justicedao/ipfs_state_laws huggingface dataset:
437-001-0240 Extension of Correction Date — Application (1) An employer may apply for an extension of the date for correcting a violation. (2) An application for extension of correction date shall be in writing to Oregon OSHA, 350 Winter St. NE, Salem, Oregon 97301, or received by any office of the Department. (3) The application for extension must include: (a) The name and address of the employer; (b) The location of the place of employment; (c) The citation number; (d) The item number of the violation for which the extension is sought; (e) The reason for the request; (f) Any interim steps being taken to safeguard employees against the cited hazard during the requested extended correction period; (g) The date by which the employer proposes to complete the correction; and (h) A statement that a copy of the request for extension has been posted as required by OAR 437-001-0275(2) or for at least 10 days, whichever is longer, and, if appropriate, served on the authorized representative of affected employees, and certification of the date upon which such posting or service was made. (i) Any employee who feels a posted request for an extension is unjust may contact the Administrator for a review of the matter. (4) The application shall be postmarked or received by the Department no later than the correction date of the violation for which the extension is requested. For good cause, the Administrator may approve exceptions to this rule. 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 10-2007, f. 12-3-07, cert. ef. 1-1-08 APD 7-1988, f. 6-17-88, ef. 7-1-74 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
437-001-0245 Extension of Correction Date — Decision (1) A request for extension of the correction date shall be granted or denied on the basis of information in the application, information from employees, and any other relevant information. (2) If the request for extension is granted, a notice of extension of correction date shall be sent to the employer. The notice shall: (a) Include notice of the right of affected employees or their representative to appeal the extension; and (b) Be posted for employee’s information until the violation is corrected. (3) If the request for extension is denied, the Administrator shall, with reasonable promptness, inform the employer in writing of the reasons for such denial, and of the employees’ and employer’s rights to appeal the Administrator’s decision. 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 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
437-001-0250 Extension of Correction Date — Revocation The Administrator may, for good cause, revoke an extension of correction date. 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 WCD 4-1981, f. 5-22-81, ef. 7-1-81 WCD 5-1978, f. 6-22-78, ef. 8-15-78
437-001-0251 Extension of Correction Date — Hearing on the Application Affected employees or the employee representative shall be given the opportunity to request a hearing on an application for an extension of the correction date: (1) Requests for hearings shall be made in the following manner: (a) The request shall be made within ten (10) days of posting the application; (b) A request shall be made to the Administrator and shall contain: (A) A concise statement of facts showing how the employee(s) would be affected by the extension of correction date; (B) A statement opposing the extension of the correction date and a concise summary of the evidence supporting the opposition; and (C) Any views or arguments on any issue of fact or law presented. (2) Notice of hearing shall be given by the Administrator to affected persons and shall contain: (a) Time, place, and nature of hearing; (b) Legal authority under which the hearing will be held; and (c) The issues to be discussed. (3) The hearing shall be conducted by the Administrator in a manner which will allow all affected persons to submit information on the application. (4) At any hearing conducted to determine the merits of an extension request, the person requesting the extension of compliance time shall have the burden of proof regarding the request. (5) The Administrator shall evaluate all information submitted at the hearing and make a determination on the merits of the application. 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 WCD 3-1983, f. 1-31-83, ef. 2-1-83 WCD 6-1982, f. 6-28-82, ef. 8-1-82
437-001-0255 Requesting an Appeal and an Informal Conference (1) In order to appeal a citation, a written request for appeal must be filed with the Department of Consumer and Business Services and must be directed to Oregon OSHA at 350 Winter St. NE, Room 300, Salem, Oregon 97301, or with any permanently staffed office of the Workers’ Compensation Board or Oregon OSHA. The appeal must be filed within 30 days of receiving a citation, notice, or order, if the employer intends to contest any proposed assessment of civil penalty, the time fixed for correction of a violation, or the violative condition cited. The request must clearly state the item(s) to be contested. An employee appeal of the time fixed for correction of a violation must also be filed within 30 days of the employer’s receipt of the citation, notice, or order. (2) An informal conference may be requested by either the employer or employee and used to discuss informally with Oregon OSHA, any matter affecting occupational safety and health in the place of employment including, but not limited to: (a) Clarify statements of observed violations; (b) Discuss safety and health requirements; (c) Discuss abatement dates; (d) Explain the penalty system; (e) Improve employer/employee understanding of the Oregon Safe Employment Act; (f) Correct errors; (g) Narrow issues, or (h) Negotiate a settlement agreement with an employer to resolve disputed citations that have not become a final order. Notwithstanding any other rule in this division, proposed civil penalties may be reduced as part of a settlement agreement resolving disputed claims. (3) A request for an informal conference alone will not be considered as an appeal to the Workers’ Compensation Board (although the same document may both request an informal conference and serve notice of an appeal, provided that it includes the required elements). An informal conference concerning a citation will not extend the 30 days allowed for filing an appeal with the Board. (4) Informal conferences scheduled to negotiate settlement agreements require that the employer notify employees or their representatives of the opportunity to attend. (5) When both a request for an informal conference and an appeal have been submitted, the appeal request will be forwarded to the Workers’ Compensation Board to be scheduled for a formal hearing if issues are not resolved at the informal conference. 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 OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12 OSHA 10-2007, f. 12-3-07, cert. ef. 1-1-08 OSHA 7-1999, f. & cert. ef. 7-15-99 OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92 APD 7-1988, f. 6-17-88, ef. 7-1-74 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
437-001-0265 Amendment, Reissue or Withdrawal of Citation (1) When the Division identifies an error or errors in the citation, the Administrator may, for good cause, amend, reissue or withdraw a citation provided: (a) Such action will not reduce the occupational safety and health protection of affected employees; (b) No appeal has been filed with the Board to contest the citation; (c) The time for filing an appeal has not expired; and (d) The employee representative, if any, has been notified of the proposed amendment. (2) The employer receiving an amendment or withdrawal shall post the document as required by OAR 437-001-0275(2). (3) An amendment or withdrawal of an appealed citation or order shall be made in accordance with the Board's rules (OAR 438) for contested cases. The administrator shall notify the employee representative of any proposed settlement or withdrawal made according to OAR 438. (4) Any withdrawal, or amendment of an appealed citation that reduces the penalty or extends the correction times of an alleged serious or willful violation shall not be made without written approval of the Director. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 6-2003, f. & cert. ef. 11-26-03 APD 7-1988, f. 6-17-88, ef. 7-1-74 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
437-001-0270 Discretion To Prevent a Manifest Injustice (1) To prevent a manifest injustice, the Administrator, at the Administrator’s own discretion, or upon request from the Division or an adversely affected person, may vacate or amend a Division citation, notice, or order. (2) If the Administrator proposes to vacate or amend a Division citation, notice, or order, an opportunity to be heard will be given to persons, including affected employees, whose rights may be affected. (3) All requests for reconsideration based on a manifest injustice shall contain a statement indicating the following: (a) The request has been posted as required by OAR 437-001-0275(2); (b) The request has been served on the authorized representative of affected employees, if appropriate; (c) The date the request was posted or service was made; and (d) All affected employees have been advised of their right to comment. (4) No decision shall be made on a manifest injustice request until 10 days after the date of posting or service. Statutory/Other Authority: 656.726(4) & ORS 654.025(2) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 7-2006, f. & cert. ef. 9-6-06 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 WCD 3-1983, f. 1-31-83, ef. 2-1-82 WCD 6-1982, f. 6-28-82, ef. 8-1-82 WCD 5-1978, f. 6-22-78, ef. 8-15-78
437-001-0280 Posting on Selected Multi-Employer Jobsites At a multi-employer jobsite, the owner or the owner’s designated prime contractor may be directed to post a notice in a conspicuous manner in a sufficient number of locations throughout the jobsite to reasonably inform the Compliance Officer and the affected employees of the following: (1) The name and usual jobsite location of each employer and employer representative, on each work shift, who is designated to accompany the Compliance Officer during a safety or health inspection of the jobsite; and (2) The employee’s right to report a hazard to the employer’s designated representative. 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 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
437-001-0285 Form and Content of a Complaint Any person may complain to the Administrator of possible violations of any statute or of any lawful regulation, rule, standard, or order affecting employee safety or health at a place of employment. A complaint, whether oral or written, should specify: (1) The name of the employer; (2) The location of the place of employment; (3) Where the condition or practice occurs in the place of employment; (4) The nature and frequency of the hazard; (5) The number of employees affected by the condition or practice; (6) The way in which the complainant is affected by the condition or practice; and (7) Whether the complainant desires the complainant’s name and address to be kept confidential. 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 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
437-001-0290 Division Action on Complaints (1) At the complainant’s request, in writing, their identity shall be kept in confidence. Any employee of the Department who fails to maintain that confidence is subject to disciplinary action. (2) Complaint inspections shall be scheduled as provided for in OAR 437-001-0055(3). (3) Any person making a complaint to the Division shall receive written notice of the Division’s action if the complainant’s address is provided. (4) Any complainant who feels that the complaint was not adequately investigated by the Division may contact the Administrator for a review of the matter. 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 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
437-001-0295 Discrimination Complaint (1) An employee or prospective employee may file a complaint as provided in ORS 654.062(5) if the employee believes discrimination has occurred because: (a) The employee opposed a practice forbidden by, or engaged in a practice provided for, in the Oregon Safe Employment Act; or (b) With no reasonable alternative and in good faith, the employee refused to perform a work task that would expose the employee to a hazardous condition that presents a real risk of death or serious physical harm and a reasonable person would agree under the circumstances all of the following conditions are met: (A) Where possible, the employee requested from the employer, and was unable to obtain, a correction of the hazardous condition; and (B) A hazardous condition that, if exposed, would have subjected the employee to imminent danger or serious physical harm; and (C) Due to the urgency of the hazardous condition, there was insufficient time or opportunity to correct the hazard through regulatory authorities, such as Oregon OSHA. (2) The discrimination complaint may be filed in any Circuit Court for the State of Oregon or with the Commissioner of the Bureau of Labor and Industries, 1800 Southwest 1st Avenue, Suite 500, Portland, Oregon 97201, within one year after the employee or prospective employee had reasonable cause to believe they have been barred or discharged from employment or otherwise discriminated against. (3) The discrimination complaint may also be dual filed with the U.S. Department of Labor, 20425 72nd Avenue South, Suite 150A, Kent, Washington 98032-2388, as stated in 29 CFR 1977.15. 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 8-2007, f. & cert. ef. 12-3-07 OSHA 7-2002, f. & cert. ef. 11-15-02 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 8-1975, f. 8-5-75, ef. 9-1-75 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0405 Interim Order Relating to a Variance (1) An employer applying for a variance may request an interim order to be effective until final action is taken on the variance application. The request for an interim order: (a) May be included in the variance application; (b) Must include all information required by OAR 437-001-0400(2); and (c) Must state the reasons why the interim order should be granted. (2) The Administrator, or designee, will decide whether to issue an interim order on the basis of information provided in the application. (3) If an interim order is granted, it will be sent to the employer. The employer must inform affected employees by posting a copy of the interim order for as long as the order is in effect. (4) If an interim order is granted, the action will be published in the manner required by OAR 437-001-0410(1). (5) If the interim order is denied, the employer will be given prompt written notice of, and the reasons for, the denial. (6) An interim order or a written denial must include notice of the employer’s and employees’ appeal rights as contained in ORS 654.056 and OAR 438-085-0006 through 438-085-0870. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) 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 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
437-001-0410 Administrative Action on Variance Application (1) After a variance request is determined to be complete and procedurally adequate, as provided in OAR 437-001-0400, Oregon OSHA will publish the request for one day in at least one daily newspaper with general circulation throughout Oregon. The notice will include: (a) The name of the applicant; (b) The rule, also identified by number, from which the variance is sought; (c) A brief description of the variance request; (d) Notice of opportunity for public comment and hearing; (e) Information on how interested persons may learn of Oregon OSHA’s decision on the variance application; and (f) The address of the Oregon OSHA office from which further information may be obtained. (2) Oregon OSHA may conduct an on-site review of the equipment or processes involved in the requested variance. (3) A variance, if granted, will have no retroactive effect. It will not be the basis for amending or withdrawing a citation. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) 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 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 33-1974, f. 9-5-74, ef. 9-26-74 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0411 Hearings for Variance Applications Affected employers or employees will be given the opportunity to request a hearing on an application. (1) Request for hearings must be made in the following manner: (a) The request must be made within 30 days of publication of the application; (b) A request must be made to Oregon OSHA and must contain: (A) A concise statement of facts showing how the employer or employee would be affected by the relief applied for; (B) A statement opposing any or all portions of the application, and a concise summary of the evidence supporting each item opposed; and (C) Any views or arguments on any issue of fact or law presented. (2) A notice of hearing will be given to affected persons that contains: (a) Time, place, and nature of hearing; (b) Legal authority under which the hearing will be held; and (c) The issues to be discussed. (3) The hearing will be conducted in a manner that will allow all affected persons to submit information on the application. (4) All information submitted will be evaluated at the hearing and a determination made on the merits of the application. 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 OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12 APD 7-1988, f. 6-17-88, ef. 7-1-74 WCD 67-1982, f. 6-28-82, ef. 8-1-82
437-001-0415 Criteria for Variance Approval (1) An application for a permanent variance will be granted only if the applicant demonstrates, and Oregon OSHA determines, including consideration of employee or public comments, that the conditions, practices, operations, or processes proposed by the applicant will provide employment that is as safe and healthful as that obtained by compliance with the rule. (2) An application for a temporary variance will be granted only if the applicant demonstrates, and Oregon OSHA determines, including consideration of employee or public comments, that the applicant is unable to comply with a new rule by its effective date, that the applicant has an effective program for complying with the rule by the agreed upon timetable, and that all available steps are being taken in the interim to safeguard employees against the hazard covered by the rule. (3) An application for a research variance will be granted only if the applicant demonstrates, and Oregon OSHA determines, including consideration of employee or public comments, that the conditions, practices, operations, or processes used adequately safeguard employees against the hazards covered by the rule, while demonstrating or validating new or improved safety or health techniques or products. 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 OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12 APD 7-1988, f. 6-17-88, cert. ef. 7-1-74 WCD (Safety) 6-1982, f. 6-28-82, cert. ef. 8-1-82 WCD (Safety) 4-1981, f. 5-22-81, cert. ef. 7-1-81 WCD (Safety) 5-1978, f. 6-22-78, cert. ef. 8-15-78
437-001-0420 Decision on Variance Request (1) If a variance is granted, an order of variance will be issued. The order will include: (a) The name of the employer to whom the variance is granted; (b) The place of employment where the variance is applicable; (c) The type of variance granted; (d) The specific rule to which the variance applies; (e) The alternative methods or safeguards to be used by the employer while the variance is in effect; (f) Notice that the employer may be cited for any violation of the conditions established by the variance; (g) Information of employees’ right to appeal the variance decision; and (h) Information that if no appeal is filed within 30 days of receipt of the order, the variance approval becomes final and subject to review only as specified in OAR 437-001-0430. (2) If a variance is denied, a notice of denial will be issued. The notice will include: (a) The reasons for the denial; (b) Employer and employee appeal rights; (c) Information that if no appeal is filed within 30 days of receipt of the notice, the variance denial becomes a final decision without affecting the employer’s right to submit another application; and (d) Information advising the employer that a compliance inspection may be made within 30 days. (3) A copy of any variance order or denial must be posted for 20 days. (4) A variance that has been denied, or that has expired, may be followed by a compliance inspection within 30 days. 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: OHSA 2-2012, f. 5-11-12, cert. ef. 7-1-12 OSHA 10-2009, f. & cert. ef. 10-5-09 APD 7-1988, f. 6-17-88, ef. 7-1-74 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
437-001-0425 Employer’s Duty to Meet Variance Terms (1) A variance is not effective until the employer has complied with its terms and requirements. (2) An employer may be cited for violating the terms of a variance. (See ORS 654.022) 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 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