef. 9-1-75 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0085 Employee Representation on Inspection Team (1) An employee representative has the right to accompany an Compliance Officer during an inspection of the place of employment. (2) If there is no employee representative during an inspection, the Compliance Officer shall interview, if practicable, a reasonable number of employees about safety and health in the place of employment. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0090 Inspection Procedures During an inspection an Compliance Officer is authorized to: (1) Inspect without unreasonably disrupting operations in a place of employment all required records, conditions, structures, machines, materials, and methods for compliance with statutes, regulations, rules, standards, and orders, and identify and document hazards; (2) Photograph or take video of unsafe acts, practices, procedures, or physical hazards; (3) Take environmental and personal exposure samples; (4) Allow a different employer representative or employee representative to accompany the Compliance Officer during separate phases of the inspection if this will facilitate the inspection; (5) Resolve all disputes as to who is the representative authorized by the employees to accompany the Compliance Officer on the inspection. (6) Deny the right to participate to any person whose conduct interferes with a fair and orderly inspection; (7) Inform the employer representative and employee representative of any apparent violations and hazards; (8) Collect information, including but not limited to, information obtained for the purpose of classifying any apparent violations as minimal, other than serious, or serious and for the purpose of calculating penalty assessment; (9) Interview privately a reasonable number of employees about safety and health in the place of employment, taking notes and audio recordings of such interviews as appropriate; (10) Receive information in confidence from an employee or employee representative; and (11) Stop the inspection if a situation involving imminent danger is observed, request the employer or the employer representative to advise affected employee and correct the imminent danger, and post a Red Warning Notice according to OAR 436-046-0096, if the employer or the employer representative refuses to protect the employees from the imminent danger. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 8-1975, f. 8-5-75, ef. 9-1-75 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0096 Red Warning Notice (1) The Red Warning Notice shall be authorized by either the Director, the Administrator, or designee. For purposes of this rule, a Camp Closure Notice is a Red Warning Notice. (2) When action is necessary to preclude or eliminate exposure of employees to a condition which, if such exposure occurred or continued, would constitute a violation of any statute or of any lawful regulation, rule, standard, or order affecting employee safety or health at a place of employment, a Red Warning Notice authorized under subsection (1) will be posted. The notice will be posted in plain view of any person likely to use the place of employment, machine, device, apparatus, or equipment that constitutes the hazard. (3) Any place of employment, machine, device, apparatus, or equipment on which a Red Warning Notice has been posted must not be operated or used by any person until: (a) The condition has been made safe and healthful; and (b) The Red Warning Notice has been removed by Oregon OSHA; however, (c) Nothing in this section prohibits an employer from using any place of employment, or operating any machine, device, apparatus, or equipment, exclusively for the purpose of remedying the violation, pursuant to the instructions on the Red Warning Notice. (4) No person shall deface or destroy a Red Warning Notice or remove it without authorization from Oregon OSHA. (5) The Red Warning Notice will be removed after: (a) Notification from the employer that the condition has been corrected; and (b) A follow-up inspection or other information confirms that the condition has been corrected. Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021 OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 6-2003, f. & cert. ef. 11-26-03 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0099 Closing Conference (1) The compliance officer shall, if practicable, conduct a joint closing conference with the employer or a representative, and a representative of the employees, if any, and shall advise these representatives: (a) Of any violation(s) as a result of the inspection and of any hazards which at this time may not be a violation; (b) Of the right to present any pertinent information regarding the violation(s); (c) That a citation shall be issued for all other than serious or serious violations even if the violations were corrected at the time of the inspection; (d) That penalties may be imposed for other than serious violations and shall be imposed for serious violations; (e) That a reasonable time for correction of each alleged violation shall be proposed; (f) That further correspondence separate from the citation regarding the inspection will be received detailing the nonviolation hazards observed during the inspection; (g) Of all posting requirements contained in OAR 437-001-0275 and 437-001-0280; (h) That if the employer fails to correct any violation by the date indicated on the citation, additional penalties may be imposed for each day the violation(s) remains uncorrected (see OAR 437-001-0235); (i) Of employee protection against discrimination (See OAR 437-001-0295); (j) Of appeal rights contained in ORS 654.078 and OAR 438-085-0006 to 438-085-0870; (k) Of rights to an informal conference (see OAR 437-001-0255); (l) Of extension procedures (see OAR 437-001-0240); (m) Of consultative services available through the Department and workers’ compensation insurance carriers (see OAR 437-001-0450 through 437-001-0465); (n) Of variance procedures (see OAR 437-001-0400 through 437-001-0435); (o) Of the possibility of subsequent inspections, including those inspections triggered under Programmed Inspections for Cause OAR 437-001-0057(8)(a) through (b); (p) That if any safety or health condition was encountered which was beyond the expertise of the compliance officer, that condition will be considered a referral and may be addressed by another representative of Oregon OSHA; and (q) Of the availability of return visits by the compliance officer to assist the employer in obtaining compliance. (2) Where the compliance officer decides it is not practical to hold a joint conference, separate conferences shall be held for the employer or a representative and for a representative of the employees, if any. Notes shall be taken by the compliance officer during the separate conferences; these will be available upon request. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2023, amend filed 11/22/2023, effective 01/01/2024 OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 APD 7-1988, f. 6-17-88, ef. 7-1-74 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0135 Evaluation of Probability to Establish Penalties (1) The probability of an accident that could result in an injury or illness from a violation will be determined by the Compliance Officer and will be expressed as a probability rating. (2) The factors to be considered in determining a probability rating may include, as applicable: (a) The number of employees exposed; (b) The frequency and duration of exposure; (c) The proximity of employees to the point of danger; (d) Factors that require work under stress; (e) Lack of proper training and supervision or improper workplace design; or (f) Other factors that may significantly affect the probability of an accident occurring. (3) The probability rating is: (a) Low – If the factors considered indicate that the likelihood an accident could occur is lower than typical; (b) Medium – If the factors considered indicate that the likelihood an accident could occur is typical; or (c) High – If the factors considered indicate that the likelihood an accident could occur is higher than typical. (4) The probability rating may be adjusted on the basis of any other relevant facts that would affect the likelihood of injury or illness. Statutory/Other Authority: ORS 654.025(2), 654.035 & 656.726(4) Statutes/Other Implemented: ORS 654.001 through 654.295 History: OSHA 13-2021, amend filed 11/01/2021, effective 12/01/2021 OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018 Reverted to APD 7-1988, f. 6-17-88, ef. 7-1-74 OSHA 25-1990(Temp), f. & cert. ef. 10-31-90 OSHA 16-1990(Temp), f. & cert. ef. 7-26-90 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 8-1975, f. 8-5-75, ef. 9-1-75 WCB 19-1974, f. 6-5-74, ef. 7-1-74 APD 7-1988, f. 6-17-88, ef. 7-1-74
437-001-0140 Evaluation of Severity to Establish Penalties (1) A severity rating for each violation shall be determined by the Compliance Officer on the basis of the degree of injury or illness that is reasonably predictable. If more than one injury or illness is reasonably predictable, the Compliance Officer will determine the severity based upon the most severe injury or illness. Severity ratings will be selected from the following schedule: (a) Other than Serious — Conditions that could cause injury or illness to employees but would not include serious physical harm; (b) Serious Physical Harm; or (c) Death. (2) The severity rating may be adjusted on the basis of any other relevant facts that would affect the severity of the possible injury or illness. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 8-2017, amend filed 12/22/2017, effective 01/01/2018 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 Reverted to APD 7-1988, f. 6-17-88, ef. 7-1-74 OSHA 25-1990(Temp), f. & cert. ef. 10-31-90 OSHA 18-1990(Temp), f. & cert. ef. 8-15-90 OSHA 16-1990(Temp), f. & cert. ef. 7-26-90 APD 6-1987, f. 12-23-87, ef. 1-1-88 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78 WCB 8-1975, f. 8-5-75, ef. 9-1-75 APD 7-1988, f. 6-17-88, ef. 7-1-74 WCB 19-1974, f. 6-5-74, ef. 7-1-74