Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 1 - RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT › Section 437-001-0057 - Scheduling Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
The following rules are intended to predominantly focus
				enforcement activities on the places of employment that the director reasonably
				believes to be the most unsafe.
(1)
			 The Division will schedule programmed inspections according to a priority
			 system based on written neutral administrative standards.
(2) The Division will identify the most
			 hazardous industries and places of employment through information obtained from
			 the Department of Consumer and Business Services claim and employer files, the
			 Bureau of Labor Statistics Occupational Injury and Illness Survey, the Bureau
			 of Labor Statistics Census of Fatal Occupational Injuries, the Oregon
			 Employment Department, and knowledge of recognized safety and health hazards
			 associated with certain processes. Health hazards include carcinogens, lead,
			 silica, toxic metals and fumes, vapors or gases, toxic or highly corrosive
			 liquids or chemicals, chemical sensitizers, pesticides, fungicides, solvents,
			 harmful physical stress agents, and biological agents.
(3) Scheduling lists will be provided by the
			 Division to its field offices, at least annually.
Note: An employer will be exempt from any scheduled inspection
				generated by a list for a fixed site from seven days prior to the scheduled
				date of an Oregon OSHA consultation to 60 days after receipt of the written
				consultation report.
Note: An employer will be exempt from any scheduled inspection
				generated by a list for a construction, forest activities, or Agriculture Labor
				Housing site from seven days prior to the scheduled date of an Oregon OSHA
				consultation to 30 days after receipt of the written consultation
				report.
(4) Scheduling
			 Safety Inspections for Fixed Places of Employment.
(a) The scheduling lists are compiled, using
			 an electronic scheduling system, for safety enforcement managers to schedule
			 inspections at fixed places of employment for each compliance officer. Written
			 neutral administrative standards (the seven criteria listed below) are
			 standardized using a statistical weighting method involving t-scores. These
			 weighted scores are averaged across the seven criteria to create a composite
			 score. This composite score is used to determine the position of each industry
			 (using the 4-digit NAICS code) on the list from most to least hazardous. Table
			 1 (attached). Lists are divided into 10 tiers. Places of employment are
			 randomly selected for inspection within each tier using the following
			 percentages whenever a list is generated. The percentages will not be affected
			 by the places of employment excluded in (4)(b) unless the number of exclusions
			 makes it impossible to meet the target percentage. When that occurs, all
			 remaining eligible places of employment will be selected. The scheduling lists
			 will be sorted by field office.
(A) 30 percent
			 of places of employment under the NAICS identified as Tier A.
(B) 25 percent of places of employment under
			 the NAICS identified as Tier B.
(C)
			 20 percent of places of employment under the NAICS identified as Tier
			 C.
(D) 15 percent of places of
			 employment under the NAICS identified as Tier D.
(E) 12.5 percent of places of employment
			 under the NAICS identified as Tier E.
(F) 10 percent of places of employment under
			 the NAICS identified as Tier F.
(G)
			 7.5 percent of places of employment under the NAICS identified as Tier
			 G.
(H) 5 percent of places of
			 employment under the NAICS identified as Tier H.
(I) 2.5 percent of places of employment under
			 the NAICS identified as Tier I.
(J)
			 No more than 0.05 percent of places of employment under the NAICS not otherwise
			 identified in Tiers A through I.