Oregon Administrative Code

437-001-0001 Model Rules of Procedure The Model Rules of Procedure, OAR 137-001-0005 through 137-001-0100, in effect on January 1, 2008, as promulgated by the Attorney General of the State of Oregon under the Administrative Procedures Act, are adopted as the rules of procedure fo…

437-001-0002 Notice to Interested Persons of Rulemaking Except when adopting a temporary rule, in accordance with ORS 183.335(5), the Director will give prior notice of the proposed adoption, amendment, or repeal of an administrative rule by: (1) Publishing notice of the proposed…

437-001-0005 Authority and Applicability of Rules (1) These rules are promulgated under the Director’s authority contained in ORS 654.025(2) and 656.726(4). (2) Adoption Procedures: These rules for the Administration of the Oregon Safe Employment Act (OAR 437, division 1) are ado…

437-001-0010 Purpose and Scope of Rules (1) These rules provide procedures by which the Division shall implement and enforce the Director’s authority and responsibilities under the Act. (2) The Director adopts OAR chapter 437, division 1, to assure, as far as possible, safe and h…

437-001-0015 Definitions The following definitions shall apply to OAR 437, unless the context requires otherwise: (1) Abatement — Action by an employer to comply with a cited violation of the Oregon Safe Employment Act. (2) Accepted disabling claims — Claims accepted for disablin…

437-001-0020 Authority to Administer (1) The Administrator is hereby granted authority to do whatever is reasonably necessary or incidental to accomplish the purposes of the act and these rules. (2) The Administrator shall administer the Voluntary Compliance Program separately fr…

437-001-0025 Liberal Construction The Act, other rules adopted thereunder, and these rules shall be liberally construed to accomplish the preventative purposes expressed in the Act. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 6…

437-001-0030 Use of Gender and Number For the purpose of these rules, each gender includes the other gender, the singular includes the plural and the plural includes the singular. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001 - 654…

437-001-0035 Occupational Safety and Health Rules (1) The Division shall propose occupational safety and health rules for adoption by the Administrator under the authority delegated by the Director. Proposed rules shall be: (a) Reasonable; (b) Mandatory; (c) Designed to protect t…

437-001-0045 Adoption, Amendment, or Repeal of Rules (1) Rules will be adopted, amended, or repealed in accordance with ORS Chapter 183 and the Director’s rules of practice and procedure applicable to rule-making functions. (2) Any person may request the adoption, amendment, or r…

437-001-0047 Voluntary Compliance Program, General (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 …

437-001-0050 Enforcement Program, General 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 inspecti…

437-001-0053 Preserving Physical Evidence at the Scene of an Accident (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 th…

437-001-0055 Priority of Inspections 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 — …

437-001-0057 Scheduling Inspections The following rules are intended to predominantly focus enforcement activities on the places of employment that the director reasonably believes to be the most unsafe. (1) Except for Programmed Inspections for Cause, the Division will schedule …

437-001-0060 Advance Notice (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…

437-001-0065 Right of Entry (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 docum…

437-001-0070 Inspection Warrants 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 - …

437-001-0075 Opening Conference (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…

437-001-0080 Inspection Without Employer or Employer Representative (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 representat…

437-001-0085 Employee Representation on Inspection Team (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 i…

437-001-0090 Inspection Procedures 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 statu…

437-001-0096 Red Warning Notice (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 emplo…

437-001-0099 Closing Conference (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 o…

437-001-0135 Evaluation of Probability to Establish Penalties (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…

437-001-0140 Evaluation of Severity to Establish Penalties (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 predi…

437-001-0142 Annual Adjustment of Civil Penalties (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 w…

437-001-0145 Penalty for Other than Serious, Serious, or Caused or Contributed to a Work-Related Fatality Violation (1) A civil penalty must be assessed for any serious physical harm or death-rated violation and may be assessed for any other than serious-rated violation as determ…

437-001-0150 Civil Penalty Adjustments (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 offic…

437-001-0155 Determination of Penalty — Failure to Correct (1) A citation must be issued for an employer’s failure to correct a previously cited violation. (2) Civil penalties assessed for a failure to correct a previously cited violation will not exceed the maximum penalty per d…

437-001-0160 Penalty Criteria — Repeat Violation (1) Civil penalty amounts as defined in OAR 437-001-0145(2) are adjusted and published annually in Oregon OSHA’s Annual Adjustments to Penalties Bulletin. All penalties shall not be reduced below the minimum or exceed the maximum a…

437-001-0165 Determination of Penalty — Repeat Violation (1) A civil penalty must be assessed for each serious repeat violation. The civil penalty for a serious repeat violation is determined by multiplying the civil penalty for the current violation (Table 2 of 437-001-0145(2)) …

437-001-0170 Determination of Penalty — Failure to Report an Occupational Fatality, Catastrophe, or Accident 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 and not greater than the…

437-001-0171 Determination of Penalty — Failure to Register a Farm Labor Camp/Facility 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 and…

437-001-0175 Determination of Penalty — Willful or Egregious Violation (1) A civil penalty must be assessed for each willful violation. The civil penalty for a willful violation is determined by the intersection of the probability rating and severity rating in accordance with Tab…

437-001-0176 Determination of Penalty — Failure to Notify Employees of Advance Notice 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 adv…

437-001-0180 Determination of Penalty — Relating to Red Warning Notice 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 $250 and not more than maximum penalty for a violation in accordance with O…

437-001-0201 Determination of Penalty — Relating to Field Sanitation The Administrator shall assess a minimum civil penalty of not less than $250 and not greater than the maximum penalty for a violation in accordance with OAR 437-001-0145(2), as adjusted annually in accordance wi…

437-001-0203 Determination of Penalty — Relating to Violations Which Have No Probability and Severity. (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…

437-001-0205 Citation and Notice of Penalty (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 inspect…

437-001-0215 Employer Response to Citation and Notice of Penalty (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 …

437-001-0220 Payment of Penalties (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). Statutory/Other Au…

437-001-0225 Penalty for Falsification (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 neithe…

437-001-0230 Correction of Violation (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 437-001-024…

437-001-0231 Abatement Verification (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 Correc…

437-001-0235 Failure to Correct Violation 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 alle…

437-001-0240 Extension of Correction Date — Application (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 b…

437-001-0245 Extension of Correction Date — Decision (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 g…

437-001-0250 Extension of Correction Date — Revocation The Administrator may, for good cause, revoke an extension of correction date. Statutory/Other Authority: ORS 654.025(2) & 656.726(3) Statutes/Other Implemented: ORS 654.001-654.295 History: APD 7-1988, f. 6-17-88, ef. 7-1-74…

437-001-0251 Extension of Correction Date — Hearing on the Application Affected employees or the employee representative shall be given the opportunity to request a hearing on an application for an extension of the correction date: (1) Requests for hearings shall be made in the f…