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 437-001-0860 - Eligibility for Worksite Redesign Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As part of the application, the applicant
			 must have documentation of the workplace problem such as accepted compensable
			 claims, incident reports, OSHA 200 log entries, hazard evaluations, or
			 statistical reports of injuries and illnesses for the industry and/or
			 occupation for which the applicant seeks an ergonomic solution.
(2) An applicant must identify an employer as
			 the research site and/or the recipient of the prototype design or grant
			 product. That designated employer and those employers who apply for a product
			 grant must meet the following eligibility conditions:
(a) The employer has and maintains Oregon
			 workers' compensation insurance coverage as required by law;
(b) Business operations are ongoing and have
			 continued for the three-year period prior to the date the applicant submits the
			 application to the department;
(c)
			 The employer demonstrates financial stability and solvency by providing for the
			 three-year period prior to the date the applicant submits the application one
			 of the following: a letter of evaluation by an independent certified public
			 accounting firm; a letter of credit; tax records; audited profit and loss
			 statements and balance sheets; or audited annual reports. For product grants of
			 less than $10,000, the department may permit an employer to certify financial
			 stability;
(d) The employer has no
			 bankruptcy or receivership action and no judgments for non-payment of
			 wages/debts within the one-year period prior to the date the department
			 receives the application;
(e) At
			 the time the applicant submits the application, the employer has no outstanding
			 OR-OSHA citations at any of the employer's locations or sites with
			 unabated/uncorrected safety or health hazards associated with the equipment or
			 process that is the subject of the application; and
(f) The employer provides information about
			 the employer's early-return-to-work program.
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 437-001-0865 - Procedure to Use the Worksite Redesign Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant must submit a complete,
			 written application in the form and format prescribed by the
			 director.
(2) The department may
			 provide education and consultation to potential applicants, applicants and
			 grantees.
Stat. Auth.: ORS 656.622(9) and 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 437-001-0870 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt
			 of an application, the department may authorize consultation services provided
			 by consultants under contract.
(2)
			 The department will review applications and prepare staff reports for Committee
			 review.
(3) After department
			 review, the worksite redesign grant application and corresponding staff report
			 will be forwarded to the Committee for review.
(4) In reviewing worksite redesign grant
			 applications, the Committee will consider the following elements:
(a) Program eligibility criteria;
(b) Funding limitations established by the
			 director;
(c) The funding
			 priorities established by the department;
(d) The quality review criteria established
			 by the department;
(e) The staff
			 report provided by the department;
(f) Feasibility and appropriateness to
			 recommend approval for an employer who is negotiating sale or merger;
			 and
(g) Appropriateness to
			 recommend approval for a grant which may result in a reduction in the
			 employer's labor force.
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 437-001-0875 - Grant Awards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department or its designee will notify applicants, in writing, of the approval
			 or disapproval of the grant request.
(2) The applicant must provide reports and
			 documentation relating to the grant and the terms and conditions agreed to in
			 connection with the grant.
(3)
			 Grant recipients must make available to the department all records and
			 materials necessary to monitor a grant.
(4) Upon approval of the worksite redesign
			 grant application, the department will authorize funding, to include
			 disbursement intervals, in accordance with the conditions agreed upon in the
			 approved grant agreement.
(5) Upon
			 approval of the product grant application, the department will authorize
			 funding for the product.
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 437-001-0880 - Program Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 director or designee will conduct studies to evaluate the Worksite Redesign
			 Program's success in precluding on-the-job injuries. Findings of such studies
			 will be presented to the Management/Labor Advisory Committee.
(2) Grantees may be required to conduct
			 studies to evaluate the success of the worksite redesign at their
			 establishment. The studies will be conducted in a manner agreed upon with the
			 department.
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 437-001-0885 - Audits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicants
			 selected for funding are subject to periodic program and fiscal
			 audits.
(2) The grantee must
			 maintain case files, notices, records, reports, receipts and canceled checks or
			 payment verification documenting use of any and all Worksite Redesign Program
			 funds as well as funds the grantee commits to an approved Worksite Redesign
			 Program grant project. These records must be maintained for a period of 6 years
			 after the last grant disbursement.
(3) The department reserves the right to
			 visit the worksite to determine compliance with the Worksite Redesign Program
			 agreement.
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 437-001-0890 - Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
If the director finds any violation of OAR
				437-001-0850,
				437-001-0860,
				437-001-0875,
				437-001-0885, or if the
				terms and conditions under which the agreement was approved are not met, the
				director may take one or more of the following actions:
(1) Immediately revoke approval of the use of
			 the Worksite Redesign Program funds;
(2) Require repayment of all or a portion of
			 any funds disbursed;
(3) Prohibit
			 the employer, employer group, employee group, educational association, or
			 educational institution from receiving additional grants for a period of up to
			 3 years; and
(4) Use any other
			 legal action necessary.
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 437-001-0895 - Issuance/Service of Sanction Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When a sanction is invoked as provided by OAR
			 437-001-0890, the
			 Division shall serve an order on the party, with a notice of the rights
			 provided under ORS 654.078.
(2) An
			 order will be served upon the grantee or their registered agent by certified
			 mail or in person.
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 437-001-1005 - Authority and Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 437-001-1005  through 437-001-1065  are
			 promulgated under the Director's authority contained in ORS
			 654.097.
(2) The Director of the Department of
			 Consumer and Business Services delegates to the Administrator of Oregon OSHA
			 the authority to enforce these rules.
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 437-001-1010 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Nothing
			 in these rules is intended to impose a duty upon the insurer or to transfer
			 from the employer to the insurer responsibility set forth in ORS
			 654.001 to
			 654.991, or to impose
			 liability other than these rules upon the insurer for failure to identify any
			 unsafe conditions or occupational health and safety hazard.
(2) The purpose of these rules is to promote
			 workplace health and safety by:
(a)
			 Establishing insurer and self-insured employer loss prevention services
			 designed to advise employers on regulations, laws, means and methods for
			 improving health and safety at their places of employment; and
(b) Providing for the evaluation of insurers'
			 and self-insured employers' loss prevention activities by Oregon OSHA to ensure
			 compliance with the law and 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 437-001-1015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Establishment:
			 A single physical location where business is conducted or where services or
			 industrial operations are performed. Where distinctly separate activities are
			 performed at a single physical location, each activity shall be treated as a
			 separate establishment.
(2) Insured
			 employer: An employer insured with a workers' compensation carrier.
(3) Insurer: The State Accident Insurance
			 Fund (SAIF) Corporation or any insurance company authorized or regulated under
			 ORS Chapter 731 to issue workers' compensation insurance policies in
			 Oregon.
(4) Loss prevention effort:
			 An ongoing effort by the self-insured employer to integrate health and safety
			 into the workplace in such a manner that occupational injuries and ill- nesses
			 are reduced.
(5) Loss prevention
			 plan: A plan developed by the employer with the assistance of the insurer with
			 the primary emphasis on reduction of workplace injuries and
			 illnesses.
(6) Loss prevention
			 services: Services designed to advise and assist employers in the
			 identification, evaluation, and control of existing and potential causes of
			 accidents and occupational health and safety problems.
(7) Loss prevention services program: A
			 program intended to promote occupational health and safety, and to help
			 eliminate and control work hazards to employees.
(8) Self-insured employer: An employer
			 certified under ORS
			 656.430 as meeting the qualifications of a self-insured employer set out by ORS
			 656.407.
(9) Substantial failure to comply: The
			 failure by an insurer or self-insured employer to respond or make available
			 timely on-site services; failure to respond or make available in a timely
			 manner specialized consultative services or:
(a) If an insurer fails to identify and
			 advise of in a timely manner reasonably discoverable serious or
			 life-threatening hazards within the scope of the services requested or provided
			 or:
(b) If a self-insured employer
			 fails to identify and control in a timely manner reasonably discoverable
			 serious or life-threatening hazards within the scope of the services requested
			 or provided.
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 437-001-1020 - General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 insurer or self-insured employer shall, within 60 days after the effective date
			 of these rules, submit to the Administrator the following information:
(a) The name of the insurer or self-insured
			 employer;
(b) The insurer's or
			 self-insured employer's Oregon business address where records are kept;
			 and
(c) The name or title, business
			 address, and telephone number of the representative who will act as liaison
			 with the Division in all matters pertaining to loss prevention
			 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 437-001-1025 - Notification of Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an
			 insurer writes a workers' compensation policy for an employer, and annually
			 thereafter, the insurer shall inform the employer at the employer's Oregon main
			 office of the loss prevention services that are available. The information
			 shall include at least the following:
(a) A
			 description of all loss prevention services that the insurer is required to
			 offer, and other loss prevention services the insurer provides;
(b) A description of the availability of and
			 process for obtaining loss prevention services;
(c) An offer, by the insurer, of an on-site
			 evaluation of the loss prevention service needs of the insured;
(d) An explanation of the employer's
			 responsibility to provide a safe and healthful workplace as required by the
			 Oregon Safe Employment Act (ORS
			 654.001 to
			 654.295 and
			 654.991); and
(e) A statement of the employer's right to
			 make a complaint to Oregon OSHA if an insurer fails to respond to a request
			 from one of its insured employers for loss prevention services or otherwise
			 fails to provide services as offered or required.
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 437-001-1030 - Requests for Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 request by an insured employer regarding an imminent danger hazard shall be
			 responded to with loss prevention services as soon as possible by the
			 insurer.
(2) Any other requests
			 regarding alleged hazards other than imminent danger shall be responded to with
			 loss prevention services as soon as practicable, but not longer than 30 days
			 following the date of 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 437-001-1035 - Loss Prevention Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each insurer shall make occupational health and safety loss prevention services
			 available to all its insured employers and shall provide certain other services
			 as required by this rule.
(2) At a
			 minimum, loss prevention services and personnel providing the services must
			 meet the needs of the particular place of employment, special industry, or
			 process, and shall include at least the following:
(a) Evaluation of the employer's loss
			 prevention needs;
(b) Assistance in
			 evaluating records that may be pertinent to the firm's illness and injury
			 experience;
(c) An explanation to
			 the employer of the Oregon Safe Employment Act and rules that apply to the
			 particular place of employment;
(d)
			 Provision of partial or complete on-site health and safety surveys, which
			 identify all reasonably discoverable occupational safety and health hazards
			 within the scope of the survey scheduled;
(e) Assistance with industrial hygiene and
			 safety evaluations to detect physical and chemical hazards of the workplace,
			 and implementation of engineering or administrative controls;
(f) Assistance with evaluating, obtaining,
			 and maintaining personal protective equipment;
(g) Evaluation of work practices, workplace
			 design, and assistance with job site modifications;
(h) Assistance in evaluating and improving an
			 employer's safety management practices;
(i) Assistance in identifying health and
			 safety training needs and available resources; and
(j) An offer to provide follow-up
			 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 437-001-1040 - Required Loss Prevention Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An insurer shall offer to assist in
			 developing a loss prevention plan with each of its employers with a claims
			 frequency or severity greater than its average employer in the same industry.
			 The plan shall promote self-sufficiency on the part of the employer to reduce
			 injuries and illnesses, and shall include a means to identify and control all
			 reasonably discoverable occupational health and safety hazards.
(2) The assistance shall include the
			 following:
(a) Employer notification of the
			 available services.
(b) Perform a
			 workplace hazard survey.
(c) Review
			 of injury records and documentation of activities designed to lead to the
			 reduction of workplace injuries and illnesses.
(d) Assist the employer in developing a
			 written loss prevention plan that is based upon the results of the hazard
			 survey and review of injury records. The plan must at a minimum address the
			 following loss prevention principles:
(A)
			 Management commitment to health and safety;
(B) An accountability system for employer and
			 employees;
(C) Training practices
			 and follow-up;
(D) A system for
			 hazard assessment and control;
(E)
			 A system for investigating all recordable occupational injuries and illnesses
			 that includes written findings and corrective action;
(F) A system for evaluating, obtaining, and
			 maintaining personal protective equipment;
(G) Evaluation of workplace design, work
			 practices, and assistance with job site modifications; and
(H) Employee involvement in the health and
			 safety effort.
(e) Tailor
			 the plan to meet the needs of the employer for reduction of injuries and
			 illnesses while promoting self-sufficiency on the part of the
			 employer.
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 437-001-1050 - Self-Insured and Group Self-Insured Employer Loss Prevention Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A self-insured
			 employer and each self-insured group shall make available to each of its
			 workplace or group locations occupational safety and health loss prevention
			 assistance.
(2) A self-insured
			 employer or group shall acknowledge all requests for services which do not
			 involve alleged hazards from any of its locations within 30 days by scheduling
			 a date to begin providing services.
(3) Any request from locations of the
			 self-insured employer or group regarding imminent danger an alleged hazard
			 shall be responded to as soon as possible with loss prevention
			 services.
(4) All other requests
			 regarding alleged hazards other than imminent danger shall be responded to with
			 loss prevention services as soon as practicable, but not longer than 30 days
			 following the date of the request.
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 437-001-1055 - Self-Insured and Group Self-Insured Employer Loss Prevention Programs

Current through Register Vol. 63, No. 7, July 1, 2024
Each self-insured employer and each member of a group
				self-insured program shall establish and implement a written occupational
				health and safety loss prevention program for each establishment. As a minimum
				requirement, the program shall:
(1)
			 Provide for a loss prevention effort within the normal functions of the
			 business for prevention or reduction of health and safety injuries and
			 illnesses; and
(2) Inform its
			 managers and workplace locations of the availability and the process for
			 requesting loss prevention assistance.
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 437-001-1060 - Self-Insured and Group Self-Insured Employer Loss Prevention Effort

Current through Register Vol. 63, No. 7, July 1, 2024
Each self-insured employer and each member of a group
				self-insured program shall implement a loss prevention effort for each of it
				locations, which identifies and controls all reasonably discoverable
				occupational safety and health hazards and items not in compliance with the
				federal or the division's occupational safety and health laws, rules and
				standards. The self-insured group shall assist each member of the group in
				developing and implementing the loss prevention effort. This loss prevention
				effort shall include at least the following:
(1) Management commitment to health and
			 safety;
(2) An accountability
			 system for employer and employees;
(3) Training practices and
			 follow-up;
(4) A system for hazard
			 assessment and control;
(5) A
			 system for investigating all recordable occupational injuries and illnesses
			 that includes corrective action and written findings;
(6) A system for evaluating, obtaining, and
			 maintaining personal protective equipment;
(7) On-site routine industrial hygiene and
			 safety evaluations to detect physical and chemical hazards of the workplace,
			 and the implementation of engineering or administrative controls;
(8) Evaluation of workplace design, layout
			 and operation, and assistance with job site modifications utilizing an
			 ergonomic approach;
(9) Employee
			 involvement in the health and safety effort; and
(10) An annual evaluation of the employer's
			 loss prevention activities based on the location's current needs.
(11) The group shall maintain records which
			 document the assistance provided to each member of the
			 group.
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 437-001-1065 - Penalty Provisions for Insurers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For insurers who fail to comply with the
			 law and the requirements of OAR 437-001-1005  through 437-001-1065, the
			 Administrator:
(a) Shall assess a civil
			 penalty in accordance with ORS
			 654.086;
			 and
(b) May send a notice to an
			 insurer, in accordance with ORS
			 656.447,
			 of the Administrator's intent to request the Administrator of the Insurance
			 Division to suspend or revoke the insurer's certificate of
			 authority.
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 › Appendix B - Instructions for Computing Lost Workday Case Incident Rates (LWDCIR) for an Individual Firm

Current through Register Vol. 63, No. 7, July 1, 2024
Incidence rates for an individual establishment or firm may be
				calculated by employers by using the same formula used to calculate
				industry-wide incidence rates from the annual Occupational Injury and Illness
				Survey. An employer may then compare her/his own work injury and illness
				experience to the overall experience in her/his industry in Oregon or the
				nation.
The formula requires:
(a) the number of lost workday cases, and
(b) the number of hours actually worked by all employees
				during the reference period. To produce an overall incidence rate:
(a) Determine the number of lost workday cases by adding the
				totals for columns 2 and 9 of the Occupational Injuries and Illnesses Log (OSHA
				No. 200).
(b) Total the number of hours actually worked during the year
				by all employees from payroll or other time records. The hours worked figure
				should not include any non-work time even though paid, such as vacations, sick
				leave, holidays, etc. (If actual hours worked are not available for employees
				paid on commission, salary, by the mile, etc., hours worked may be estimated on
				the basis of scheduled hours or 8 hours per workday.) The formula for computing
				the incidence rate is as follows:
(a) Number of lost workday cases x 200,000 = lost workday
				employee hours worked.
(b) Case Incidence Rate: This rate represents the number of
				lost workday cases occurring per 200,000 hours of work exposure or 100
				full-time equivalent workers. The same base is used in computing the
				occupational injury and illness rates for Oregon and for the nation.
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0005 - Adoption by Reference

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to, and not in lieu of, any other safety and health
				codes contained in OAR Chapter 437, the Department adopts by reference the
				following federal regulations printed as part of the Code of Federal
				Regulations,  29 CFR 1910, in the Federal Register:
(1)
								29 CFR 1910.1,
			 Purpose and scope; published 6/27/74, Federal Register, vol. 39, no. 125, p.
			 23503.
(2)
								29
			 CFR 1910.2, Definitions; published 6/27/74,
			 Federal Register, vol. 39, no. 125, p. 23503.
(3)
								29
			 CFR 1910.3, Petitions for the issuance,
			 amendment, or repeal of a standard; published 6/27/74, Federal Register, vol.
			 39, no. 125, p. 23503.
(4)
								29 CFR
			 1910.4, Amendments to this part; published
			 6/27/74, Federal Register, vol. 39, no. 125, p. 23503.
(5)
								29 CFR
			 1910.5, Applicability of standards; published
			 6/30/93, FR vol. 58, no. 124, p. 35308.
(6)
								29 CFR
			 1910.6, Incorporation by reference; published
			 5/14/19, FR vol. 84, no. 93, p. 21416.
(7)
								29
			 CFR 1910.7, Definition and requirements for a
			 Nationally Recognized Testing Laboratory; published 5/11/88, FR vol. 53, no.
			 91, p. 16838.
(8)
								29 CFR
			 1910.9, Compliance duties owed to each
			 employee; published 12/12/08, Federal Register, vol. 73, no. 240, pp.
			 75568-75589.
These standards are on file at the Oregon Occupational Safety
				and Health Division, Oregon Department of Consumer and Business Services, and
				the United States Government Printing Office.
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 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0006 - General Oregon Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of administration of the Oregon Safe
				Employment Act, the following terms mean:
(1) "Act" means the Oregon Safe Employment
			 Act, ORS Chapter 654.
(2) "Agency"
			 means the Occupational Safety and Health Division, Department of Insurance and
			 Finance.
(3) "Assistant Secretary"
			 means the Administrator of the Occupational Safety and Health Division or
			 designated representative.
(4)
			 "Assistant Secretary of Labor for Occupational Safety and Health" means the
			 Administrator of the Occupational Safety and Health Division or designated
			 representative.
(5) "Office of the
			 Solicitor of Labor" means Legal Counsel for the Occupational Safety and Health
			 Division.
(6) "Occupational Safety
			 and Health Administration" or "OSHA" means the Oregon Occupational Safety and
			 Health Division, Department of Consumer and Business Services.
(7) "Standards" mean any occupational safety
			 and health standard which has been adopted and promulgated by a
			 nationally-recognized standards-producing organization, the federal government,
			 or the State of Oregon and shall have the same meaning as, and include, the
			 term "code(s)" and "rule(s)".
(8)
			 "Administrative Rules" means OAR Chapter 437, Division 001, Rules for the
			 Administration of the Oregon Safe Employment Act, and ORS Chapter
			 183.
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 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0007 - Testing and Certification

Current through Register Vol. 63, No. 7, July 1, 2024
By adopting these rules, the Department does not establish a
				testing and certification program separate from the federal OSHA Testing and
				Certification Program. The Department will accept as valid for compliance with
				its rules, the Testing and Certifications of Laboratories issued by federal
				OSHA.
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 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0010 - Adoption by Reference

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to, and not in lieu of, any other safety and health
				codes contained in OAR Chapter 437, the Department adopts by reference the
				following federal rules as printed in the
Code of Federal Regulations,  29
				CFR 1910
, revised as of 7/1/98, and any subsequent amendments published
				in the
Federal Register
as listed below:
(1)
29 CFR 1910.11
Scope and
			 Purpose, published 6/27/74,
Federal Register
, vol. 39, no. 125, p.
			 28504.
(2)
29 CFR 1910.12
Construction work, published 6/27/74,
Federal
			 Register
, vol. 39, no. 125, p. 28504.
NOTE:  29 CFR 1910.13
Ship repairing, and
1910.14
Shipbuilding, were removed 6/30/93,
Federal
				Register
, vol. 58, no. 124, p. 35308.
(3)
29 CFR 1910.15
Shipyard
			 Employment, published 6/27/74,
Federal Register
, vol. 39, no. 125,
			 p. 28505; amended 6/30/93,
FR
vol. 58, no. 124, p.
			 35308.
(4)
29 CFR 1910.16
Longshoring, published 6/27/74,
Federal Register
,
			 vol. 39, no. 125, p. 28505; amended 7/5/83,
FR
vol. 48, pg. 30908;
			 12/1/98,
FR
vol. 63, no. 230, p. 66270.
(5)
29 CFR 1910.17
Effective
			 dates, published 6/27/74,
Federal Register
, vol. 39, no. 125, p.
			 28505; 3/7/96,
FR
vol. 61, no. 46, p. 9235.
(6)
29 CFR 1910.18
Changes in
			 established federal standards, published 6/27/74,
Federal
			 Register
, vol. 39, no. 125, p. 28505.
(7)
29 CFR 1910.19
Special
			 provisions for air contaminants, published 6/30/78,
Federal
			 Register
, vol. 43, p. 28473; amended 10/3/78,
FR
vol. 43,
			 p. 45809; 11/14/78,
FR
vol. 43, p. 53007; 1/26/79,
FR
vol. 44, p. 5447; 6/19/81,
FR
vol. 46, p. 25796;
			 12/13/85,
FR
vol. 50, p. 51173; 6/20/86,
FR
vol. 51,
			 p. 22733; 10/17/86,
FR
vol. 51, p. 37004; 9/11/87,
FR
vol. 52, p. 34562; 12/4/87,
FR
vol. 52, p. 46291;
			 8/10/92,
FR
vol. 57, no. 154, pp. 35666-35681; 9/14/92,
FR
vol. 57, no. 178, pp. 42388-42453; 8/10/94,
FR
vol. 59, no.
			 153, p. 41057; 11/4/96,
FR
vol. 61, no. 214, p. 56831;
			 1/10/97,
FR
vol. 62, no. 7, p. 1600.
NOTE:
These standards are available at the Oregon
				Occupational Safety and Health Division, Oregon Department of Consumer and
				Business Services, and the
United States Government Printing
				Office
.
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 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0015 - Adoption by Reference

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to, and not in lieu of, any other safety and health
				codes contained in OAR Chapter 437, the Department adopts by reference the
				following federal rules as printed in the
Code of Federal Regulations,  29
				CFR 1910
, revised as of 7/1/96, and any subsequent amendments published
				in the
Federal Register
as listed below:
29 CFR
				1910.20
Access to Employee Exposure and Medical Records has been
				redesignated to
29 CFR 1910.1020
.
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 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0020 - Adoption by Reference

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to, and not in lieu of, any other safety and health
				codes contained in OAR Chapter 437, the Department adopts by reference the
				following federal regulations printed as part of the Code of Federal
				Regulations,  29 CFR
				1910, in the Federal Register:
(1)
								29 CFR
			 1910.21 Scope and definitions, published
			 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.
(2)
								29 CFR
			 1910.22 General Requirements, published
			 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.
(3)
								29 CFR
			 1910.23 Ladders, published 11/18/16, Federal
			 Register, vol. 81, no. 223, p. 82494.
(4)
								29 CFR
			 1910.24 Step bolts and manhole steps,
			 published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.
(5)
								29 CFR
			 1910.25 published 11/18/16, Federal Register,
			 vol. 81, no. 223, p. 82494.
(6)
								29
			 CFR 1910.26 Dockboards, published 11/18/16,
			 Federal Register, vol. 81, no. 223, p. 82494.
(7)
								29 CFR
			 1910.27 Scaffolds and rope descent systems,
			 published 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.
(8)
								29 CFR
			 1910.28 Duty to have fall protection and
			 falling object protection, published 11/18/16, Federal Register, vol. 81, no.
			 223, p. 82494.
(9)
								29
			 CFR 1910.29 Fall protection systems and
			 falling object protection - criteria and practices, published 11/18/16, Federal
			 Register, vol. 81, no. 223, p. 82494.
(10)
								29 CFR
			 1910.30 Training requirements, published
			 11/18/16, Federal Register, vol. 81, no. 223, p. 82494.
These standards are available at the Oregon Occupational Safety
				and Health Division, Oregon Department of Consumer and Business Services, and
				the United States Government Printing Office.
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 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0022 - Additional Oregon General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Scope and application. This rule applies
			 in addition to those in Division 2/D Walking-Working Surfaces.
(2) Barriers. The employer must ensure:
(a) Protective barriers or suitable guards
			 are erected when covers over openings are removed or excavations made in places
			 accessible to vehicular or pedestrian traffic. Warning lights or flares shall
			 be displayed if work is being done at night. These protective measures shall be
			 maintained until permanent or adequate covers or barricades are in place or the
			 hazard removed.
(b) A watchperson
			 is stationed where temporary conditions do not permit safeguarding of employees
			 through the use of warning signs, lights, protective barriers, or covers.
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0023

Current through Register Vol. 63, No. 7, July 1, 2024
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 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0026 - Portable Ladders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Scope and
			 application. This rule applies to the use of portable ladders, including
			 job-made ladders, in addition to the rules in 1910.23 Ladders.
(2) Definitions. These definitions apply to
			 portable ladder terms in this rule. Additional terms in 1910.21(b) apply to
			 portable ladders within 1910.23 and this rule.
(a) Job-made ladder. A non-commercially
			 manufactured portable ladder constructed on the worksite for temporary use.
(b) Non-self-supporting ladder. A
			 class of portable ladders that, by design, must be placed against a structure
			 independent of itself, such as a wall, to remain standing for use. Single
			 ladders, extension ladders, sectional ladders, and articulating ladders set up
			 in a straight ladder mode are examples of non-self-supporting ladders.
(c) Self-supporting ladder. A
			 class of portable ladders that, by design, stand on their own when erected for
			 use without assistance from external structures. Stepladders, double front
			 ladders, platform ladders, trestle ladders, and articulating ladders set up in
			 a stepladder mode are examples of self-supporting ladders.
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0027

Current through Register Vol. 63, No. 7, July 1, 2024
Copies of the Figures referenced in this rule are available
				  from the agency.
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 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0028

Current through Register Vol. 63, No. 7, July 1, 2024
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 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
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 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0031

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
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 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0032 - Ramps and Runways

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Scope and
			 application. This rule applies to the safe use of ramps and runways for
			 vehicles in addition to the rules in Division 2/D.
(2) The employer must ensure ramps and
			 runways for vehicles:
(a) Have adequate width
			 and evenness for safe operation of equipment.
(b) Are provided with timber guards of not
			 less than nominal 6-inch by 6-inch material set on nominal 3-inch blocks, or
			 the equivalent, placed parallel to and secured to the sides of the ramp or
			 runway.
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0033 - Piers and Wharves

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Scope and
			 application. This rule applies to piers and wharves in addition to the rules in
			 Division 2/D.
(2) The employer
			 must ensure piers and wharves:
(a) With open
			 sides of piers and wharves, more than 4 feet above the ground or water level,
			 have a shear or guard timber (bull rail) of not less than 6-inch by 6-inch wood
			 material set on nominal 3-inch blocking, or material of equal strength and
			 minimum height securely attached.
(b) Except for areas where vessels' mooring
			 lines are handled, the open sides, more than 4 feet above the ground or water
			 level, not used for loading or unloading purposes, shall be provided with
			 standard guardrails in accordance with 1910.29(b) in addition to shear timbers
			 in accordance with paragraph (2)(a) of this section.
(c) Ladders or other means of access reaching
			 from low water mark to the dock floor shall be provided for each 400 feet or
			 portion thereof of the water side of all wharves and piers. Where portable
			 ladders are used, a secure method of fastening them shall be
			 provided.
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0040 - Adoption by Reference

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to and not in lieu of any other safety and health
				codes contained in OAR Chapter 437, the Department adopts by reference the
				following rules as printed in the Code of Federal Regulations,  29 CFR 1910, revised as of 7/1/99, and any subsequent amendments published in the Federal
				Register as listed below:
(1)
								29 CFR 1910.35  Definitions, REPEALED. In Oregon, OAR
			 437-002-0041  applies.
(2)
								29 CFR 1910.36  General
			 Requirements, REPEALED. In Oregon, OAR
			 437-002-0041  applies.
(3)
								29 CFR 1910.37  Means
			 of Egress -- General, REPEALED. In Oregon, OAR
			 437-002-0041  applies.
(4)
								29 CFR 1910.38 Employee Emergency Plans and Fire Prevention Plans, REPEALED. In Oregon, OAR
			 437-002-0042  and
			 437-002-0043  apply.
These rules are on file with Oregon Occupational Safety and
				Health Division, Department of Consumer and Business Services and the United
				States Government Printing Office.
Publications: Publications referenced are available from the
				  agency.
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 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0041 - Exits and Exit Routes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application: This subpart does not apply to mobile workplaces, like vehicles or
			 vessels.
(2) Definitions:
(a) Exit. The part of the exit route, that is
			 a way out of the workplace (like a door, stairwell or vestibule).
(b) Exit Route. A continuous, unobstructed
			 path from anywhere in a work area to the exit.
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0042 - Emergency Action Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Development of An Emergency Action Plan.
(a)
			 When another Oregon OSHA standard requires an employer to develop an emergency
			 action plan, the plan must comply with this section and cover each part of the
			 workplace.
(b) The plan must be in
			 writing, in the work area and available to employees on request, except that an
			 employer with 10 or fewer employees in a workplace may use a verbal
			 plan.
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 2 - GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES › Section 437-002-0043 - Fire Prevention Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Development of A Fire Prevention Plan.
(a)
			 When another Oregon OSHA standard requires an employer to develop a fire
			 prevention plan, the plan must comply with this section and cover each part of
			 the workplace.
(b) The plan must be
			 in writing, in the work area and available to employees on request; except that
			 an employer with 10 or fewer employees in a workplace may use a verbal
			 plan.