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 437-001-0047 - Voluntary Compliance Program, General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division shall provide a coordinated
			 program to encourage voluntary compliance with occupational health and safety
			 laws, rules and codes and to promote more effective workplace health and safety
			 programs.
(2) The program shall be
			 designed to assist employers achieve voluntary compliance and shall be
			 administered to preclude issuance of citations and penalties except when an
			 employer fails to correct serious violations identified.
(3) The program shall include but is not
			 limited to:
(a) Health and safety
			 consultative services;
(b) Worker
			 and employer training and education;
(c) Research projects including: Causes and
			 prevention of industrial accidents and diseases; trends demonstrating the need
			 for licensing, certification, or need or revised rules;
(d) Demonstration projects utilizing new or
			 innovative processes or procedures to assist workers and employers in
			 preventing occupational injury or disease, whatever the cause;
(e) Publication and general distribution of
			 training and accident prevention materials.
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 437-001-0050 - Enforcement Program, General

Current through Register Vol. 63, No. 7, July 1, 2024
The Division shall provide an effective program to enforce
				statutes, regulations, rules, standards, or orders for the protection of life,
				safety, and health of employees. This program shall include, but is not limited
				to:
(1) The inspection of places of
			 employment;
(2) The investigation
			 of industrial accidents, fatalities, or catastrophes;
(3) Issuing citations for
			 violations;
(4) Identifying safety
			 and health hazards that may or may not be violations and bringing them to the
			 attention of employers and employees;
(5) Issuing reasonable correction
			 orders;
(6) Assisting employers and
			 employees in safety and health matters;
(7) Assessing and collecting civil monetary
			 penalties for violations;
(8)
			 Holding informal conferences with employers or employees to discuss citations,
			 penalties, or correction orders and other safety and health matters without
			 limiting or extending the employer's appeal rights; and
(9) Granting or denying extensions of the
			 times set by correction orders.
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 437-001-0053 - Preserving Physical Evidence at the Scene of an Accident

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Employers, their representatives, or
			 others shall not disturb the scene of a fatality or catastrophe other than to
			 conduct the rescue of injured persons or mitigate an imminent danger until
			 authorized by the Administrator (or designee), or directed by a recognized law
			 enforcement agency.
(2) In order to
			 preserve physical evidence at the scene of a fatality or catastrophe, the
			 Administrator is authorized to limit the number of employer representatives or
			 employee representatives accompanying the compliance officer during the
			 documentation of the scene. The employer representative and employee
			 representative must be provided an opportunity to document the scene prior to
			 disturbance or removal of physical evidence.
(3) If an employer, their representative, or
			 others disturb the scene of a fatality or catastrophe other than to conduct the
			 rescue of injured person(s) or mitigate an imminent danger before authorized by
			 the Administrator or directed by a recognized law enforcement agency, a minimum
			 penalty of $200 may be assessed.
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 437-001-0055 - Priority of Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
Inspections will be prioritized to predominantly focus
				enforcement activities on places of employment reasonably believed to be the
				most unsafe. Inspections should generally be made according to the following
				priorities:
(1) Imminent danger - An
			 inspection should be made as soon as possible after the Division becomes aware
			 of the condition, practice, or act that could reasonably be expected to
			 immediately cause death or serious physical harm.
(2) Fatality, catastrophe, or accident - An
			 inspection, if appropriate, should be made as soon as possible after the
			 Division becomes aware of a fatality, catastrophe, or accident.
(3) Complaint - An inspection may be
			 initiated when the Division receives a complaint, based on the nature and
			 credibility of the allegations.
(4)
			 Referral - An inspection may be made if safety or health violations were
			 observed and referred by a Division employee; federal, state, or local
			 government representative; or the media, based on the nature and credibility of
			 the allegations.
(5) Programmed
			 Inspections - An inspection may be made by following the provisions in OAR
			 437-001-0057.
(6) Follow-up - An
			 inspection may be initiated when one or more of the following exists:
(a) The employer requests removal of a red
			 warning notice.
(b) A variance
			 request has been denied.
(c) An
			 extension of time has been denied.
(d) The Division believes the employer may
			 not be in compliance with a previously cited violation, or needs monitoring as
			 they progress towards correction of a violation.
(e) The employer is issued an order to
			 correct for one or more violations that if cited could be considered
			 serious.
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 437-001-0060 - Advance Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person
			 shall give advance notice of an inspection without authority of the Director,
			 the Administrator, or designee, subject to penalties as prescribed in ORS
			 654.991(2).
(2) If the Director, the Administrator, or
			 designee approves a request for advance notice of an inspection:
(a) The notice shall not be given more than
			 24 hours in advance; and
(b) When
			 advance notice is given to the employer, and if required by the Director, the
			 Administrator, or designee, either at the time advance notice is given or any
			 time thereafter, the employer must notify the employee representative without
			 delay of the proposed inspection, or in the absence of an employee
			 representative, immediately post a notice, provided to the employer by Oregon
			 OSHA, in a sufficient number of locations in the place of employment to
			 reasonably inform employees of the planned inspection. Failure to provide such
			 notice when directed by the Director, the Administrator, or designee may result
			 in a penalty as outlined in OAR 437-001-0176.
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 437-001-0065 - Right of Entry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Compliance
			 Officer has the right to enter and inspect any place of employment during
			 working hours or at other reasonable times, within reasonable limits, and in a
			 reasonable manner.
(2) Right of
			 Entry. A compliance officer is authorized to document an accident scene
			 reported pursuant to OAR 437-001-0704  prior to an opening conference when it is
			 likely that the accident scene cannot be preserved and after a reasonable
			 attempt is made to contact an employer or employer representative.
(3) A Compliance Officer shall present
			 his/her credentials to an employer or employer's representative to establish
			 the Compliance Officer's right of entry.
(4) The Compliance Officer shall not sign any
			 form of liability release or agree to waive any rights of the
			 Department.
(5) The Compliance
			 Officer shall have the right to enter and inspect any place of employment
			 accompanied or assisted by outside engineers or specialists who have signed
			 confidentiality agreements, agreeing to protect the inspected parties' trade
			 secrets.
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 437-001-0070 - Inspection Warrants

Current through Register Vol. 63, No. 7, July 1, 2024
If a Compliance Officer is denied entry, Oregon OSHA may
				institute action to obtain an inspection warrant, as provided for in ORS
				654.202 to
				654.216.
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 437-001-0075 - Opening Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Compliance Officer shall, if possible, conduct a joint opening conference with
			 the employer or a representative, and a representative of the employees, if
			 any, and shall:
(a) Present credentials as a
			 means of identification;
(b)
			 Explain the purpose, nature and intended scope of the inspection;
(c) Request the records which need to be
			 examined;
(d) Obtain the name of
			 the employer representative, if any, and give that person the opportunity to
			 accompany the Compliance Officer on the inspection;
(e) Obtain the name of the employee
			 representative, if any, and give that person the opportunity to accompany the
			 Compliance Officer on the inspection;
(f) Explain that employee participation may
			 be accomplished through random interviews;
(g) Determine if there are trade secrets to
			 be protected;
(h) Inform the
			 employer that sampling may be done and photographs may be taken;
(i) Explain that past and present efforts
			 will be evaluated to determine good faith penalty adjustments.
(j) Determine what personal protective
			 equipment is required in the place of employment and arrange to have and use
			 such equipment; and
(k) Explain
			 that a closing conference will be held with both the employer or a
			 representative, and a representative of the employees, if any.
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 437-001-0080 - Inspection Without Employer or Employer Representative

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Compliance Officer may make an
			 inspection without an opening or closing conference if the employer or employer
			 representative is absent or declines to participate.
(2) If the employer, employer representative,
			 or employee representative is absent from the place of employment, following
			 the inspection the Compliance Officer shall make at least one attempt on each
			 of two different days to advise the employer, employer representative, or
			 employee representative concerning the inspection.
(3) No inspection will be made if neither the
			 employer, employer representative, nor employees are present at the place of
			 employment, except when executing an inspection warrant as provided in ORS
			 654.216(2)
			 or when posting a Red Warning Notice as provided for in ORS
			 654.082.
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 437-001-0085 - Employee Representation on Inspection Team

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employee representative has the right
			 to accompany an Compliance Officer during an inspection of the place of
			 employment.
(2) If there is no
			 employee representative during an inspection, the Compliance Officer shall
			 interview, if practicable, a reasonable number of employees about safety and
			 health in the place of employment.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
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 437-001-0090 - Inspection Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
During an inspection an Compliance Officer is authorized
				to:
(1) Inspect without unreasonably
			 disrupting operations in a place of employment all required records,
			 conditions, structures, machines, materials, and methods for compliance with
			 statutes, regulations, rules, standards, and orders, and identify and document
			 hazards;
(2) Photograph or take
			 video of unsafe acts, practices, procedures, or physical hazards;
(3) Take environmental and personal exposure
			 samples;
(4) Allow a different
			 employer representative or employee representative to accompany the Compliance
			 Officer during separate phases of the inspection if this will facilitate the
			 inspection;
(5) Resolve all
			 disputes as to who is the representative authorized by the employees to
			 accompany the Compliance Officer on the inspection.
(6) Deny the right to participate to any
			 person whose conduct interferes with a fair and orderly inspection;
(7) Inform the employer representative and
			 employee representative of any apparent violations and hazards;
(8) Collect information, including but not
			 limited to, information obtained for the purpose of classifying any apparent
			 violations as minimal, other than serious, or serious and for the purpose of
			 calculating penalty assessment;
(9)
			 Interview privately a reasonable number of employees about safety and health in
			 the place of employment, taking notes and audio recordings of such interviews
			 as appropriate;
(10) Receive
			 information in confidence from an employee or employee representative;
			 and
(11) Stop the inspection if a
			 situation involving imminent danger is observed, request the employer or the
			 employer representative to advise affected employee and correct the imminent
			 danger, and post a Red Warning Notice according to OAR 436-046-0096, if the
			 employer or the employer representative refuses to protect the employees from
			 the imminent danger.
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 437-001-0096 - Red Warning Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Red Warning Notice shall be authorized by either the Director, the
			 Administrator, or designee. For purposes of this rule, a Camp Closure Notice is
			 a Red Warning Notice.
(2) When
			 action is necessary to preclude or eliminate exposure of employees to a
			 condition which, if such exposure occurred or continued, would constitute a
			 violation of any statute or of any lawful regulation, rule, standard, or order
			 affecting employee safety or health at a place of employment, a Red Warning
			 Notice authorized under subsection (1) will be posted. The notice will be
			 posted in plain view of any person likely to use the place of employment,
			 machine, device, apparatus, or equipment that constitutes the hazard.
(3) Any place of employment, machine, device,
			 apparatus, or equipment on which a Red Warning Notice has been posted must not
			 be operated or used by any person until:
(a)
			 The condition has been made safe and healthful; and
(b) The Red Warning Notice has been removed
			 by Oregon OSHA; however,
(c)
			 Nothing in this section prohibits an employer from using any place of
			 employment, or operating any machine, device, apparatus, or equipment,
			 exclusively for the purpose of remedying the violation, pursuant to the
			 instructions on the Red Warning Notice.
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 437-001-0099 - Closing Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Compliance
			 Officer shall, if practicable, conduct a joint closing conference with the
			 employer or a representative, and a representative of the employees, if any,
			 and shall advise these representatives:
(a)
			 Of any violation(s) as a result of the inspection and of any hazards which at
			 this time may not be a violation;
(b) Of the right to present any pertinent
			 information regarding the violation(s);
(c) That a citation shall be issued for all
			 other than serious or serious violations even if the violations were corrected
			 at the time of the inspection;
(d)
			 That penalties may be imposed for other than serious violations and shall be
			 imposed for serious violations;
(e)
			 That a reasonable time for correction of each alleged violation shall be
			 proposed;
(f) That further
			 correspondence separate from the citation regarding the inspection will be
			 received detailing the nonviolation hazards observed during the
			 inspection;
(g) Of all posting
			 requirements contained in OAR 437-001-0275  and 437-001-0280;
(h) That if the employer fails to correct any
			 violation by the date indicated on the citation, additional penalties may be
			 imposed for each day the violation(s) remains uncorrected (see OAR
			 437-001-0235);
(i) Of employee
			 protection against discrimination (see OAR 437-001-0295);
(j) Of appeal rights contained in ORS
			 654.078 and OAR 438-085-0006  to
			 438-085-0870;
(k) Of rights to an
			 informal conference (see OAR 437-001-0255);
(l) Of extension procedures (see OAR
			 437-001-0240);
(m) Of consultative
			 services available through the Department and workers' compensation insurance
			 carriers (see OAR 437-001-0450  through 437-001-0465);
(n) Of variance procedures (see OAR
			 437-001-0400  through 437-001-0435);
(o) Of the possibility of follow-up
			 inspections;
(p) That if any safety
			 or health condition was encountered which was beyond the expertise of the
			 Compliance Officer, that condition will be considered a referral and may be
			 addressed by another representative of Oregon OSHA.
(q) Of the availability of return visits by
			 the Compliance Officer to assist the employer in obtaining
			 compliance.
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 437-001-0135 - Evaluation of Probability to Establish Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The probability of an accident that could
			 result in an injury or illness from a violation will be determined by the
			 Compliance Officer and will be expressed as a probability rating.
(2) The factors to be considered in
			 determining a probability rating may include, as applicable:
(a) The number of employees
			 exposed;
(b) The frequency and
			 duration of exposure;
(c) The
			 proximity of employees to the point of danger;
(d) Factors that require work under
			 stress;
(e) Lack of proper training
			 and supervision or improper workplace design; or
(f) Other factors that may significantly
			 affect the probability of an accident occurring.
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 437-001-0142 - Annual Adjustment of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each year, the
			 director will be responsible for publishing notice of Oregon OSHA's Annual
			 Adjustments to Penalties Bulletin in the Oregon Bulletin or its successor. This
			 bulletin will also be made available on the Division's website at
			 https://osha.oregon.gov/pages/topics/violations-and-penalties, or its
			 successor. This bulletin will notify the regulated community of annual
			 adjustment in civil penalty amounts required by ORS
			 654.086(4) to
			 account for the percentage change, if any, in the Consumer Price Index for All
			 Urban Consumers, West Region, All Items (West Region CPI-U), from October to
			 October of each year as published by the Bureau of Labor Statistics (BLS) of
			 the United States Department of Labor or its successor. The annual adjustments
			 will be effective January 1st of each calendar year.
(2) Annual adjustments must be applied to the
			 following civil penalties:
(a) Other than
			 serious-rated violation - maximum civil penalty amounts in OAR
			 437-001-0145(2)(a)  and civil penalty amounts in Table 2 in OAR
			 437-001-0145(2)(g).
(b) Serious
			 Physical Harm or Death-rated violation - minimum and maximum civil penalty
			 amounts in OAR 437-001- 0145(2)(b) and civil penalty amounts in Table 2 in OAR
			 437-001-0145(2)(g).
(c) Repeat
			 Violation - minimum and maximum civil penalty amounts in OAR 437-001-0145(2)(c)
 
			 and civil penalty amounts in Table 2 in OAR 437-001-0145(2)(c).
(d) Willful Violations - minimum and maximum
			 civil penalty amounts in OAR 437-001-0145(2)(d)  and civil penalty amounts in
			 Table 1 in OAR 437-001-0175(1).
(e)
			 Violations that caused or contributed to a work-related fatality - minimum and
			 maximum civil penalty amounts in OAR 437-001-0145(2)(e)  and civil penalty
			 amounts in Table 3 in OAR 437-001-0145(3).
(f) Willful and repeat violations that caused
			 or contributed to a work-related fatality - minimum and maximum civil penalty
			 amounts in OAR 437-001-0145(2)(f)  and civil penalty amounts in Table 2 in OAR
			 437-001-0165(2)(a)  and Table 2 in OAR 437-001-0175(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 437-001-0140 - Evaluation of Severity to Establish Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A severity rating for each violation
			 shall be determined by the Compliance Officer on the basis of the degree of
			 injury or illness that is reasonably predictable. If more than one injury or
			 illness is reasonably predictable, the Compliance Officer will determine the
			 severity based upon the most severe injury or illness. Severity ratings will be
			 selected from the following schedule:
(a)
			 Other than Serious - Conditions that could cause injury or illness to employees
			 but would not include serious physical harm;
(b) Serious Physical Harm; or
(c) Death.
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 437-001-0150 - Civil Penalty Adjustments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Civil penalty
			 amounts may be modified by applying penalty adjustments as outlined in Table 1
			 - Penalty Adjustments. Not all civil penalties are eligible to be adjusted. If
			 eligible for adjustments, at their discretion, a compliance officer may make
			 adjustments at the time of inspection based on history, good faith, and
			 immediate correction.
Violation Type
Size
History
Good Faith
Immediate Correction
Other than Serious
Yes
Yes
Yes
Yes
Serious
Yes
Yes
Yes
Yes
Repeat
1-50 Employees, Statewide Peak
							 Employment
No
No
No
Willful
No
No
No
No
Caused or contributed to Work-Related
							 Fatality
No
No
No
No
Failure to Abate
Based on Original Violation
							 Eligibility
No
No
No
(2)
			 Size adjustments:
(a) Are made based on
			 statewide peak employment for the employer as defined in Table 2 except as
			 provided in subsection (b):
Number of employees
Percent reduction
1-10
75
11-25
60
26-90
40
91-130
30
131-175
20
176-250
10
251 or more
No adjustment
(b)
			 For employers with 50 or fewer employees, a reduction of $7,000 is available
			 for Serious Physical Harm or Deathrated repeat violations that did not cause or
			 contribute to a work-related fatality. The reduction is adjusted annually in
			 accordance with OAR 437-001-0142.
(c) Size reductions are not available for a
			 violation that caused or contributed to a work-related fatality, except for a
			 civil penalty for a repeat serious violation that caused or contributed to a
			 work-related fatality, which may be reduced based on employer size at the
			 discretion of the administrator if the employer agrees to comply with
			 additional abatement measures during the appeal process.
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 437-001-0155 - Determination of Penalty - Failure to Correct

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A citation must
			 be issued for an employer's failure to correct a previously cited
			 violation.
(2) Penalties assessed
			 for a failure to correct a previously cited violation will not exceed $13,653
			 per day:
(a) Such penalties may be assessed
			 for each workday, or part of a day, that the violation is not corrected and it
			 results in continued exposure after the ordered correction date;
(b) Such penalties must be determined by
			 considering the probability and severity of the original violation, the efforts
			 of the employer to correct the violation, and factors that delayed the
			 correction of the violation; and
(c) If failure to correct the violation
			 results from the employer's lack of diligence, the daily penalty will be not
			 less than $50 for other than serious violations, and not less than $100 for
			 serious violations.
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 437-001-0160 - Penalty Criteria - Repeat Violation

Current through Register Vol. 63, No. 7, July 1, 2024
Oregon OSHA will identify repeat violations as follows:
(1) An employer's second or subsequent
			 violation involving a substantially similar violation, cited within the
			 previous three years, will be cited as a repeat violation as described
			 below.
(2) When citing an identical
			 standard for a violation of a previously cited statute, regulation, rule,
			 standard, or order it will be presumed to be a repeat violation. That
			 presumption can be disproven only if the circumstances clearly demonstrate that
			 the violation is not substantially similar to a previously cited violation.
Example: Previously a citation was issued for a violation of
				1910.212(a)(1) for not guarding ingoing nip points. A recent inspection of the
				same establishment revealed a citation of 1910.212(a)(1) for not guarding
				against flying chips and sparks. Although the same standard was cited, the
				hazardous conditions are clearly not substantially similar and a repeat
				violation would not be appropriate.
(3) When citing a different standard, in some
			 circumstances, substantially similar conditions can be demonstrated. In such
			 cases, if the violations found are substantially similar a repeat violation
			 would be appropriate even though the standards are different.
Example #1: Previously a citation was issued for a failure to
				install appropriate scaffold guardrails under the Division 3 Construction
				standards. A recent inspection of the same employer found a violation for a
				failure to install appropriate scaffold guardrails, but this time the operation
				involved activities covered by the Division 2 General Industry standard.
				Although two different standards are cited, the violations are substantially
				similar and would therefore be treated as a repeat.
Example #2: Previously a citation was issued for failure to
				have a respirator program in a Division 2 General Industry situation where
				exposure to asbestos would require one. A recent inspection of the same
				employer found a violation for not requiring employees to wear respirators
				while performing lead related tasks in the Lead, Division 3 Construction
				standard that requires respiratory protection. Although two different standards
				are cited, the violations are substantially similar and would therefore be
				treated as a repeat.
(4)
			 Where a previously cited violation is under appeal and not yet final:
(a) The second violation will be cited as a
			 repeat violation; and
(b) Such
			 citation will state that the earlier violation is under appeal and the repeat
			 classification of the current violation will be rescinded if the earlier
			 violation does not become final.
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 437-001-0165 - Determination of Penalty - Repeat Violation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The penalty for
			 a repeat violation will be calculated by multiplying the penalty for the
			 current violation by the following factors:
[Table 1 - Penalties for Repeat Violations]
(2) The total final penalty for a repeat
			 violation will not be less than $200, nor more than $135,653.
(3) For a repeated other than serious
			 violation that otherwise would have no initial penalty, a penalty of $200 will
			 be assessed for the first repeated violation, $500 if the violation has been
			 cited twice before, $1,000 for a third repeat, $1,500 for a fourth repeat, and
			 $2,000 for a fifth repeat.
(4) The
			 administrator may instead, at his or her discretion, assess a penalty of
			 between $200 and $135,653 for any repeated violation.
To view tables referenced in rule text,
click here to view
				  rule
.
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 437-001-0170 - Determination of Penalty - Failure to Report an Occupational Fatality, Catastrophe, or Accident

Current through Register Vol. 63, No. 7, July 1, 2024
If an employer fails to report an occupational fatality,
				catastrophe, or accident as provided in OAR 437-001-0704, a penalty of not less
				than $250 shall be assessed.
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 437-001-0171 - Determination of Penalty - Failure to Register a Farm Labor Camp/Facility

Current through Register Vol. 63, No. 7, July 1, 2024
If an operator, employer, or contractor fails to register a
				Farm Labor Camp or facility with Oregon OSHA as required in Division 4/J, OAR
				437-004-1120(5)(b), a penalty of not less than $250 shall be assessed.
Statutory/Other Authority: ORS
				  654.025(2),
				  656.726(4)
				  & ORS 654.035
Statutes/Other Implemented: ORS
				  315.164,
				  658.750,
				  658.755,
				  658.780,
				  658.785,
				  658.805,
				  658.810 &
				  658.825
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 437-001-0175 - Determination of Penalty - Willful or Egregious Violation

Current through Register Vol. 63, No. 7, July 1, 2024
For a willful violation, after applying appropriate adjustments
				based on the employer's size, the base penalty will normally be multiplied by
				25. The Administrator may instead, at his or her discretion, assess a penalty
				between $9,753 and $135,653 based on the facts. For egregious violations, the
				Administrator may assess a separate willful penalty, after appropriate
				adjustments based on the employer's size, for each instance of a
				violation.
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 437-001-0176 - Determination of Penalty - Failure to Notify Employees of Advance Notice

Current through Register Vol. 63, No. 7, July 1, 2024
The Administrator, after considering the related facts, may
				assess a penalty not to exceed $1,000 for each violation of the employer's
				failure to give notification by posting to employees of advanced
				notice.
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 437-001-0180 - Determination of Penalty - Relating to Red Warning Notice

Current through Register Vol. 63, No. 7, July 1, 2024
Any employer who violates or directs another to violate OAR
				437-001-0096(3) or (4)  shall be assessed a civil penalty of not less than $100
				and not more $13,653 for each such violation.
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 437-001-0201 - Determination of Penalty - Relating to Field Sanitation

Current through Register Vol. 63, No. 7, July 1, 2024
The Administrator shall assess a civil penalty of not less than
				$250 and not more than $2,500 to employers of workers who are engaged in field
				activities for the growing and harvesting of food crops intended for human
				consumption, who substantially fail to comply with OAR 437-004-0110 in division
				4, Agriculture.
Statutory/Other Authority: ORS
				  654.025(2)
				  & 656.726(3)
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 437-001-0203 - Determination of Penalty - Relating to Violations Which Have No Probability and Severity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Safety and
			 Health Protection on the Job Poster - If the employer has not displayed the
			 poster, a minimum penalty of $100 may be assessed.
(2) Annual Summary - If an employer fails to
			 post the summary portion of the OSHA 300 Form no later than February 1 of the
			 year following the year covered by the records and keep it posted until April
			 30 in accordance with 437-001-0700(17)(e), a minimum penalty of $200 may be
			 assessed.
(3) Citation - If an
			 employer fails to post the citation after receipt, a minimum penalty of $200
			 may be assessed.
(4) OSHA 300 and
			 DCBS 801 Forms - If the employer does not maintain the Log and Summary of
			 Occupational Injuries and Illnesses, OSHA 300 Form, and the Supplementary
			 Record, DCBS Form 801 or equivalent, a minimum penalty of $100 may be assessed
			 for each OSHA form not maintained.
(5) Access to Records - If the employer fails
			 upon request to provide records for inspection and copying by any authorized
			 representative of Oregon OSHA or by any employee, former employee, or
			 authorized representative of employees, a minimum penalty of $100 may be
			 assessed for each form not made available.
(6) Flush Toilets/Warm Water Hand Washing
			 Facilities - If an employer fails to provide flush toilets or warm water hand
			 washing facilities on a construction site according to OAR 437-003-0020  in 437,
			 division 3, Construction, a penalty of not less than $200, nor more than
			 $2,500, shall be assessed.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  654.025(2)
				  & 656.726(4)
Statutes/Other Implemented: ORS
				  654.086
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 437-001-0205 - Citation and Notice of Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Division concludes from the review
			 of an inspection report that a rule or order was violated, a citation will be
			 issued to the employer which shall:
(a) State
			 the name of the employer, place of employment, and date of inspection. If the
			 violation occurred on other than the inspection date, the date of the violation
			 will be included;
(b) Describe
			 factually the nature and location of the violation;
(c) State the type of violation, if other
			 than general;
(d) Identify the rule
			 or order violated;
(e) Fix a time
			 for the correction of each violation not corrected at the time of
			 inspection;
(f) State the penalty
			 for each violation;
(g) Identify
			 which, if any, penalties are suspended;
(h) State the total dollar amount of assessed
			 penalties;
(i) Inform the employer
			 of the right to appeal the citation, the civil penalty or the period of time
			 fixed for correction of the violation to the Board;
(j) Inform affected employees of their right
			 to appeal the time fixed for correction of the violation; and
(k) Notify the employer that the citation
			 becomes a final order if an appeal is not filed within 30 days of receipt of
			 the citation by 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 437-001-0215 - Employer Response to Citation and Notice of Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After receipt of a citation, the employer
			 shall:
(a) Promptly post the citation for
			 employees information for 3 days or until the violation is corrected, whichever
			 occurs last;
(b) Assure that any
			 amendments or withdrawals to a citation are posted with the original citation
			 for 3 days or until the violation is corrected, whichever occurs
			 last;
(c) Correct each violation by
			 the date ordered; and
(d) If no
			 appeal is filed, remit any penalty by the 31st calendar day following receipt
			 of the citation.
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 437-001-0220 - Payment of Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 civil penalties become due and owing after the citation becomes a final
			 order.
(2) If payment is not
			 received within 20 days after the order becomes final, it may be docketed as a
			 judgment as provided by ORS 654.086(3).
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 437-001-0225 - Penalty for Falsification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An employer who knowingly makes any false statement, representation, or
			 certification regarding the correction of a violation shall be assessed a civil
			 penalty of not less than $100 and not more than $2,500 for violations that are
			 neither repeated nor willful.
(2)
			 An employer who knowingly makes any false statement, representation, or
			 certification regarding the correction of a violation, and that violation is
			 found to have caused or materially contributed to the death of any employee,
			 shall be penalized according to the provisions of ORS
			 654.991(3).
			 In such cases, the Administrator shall contact the appropriate local district
			 attorney for assistance and possible prosecution.
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 437-001-0230 - Correction of Violation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 employer must correct any violation the employer has been ordered to correct
			 except when:
(a) The abatement date of an
			 other than serious violation has been appealed;
(b) An extension has been granted in
			 accordance with OAR
			 437-001-0240.
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 437-001-0231 - Abatement Verification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an
			 employer receives a citation for a violation of the Oregon Safe Employment Act,
			 the employer must notify the appropriate Oregon OSHA field office of the
			 corrective action taken to comply with each cited violation by Letter of
			 Corrective Action. Such notification must occur within 10 calendar days after
			 the last abatement date on the citation.
(2) When the compliance officer notes that
			 violations are complied with at the time of the inspection, abatement
			 verification for those violations is not required.
(3) The employer's verification that
			 abatement is complete must include, for each cited violation, the date and
			 method of abatement and a statement that affected employees and their
			 representatives have been informed of the abatement.
Statutory/Other Authority: 656.726(4) & ORS
				  654.025(2)
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 437-001-0235 - Failure to Correct Violation

Current through Register Vol. 63, No. 7, July 1, 2024
If a subsequent inspection reveals that a violation was not
				corrected, or was only partially corrected, by its correction date, a notice
				shall be issued to the employer which:
(1) Gives the date and number of the citation
			 which first alleged the violation;
(2) Identifies the uncorrected violation and
			 the date by which it was ordered to be corrected;
(3) Advises the employer of the non-abatement
			 days accumulated to the date of notice;
(4) Advises the employer that daily penalties
			 shall continue to accumulate until the violation is corrected; and
(5) Notifies the employer to advise the
			 indicated field office immediately upon correction of the violation.
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 437-001-0240 - Extension of Correction Date - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer may apply for an extension of
			 the date for correcting a violation.
(2) An application for extension of
			 correction date shall be in writing to Oregon OSHA, 350 Winter St. NE, Salem,
			 Oregon 97301, or received by any office of the Department.
(3) The application for extension must
			 include:
(a) The name and address of the
			 employer;
(b) The location of the
			 place of employment;
(c) The
			 citation number;
(d) The item
			 number of the violation for which the extension is sought;
(e) The reason for the request;
(f) Any interim steps being taken to
			 safeguard employees against the cited hazard during the requested extended
			 correction period;
(g) The date by
			 which the employer proposes to complete the correction; and
(h) A statement that a copy of the request
			 for extension has been posted as required by OAR 437-001-0275(2)  or for at
			 least 10 days, whichever is longer, and, if appropriate, served on the
			 authorized representative of affected employees, and certification of the date
			 upon which such posting or service was made.
(i) Any employee who feels a posted request
			 for an extension is unjust may contact the Administrator for a review of the
			 matter.
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 437-001-0245 - Extension of Correction Date - Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request for extension of the correction
			 date shall be granted or denied on the basis of information in the application,
			 information from employees, and any other relevant information.
(2) If the request for extension is granted,
			 a notice of extension of correction date shall be sent to the employer. The
			 notice shall:
(a) Include notice of the right
			 of affected employees or their representative to appeal the extension;
			 and
(b) Be posted for employee's
			 information until the violation is corrected.