Oregon Administrative Code

437-001-0255 Requesting an Appeal and an Informal Conference (1) In order to appeal a citation, a written request for appeal must be filed with the Department of Consumer and Business Services and must be directed to Oregon OSHA at 350 Winter St. NE, Room 300, Salem, Oregon 97301…

437-001-0265 Amendment, Reissue or Withdrawal of Citation (1) When the Division identifies an error or errors in the citation, the Administrator may, for good cause, amend, reissue or withdraw a citation provided: (a) Such action will not reduce the occupational safety and health…

437-001-0270 Discretion To Prevent a Manifest Injustice (1) To prevent a manifest injustice, the Administrator, at the Administrator’s own discretion, or upon request from the Division or an adversely affected person, may vacate or amend a Division citation, notice, or order. (2)…

437-001-0275 Posting Requirements (1) Where OAR 437, Division 1, requires an employer to inform affected employees by posting, copies of the unedited notice or other document shall be posted promptly upon receipt in one or more places where it will readily be observable by affect…

437-001-0280 Posting on Selected Multi-Employer Jobsites At a multi-employer jobsite, the owner or the owner’s designated prime contractor may be directed to post a notice in a conspicuous manner in a sufficient number of locations throughout the jobsite to reasonably inform the …

437-001-0285 Form and Content of a Complaint Any person may complain to the Administrator of possible violations of any statute or of any lawful regulation, rule, standard, or order affecting employee safety or health at a place of employment. A complaint, whether oral or written…

437-001-0290 Division Action on Complaints (1) At the complainant’s request, in writing, their identity shall be kept in confidence. Any employee of the Department who fails to maintain that confidence is subject to disciplinary action. (2) Complaint inspections shall be schedule…

437-001-0295 Discrimination Complaint (1) An employee or prospective employee may file a complaint as provided in ORS 654.062(5) if the employee believes discrimination has occurred because: (a) The employee opposed a practice forbidden by, or engaged in a practice provided for, …

437-001-0400 Application for a Variance (1) Any employer may apply for a variance from any rule which specifically affects working conditions. This application may be submitted: (a) On a form provided by Oregon OSHA; or (b) In any written form that includes all information requir…

437-001-0405 Interim Order Relating to a Variance (1) An employer applying for a variance may request an interim order to be effective until final action is taken on the variance application. The request for an interim order: (a) May be included in the variance application; (b) M…

437-001-0410 Administrative Action on Variance Application (1) After a variance request is determined to be complete and procedurally adequate, as provided in OAR 437-001-0400, Oregon OSHA will publish the request for one day in at least one daily newspaper with general circulati…

437-001-0411 Hearings for Variance Applications Affected employers or employees will be given the opportunity to request a hearing on an application. (1) Request for hearings must be made in the following manner: (a) The request must be made within 30 days of publication of the a…

437-001-0415 Criteria for Variance Approval (1) An application for a permanent variance will be granted only if the applicant demonstrates, and Oregon OSHA determines, including consideration of employee or public comments, that the conditions, practices, operations, or processes…

437-001-0420 Decision on Variance Request (1) If a variance is granted, an order of variance will be issued. The order will include: (a) The name of the employer to whom the variance is granted; (b) The place of employment where the variance is applicable; (c) The type of varianc…

437-001-0425 Employer’s Duty to Meet Variance Terms (1) A variance is not effective until the employer has complied with its terms and requirements. (2) An employer may be cited for violating the terms of a variance. (See ORS 654.022) Statutory/Other Authority: ORS 654.025(2) & 6…

437-001-0430 Modification or Revocation of a Variance (1) A variance may be modified or revoked after it has been in effect 6 months or longer upon: (a) Receiving a request from the employer, an affected employee, or an employee representative containing: (A) The name and address…

437-001-0435 Effect of a Variance Granted by the U.S. Secretary of Labor (1) If an employer requesting a variance from an Oregon rule submits proof that a variance from an equivalent federal rule has been granted by the U.S. Secretary of Labor, the federal variance will be accept…

437-001-0450 Voluntary Compliance Consultative Services (1) The Administrator shall provide consultative services to assist employers in preventing occupational injury and disease, whatever the cause. (2) Consultative services may include providing technical information, but shal…

437-001-0455 Application for Consultative Services Employers may make a verbal or written request for consultative services. A request must: (1) Be made by an employer to a representative of the Division; (2) Identify the employer and the location where the consultation is desire…

437-001-0460 Consultation When a consultant responds to a request for a consultative service, the employer shall be advised: (1) Of the purpose of the visit; (2) Of the Administrative Rules and Standard Operating Procedures pertaining to consultative services; and (3) That the co…

437-001-0700 Recording Workplace Injuries and Illnesses (1) Purpose. This rule requires employers to record work-related fatalities, injuries, and illnesses. Note: Recording a work-related injury, illness, or fatality does not assign fault to anybody, does not prove the violation…

437-001-0704 Reporting Fatalities, Catastrophes, Injuries and Illnesses to Oregon OSHA (1) Purpose. This rule requires employers to report certain work-related fatalities, injuries, and illnesses. NOTE: Reporting a work-related injury, illness, or fatality does not assign fault t…

437-001-0706 Recordkeeping for Health Care Assaults (1) Purpose. This rule implements the amendments to the Oregon Safe Employment Act, ORS 654.412 through 654.423, providing specific provisions for the recordkeeping and reporting requirements of health care assaults, and additio…

437-001-0740 Falsification or Failure to Keep and Post Records or Make Reports Oregon OSHA will cite employers who fail to keep the records, post the summaries, or make the reports required by OAR 437-001-0700 (except OAR 437-001-0704 which is addressed in OAR 437-001-0170) or OA…

437-001-0742 Recordkeeping Variances and Exceptions In order to achieve a uniform national system for the recordkeeping and reporting of occupational injuries and illnesses, the State of Oregon and the U.S. Department of Labor have agreed that as applied to employers, defined in …

437-001-0760 Rules for All Workplaces (1) Employers’ Responsibilities. (a) The employer must see that workers are properly instructed and supervised in the safe operation of any machinery, tools, equipment, process, or practice that they are authorized to use or apply. This rule …

437-001-0765 Safety Committees and Safety Meetings. This rule requires employers to establish and administer a safety committee, or to hold safety meetings, to communicate and evaluate safety and health issues. Purpose: The purpose of safety committees and safety meetings is to b…

437-001-0800 Application Procedures (1) The Division may solicit applications for Occupational Safety and Health Grants to develop innovative, proactive occupational safety and health training, educational programs, or materials. (2) Any labor consortium, employer consortium, edu…

437-001-0805 Application Review (1) The Division shall review all applications and request any additional information needed to assure applications are relevant and complete. (2) After an application is determined to be complete and in compliance with the intended goals of the pr…

437-001-0810 Grant Awards (1) The Division shall notify applicants, in writing, of the approval or disapproval of the grant request. (2) The applicant shall execute documents required by the Division for evidence of the type and amount of grant given, performance criteria, and re…

437-001-0830 Authority for Rules The Director has adopted OAR 437-001-0830 through 437-001-0895 under authority of ORS 656.622(9) and 656.726(3). Statutory/Other Authority: ORS 656.622(9) & 656.622 Statutes/Other Implemented: ORS 656.622 History: OSHA 7-1999, f. & cert. ef. 7-15-…

437-001-0835 Purpose of Rules These rules explain what assistance is available from the Worksite Redesign Program, who is qualified and how to receive assistance. The department may solicit applications for worksite redesign grants and product grants in order to prevent the recur…

437-001-0840 Applicability of Rules These rules apply to all requests for Worksite Redesign Program assistance received by the department on or after the effective date of these rules. Worksite Redesign Program assistance shall only be provided in Oregon. Statutory/Other Authorit…

437-001-0845 Definitions (1) “Applicant” means the employer, employer group, employee group, educational association or educational institution which applies for a grant. An employer group or employee group may be created for the sole purpose of applying for and administering a w…

437-001-0850 Administration of Rules (1) All payments under the Worksite Redesign Program are subject to the availability of funds. The director has final authority to approve/disapprove requests for assistance and to determine how the funds will be disbursed. (2) In addition to …

437-001-0855 Assistance Available under the Worksite Redesign Program Assistance from the Fund will be in the form of grants. Grants will partially fund research and analysis of workplace problems, and/or development of solutions to workplace problems, and /or purchase of grant p…

437-001-0860 Eligibility for Worksite Redesign Assistance (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 inju…

437-001-0865 Procedure to Use the Worksite Redesign Program (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. …

437-001-0870 Application Review (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, …

437-001-0875 Grant Awards (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 connectio…

437-001-0880 Program Evaluation (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 requ…

437-001-0885 Audits (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 Pr…

437-001-0890 Sanctions 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…

437-001-0895 Issuance/Service of Sanction Orders (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 registere…

437-001-1005 Authority and Applicability of Rules (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 …

437-001-1010 Purpose and Scope (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 t…

437-001-1015 Definitions (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 separ…

437-001-1020 General Requirements (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…

437-001-1025 Notification of Services (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…

437-001-1030 Requests for Services (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 …