reglab/statecodes huggingface dataset:
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 437-001-0250 - Extension of Correction Date - Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
The Administrator may, for good cause, revoke an extension of
				correction date.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS
				  654.295
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 437-001-0251 - Extension of Correction Date - Hearing on the Application

Current through Register Vol. 63, No. 7, July 1, 2024
Affected employees or the employee representative shall be
				given the opportunity to request a hearing on an application for an extension
				of the correction date:
(1) Requests
			 for hearings shall be made in the following manner:
(a) The request shall be made within ten (10)
			 days of posting the application;
(b) A request shall be made to the
			 Administrator and shall contain:
(A) A
			 concise statement of facts showing how the employee(s) would be affected by the
			 extension of correction date;
(B) A
			 statement opposing the extension of the correction date and a concise summary
			 of the evidence supporting the opposition; and
(C) Any views or arguments on any issue of
			 fact or law presented.
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 437-001-0255 - Requesting an Appeal and an Informal Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to appeal a citation, a written
			 request for appeal must be filed with the Department of Consumer and Business
			 Services and must be directed to Oregon OSHA at 350 Winter St. NE, Room 300,
			 Salem, Oregon 97301, or with any permanently staffed office of the Workers'
			 Compensation Board or Oregon OSHA. The appeal must be filed within 30 days of
			 receiving a citation, notice, or order, if the employer intends to contest any
			 proposed assessment of civil penalty, the time fixed for correction of a
			 violation, or the violative condition cited. The request must clearly state the
			 item(s) to be contested. An employee appeal of the time fixed for correction of
			 a violation must also be filed within 30 days of the employer's receipt of the
			 citation, notice, or order.
(2) An
			 informal conference may be requested by either the employer or employee and
			 used to discuss informally with Oregon OSHA, any matter affecting occupational
			 safety and health in the place of employment including, but not limited to:
(a) Clarify statements of observed
			 violations;
(b) Discuss safety and
			 health requirements;
(c) Discuss
			 abatement dates;
(d) Explain the
			 penalty system;
(e) Improve
			 employer/employee understanding of the Oregon Safe Employment Act;
(f) Correct errors;
(g) Narrow issues, or
(h) Negotiate a settlement agreement with an
			 employer to resolve disputed citations that have not become a final order.
			 Notwithstanding any other rule in this division, proposed civil penalties may
			 be reduced as part of a settlement agreement resolving disputed
			 claims.
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 437-001-0265 - Amendment, Reissue or Withdrawal of Citation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Division identifies an error or
			 errors in the citation, the Administrator may, for good cause, amend, reissue
			 or withdraw a citation provided:
(a) Such
			 action will not reduce the occupational safety and health protection of
			 affected employees;
(b) No appeal
			 has been filed with the Board to contest the citation;
(c) The time for filing an appeal has not
			 expired; and
(d) The employee
			 representative, if any, has been notified of the proposed amendment.
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 437-001-0270 - Discretion To Prevent a Manifest Injustice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To prevent a manifest injustice, the
			 Administrator, at the Administrator's own discretion, or upon request from the
			 Division or an adversely affected person, may vacate or amend a Division
			 citation, notice, or order.
(2) If
			 the Administrator proposes to vacate or amend a Division citation, notice, or
			 order, an opportunity to be heard will be given to persons, including affected
			 employees, whose rights may be affected.
(3) All requests for reconsideration based on
			 a manifest injustice shall contain a statement indicating the following:
(a) The request has been posted as required
			 by OAR 437-001-0275(2);
(b) The
			 request has been served on the authorized representative of affected employees,
			 if appropriate;
(c) The date the
			 request was posted or service was made; and
(d) All affected employees have been advised
			 of their right to comment.
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 437-001-0275 - Posting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Where
			 OAR 437, Division 1, requires an employer to inform affected employees by
			 posting, copies of the unedited notice or other document shall be posted
			 promptly upon receipt in one or more places where it will readily be observable
			 by affected employees (for example, a location where employees report each day
			 or at a location from which the employees operate to carry out their
			 activities).
(2) The following
			 documents shall be posted as specified:
(a)
			 The Safety and Health Protection on the Job poster shall be posted
			 permanently;
(b) A copy of any
			 citation received by the employer shall be posted for three days or until the
			 violation(s) is corrected, whichever occurs last;
(c) A copy of any amendment or withdrawal of
			 a citation shall be posted with the original citation for three days or until
			 the violation(s) is corrected, whichever occurs last;
(d) A copy of any notice of extension of
			 correction date shall be posted until the violation(s) is corrected;
(e) A copy of any settlement shall be posted
			 for ten days or until all violations have been corrected, whichever occurs
			 last;
(f) A copy of any Notice of
			 Hearing issued by the Hearings Division shall be posted until the hearing
			 date;
(g) A copy of the variance
			 application shall be posted until a final variance order is issued and
			 posted;
(h) A copy of any variance
			 order shall be posted for 20 days;
(i) A copy of any interim order relating to a
			 variance shall be posted as long as it is in effect;
(j) A copy of any request for extension of
			 correction date shall be posted until the Administrator informs the employer
			 the extension has been granted or denied;
(k) A copy of a request for reconsideration
			 of a citation, notice, or order under the manifest injustice provision of OAR
			 437-001-0270  shall be posted along with the citation until the request has been
			 granted or denied; and
(l) A copy
			 of any feasibility determination relating to engineering controls shall be
			 posted for 20 days for review by employees.
(m) A Field Sanitation Notice (available from
			 the Department of Consumer and Business Services, Oregon OSHA) shall be posted
			 permanently by affected employers engaged in the production of food crops
			 intended for human consumption. (See OAR chapter 437, division 4, Agriculture,
			 OAR 437-004-0110(8)).
(n) An
			 informational notice of the farm worker camp registration provided by the
			 Department.
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 437-001-0280 - Posting on Selected Multi-Employer Jobsites

Current through Register Vol. 63, No. 7, July 1, 2024
At a multi-employer jobsite, the owner or the owner's
				designated prime contractor may be directed to post a notice in a conspicuous
				manner in a sufficient number of locations throughout the jobsite to reasonably
				inform the Compliance Officer and the affected employees of the
				following:
(1) The name and usual
			 jobsite location of each employer and employer representative, on each work
			 shift, who is designated to accompany the Compliance Officer during a safety or
			 health inspection of the jobsite; and
(2) The employee's right to report a hazard
			 to the employer's designated representative.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS
				  654.295
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 437-001-0285 - Form and Content of a Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
Any person may complain to the Administrator of possible
				violations of any statute or of any lawful regulation, rule, standard, or order
				affecting employee safety or health at a place of employment. A complaint,
				whether oral or written, should specify:
(1) The name of the employer;
(2) The location of the place of
			 employment;
(3) Where the condition
			 or practice occurs in the place of employment;
(4) The nature and frequency of the
			 hazard;
(5) The number of employees
			 affected by the condition or practice;
(6) The way in which the complainant is
			 affected by the condition or practice; and
(7) Whether the complainant desires the
			 complainant's name and address to be kept confidential.
Statutory/Other Authority: ORS
				  654.025(2)
				  & 656.726(4)
Statutes/Other Implemented: ORS
				  654.001-654.295
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 437-001-0290 - Division Action on Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 At the complainant's request, in writing, their identity shall be kept in
			 confidence. Any employee of the Department who fails to maintain that
			 confidence is subject to disciplinary action.
(2) Complaint inspections shall be scheduled
			 as provided for in OAR
			 437-001-0055(3).
(3) Any person making a complaint to the
			 Division shall receive written notice of the Division's action if the
			 complainant's address is provided.
(4) Any complainant who feels that the
			 complaint was not adequately investigated by the Division may contact the
			 Administrator for a review of the matter.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS
				  654.295
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 437-001-0295 - Discrimination Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employee or
			 prospective employee may file a complaint as provided in ORS
			 654.062(5) if
			 the employee believes discrimination has occurred because:
(a) The employee opposed a practice forbidden
			 by, or engaged in a practice provided for, in the Oregon Safe Employment Act;
			 or
(b) The employee refused in good
			 faith to be subjected to imminent danger provided the employer refused to
			 correct the hazard or it was not possible to notify the employer of the danger
			 and the employee has notified Oregon OSHA or other appropriate agency, of the
			 hazard, unless excused on the basis of insufficient time or opportunity as
			 stated in OAR 839-003-0025, Bureau of Labor and Industries rules.
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 437-001-0400 - Application for a Variance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 employer may apply for a variance from any rule which specifically affects
			 working conditions. This application may be submitted:
(a) On a form provided by Oregon OSHA;
			 or
(b) In any written form that
			 includes all information required by OAR 437-001-0400(2) and (3).
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 437-001-0405 - Interim Order Relating to a Variance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer applying for a variance may
			 request an interim order to be effective until final action is taken on the
			 variance application. The request for an interim order:
(a) May be included in the variance
			 application;
(b) Must include all
			 information required by OAR
			 437-001-0400(2);
			 and
(c) Must state the reasons why
			 the interim order should be granted.
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 437-001-0410 - Administrative Action on Variance Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After a variance request is determined to
			 be complete and procedurally adequate, as provided in OAR
			 437-001-0400,
			 Oregon OSHA will publish the request for one day in at least one daily
			 newspaper with general circulation throughout Oregon. The notice will include:
(a) The name of the applicant;
(b) The rule, also identified by number, from
			 which the variance is sought;
(c) A
			 brief description of the variance request;
(d) Notice of opportunity for public comment
			 and hearing;
(e) Information on how
			 interested persons may learn of Oregon OSHA's decision on the variance
			 application; and
(f) The address of
			 the Oregon OSHA office from which further information may be
			 obtained.
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 437-001-0411 - Hearings for Variance Applications

Current through Register Vol. 63, No. 7, July 1, 2024
Affected employers or employees will be given the opportunity
				to request a hearing on an application.
(1) Request for hearings must be made in the
			 following manner:
(a) The request must be
			 made within 30 days of publication of the application;
(b) A request must be made to Oregon OSHA and
			 must contain:
(A) A concise statement of
			 facts showing how the employer or employee would be affected by the relief
			 applied for;
(B) A statement
			 opposing any or all portions of the application, and a concise summary of the
			 evidence supporting each item opposed; and
(C) Any views or arguments on any issue of
			 fact or law presented.
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 437-001-0415 - Criteria for Variance Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application for a permanent variance
			 will be granted only if the applicant demonstrates, and Oregon OSHA determines,
			 including consideration of employee or public comments, that the conditions,
			 practices, operations, or processes proposed by the applicant will provide
			 employment that is as safe and healthful as that obtained by compliance with
			 the rule.
(2) An application for a
			 temporary variance will be granted only if the applicant demonstrates, and
			 Oregon OSHA determines, including consideration of employee or public comments,
			 that the applicant is unable to comply with a new rule by its effective date,
			 that the applicant has an effective program for complying with the rule by the
			 agreed upon timetable, and that all available steps are being taken in the
			 interim to safeguard employees against the hazard covered by the
			 rule.
(3) An application for a
			 research variance will be granted only if the applicant demonstrates, and
			 Oregon OSHA determines, including consideration of employee or public comments,
			 that the conditions, practices, operations, or processes used adequately
			 safeguard employees against the hazards covered by the rule, while
			 demonstrating or validating new or improved safety or health techniques or
			 products.
Statutory/Other Authority: ORS
				  654.025(2)
				  & 656.726(4)
Statutes/Other Implemented: ORS
				  654.001-654.295
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 437-001-0420 - Decision on Variance Request

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If a variance is granted, an order of variance will be issued. The order will
			 include:
(a) The name of the employer to whom
			 the variance is granted;
(b) The
			 place of employment where the variance is applicable;
(c) The type of variance granted;
(d) The specific rule to which the variance
			 applies;
(e) The alternative
			 methods or safeguards to be used by the employer while the variance is in
			 effect;
(f) Notice that the
			 employer may be cited for any violation of the conditions established by the
			 variance;
(g) Information of
			 employees' right to appeal the variance decision; and
(h) Information that if no appeal is filed
			 within 30 days of receipt of the order, the variance approval becomes final and
			 subject to review only as specified in OAR
			 437-001-0430.
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 437-001-0425 - Employer's Duty to Meet Variance Terms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A variance is not effective until the
			 employer has complied with its terms and requirements.
(2) An employer may be cited for violating
			 the terms of a variance. (See ORS 654.022)
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS
				  654.295
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 437-001-0430 - Modification or Revocation of a Variance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A variance may be modified or revoked
			 after it has been in effect 6 months or longer upon:
(a) Receiving a request from the employer, an
			 affected employee, or an employee representative containing:
(A) The name and address of the
			 applicant;
(B) A description of the
			 relief which is sought;
(C) A
			 statement setting forth with particularity the grounds for relief;
(D) If the applicant is an employer, a
			 certification that the applicant has informed affected employees of the
			 application by:
(i) Giving a copy to their
			 authorized representative;
(ii)
			 Posting at the place or places where notices to employees are normally posted,
			 a statement giving a summary of the application and specifying where a copy of
			 the full application may be examined (or, in lieu of the summary, posting the
			 application itself); and
(iii)
			 Other appropriate means.
(E) If the applicant is an affected employee,
			 they must provide a copy of the application to the employer; and
(F) Any request for a hearing, as provided
			 for in these rules.
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 437-001-0435 - Effect of a Variance Granted by the U.S. Secretary of Labor

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS
				  654.001-654.295
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 437-001-0450 - Voluntary Compliance Consultative Services

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS
				  654.295
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 437-001-0455 - Application for Consultative Services

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS
				  654.295
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 437-001-0460 - Consultation

Current through Register Vol. 63, No. 7, July 1, 2024
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.
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 437-001-0700 - Recording Workplace Injuries and Illnesses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. This rule requires employers to
			 record work-related fatalities, injuries, and illnesses.
Note: Recording a work-related injury, illness, or fatality
				does not assign fault to anybody, does not prove the violation of an OSHA rule,
				and does not establish the employee's eligibility for workers' compensation or
				other benefits.
(2) Scope.
			 This standard covers all employers covered by the Oregon Safe Employment Act,
			 except for the exemptions below.
(3) Exemptions.
(a) If your company never had more than ten
			 (10) employees during the last calendar year, including temporary employees,
			 you do not need to keep Oregon OSHA injury and illness records unless the
			 Director informs you in writing that you must keep records. The exemption for
			 size is based on the number of employees in the entire company within the state
			 of Oregon.
(b) If your company had
			 more than ten (10) employees at any time during the last calendar year, you
			 must keep Oregon OSHA injury and illness records unless your business is in a
			 specific low hazard retail, service, finance, insurance, or real estate
			 industry in Table 1. If so, you do not need to keep Oregon OSHA injury and
			 illness records unless the government asks you to keep the records under
			 437-001-0700(22).
(c) If one or
			 more of your company's establishments are classified in a nonexempt industry,
			 you must keep Oregon OSHA injury and illness records for all of such
			 establishments unless your company is exempted because of size under
			 437-001-0700(3)(a). If a company has several business establishments engaged in
			 different classes of business activities, some of the company's establishments
			 may be required to keep records, while others may be exempt.
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 437-001-0704 - Reporting Fatalities, Catastrophes, Injuries and Illnesses to Oregon OSHA

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. This
			 rule requires employers to report certain work-related fatalities, injuries,
			 and illnesses.
NOTE: Reporting a work-related injury, illness, or fatality
				does not assign fault to anybody, does not prove the violation of an OSHA rule,
				and does not establish the employee's eligibility for workers' compensation or
				other benefits.
(2) Scope.
			 This standard covers all employers covered by the Oregon Safe Employment
			 Act.
(3) You must report fatalities
			 and catastrophes to Oregon OSHA only in person or by telephone within 8 hours
			 of occurrence or employer knowledge (reported to you or any of your agents) of
			 a fatality or catastrophe:
(a) Fatalities. You
			 must report all work-related fatalities. You must report all fatalities caused
			 by a heart attack at work. Report a fatality only if death occurs within 30
			 days of the incident.
NOTE: Work-related fatalities include those caused by a motor
				vehicle accident that happens during the employee's work shift.
(b) Catastrophe. A catastrophe is
			 an incident in which two or more employees are fatally injured, or three or
			 more employees are admitted to a hospital or an equivalent medical facility
			 (for example, a clinic) as a result of the same incident.
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 437-001-0706 - Recordkeeping for Health Care Assaults

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
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 437-001-0740 - Falsification or Failure to Keep and Post Records or Make Reports

Current through Register Vol. 63, No. 7, July 1, 2024
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
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 437-001-0742 - Recordkeeping Variances and Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.120(2) & ORS
				  654.120(5)
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 437-001-0744

Current through Register Vol. 63, No. 7, July 1, 2024
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  654.025(2),
				  ORS
				  654.035,
				  ORS
				  656.726(4)
				  & ORS
				  654.025(3)(a)
Statutes/Other Implemented: ORS
				  654.001 through
				  654.295
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 437-001-0760 - Rules for All Workplaces

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Employers' Responsibilities.
(a) The employer
			 must see that workers are properly instructed and supervised in the safe
			 operation of any machinery, tools, equipment, process, or practice that they
			 are authorized to use or apply. This rule does not require a supervisor on
			 every part of an operation nor prohibit workers from working alone.
(b) The employer must take all reasonable
			 means to require employees:
(A) To work and
			 act in a safe and healthful manner;
(B) To conduct their work in compliance with
			 all applicable safety and health rules;
(C) To use all means and methods, including
			 but not limited to, ladders, scaffolds, guardrails, machine guards, safety
			 belts, and lifelines, that are necessary to safely accomplish all work where
			 employees are exposed to a hazard; and
(D) Not to remove, displace, damage, destroy,
			 or carry off any safety device, guard, notice, or warning provided for use in
			 any employment or place of employment while such use is required by applicable
			 safety and health rules.
(c) Every employer is responsible for
			 providing the health hazard control measures necessary to protect the
			 employees' health from harmful or hazardous conditions and for maintaining such
			 control measures in good working order and in use.
(d) Every employer must inform the employees
			 regarding the known health hazards to which they are exposed, the measures
			 which have been taken for the prevention and control of such hazards, and the
			 proper methods for utilizing such control measures.
(e) Every agent of the employer is
			 responsible for:
(A) The safe performance of
			 the work under the agent's supervision or control;
(B) The safe conduct of all employees under
			 the agent's supervision or control;
(C) The safety of all employees working under
			 the agent's supervision or control.
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 437-001-0800 - Application Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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 437-001-0805 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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 437-001-0810 - Grant Awards

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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 437-001-0830 - Authority for Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Director has adopted OAR
				437-001-0830 through
				437-001-0895 under authority of ORS 656.622(9) and ORS 656.726(3).
Stat. Auth.: ORS 656.622(9) & ORS 656.622
Stats. Implemented: ORS
				  656.622
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 437-001-0835 - Purpose of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 656.622(9) & ORS 656.622
Stats. Implemented: ORS
				  656.622
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 437-001-0840 - Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 656.622(9) & ORS 656.622
Stats. Implemented: ORS
				  656.622
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 437-001-0845 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 656.622(9) & ORS 656.622
Stats. Implemented: ORS
				  656.622
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 437-001-0850 - Administration of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(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."
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 437-001-0855 - Assistance Available under the Worksite Redesign Program

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 656.622(9) & ORS 656.622
Stats. Implemented: ORS
				  656.622