justicedao/ipfs_state_laws huggingface dataset:
437-002-0377 Additional Oregon Rules for Hazard Communication (1) In addition to the provisions of 1910.1200(i)(11), the Oregon Occupational Safety and Health Division shall have the authority under ORS Chapter 654 to issue a subpoena or any protective orders. (2) Agency actions under ORS Chapter 654 and these rules may be enforced by the issuance of additional citations and penalties pursuant to ORS 654.071(4), ORS 654.086(1)(d), or ORS 654.086(3). The Oregon Occupational Safety and Health Division may refer the matter to the Circuit Court in the county in which the proceedings are pending for enforcement of the subpoena. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2012, f. & cert. ef. 9-25-12 OSHA 12-1993, f. 8-20-93, cert. ef. 11-1-93 APD 1-1988, f. & cert. ef. 2-8-88 WCB 6-1984, f. 6-25-84, cert. ef. 11-25-85
437-002-0390 Oregon Effective Dates (1) The effective date for 29 CFR 1910.1450 in Oregon is August 8, 1990. (2) Start up dates in Oregon: (a) Employers shall have developed and implemented a written Chemical Hygiene Plan no later than May 8, 1991; (b) 29 CFR 1910.1450(a)(2) shall not take effect until the employer has developed and implemented a written Chemical Hygiene Plan. NOTE: The Oregon-initiated rule is adopted in place of 1910.1450(k). Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 9-1990, f. 5-8-90, ef. 8-8-90
437-002-1001 Asbestos Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d)(except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1001 Asbestos, to use a respirator. NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Asbestos rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-002-1017 Vinyl Chloride Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii), and (d)(3)(iii)(B)(1) and (2)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1017, Vinyl Chloride, to use a respirator. NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Vinyl Chloride rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-002-1018 Inorganic Arsenic Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1018 Inorganic Arsenic, to use a respirator. NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Inorganic Arsenic rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-002-1025 Lead Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1025 Lead, to use a respirator. NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Lead rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-002-1027 Cadmium Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1027 Cadmium, to use a respirator. NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Cadmium rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-002-1028 Benzene Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii), and (d)(3)(iii)(B)(1) and (2)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1028 Benzene, to use a respirator. NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Benzene rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-002-1029 Coke Oven Emissions Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii), and (d)(3)(iii)(B)(1) and (2)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1029 Coke Oven Emissions, to use a respirator. NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Coke Oven Emissions rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-002-1030 Additional Oregon Rules for Bloodborne Pathogens Every employer with employees that use medical sharps in direct patient care must, at least annually, identify, evaluate, and select engineering and work practice controls, including safer medical devices. (1) This evaluation must involve non-managerial front-line employees responsible for direct patient care. (2) This evaluation must be done on a facility-by-facility basis. When a facility has multiple departments with specific equipment and/or work practice concerns, the evaluation must involve employees from those departments. (3) After a device is evaluated and selected, the employer must make a decision on implementing that device. (a) If a device is not purchased because of employer or employee concerns, those concerns must be documented. However, if the employer does not purchase a device that had employee support, the employer must also document the employee support, as well as the justification for not purchasing that device. (b) If a device is purchased without the consent of the employees who evaluated it, the employer must document the employees’ concerns, as well as the employers’ justification for purchasing that device. (c) All documentation required by 437-002-1030(3) must be kept as part of the written Exposure Control Plan. (4) The employer must ensure that all affected employees are informed on the process for selecting safer medical devices. (5) Employees must be trained in the use of safer medical devices before the employees use those devices. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 10-2001, f. 9-14-01, cert. ef. 10-18-01
437-002-1035 Oregon Rule for Sharps Injury Log The requirement to establish and maintain a sharps injury log applies to any employer who is required to maintain an Exposure Control Plan. The sharps injury log must be maintained for 5 years. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 10-2001, f. 9-14-01, cert. ef. 10-18-01
437-002-1043 Cotton Dust Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii), and (d)(3)(iii)(B)(1) and (2)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1043 Cotton Dust, to use a respirator. NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Cotton Dust rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-002-1044 1,2-Dibromo-3-Chloropropane Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1044 1,2-Dibromo-3-Chloropropane, to use a respirator. NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these 1,2-Dibromo-3-Chloropropane rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-002-1045 Acrylonitrile Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii), and (d)(3)(iii)(B)(1) and (2)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1045 Acrylonitrile, to use a respirator. NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Acrylonitrile rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-002-1047 Ethylene Oxide Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1047 Ethylene Oxide, to use a respirator. NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Ethylene Oxide rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-002-1048 Formaldehyde Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii), and (d)(3)(iii)(B)(1) and (2)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1048 Formaldehyde, to use a respirator. NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Formaldehyde rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-002-1050 Methylenedianiline Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1050 Methylenedianiline, to use a respirator. NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Methylenedianiline rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-002-1051 1,3-Butadiene Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii), and (d)(3)(iii)(B)(1) and (2)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1051 1,3-Butadiene, to use a respirator. NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these 1,3-Butadiene rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-002-1052 Methylene Chloride Respiratory Protection Program The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 2/Z, 1910.1052 Methylene Chloride, to use a respirator. NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Methylene Chloride rules. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.001 - 654.295 History: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12
437-002-1053 Scope and Application This subdivision applies to all occupational exposures to respirable crystalline silica in general industry and construction activities, except for the following: (1) Exposures that result from the processing of sorptive clays. (2) Operations where objective data demonstrates that employee exposures to respirable crystalline silica will remain below 25 micrograms per cubic meter of air (25 µg/m3) as an 8-hour time-weighted average (TWA) under any foreseeable conditions. Statutory/Other Authority: ORS 654.025(2) & 656.726(4). Statutes/Other Implemented: ORS 654.001- 654.295 History: OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18
437-002-1054 Definitions For the purposes of this subdivision the following definitions apply: (1) Action level means a concentration of airborne respirable crystalline silica of 25 μg/m3, calculated as an 8-hour TWA. (2) Competent person means an individual who is capable of identifying existing and foreseeable respirable crystalline silica hazards in the workplace and who has authorization to take prompt corrective measures to eliminate or minimize them. The competent person must have the knowledge and ability necessary to fulfill the responsibilities set forth in this subdivision. (3) Employee exposure means the exposure to airborne respirable crystalline silica that would occur if the employee were not using a respirator. (4) High-efficiency particulate air (HEPA) filter means a filter that is at least 99.97 percent efficient in removing monodispersed particles of 0.3 micrometers in diameter. (5) Objective data means information, such as air monitoring data from industry-wide surveys or calculations based on the composition of a substance, demonstrating employee exposure to respirable crystalline silica associated with a particular product or material or a specific process, task, or activity. The data must reflect workplace conditions closely resembling or with a higher exposure potential than the processes, types of material, control methods, work practices, and environmental conditions in the employer’s current operations. (6) Permissible exposure limit (PEL) means a concentration of airborne respirable crystalline silica of 50 μg/m3, calculated as an 8-hour TWA. (7) Physician or other licensed health care professional (PLHCP) means an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently provide or be delegated the responsibility to provide some or all of the particular health care services required by 437-002-1062. (8) Regulated area means an area, demarcated by the employer, where an employee’s exposure to airborne concentrations of respirable crystalline silica exceeds, or can reasonably be expected to exceed, the PEL. (9) Respirable crystalline silica means quartz, cristobalite, and/or tridymite contained in airborne particles that are determined to be respirable by a sampling device designed to meet the characteristics for respirable-particle size-selective samplers specified in the International Organization for Standardization (ISO) 7708:1995: Air Quality — Particle Size Fraction Definitions for Health-Related Sampling. (10) Specialist means an American Board Certified Specialist in Pulmonary Disease or an American Board Certified Specialist in Occupational Medicine. Statutory/Other Authority: ORS 654.025(2) & 656.726(4). Statutes/Other Implemented: ORS 654.001- 654.295 History: OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18
437-002-1055 Permissible Exposure Limit (PEL) Ensure that no employee is exposed to an airborne concentration of respirable crystalline silica in excess of 50 μg/m3, calculated as an 8-hour time-weighted average (TWA). Statutory/Other Authority: ORS 654.025(2) & 656.726(4). Statutes/Other Implemented: ORS 654.001- 654.295 History: OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18
437-002-1057 Specified exposure control methods This rule lists specific tasks and control measures that do not require an exposure assessment and is only applicable to construction and construction like-activities. (1) Fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, unless you assess and limit the exposure of employees to respirable crystalline silica in accordance with 437-002-1056. (a) When construction employees engage in a task identified on Table 1 of this rule, the exposure assessment in 437-002-1056 is not required when the engineering controls, work practices, and respiratory protection specified are fully and properly implemented for the tasks listed on Table 1 of this rule. (b) The exposure assessment required by 437-002-1056 is not required when non-construction employees, such as building maintenance personnel, engage in a construction-like task, which when performed: (A) Is indistinguishable from a construction task listed on Table 1; and (B) The task will not be performed regularly in the same environment and condition; and (C) The engineering controls, work practices, and respiratory protection specified are fully and properly implemented for the task on Table 1 of this rule. (2) When using wet methods, apply water at flow rates sufficient to minimize the release of visible dust. (3) For measures that include an enclosed cab or booth, ensure that the enclosed cab or booth: (a) Is maintained as free as practicable from settled dust; (b) Has door seals and closing mechanisms that work properly; (c) Has gaskets and seals that are in good condition and working properly; (d) Is under positive pressure maintained through continuous delivery of fresh air; (e) Has intake air that is filtered through a filter that is 95% efficient in the 0.3-10.0 µm range (e.g., MERV-16 or better); and (f) Has heating and cooling capabilities. (4) Where an employee performs more than one task in Table 1 during the course of a shift, and the total duration of all tasks combined is more than four hours, the required respiratory protection for each task is the respiratory protection specified for more than four hours per shift. If the total duration of all tasks in Table 1 combined is less than four hours, the required respiratory protection for each task is the respiratory protection specified for less than four hours per shift. [ED. NOTE: Tables referenced are available from the agency.] [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 654.001- 654.295 History: OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18
437-002-1058 Regulated and Restricted Access Areas This rule applies to fixed site regulated areas and restricted access areas for construction activities. (1) Regulated areas at fixed sites. (a) Establishment. Establish a regulated area wherever an employee’s exposure to airborne concentrations of respirable crystalline silica is, or can reasonably be expected to be, in excess of the PEL. (b) Demarcation. Demarcate regulated areas from the rest of the workplace in a manner that minimizes the number of employees exposed to respirable crystalline silica within the regulated area. Post signs at all entrances to regulated areas that bear the following legend. DANGER RESPIRABLE CRYSTALLINE SILICA MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS WEAR RESPIRATORY PROTECTION IN THIS AREA AUTHORIZED PERSONNEL ONLY (c) Access. Limit access to regulated areas to: (A) Persons authorized by the employer and required by work duties to be present in the regulated area; (B) Any person entering such an area as a designated representative of employees for the purpose of exercising the right to observe monitoring procedures under 437-002-1056; and (C) Any person authorized by the Occupational Safety and Health Act or regulations issued under it to be in a regulated area. (d) Provision of respirators. Provide each employee and the employee’s designated representative entering a regulated area with an appropriate respirator in accordance with 437-002-1060 and require each employee and the employee’s designated representative use the respirator while in a regulated area. (2) Restricted access for construction activities. For employers engaged in construction activities or using the specific exposure control methods in 437-002-1057; (a) Written procedures. Develop and implement written procedures to restrict access to work areas, when necessary, to minimize the number of employees exposed to respirable crystalline silica and their level of exposure, including exposures generated by other employers or sole proprietors. Procedures must be part of the written exposure control plan required by 437-002-1059(2). (b) Competent person. Designate a competent person to ensure the procedures are followed. Statutory/Other Authority: ORS 654.025(2) & 656.726(4). Statutes/Other Implemented: ORS 654.001- 654.295 History: OSHA 3-2018, minor correction filed 07/02/2018, effective 07/02/2018 OSHA 5-2016, f. 9-23-16, cert. ef. 7-1-18