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 437-001-0765 - Safety Committees and Safety Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
This rule requires employers to establish and administer a
				safety committee, or to hold safety meetings, to communicate and evaluate
				safety and health issues. Purpose: The purpose of safety committees and safety
				meetings is to bring workers and management together in a non-adversarial,
				cooperative effort to promote safety and health. Safety committees and safety
				meetings will assist you in making continuous improvement to your safety and
				health programs. Scope: This rule applies to public or private employers in
				Oregon subject to Oregon OSHA jurisdiction, except as listed below. You do not
				have to comply with this rule if you are: The sole owner and only employee of a
				corporation; A member of a board or commission and do not participate in the
				day-to-day activities of the company. You are not considered an employee for
				purposes of this rule. Engaged in agricultural activities covered by Division
				4, Subdivision C. Engaged in forest activities covered by Division 7,
				Subdivisions B and C. Division 2, Subdivision L OAR 437-002-0182(7)  requires
				employers engaged in fire service activities to establish a separate fire
				service safety committee or opt for safety meetings if they meet the criteria
				in the following table. You can choose a committee or meetings.
(1) You must establish and administer an
			 effective safety committee or hold effective safety meetings as defined by
			 these rules: Table 1 (attached). Safety Committees
(2) If you have 20 or fewer employees you
			 must have at least 2 members. If you have more than 20 employees you must have
			 at least 4 members.
(3) You must
			 have an equal number of employer-selected members and employee-elected or
			 volunteer members. If both parties agree, the committee may have more
			 employee-elected or volunteer members.
NOTE: Management can select a supervisor to represent them.
				Employees can elect a supervisor to represent them.
(4) Your safety committee members must: Have
			 a majority agree on a chairperson. Serve a minimum of one year, when possible.
			 Be compensated at their regular rate of pay. Have training in the principles of
			 accident and incident investigations for use in evaluating those events. Have
			 training in hazard identification. Be provided with meeting minutes. Represent
			 major activities of your business.
(5) Your safety committee must meet on
			 company time as follows: Quarterly in situations where employees do mostly
			 office work. Monthly for all other situations (except the months when quarterly
			 worksite inspections are performed).
(6) You must keep written records of each
			 safety committee meeting for three years that include: Names of attendees.
			 Meeting date. All safety and health issues discussed, including tools,
			 equipment, work environment, and work practice hazards. Recommendations for
			 corrective action and a reasonable date by which management agrees to respond.
			 Person responsible for follow up on any recommended corrective actions. All
			 reports, evaluations, and recommendations made by the committee.
(7) Your safety committee must establish
			 procedures for conducting workplace safety and health inspections. Persons
			 trained in hazard identification must conduct inspections as follows: Table 2
			 (attached).
(8) In addition to the
			 above requirements, your safety committee must: Work with management to
			 establish, amend, or adopt accident investigation procedures that will identify
			 and correct hazards. Have a system that allows employees an opportunity to
			 report hazards and safety and health related suggestions. Establish procedures
			 for reviewing inspection reports and for making recommendations to management.
			 Evaluate all accident and incident investigations and make recommendations for
			 ways to prevent similar events from occurring. Make safety committee meeting
			 minutes available for all employees to review. Evaluate management's
			 accountability system for safety and health, and recommend improvements.
			 Examples include use of incentives, discipline, and evaluating success in
			 controlling safety and health hazards.
(9) If you have multiple locations, you may
			 choose to have a centralized safety committee. A centralized safety committee
			 must represent the safety and health concerns of all locations and meet the
			 requirements for safety committees. If you rely on a centralized committee, you
			 must also have a written safety and health policy that: Represents management
			 commitment to the committee. Requires and describes effective employee
			 involvement. Describes how the company will hold employees and managers
			 accountable for safety and health. Explains specific methods for identifying
			 and correcting safety and health hazards at each location. Includes an annual
			 written comprehensive review of the committees' activities to determine
			 effectiveness. Safety Meetings
NOTE: Two or more employers at a single location may combine
				resources to meet the intent of these rules.
(10) Safety meetings must: Include all
			 available employees. Include at least one employer representative authorized to
			 ensure correction of safety and health issues. Be held on company time and
			 attendees paid at their regular rate of pay.
(11) Hold safety meetings with the following
			 frequency if: Table 3 (attached).
(12) Safety meetings must include discussions
			 of: Safety and health issues. Accident investigations, causes, and the
			 suggested corrective measures.
(13)
			 Employers in construction, utility work, and manufacturing must document, make
			 available to all employees, and keep for three years a written record of each
			 meeting that includes the following: Hazards related to tools, equipment, work
			 environment, and unsafe work practices identified and discussed during the
			 meeting. The date of the meeting. The names of those attending the meeting. All
			 other employers do not need to keep these records if all employees attend the
			 safety meeting.
(14) If you are a
			 subcontractor on a multi-employer worksite, to meet the intent of (11) through
			 (13), your employees may attend the prime contractor's safety meetings. You may
			 keep the minutes from these meetings as a part of your records to meet the
			 intent of (13). If you choose this option, you must still meet to discuss
			 accidents involving your employees.
(15) Innovation. After you apply, Oregon OSHA
			 may grant approval for safety committees or safety meetings that differ from
			 the rule requirements yet meet the intent of these rules.
(16) Effective Dates. The effective date for
			 compliance with this rule is January 1, 2009. For employers with 10 or fewer
			 employees, other than those in construction, the effective date is September
			 19, 2009.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  654.025(2)
				  & 656.726(4)
Statutes/Other Implemented: ORS
				  654.176