justicedao/ipfs_state_laws huggingface dataset:
437-004-0001 Application Everything in this standard is the responsibility of the employer. It is the responsibility of the employer to assure that their workers, facilities and equipment comply with this standard. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0002 Scope Standard Industrial Classifications — division 004, Agriculture, applies only to employers with the following Standard Industrial Classifications (SIC) or North American Industrial Classification system (NAICS) codes. NOTE: If you don’t know your code, contact your Workers’ Compensation Insurance carrier. SIC NAICS 01 111 — All Groups. 02 112 — All Groups. 0711 115112 — Soil Preparation Services. 0721 115112 — Crop Planting, Cultivating, and Protection. 0722 115113 — Crop Harvesting, Primarily by Machine. 0723 115114 — Crop Preparation Services for Market: Except Cotton Ginning. NOTE: SIC 0723 (NAICS 115114), Division 4, Agriculture covers growers who: Buy farm products for resale to the general public. These products may be cleaned, sorted, graded, dried whole, bagged or packaged, but are not processed. Examples of processing include cutting, canning, freezing, pasteurizing and homogenizing. Grow 51 percent or more of the sold crops themselves, but also buy farm products for resale to anyone other than the general public. These products may be cleaned, sorted, graded, dried whole, bagged, or packaged, but are not processed. Examples of processing include cutting, canning, freezing, pasteurizing and homogenizing. 0761 115115 — Farm Labor Contractors and Crew Leaders. 0762 115116 — Farm Management Services. 0811 111421 — Christmas Tree Growing and Harvest. 0831 113210 — Forest Nurseries and Gathering of Forest Products. NOTE: Division 4, Agriculture, covers forest nursery employers growing: • Seedlings for reforestation. • Trees for purposes other than lumber, pulp, or other wood products. Division 7, Forest Activities, covers employers: • Growing trees for lumber, pulp, or other wood products. • Gathering seeds, needles, bark, and other secondary forest products. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2010, f. 7-8-10, cert. ef. 1-1-11 OSHA 9-2006, f. & cert. ef. 9-22-06 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0003 Exclusive Coverage (1) Division 4, Agriculture, and parts of division 1, General Administrative Rules, are the only Oregon OSHA standards that apply to employers in 437-004-0002. Employers in 437-004-0002 will not be cited from standards in division 2 or division 3, Construction, unless division 4 states they are applicable. (2) The following parts of division 1 DO NOT apply to Agriculture. This division has language covering their subjects. (a) 437-001-0760 Rules for all Workplaces. 437-004-0099 General Standards applies instead. (b) 437-001-0765 Safety Committees and Safety Meetings. 437-004-0251 Safety Committees and Safety Meetings applies instead. NOTE: ORS 654 (The Oregon Safe Employment Act) and specifically 654.010, commonly referred to as the General Duty Clause, applies to all places of employment in Oregon. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2010, f. 7-8-10, cert. ef. 1-1-11 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0005 Access to Employee Exposure and Medical Records For agricultural employers, OAR 437-002-1910.1020 applies. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0310 Working Surfaces (1) Scope. This section applies to all places of agricultural employment. Measures to control toxic materials are outside the scope of this section. (2) Housekeeping. Floors, work areas, aisles and passageways must be in good repair and must not have protruding nails, unevenness, obstructions, debris or loose boards that create a hazard. (3) Aisles, walkways, inclines and passageways. (a) There must be sufficient clearance for safe operation of mechanical handling equipment in aisles, at loading docks, through doorways and at turns. Aisles and passageways must be clear and in good repair with no obstructions that could be a hazard. (b) Mark permanent aisles and passageways. (c) Aisles, passageways, and walkways must be wide enough for safe work but never less than 22 inches wide. Passageways more than 4 feet above the ground or floor level must have standard guardrails. (d) Fixed inclined walkways must be at least 22 inches wide, incline at no more than 24 degrees and be securely fastened at the top and bottom. They must have guardrails on each open side. (e) Inclined walkways that may be slippery must have anti-slip surfaces or cleats secured at uniform intervals of not more than 18 inches, and extending the full width of the walkway. (f) Inclines from floor to floor, without open sides, used instead of stairways must have standard railings according to the requirements for stairways. (g) Ramps for wheelbarrows, if made of planking, must have an odd number of planks with no cleats on the center plank. (4) Covers and guardrails. There must be covers and/or guardrails to protect people from the hazards of open pits, tanks, vats, excavations, etc. (5) Surface loads. For all new and remodel construction after December 1, 1997, post the load capacities on overhead storage areas. Do not allow overloading. (6) Barriers. There must be protective barriers or suitable guards for uncovered openings or excavations that are accessible to vehicle or pedestrian traffic. Use warning lights or flares if working at night. (7) Vertical clearances. There must be a vertical clearance of at least 6-1/2 feet over work areas. Where it is impractical to provide this clearance, use padding, contrasting paint or similar warnings on overhead obstructions. NOTE: This does not apply to crop storage areas where people are there for short periods. (8) Working above other workers. Areas above other workers, for handling or mixing acids, caustics, or other harmful materials must have water-tight floors that drain to a safe location, except where workers underneath wear personal protective equipment suitable for the hazard. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0350 Orchard Ladders Definition: Orchard Ladder. A self-supporting portable tripod ladder of fixed length. It has two front side rails and a single back support leg. (1) Application. This covers the maintenance, use and care of orchard ladders. (2) Maintenance. (a) Each step of wooden orchard ladders must have these reinforcements: (A) A steel rod not less than 0.160 inch in diameter, that passes through metal washers big enough to prevent pressing into the side rails, and through a truss block between the rod and the center of each step; or (B) A metal angle brace on each end firmly secured to the steps and side rails; or (C) Construction of equivalent strength and safety. (b) If the ladder has rod reinforcement, the bottom step must also have a metal angle brace on each end securely attached to the bottom step and side rails. (c) All steps 27 inches or longer must have a metal angle brace at each end securely attached to the step and rail. (d) The minimum width between side rails at the highest step for standing, inside to inside, is 9-1/2 inches. From top to bottom the side rails must spread at least an average of 2-1/2 inches for each foot of ladder length. (e) All orchard ladders must have a top with tightly secured wood or metal brackets or fittings, side rails and back leg. The back leg must swing freely without excessive play or wear at the joints. (f) Do not make ladders by fastening cleats across a single rail. (g) There must be no dents, breaks or bends in the side rails or rungs. (3) Training. (a) Prior to assigning an employee to work with orchard ladders, the employer must assure that they have the necessary skills and knowledge to use the ladder safely; or (b) The employer must train new employees about the requirements of this standard and the special procedures and cautions associated with using an orchard ladder. (4) Use and care. (a) Do not use orchard ladders longer than 16 feet. (b) Do not use the top as a step. (c) Do not allow more than one person at a time on ladders. (d) Do not step or jump between two or more erected ladders. (e) Do not use ladders to gain additional height from already elevated surfaces like scaffolds, truck beds, vehicle bodies, tractor scoops or boom truck buckets. (f) Inspect ladders before each use. Do not use any with defects, loose, warped, bent or broken parts. Tag these ladders, “Dangerous, Do Not Use” until they are fixed. (g) Do not use metal ladders or wood ladders with vertical metal parts for electrical work or where they may contact electric conductors. This type ladder must have markings reading “WARNING — do not use around energized electrical equipment” or words of equal meaning. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0380 Manually Propelled Mobile Ladder Stands and Scaffolds (Towers) Standards for the use of mobile work platforms and scaffolds are found in Division 2, Subdivision D, 1910.27 which applies to agricultural places of employment. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 1-2024, amend filed 09/11/2024, effective 09/11/2024 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0390 Other Working Surfaces (1) Dockboards (bridge plates). (a) Use bridge plates over any gap of more than 4 inches between two surfaces. (b) Portable and powered dockboards must be strong enough to carry the load imposed on them. (c) Anchor portable dockboards or use devices that prevent them from slipping. (d) Powered dockboards must comply with Commercial Standard CS202-56 (1961) “Industrial Lifts and Hinged Loading Ramps” published by the U.S. Department of Commerce. (e) Portable dockboards must have handholds or other ways to allow safe handling. (f) There must be positive protection to prevent railroad cars from moving while dockboards or bridge plates are in position. (g) Bridgeplates must be able to carry four times the heaviest expected load. (h) Bridgeplates must sit evenly on the surface at each end. Repair or replace plates that teeter or rock. (2) Floors. (a) Floors, floor supports, and required appurtenances must be in good repair. (b) Floors must not be slippery. (3) Ramps and runways. (a) Ramps and runways must be in safe condition. (b) Ramps and runways for vehicles must be wide enough and have an even surface. They must have timber guards of not less than nominal 6-inch by 6-inch material set on nominal 3 inch blocks, or the equivalent, secured to the sides of the ramp or runway. [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 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0450 Emergency Action Plan (1) The plan must be in writing, be kept in the work place and be available to employees. Employers with fewer than 11 permanent, year-around workers may have a verbal plan. (2) An emergency action plan must include: (a) Procedures for reporting a fire or other emergency; (b) Procedures for emergency operation or shut down of critical equipment; (c) Procedures for rescue and medical duties; and (d) Names or job titles of employees to contact to get more information about the duties of employees under the plan. (3) There must be a communication system to alert employees or an employee alarm system with a distinctive signal for each purpose. (4) The employer must review the emergency action plan with each covered employee: (a) When the plan is new or the employee is new to the job; (b) When the employee’s responsibilities under the plan change; and (c) When the plan changes. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0610 Ventilation Agricultural employers that do abrasive blasting, grinding, polishing and buffing or spray finishing in any part of their operation must follow the standards in OAR 437-002-1910.94 and 437-002-0081 found in subdivision 2/G. These paraphrased excerpts are from 1910.94, Ventilation, in the OR-OSHA General Industry Standards, Division 2/G. If the amount or duration of the covered work or processes you do could meet one of the criteria below, consult 437-002-1910.94 in Division 2/G. Grinding, polishing and buffing. 1910.94(b)(2) Application. You must use a mechanical local exhaust ventilation system to keep the 8-hour time-weighted average (TWA) exposures to substances in 437-004-9000 or other parts of this division, within required limits when dry grinding, dry polishing or buffing whether or not employees use a respirator. Spray finishing. 1910.94(c)(8) Scope. This paragraph (c) does not apply to exterior spraying of buildings, fixed tanks or similar structures nor to small portable spraying apparatus not used repeatedly in the same location. Open surface tanks. 1910.94(d)(13)(i) Scope. This paragraph (d) applies to all work involving the immersion of materials in liquids, or in the vapors of such liquids, for cleaning or altering their surfaces, or adding or imparting a finish or changing the character of the materials. It also applies to the subsequent removal from the liquids or vapors, draining, and drying. Such work includes washing, pickling, quenching, dyeing, dipping, bleaching, degreasing, alkaline cleaning, stripping, rinsing and similar processes. It does not include molten materials handling or surface coating. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0650 Ionizing Radiation NOTE: The Oregon Department of Human Resources, Health Division, enforces 1910.96 Ionizing Radiation and 437-004-0650 in Oregon, under an Interagency Agreement with the Department of Consumer and Business Services, OR-OSHA Division. Copies are available from OR-OSHA and the Health Division. In addition to and not instead of 1910.96, the rules and regulations in ORS 453.0605 to 453.0745, Control of Radiation, administered by the Department of Human Resources, Oregon Health Division, apply to all employees working with or near ionizing radiation sources. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0710 Compressed Gases (1) Employers are responsible to keep compressed gas cylinders under their control in a safe condition by doing visual inspections that cover these points: (a) Corrosion or pitting which reduces the wall thickness. (b) Cuts, gouges or digs. (c) Dents, bulges or other distortion or unsymmetrical condition or appearance. (d) Distortion, looseness or failure of welds in the cylinder rings. (e) Evidence of having been burned or exposed to fire, arc or torch burns. (f) Damage to cylinder neck threads or inability to obtain a gas-tight seal by reasonable methods. (2) If a compressed gas cylinder or tank shows any of the above conditions, or any other condition that could affect its safety, do not use it. Do not return it to service until it is thoroughly inspected by a person qualified to do so and they find it to be safe and in compliance with the Compressed Gas Association directives. (3) The handling, storage, and use of all compressed gases in cylinders, portable tanks or motor vehicle cargo tanks must comply with the following: (a) Do not use cylinders without a legible label identifying the contents. (b) Keep the cylinder caps on except when the gauges are on the cylinder. (c) Do not use cylinders for rollers, supports or for any purpose other than to contain the product. (d) Do not place cylinders where they may become part of an electrical circuit. Do not ground cylinders used in conjunction with electric welding. (e) Do not subject cylinders to temperatures above 125°F. If ice or snow accumulates on a cylinder, thaw at room temperature or with water less than 125°F. (f) Contact your gas supplier when in doubt about proper handling of the cylinder. (g) When returning empty cylinders, close the valve and replace the valve protection cap. (h) Do not drag or slide cylinders. (i) Do not drop or permit cylinders to strike against each other or other surfaces violently. (j) Do not lift cylinders by the protective cap or with magnets. (k) Do not suspend cylinders from ropes, chains or slings unless the cylinder was manufactured with an appropriate lifting attachment or suitable cradles or platforms are used. (l) Post the storage areas with the name of the gases to be stored. (m) Store cylinders away from ignitable substances such as gasoline or waste or combustibles in bulk including oil. (n) Store cylinders upright and secure to prevent them from being knocked over. (o) Secure cylinders when in use. (4) Compressed gas cylinders, portable tanks, and cargo tanks must have pressure relief devices. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0715 Acetylene (1) Cylinders. The transfer, handling, storage, and use of acetylene in cylinders must comply with the general requirements of compressed gases. (2) Piped systems. The piped systems for the transfer and distribution of acetylene must comply with the Compressed Gas Association Pamphlet G-1.3-1970. [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 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0717 Hydrogen Agricultural employers that use hydrogen in any part of their operation must comply with OAR 437-002-1910.103 in subdivision 2/H. NOTE: For your convenience, this is the scope statement from that standard to help you know if your work falls under its jurisdiction. (2) Scope (i) Gaseous hydrogen systems. (a) Paragraph (b) of this section applies to the installation of gaseous hydrogen systems on consumer premises where the hydrogen supply to the consumer premises originates outside the consumer premises and is delivered by mobile equipment. (b) Paragraph (b) of this section does not apply to gaseous hydrogen systems having a total hydrogen content of less than 400 cubic feet, nor to hydrogen manufacturing plants or other establishments operated by the hydrogen supplier or his agent for the purpose of storing hydrogen and refilling portable containers, trailers, mobile supply trucks, or tank cars. (ii) Liquefied hydrogen systems. (a) Paragraph (c) of this section applies to the installation of liquefied hydrogen systems on consumer premises. (b) Paragraph (c) of this section does not apply to liquefied hydrogen portable containers of less than 150 liters (39.63 gallons) capacity; nor to liquefied hydrogen manufacturing plants or other establishments operated by the hydrogen supplier or his agent for the sole purpose of storing liquefied hydrogen and refilling portable containers, trailers, mobile supply trucks, or tank cars. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0725 Spray Finishing If you use a spray booth or a spray room or do production-level spray finishing, you must follow the rules in Division 2/H, OAR 437-002-0107, Spray Finishing. NOTE: The Spray Finishing rules do not apply to outdoor spray applications to buildings, tanks, or other similar structures; or to small, portable, spray apparatus that is not used repeatedly in the same location. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-2014, f. & cert. ef. 8-8-14 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0770 Explosives and Blasting Agents Agricultural employers that use explosives and blasting agents must comply with OAR 437-002-1910.109 in subdivision 2/H. NOTE: For your convenience, this is the scope statement from that standard to help you know if your work falls under its jurisdiction. NOTE: This section applies to the manufacture, keeping, storage, sale, transportation, and use of explosives, blasting agents, and pyrotechnics. The section does not apply to the sale and use (public display) of pyrotechnics, commonly known as fireworks, nor the use of explosives in the form prescribed by the official U.S. Pharmacopeia. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-0790 Use of Liquefied Petroleum Gas or Natural Gas in Fields and Orchards (1) Scope. This applies to the storage and use of liquefied petroleum gas or natural gas, in fields and orchards, to fuel or power stationary orchard heaters, fans, and other such fixed equipment. It does not cover portable orchard and field equipment. OAR 437-004-0780 covers all other uses of these gases. (2) Definitions. (a) Approved — See universal definition in 4/B. (b) Competent person — See universal definition in 4/B. (c) Labeled — See universal definition in 4/B. (d) Liquefied petroleum gases — "LPG" and "LP-Gas" — Any material made mostly of any of the following hydrocarbons, or mixtures of them; propane, propylene, butane (normal butane or iso-butane), and butylenes. (e) Listed — See universal definition in 4/B. (3)(a) Components. The tank regulator and all components in between must be labeled, listed or approved. (b) All piping and end use components, like fans and heaters, must be on the low pressure side of approved regulators. (4) Installation. Installation of systems and equipment that use liquefied petroleum gas must only be by persons licensed according to ORS 480.410–460 and must conform to OAR 837, division 30. (Contact the Office of State Fire Marshal for more information on these requirements.) (5) Welding. Do not weld on parts of the system subject to pressure. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 7-2001, f. & cert. ef. 5-15-01 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98