justicedao/ipfs_state_laws huggingface dataset:
437-004-9600 Lead Definition: Lead means elemental, metallic lead (chemical formula Pb), all inorganic lead compounds, and organic lead soaps. All other organic lead compounds are excluded. (1) The employer is responsible to determine, before work begins, if any task or activity assigned to workers will result in a potential exposure to lead. (2) Work that exposes employees to lead must comply with Division 2/Z, 1910.1025, Lead; except that construction activities exposing employees to lead must comply with Division 3/D, 1926.62, Lead. NOTES: Construction activities are building, altering and repairing and include painting. Tasks or work activities that could expose employees to lead include: Demolition or salvage of structures where lead-containing materials are present; New construction, alteration, or renovation of structures, substrates, or portions thereof with lead-containing materials; Routine or emergency cleanup of lead-containing materials; Using lead-containing paints or pigments; Cutting, brazing, burning, heating, grinding or welding surfaces with lead-containing paints or pigments; and Soldering with lead-containing solder. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13 OSHA 9-2006, f. & cert. ef. 9-22-06 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-9620 Cadmium Definition: Cadmium means the element cadmium (Cd); and all cadmium compounds. (1) The employer is responsible to determine, before work begins, if any task or activity assigned to workers will result in a potential exposure to cadmium. (2) Work that exposes employees to cadmium must comply with Division 2/Z 1910.1027, Cadmium; except that construction activities exposing employees to cadmium must comply with Division 3/Z, 1926.1127, Cadmium. NOTE: Construction activities are building, altering, and repairing and include painting. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-9626 Chromium (VI) Definitions: Chromium (VI) (hexavalent chromium or Cr(VI)) means chromium with a valence of positive six, in any form and in any compound. (1) The employer is responsible to determine, before work begins, if any task or activity assigned to workers will result in a potential exposure to hexavalent chromium. (2) Work that exposes employees to hexavalent chromium must comply with Division 2/Z 1910.1026, Chromium (VI); except that construction activities exposing employees to hexavalent chromium must comply with Division 3/Z, 1926.1126, Chromium (VI). NOTE: Construction activities are building, altering and repairing and include painting. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13
437-004-9640 Benzene Definition: Benzene (Chemical formula C6H6, CAS 71-43-2) means liquefied or gaseous benzene and includes benzene in liquid mixtures and benzene vapors released by these liquids. It does not include trace amounts of unreacted benzene in solid materials. (1) The employer is responsible to determine, before work begins, if any task or activity assigned to workers will result in a potential exposure to benzene. (2) Tasks or activities within the scope of the Division 2, Benzene rule must comply with Division 2/Z, 1910.1028, Benzene. (3) Tasks or activities that are not within the scope of the Division 2, Benzene rule must comply with the permissible exposure limits listed in Division 4/Z, OAR 437-004-9000, Table Z-2. NOTES: An example of a task or activity that is within the scope of the Division 2, Benzene rule is an employee dispensing gasoline or motor fuels containing benzene for more than 4 hours per day in an indoor location. Examples of task or activities that are NOT within the scope of the Division 2, Benzene rule include: The storage, transportation, distribution, dispensing, sale or use of gasoline, motor fuels, or other fuels containing benzene after final discharge from bulk wholesale storage facilities. The storage, transportation, distribution or sale of benzene or liquid mixtures containing more than 0.1 percent benzene in intact containers while sealed in a way to contain benzene vapors or liquid. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-9650 Bloodborne Pathogens Definitions: Blood means human blood, human blood components and products made from human blood. Bloodborne Pathogens means pathogenic micro-organisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).Contaminated means the presence or the reasonably anticipated presence of blood or other potentially infectious materials on an item or surface. Occupational exposure means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee’s duties. Other Potentially Infectious Materials means: Human body fluids with visible contamination of blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids; Any unfixed tissue or organ (other than intact skin) from a human (living or dead); and HIV-containing cell or tissue cultures, organ cultures, and HIV- or HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experi- mental animals infected with HIV or HBV. (1) The employer is responsible to determine, before work begins, if any task or activity assigned to workers will result in an occupational exposure to bloodborne pathogens. (2) Work that exposes employees to bloodborne pathogens must comply with Division 2/Z, 1910.1030, Bloodborne Pathogens. NOTE: Examples of tasks or work activities with a potential for occupational exposures to bloodborne pathogens in agricultural workplaces include: Employees performing janitorial duties that include cleaning up human blood or OPIM; Employees who are required, as part of their job duties, to administer first aid to others that could include contact with another person’s blood or OPIM. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-9710 Acrylonitrile Definitions: Acrylonitrile or “AN” (Chemical formula CH2=CHCN, CAS 107-13-1) means acrylonitrile monomer and includes Liquid AN. Liquid AN means acrylonitrile monomer in liquid form, and liquid or semi-liquid polymer intermediates, including slurries, suspensions, emulsions, and solutions, made during the polymerization of AN. (1) The employer is responsible to determine, before work begins, if any task or activity assigned to workers will result in a potential exposure to acrylonitrile. (2) Work that exposes employees to acrylonitrile must comply with Division 2/Z, 1910.1045, Acrylonitrile. NOTE: The Division 2 Acrylonitrile rule does not apply to exposures which result solely from the processing, use, and handling of the following materials: ABS resins, SAN resins, nitrile barrier resins, solid nitrile elastomers, and acrylic and modacrylic fibers, when these listed materials are in the form of finished polymers, and products fabricated from such finished polymers; Materials made from and/or containing AN for which objective data is reasonably relied upon to demonstrate that the material is not capable – under the expected conditions of processing, use, and handling which will cause the greatest possible release – of releasing AN in airborne concentrations in excess of 1 ppm as an 8-hour time-weighted average, or Solid materials made from and/or containing AN which will not be heated above 170 degrees F. during handling, use, or processing. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-9740 Ethylene Oxide Definition: Ethylene oxide or “EtO” means the organic compound with chemical formula C2H4O, and CAS 75-21-8. (1) The employer is responsible to determine, before work begins, if any task or activity assigned to workers will result in a potential exposure to ethylene oxide. (2) Work that exposes employees to ethylene oxide must comply with Division 2/Z, 1910.1047, Ethylene Oxide. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-9760 Formaldehyde Definition: Formaldehyde means the substance with chemical formula HCHO and CAS 50 00-0. (1) The employer is responsible to determine, before work begins, if any task or activity assigned to workers will result in a potential exposure to formaldehyde. (2) Work that exposes employees to formaldehyde must comply with Division 2/Z, 1910.1048, Formaldehyde. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-9780 Methylendianiline Definition: Methylenedianiline or “MDA” means the chemical substance 4,4’-Diaminodiphenylmethane (CAS 101-77-9), in the form of a vapor, liquid, or solid, including the salts of MDA. (1) The employer is responsible to determine, before work begins, if any task or activity assigned to workers will result in potential exposure to Methylenedianiline. (2) Work that exposes employees to MDA must comply with Division 2/Z, 1910.1050, Methylenedianiline, except that construction activities exposing employees to MDA must comply with Division 3/D, 1926.60, Methylenedianiline. NOTE: Construction activities are building, altering and repairing and include painting. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-9830 Retention of Department of Transportation (DOT) Markings, Placards and Labels (1) If you receive any container or vehicle containing hazardous material, marked to comply with U.S. Department of Transportation Hazardous Materials Regulations (49 CFR Parts 171 through 180), you must keep those markings in place and legible until the container is empty enough of product, residue or vapors to eliminate all hazards. (2) Markings, placards and labels must be readily visible. (3) For non-bulk packages that will not be reshipped, you are in compliance with this rule if a label or other acceptable marking is affixed to the container and includes the information required by the Hazard Communication Standard. (4) For this rule, “hazardous material” and other terms not defined here have the same definitions as in the U.S. DOT Hazardous Materials Regulations (49 CFR Parts 171 through 180). Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-004-9860 Hazardous Chemicals in Laboratories Definitions: Carcinogens are chemicals that have been determined to cause cancer by the following sources: (1) National Toxicology Program (NTP), Annual Report on Carcinogens (latest edition); (2) International Agency for Research on Cancer (IARC) Monographs (latest edition); (3) 29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration: or (4) National Institute for Occupational Safety and Health (NIOSH), The Registry of Toxic Effects of Chemical Substances (latest edition.) Crop- or product-related quality control or quality assurance–type laboratory work means the testing of crops or agricultural products to uncover defects, with the goal of improving or stabilizing production standards. Laboratory use of hazardous chemicals means handling or use of such chemicals in which all of the following conditions are met: (a) Chemical manipulations are carried out on a “laboratory scale;” (b) Multiple chemical procedures or chemicals are used; (c) The procedures involved are not part of a production process, nor in any way simulate a production process; and (d) Protective laboratory practices and equipment are available and in common use to minimize the potential for employee exposure to hazardous chemicals. Laboratory scale means work with substances in which the containers used for reactions, transfers, and other handling of substances are designed to be easily and safely manipulated by one person. Laboratory scale does not include those workplaces whose function is to produce commercial quantities of materials. (5) If employees are engaged only in crop- or product-related quality control or quality assurance-type laboratory work, as defined in this rule, any work with hazardous chemicals must comply with the requirements in OAR 437-004-9800, Hazard Communication. (6) If employees use carcinogens in laboratory research or crop- or product-related quality control or quality assurance-type laboratory work, then Division 2/Z, OAR 437-002-0391, Additional Oregon Rules for Carcinogens in Laboratories, also applies. (7) If employees are engaged in the laboratory use of hazardous chemicals, as defined in this rule, then Division 2/Z, 1910.1450, Occupational Exposure to Hazardous Chemicals in Laboratories, applies to these activities. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13 OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98
437-007-0001 Authority of Rules These rules are promulgated under the Director’s authority contained in ORS 654.025(2) and 656.726(4). Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0002 Purpose of Rules The purpose of the rules contained in this division is to prescribe minimum safety and health requirements for all employees employed in forest activities work. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0003 Scope of Rules The rules in this division apply to all public and private employers who engage in forest activities as listed in OAR 437-007-0004. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0004 Applicability of Rules (1) The rules in division 7 establish occupational safety and health practices for all forest activity operations including but not limited to: (a) Chemical application; (b) Chipping; (c) Clearing and slash disposal; (d) Forest road construction, maintenance and decommissioning; (e) Log dumps, ponds, plantsite log yards and independent sort yards; (f) Log hauling; (g) Marking; (h) Prescribed fire; (i) Pulpwood and non-pulpwood logging; (j) Reforestation/vegetation management; (k) Stream restoration; (l) Timber cutting and thinning operations; (m) Timber cruising; (n) Tree climbing activities; (o) Wildland fire suppression. (2) Any situation or condition not specifically addressed will be subject to other applicable provisions of the OARs, chapter 437, Oregon Occupational Safety and Health Standards. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2005, f. 5-27-05, cert. ef. 6-1-05 OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0010 Worker Protection Standard Oregon OSHA administers and enforces the Worker Protection Standard (40 CFR 170) as adopted in OAR 437-004-6000 in Division 4/W. All parts apply without regard to the scope of Division 4 in addition to, and not instead of, any other part of Division 7, Forest Activities. Should any of the parts of these two standards conflict, comply with the part offering the most protection to workers. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 9-2009, f. & cert. ef. 9-21-09 OSHA 3-2008, f. 3-7-08, cert. ef. 7-1-08 OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0100 Safety and Health Program Every employer must implement a written safety and health program that establishes management commitment, supervisory responsibilities, accident investigation, employee involvement, hazard identification, training, and annual evaluation of the program. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0105 Management Commitment The employer must: (1) State the purpose of the safety and health program. (2) Identify the safety and health personnel and resources that will be used to implement the program. (3) Establish a labor and management policy that provides for ongoing evaluation of employees' safety performance. (4) Establish a disciplinary policy to address unsafe work practices. (5) Assign the responsibility, authority and accountability for worker safety and health to all employees who supervise or direct work activity. (6) Authorize a competent person(s) for each jobsite who has the authority to: (a) Supervise all personnel at the site. (b) Enforce the company's safety and health program. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0110 Supervisory Responsibilities The employer or their authorized representative must: (1) Supervise all employees at the site and enforce the company's safety and health program. (2) Verify that all current and new employees: (a) Can safely perform assigned work tasks. (b) Have received adequate job safety instruction and training. (3) Periodically review the safety performance of each employee. (4) Provide job safety and health instruction, training or disciplinary action to an employee when the employee is working in an unsafe manner. NOTE: This training can be limited to the specific information needed to correct the unsafe work practice(s). (5) Closely supervise each employee who is receiving job safety and health instruction and training. (6) Require all employees to demonstrate the ability to safely perform their work task before permitting them to work independently. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0125 Accident Investigation The employer or their authorized representative must: (1) Investigate every employee fatal and recordable injury/illness to determine the cause(s). (2) Discuss "near misses" with employees. (3) Identify the measures to prevent recurrence of the "near misses," fatal and recordable injury/illness. (4) Inform all employees of the preventive measures resulting from investigations. (5) Take steps to prevent recurrence of similar "near misses," fatal and recordable injury/illness. (6) Keep written results of the fatal and recordable injury/illness investigations and corrective measures for 3 years. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0130 Employee Involvement The employer or their authorized representative must: (1) Encourage employees to participate in site planning and the pre-work safety meeting to discuss site conditions and known hazards. (2) Require employees to report safety and health hazards. (3) Require qualified employees to take corrective action and eliminate hazards. (4) Conduct monthly safety meetings with all employees. (a) Keep written minutes and attendance records for 3 years. (b) Make written minutes and attendance records available to all employees. NOTE 1: Meetings may be with individuals, separate crews, or larger groups. NOTE 2: Upon written application, OR-OSHA may approve an innovative method to comply with the requirements for monthly safety meetings. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 2-2005, f. 5-27-05, cert. ef. 6-1-05 OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0135 Hazard Identification and Control The employer or their authorized representative must: (1) Implement a procedure for monthly safety inspections of all worksites, vehicles, machines, equipment, and work practices. (2) Identify who will complete monthly safety inspections. (3) Implement procedures that will be used to report and correct hazardous conditions. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0140 Training The employer or their authorized representative must: (1) Provide job safety and health instruction and training to current and new employees, including supervisors, that is adequate for the work task. They must receive training before: (a) Starting their initial work assignment; or (b) Being assigned new work tasks, tools, equipment, machines, or vehicles. (2) Evaluate each employee who has previously received job safety and health instruction and training. NOTE: An employee does not need to be retrained if their prior instruction and training are adequate. (3) Provide job safety and health instruction and training that includes the: (a) Safe performance of assigned work tasks. (b) Procedures, practices and requirements of the employer's work site. (c) Recognition of safety and health hazards associated with each employee's specific work tasks, including measures and work practices to prevent or control those hazards. (d) Safe use, operation and maintenance of tools, equipment, machines and vehicles each employee uses or operates, including following the manufacturer's operating and maintenance instructions, warnings and precautions. (e) Requirements of this standard and hazards of the industry. (4) Require each employee receiving job safety and health instruction and training to: (a) Work under the close supervision of a qualified person. (b) Demonstrate to the employer or his authorized representative the ability to safely perform the work assignment before they are permitted to work independently. (5) Assure that a qualified person(s) presents the job safety and health instruction and training. (6) Assure that job safety and health instruction and training is: (a) Presented in a language and manner that the employee(s) is able to understand. (b) Appropriate in content for the skill level of the employee(s) being trained. (7) Keep a current written record of job safety and health instruction and training for each employee that contains the following: (a) Who was instructed or trained. (b) The date(s) of the instruction or training. (c) A description of the training. (d) The name of the trainer. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03
437-007-0145 Annual Program Evaluation (1) Each employer must review and evaluate their safety and health program annually. (2) The program evaluation must include the methods and procedures used to identify and revise program deficiencies. (3) Written findings of the annual evaluation must be maintained for 3 years from the date of issue. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2003, f. 6-2-03, cert. ef. 12-1-03