justicedao/ipfs_state_laws huggingface dataset:
437-001-0435 Effect of a Variance Granted by the U.S. Secretary of Labor (1) If an employer requesting a variance from an Oregon rule submits proof that a variance from an equivalent federal rule has been granted by the U.S. Secretary of Labor, the federal variance will be accepted in lieu of the information required by OAR 437-001-0400, Application for a Variance. (2) If an employer is cited for violating an Oregon rule equivalent to a federal rule for which a variance has been granted by the U.S. Secretary of Labor, and all conditions of that variance are being met, the Administrator will consider the federal variance as a possible defense against the 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 5-1978, f. 6-22-78, ef. 8-15-78 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0450 Voluntary Compliance Consultative Services (1) The Administrator shall provide consultative services to assist employers in preventing occupational injury and disease, whatever the cause. (2) Consultative services may include providing technical information, but shall not intrude into the business of engineering firms or professional consultants. (3) When federal funds are utilized to conduct consultative services, the provisions contained in 29 CFR 1908, Consultation Agreement, shall apply. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001-654.295 History: OSHA 5-1991, f. & cert. ef. 3-18-91 OSHA 1-1991(Temp), f. & cert. ef. 1-28-91 APD 7-1988, f. 6-17-88, cert. ef. 7-1-74 APD 6-1987, f. 12-23-87, cert. ef. 1-1-88 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 8-1974, f. 8-5-75, cert. ef. 9-1-75 WCB 19-1974, f. 6-5-74, cert. ef. 7-1-74
437-001-0455 Application for Consultative Services Employers may make a verbal or written request for consultative services. A request must: (1) Be made by an employer to a representative of the Division; (2) Identify the employer and the location where the consultation is desired; and (3) Define the specific problem or hazard, or other reason for the request. 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
437-001-0460 Consultation When a consultant responds to a request for a consultative service, the employer shall be advised: (1) Of the purpose of the visit; (2) Of the Administrative Rules and Standard Operating Procedures pertaining to consultative services; and (3) That the consultation need not be limited to the specific problems or hazards contained in the request for consultative service, but may also include, at the request of the employer, assistance in developing a plan to correct hazardous conditions, and other services including but not limited to: (a) Health and safety program assessments; (b) Training on specific health and safety issues; and (c) Other assistance designed to promote more effective workplace health and safety programs. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001-654.295 History: OSHA 5-1991, f. & cert. ef. 3-18-91 OSHA 1-1991(Temp), f. & cert. ef. 1-28-91 APD 7-1988, f. 6-17-88, cert. ef. 7-1-74 APD 6-1987, f. 12-23-87, cert. ef. 1-1-88 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. 6-5-74, cert. ef. 7-1-74
437-001-0706 Recordkeeping for Health Care Assaults (1) Purpose. This rule implements the amendments to the Oregon Safe Employment Act, ORS 654.412 through 654.423, providing specific provisions for the recordkeeping and reporting requirements of health care assaults, and additional recordkeeping requirements as authorized under ORS 654.025(2) and 656.726(4)(a). NOTE: For further information, instructions, and resources, visit Oregon OSHA’s healthcare workplace violence assault log web page at: osha.oregon.gov/Pages/re/healthcare-assault-log.aspx NOTE: For the ease of the reader, ORS 654.412 through 654.423 is reprinted as Appendix B to OAR 437-001-0706. (2) Scope and Definitions. This rule applies to health care employers and home health care services provided by health care employers. Health care employers only include hospitals and ambulatory surgical centers, which are defined in ORS 442.015: "Hospital" means a facility with an organized medical staff, with permanent facilities that include inpatient beds and with medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical or surgical treatment primarily for but not limited to acutely ill patients and accident victims, to provide treatment for the mentally ill or to provide treatment in special inpatient care facilities. "Ambulatory surgical center" means a facility that performs outpatient surgery not routinely or customarily performed in a physician's or dentist's office, and is able to meet health facility licensure requirements. (3) Health care assault recordkeeping. In addition to existing general recordkeeping requirements in OAR 437-001-0700, Recordkeeping and Reporting, health care employers must use the Health Care Assault Log, or equivalent, to record assaults. See ORS 654.412 through 654.423 for details required to be recorded. Appendix A of 437-001-0706 provides instructions for completing the form. NOTE: If the incident results in an overnight hospitalization, a catastrophe, or fatality, it must be immediately reported to Oregon OSHA. Record recordable injuries, illnesses, and fatalities on the OSHA 300 Log. See OAR 437-001-0700. (4) Other recordkeeping information. The following sections of OAR 437-001-0700 apply to health care assault recordkeeping and reporting: (a) Section (6) Work-relatedness (b) Section (14)(b) Forms (c) Section (15) Multiple Business Establishments (d) Section (16) Covered Employees (e) Section (19) Change of Business Ownership. Appendix A (attached). Appendix B (attached). [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 654.025(2) & 656.726(4). Statutes/Other Implemented: ORS 654.412 - 654.423 History: OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018 OSHA 2-2011, f. 9-29-11, cert. ef. 10-1-11 OSHA 8-2008, f. & cert. ef. 7-14-08 OSHA 11-2007, f. 12-21-07, cert. ef. 1-1-08
437-001-0740 Falsification or Failure to Keep and Post Records or Make Reports Oregon OSHA will cite employers who fail to keep the records, post the summaries, or make the reports required by OAR 437-001-0700 (except OAR 437-001-0704 which is addressed in OAR 437-001-0170) or OAR 437-001-0706. Citations will be ‘other than serious’ and carry a penalty of at least $100 but not more than $1,000 for each violation that is neither repeated nor willful. Note: ORS 654.991(3) provides that anybody who knowingly makes a false statement, representation, or certification in any application, record, report, plan, or other document filed or required by ORS 654.001 to 654.295, will, on conviction, be fined not more than $10,000 or be imprisoned for not more than six months, or both. Also, ORS 654.086(1)(e) provides for civil penalties for falsification of a document. 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 11-2007, f. 12-21-07, cert. ef. 1-1-08 OSHA 7-2002, f. & cert. ef. 11-15-02 OSHA 11-2001, f. 9-14-01, cert. ef. 1-1-02 OSHA 6-1994, f. & cert. ef. 9-30-94 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
437-001-0742 Recordkeeping Variances and Exceptions In order to achieve a uniform national system for the recordkeeping and reporting of occupational injuries and illnesses, the State of Oregon and the U.S. Department of Labor have agreed that as applied to employers, defined in subsections 3(5) of the Occupational Safety and Health Act of 1970 (Public Law 91-596, 81 STAT 1950), the state will not grant any variances or exceptions to the recordkeeping and reporting regulations of this part without prior approval of the U.S. Bureau of Labor Statistics. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.120(2) & 654.120(5) History: OSHA 11-2001, f. 9-14-01, cert. ef. 1-1-02 APD 7-1988, f. 6-17-88, ef. 7-1-74 WCB 19-1974, f. 6-5-74, ef. 7-1-74
437-001-0800 Application Procedures (1) The Division may solicit applications for Occupational Safety and Health Grants to develop innovative, proactive occupational safety and health training, educational programs, or materials. (2) Any labor consortium, employer consortium, educational institution that is affiliated with a labor organization, or employer group, or other nonprofit entity, may apply for an Occupational Safety and Health Grant as provided in ORS 654.189 and 654.191, and in accordance with OAR 437-001-0800 through 437-001-0810. (3) An applicant for a grant shall submit the grant application during the period of time specified in the application procedure. An application shall be in writing on the application forms and procedures provided by the Division and shall contain at a minimum: (a) The name, address, and telephone number of each applicant; (b) The name address, and telephone number of the project director; (c) The amount of the request; (d) An impact statement including the type and number of employees or employers targeted; the problem to be addressed, and the impact the project will have on occupational safety and health in Oregon; (e) A description of the manner in which the grant will be used, including: (A) Anticipated financial expenditures; (B) A developmental plan that states goals and how they will be accomplished; (C) Proposed completion date; (D) Proposed in-kind services; (E) Targeted audience; and (F) Intended measurement of results; and (f) Any other information included in the application forms and procedures. 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 3-1989, f. & cert. ef. 12-1-89
437-001-0805 Application Review (1) The Division shall review all applications and request any additional information needed to assure applications are relevant and complete. (2) After an application is determined to be complete and in compliance with the intended goals of the program by the Division, it shall be forwarded to the Safe Employment Education and Training Advisory Committee (SEETAC) for review and possible recommendation for grant approval. (3) In reviewing grant applications for possible recommendations for approval to the Director, the committee shall consider at least the following elements: (a) The amount of available funds in the Occupational Safety and Health Grant account; (b) The impact statement details; (c) The innovativeness of the grant request; (d) The feasibility of the developmental plan; (e) The amount of in-kind services; (f) The stability of other funding sources; and (g) The administrative costs and/or responsibilities imposed on the Division in connection with the grant project. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 3-1989, f. & cert. ef. 12-1-89
437-001-0810 Grant Awards (1) The Division shall notify applicants, in writing, of the approval or disapproval of the grant request. (2) The applicant shall execute documents required by the Division for evidence of the type and amount of grant given, performance criteria, and reporting requirements, and any other terms and conditions agreed to in connection with the awarding of a grant. (3) Grant recipients shall make available to the Division all records and materials necessary to monitor the grant award. (4) If the terms and conditions under which the grant was approved are not met, the Division may, upon written notice, take one or more of the following actions: (a) Immediately revoke approval of the use of Occupational Safety and Health Grant funds; or (b) Require repayment of all or a portion of any funds advanced; or (c) Any other appropriate legal action necessary. 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 3-1989, f. & cert. ef. 12-1-89
437-001-0830 Authority for Rules The Director has adopted OAR 437-001-0830 through 437-001-0895 under authority of ORS 656.622(9) and 656.726(3). Statutory/Other Authority: ORS 656.622(9) & 656.622 Statutes/Other Implemented: ORS 656.622 History: OSHA 7-1999, f. & cert. ef. 7-15-99
437-001-0835 Purpose of Rules These rules explain what assistance is available from the Worksite Redesign Program, who is qualified and how to receive assistance. The department may solicit applications for worksite redesign grants and product grants in order to prevent the recurrence of on-the-job injuries and illnesses. Statutory/Other Authority: ORS 656.622(9) & 656.622 Statutes/Other Implemented: ORS 656.622 History: OSHA 7-1999, f. & cert. ef. 7-15-99
437-001-0840 Applicability of Rules These rules apply to all requests for Worksite Redesign Program assistance received by the department on or after the effective date of these rules. Worksite Redesign Program assistance shall only be provided in Oregon. Statutory/Other Authority: ORS 656.622(9) & 656.622 Statutes/Other Implemented: ORS 656.622 History: OSHA 7-1999, f. & cert. ef. 7-15-99
437-001-0845 Definitions (1) “Applicant” means the employer, employer group, employee group, educational association or educational institution which applies for a grant. An employer group or employee group may be created for the sole purpose of applying for and administering a worksite redesign grant. (2) “Committee” means the Application Review Committee. Committee members are appointed by the director. The Committee recommends approval or disapproval of worksite redesign grants to the director. (3) “Employer” means an Oregon employer within the meaning of the Workers’ Compensation Law. (4) “Fund” means the Workers’ Benefit Fund. (5) “Grant Agreement” means the contract between the department and the grantee following department approval of the application for a worksite redesign grant. (6) “Grant product” means the workplace solution developed from an approved grant agreement to minimize workplace hazards. (7) “OR-OSHA” means the OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION. (8) “Product grant” means the amount of funding awarded an employer for the purchase of a grant product. (9) “Worksite redesign grant” means a grant for the purpose of performing research and analysis of a workplace problem, and/or development of a solution to a workplace problem in order to prevent or reduce the incidence of on-the-job injuries and illnesses. Statutory/Other Authority: ORS 656.622(9) & 656.622 Statutes/Other Implemented: ORS 656.622 History: OSHA 7-1999, f. & cert. ef. 7-15-99
437-001-0850 Administration of Rules (1) All payments under the Worksite Redesign Program are subject to the availability of funds. The director has final authority to approve/disapprove requests for assistance and to determine how the funds will be disbursed. (2) In addition to approving worksite redesign grants, the director may use the Fund for educational activities to provide information about and encourage application for grants for prevention or reduction of on-the-job injuries and illnesses. (3) Pursuant to ORS 656.622, decisions by the director regarding Worksite Redesign Program assistance may not be reviewed by any court or other administrative body. (4) The following conditions apply to all ideas, concepts, know-how, techniques, processes, methods, inventions, discoveries, developments, innovations and improvements conceived or made by a grantee, a grantee’s employees or a grantee’s contractors resulting from work under a worksite redesign grant: (a) Public use of a new product design. All inventions and copyrightable works arising from work conducted under a worksite redesign grant will be dedicated to the public domain without any limitation on their use by the public. Neither DCBS, nor the grant recipient nor the grantee’s contractors will hold trade secrets as a result of work conducted under a worksite redesign grant. (b) The grantee and its contractors will abandon any and all ideas, concepts, know-how, techniques, processes, methods, inventions, discoveries, developments, innovations and improvements (“inventions”) conceived or made by the grantee, the grantee’s employees, or the grantee’s contractors, whether alone or with others, resulting from work under the grant. The grantee will disclose all such inventions to the department promptly and will provide all assistance reasonably requested by the department to document the abandonment of such Inventions and/or dedication of such Inventions to the public domain. There will be no restriction on the manufacture, use or sale of such inventions by the public. (c) Published works produced by grantee must bear an acknowledgment of support through the use of the following comparable statement: “This material has been made possible by a grant from the Oregon Department of Consumer and Business Services." Statutory/Other Authority: ORS 656.622(9) & 656.622 Statutes/Other Implemented: ORS 656.622 History: OSHA 7-1999, f. & cert. ef. 7-15-99
437-001-0855 Assistance Available under the Worksite Redesign Program Assistance from the Fund will be in the form of grants. Grants will partially fund research and analysis of workplace problems, and/or development of solutions to workplace problems, and /or purchase of grant products. If readily available solutions to the problems have been identified by the applicant or are known to DCBS, the project will not be approved. However, if during the research phase of a funded project a previously unknown solution is found, the grant agreement may be amended to permit purchase and evaluation of the new-found solution. Statutory/Other Authority: ORS 656.622(9) & 656.622 Statutes/Other Implemented: ORS 656.622 History: OSHA 7-1999, f. & cert. ef. 7-15-99
437-001-0865 Procedure to Use the Worksite Redesign Program (1) An applicant must submit a complete, written application in the form and format prescribed by the director. (2) The department may provide education and consultation to potential applicants, applicants and grantees. Statutory/Other Authority: ORS 656.622(9) & 656.622 Statutes/Other Implemented: ORS 656.622 History: OSHA 7-1999, f. & cert. ef. 7-15-99
437-001-0870 Application Review (1) Upon receipt of an application, the department may authorize consultation services provided by consultants under contract. (2) The department will review applications and prepare staff reports for Committee review. (3) After department review, the worksite redesign grant application and corresponding staff report will be forwarded to the Committee for review. (4) In reviewing worksite redesign grant applications, the Committee will consider the following elements: (a) Program eligibility criteria; (b) Funding limitations established by the director; (c) The funding priorities established by the department; (d) The quality review criteria established by the department; (e) The staff report provided by the department; (f) Feasibility and appropriateness to recommend approval for an employer who is negotiating sale or merger; and (g) Appropriateness to recommend approval for a grant which may result in a reduction in the employer’s labor force. (5) Following completion of a worksite redesign grant, the department may solicit applications for a product grant. Statutory/Other Authority: ORS 656.622(9) & 656.622 Statutes/Other Implemented: ORS 656.622 History: OSHA 7-1999, f. & cert. ef. 7-15-99
437-001-0875 Grant Awards (1) The department or its designee will notify applicants, in writing, of the approval or disapproval of the grant request. (2) The applicant must provide reports and documentation relating to the grant and the terms and conditions agreed to in connection with the grant. (3) Grant recipients must make available to the department all records and materials necessary to monitor a grant. (4) Upon approval of the worksite redesign grant application, the department will authorize funding, to include disbursement intervals, in accordance with the conditions agreed upon in the approved grant agreement. (5) Upon approval of the product grant application, the department will authorize funding for the product. Statutory/Other Authority: ORS 656.622(9) & 656.622 Statutes/Other Implemented: ORS 656.622 History: OSHA 7-1999, f. & cert. ef. 7-15-99
437-001-0880 Program Evaluation (1) The director or designee will conduct studies to evaluate the Worksite Redesign Program’s success in precluding on-the-job injuries. Findings of such studies will be presented to the Management/Labor Advisory Committee. (2) Grantees may be required to conduct studies to evaluate the success of the worksite redesign at their establishment. The studies will be conducted in a manner agreed upon with the department. Statutory/Other Authority: ORS 656.622(9) & 656.622 Statutes/Other Implemented: ORS 656.622 History: OSHA 7-1999, f. & cert. ef. 7-15-99
437-001-0885 Audits (1) Applicants selected for funding are subject to periodic program and fiscal audits. (2) The grantee must maintain case files, notices, records, reports, receipts and canceled checks or payment verification documenting use of any and all Worksite Redesign Program funds as well as funds the grantee commits to an approved Worksite Redesign Program grant project. These records must be maintained for a period of 6 years after the last grant disbursement. (3) The department reserves the right to visit the worksite to determine compliance with the Worksite Redesign Program agreement. Statutory/Other Authority: ORS 656.622(9) & 656.622 Statutes/Other Implemented: ORS 656.622 History: OSHA 7-1999, f. & cert. ef. 7-15-99
437-001-0890 Sanctions If the director finds any violation of OAR 437-001-0850, 437-001-0860, 437-001-0875, 437-001-0885, or if the terms and conditions under which the agreement was approved are not met, the director may take one or more of the following actions: (1) Immediately revoke approval of the use of the Worksite Redesign Program funds; (2) Require repayment of all or a portion of any funds disbursed; (3) Prohibit the employer, employer group, employee group, educational association, or educational institution from receiving additional grants for a period of up to 3 years; and (4) Use any other legal action necessary. Statutory/Other Authority: ORS 656.622(9) & 656.622 Statutes/Other Implemented: ORS 656.622 History: OSHA 7-1999, f. & cert. ef. 7-15-99
437-001-0895 Issuance/Service of Sanction Orders (1) When a sanction is invoked as provided by OAR 437-001-0890, the Division shall serve an order on the party, with a notice of the rights provided under ORS 654.078. (2) An order will be served upon the grantee or their registered agent by certified mail or in person. Statutory/Other Authority: ORS 656.622(9) & 656.622 Statutes/Other Implemented: ORS 656.622 History: OSHA 7-1999, f. & cert. ef. 7-15-99