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 437-001-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions shall apply to OAR 437, unless the
				context requires otherwise:
(1)
			 Abatement - Action by an employer to comply with a cited violation of the
			 Oregon Safe Employment Act.
(2)
			 Accepted disabling claims - Claims accepted for disabling occupational injuries
			 or illnesses only. A disabling injury or illness entitles the worker to
			 compensation for disability or fatality. This type of claim excludes temporary
			 total disability suffered during the first three calendar days after the
			 employee leaves work as a result of the injury unless the worker is an
			 inpatient in a hospital.
(3)
			 Accepted disabling claims rate - The ratio of accepted disabling claims to
			 annual average employment, times 100. Claims and employment figures are based
			 upon the best knowledge of the Department at the time the rate is calculated
			 (ADCR = Number of claims times 100 divided by the number of
			 employees).
(4) Act - The Oregon
			 Safe Employment Act (ORS
			 654.001 to
			 654.295,
			 654.750 to
			 654.780, and
			 654.991).
(5) Administrator - The Administrator of the
			 Oregon Occupational Safety and Health Division (Oregon OSHA).
(6) Affected employee - An employee who, in
			 the course and scope of employment, may be or may have been exposed to a
			 condition or practice described in a citation, order, application for an
			 extension date, or variance.
(7)
			 Agent of the employer - Any supervisor or person in charge or control of the
			 work or place of employment including, but not limited to, any manager,
			 superintendent, foreperson, or lead worker.
(8) Appeal - A written request for a hearing
			 to contest a citation, notice or order, a proposed assessment of civil penalty,
			 and the period of time fixed for correction of a violation, or any of these, by
			 filing with Oregon OSHA, within 30 days after receipt of the citation, notice
			 or order, a written request for a hearing before the Workers' Compensation
			 Board. Such a request need not be in any particular form, but must specify the
			 alleged violation that is contested and the grounds upon which the employer
			 considers the citation or proposed penalty or correction period unjust or
			 unlawful.
(9) Audiometric zero -
			 The lowest sound pressure level that the average young adult with normal
			 hearing can hear.
(10) Board - The
			 Workers' Compensation Board created by ORS
			 656.712.
(11) Catastrophe - An accident in which two
			 or more employees are fatally injured, or three or more employees are admitted
			 to a hospital or to an equivalent medical facility.
(12) Citation - A document issued by Oregon
			 OSHA according to ORS
			 654.071 to cite a violation. A
			 citation may include a notice of penalty and a correction order.
(13) Complaint - A written or oral report
			 from an employee, employee representative, or other person that an occupational
			 safety or health violation may exist at a place of employment. A complaint may
			 be classified as one of the following:
(a)
			 Imminent danger.
(b)
			 Serious.
(c) Other than
			 serious.