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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,
OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION

 

DIVISION 2

GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES

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Subdivision A — General

437-002-0005

Adoption by Reference

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 6/13/13, FR vol. 78, no. 114, p. 35559; 11/6/13, FR vol. 78, no. 215, p. 66641.

(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.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stat. Implemented: ORS 654.001 - 654.295
Hist.: APD 17-1988, f. & ef. 11-10-88; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 8-1999, f. & cert. ef. 8-6-99; OSHA 4-2005, f. & cert. ef 12-14-05; OSHA 4-2007, f. & cert. ef. 8-15-07; OSHA 7-2008, f. & cert. ef. 5-30-08; OSHA 5-2009, f. & cert. ef. 5-29-09; OSHA 1-2010, f. & cert. ef. 2-19-10; OSHA 2-2010, f. & cert. ef. 2-25-10; OSHA 4-2011, f. & cert. ef. 12-8-11; OSHA 5-2012, f. & cert. ef. 9-25-12; OSHA 7-2012, f. & cert. ef. 12-14-12; OSHA 7-2013, f. & cert. ef. 12-12-13

Oregon Amendments

437-002-0006

General Oregon Definitions

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
Hist.: APD 17-1988, f. & ef. 11-10-88

437-002-0007

Testing and Certification

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
Hist.: APD 17-1988, f. & ef. 11-10-88

Subdivision B — Adoption and Extension of Established Federal Standards

437-002-0010

Adoption by Reference

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
Hist.: APD 16-1988, f. & ef. 11-10-88; OSHA 1-1993, f. & cert. ef. 1-22-93; OSHA 4-1995, f. & cert. ef. 3-29-95; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 6-1997, f. & cert. ef. 5-2-97; OSHA 9-1997, f. & cert. ef. 12-31-97; OSHA 6-1999, f. & cert. ef. 5-26-99

Subdivision C — Access to Employee Exposure and Medical Records

437-002-0015

Adoption by Reference

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
Hist.: APD 3-1989, f. & ef. 3-1-89; OSHA 4-1997, f. & cert. ef. 4-2-97

Subdivision D — Walking-Working Surfaces

437-002-0020

Adoption by Reference

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 Definitions, published 6/27/74, Federal Register, vol. 39, no. 125, pp. 23505–23508.

(2) 29 CFR 1910.22 General Requirements, published 6/27/74, FR vol. 39, no. 125, p. 23508.

(3) 29 CFR 1910.23 Guarding Floor and Wall Openings and Holes, published 2/10/84, FR vol. 49, p. 5321. Amended with Oregon OSHA AO 2-2013, f. 2/15/13, ef. 4/1/13.

(4) 29 CFR 1910.24 Fixed Industrial Stairs, published 2/10/84, FR vol. 49, p. 5321.

(5) 29 CFR 1910.25 Portable Wood Ladders, REPEALED. In Oregon, OAR 437-002-0026 applies.

(6) 29 CFR 1910.26 Portable Metal Ladders, REPEALED. In Oregon, OAR 437-002-0026 applies.

(7) 29 CFR 1910.27 Fixed Ladders, REPEALED. In Oregon, OAR 437-002-0027 applies.

(8) 29 CFR 1910.28 Safety Requirements for Scaffolding, published 4/12/88, FR vol. 53, p. 12121.

(9) 29 CFR 1910.29 Manually Propelled Mobile Ladder Stands and Scaffolds (Towers), published 6/27/74, FR vol. 39, no. 125, pp. 23529–23530.

(10) 29 CFR 1910.30 Other Working Surfaces, published 3/7/96, FR vol. 61, no. 46, p. 9235.

(11) 29 CFR 1910.31 Source of Standards, published 3/7/96, FR vol. 61, no. 46, p. 9235.

(12) 29 CFR 1910.32 Standards Organizations, published 3/7/96, FR vol. 61, no. 46, p. 9235.

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
Hist.: APD 4-1990, f. & cert. ef. 1-23-90; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 10-1999, f. & cert. ef. 9-10-99; OSHA 2-2013, f. 2-15-13, cert. ef. 4-1-13

437-002-0022

Additional Oregon General Requirements

(1) Barriers.

(a) Protective barriers or suitable guards shall be 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 shall be stationed where temporary conditions do not permit safeguarding of employees through the use of warning signs, lights, protective barriers, or covers.

(2) Plant Arrangement.

(a) Provisions for safety (such as adequate work and storage space for the full needs of raw, in-process, and finished materials, and for machinery, equipment and operations) shall be included in plant design, layout, and operation.

(b) A vertical clearance of not less than 6-1/2 feet shall be provided over work areas. Where it is otherwise impractical to secure adequate head room, overhead obstructions may be padded or may be indicated by means of contrasting paint, telltales, or similar means, if such means will furnish adequate protection.

(c) Work platforms provided shall be of sufficient width to provide a safe working space.

(3) Aisles, Passageways, Walkways, Inclines.

(a) Aisles, passageways, and walkways shall be of adequate width for their intended or actual use, and in no event shall they be less than 22 inches wide. Passageways which are elevated more than 4 feet above the ground or floor level shall be provided with standard railings.

(b) Walkways or passageways equipped with standard handrails shall be provided for oilers and other workers who are regularly required to go to elevated or other hazardous locations. Whenever space will permit, they shall be not less than 22 inches wide.

(A) Fixed inclined walkways shall be not less than 22 inches wide, equipped with handrails on each open side, inclined at no greater angle than 24 degrees, and they shall be securely fastened at the top and bottom.

(B) Moveable inclined walkways which extend to floats or floating equipment (except to vessels under Federal jurisdiction) shall be not less than 20 inches wide, and shall be secured at the upper end only with clear space provided for the lower end to adjust automatically with the heights of water.

(d) An adequate anti-slip surface shall be applied to inclined walkways whenever the gradient so warrants. Adequate cleats secured at uniform intervals not to exceed 18 inches, and extending the full width of the walkway when practical, may be used for this purpose.

(e) Inclines extending from floor to floor which are used instead of stairways shall have standard railings in accordance with the requirements for stairways.

(f) Aisles, passageways, walkways, and inclines shall be kept in good repair and shall be free of holes, unevenness, loose boards, protruding nails, or any other unnecessary obstructions or debris.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: OSHA 4-1990, f. & cert. ef. 1-23-90; OSHA 6-1994, f. & cert. ef. 9-30-94; Renumbered from 437-002-0022

437-002-0023

Covers for Holes

Covers for holes in floors, roofs, and other walking/working surfaces (to include skylights and skylight screens) must be capable of supporting, without failure, at least twice the weight of employees, equipment, and materials that may be imposed on the cover at any one time.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 2-2013, f. 2-15-13, cert. ef. 4-1-13

437-002-0026

Portable Ladders

(1) Definitions. Portable ladder terms mean:

(a) Check. A lengthwise separation of the wood, most of which occurs across the rings of annual growth.

(b) Compression failure. A deformation (buckling) of the fibers due to excessive compression along the grain.

(c) Decay. Disintegration of wood substance due to action of wood-destroying fungi. It is also known as dote and rot.

(d) Extension ladder. A non self-supporting portable ladder of adjustable length. It has two or more sections that adjust to varied lengths.

(e) Extension trestle ladder. An adjustable, self-supporting portable ladder made of a trestle ladder base and a vertical extension section.

(f) Ladder. A device with steps, rungs or cleats between rails, for people to climb up or down.

(g) Low density wood. Exceptionally light in weight and usually deficient in strength for the species.

(h) Platform ladder. A fixed length, self-supporting portable ladder with a platform at the highest permissible standing level.

(i) Platform. A landing surface for working or standing.

(j) Reinforced Plastic. A plastic made stronger than its base by the addition of high strength fillers, usually fibers, fabrics or mats.

(k) Section.

(A) Bottom or base section. The lowest section of a non self-supporting portable ladder.

(B) Middle or intermediate section. The section(s) between the top (fly) and bottom (base) sections of a non self-supporting portable ladder.

(C) Top or fly section. The uppermost section of a non self-supporting portable ladder.

(l) Sectional ladder. A non-self-supporting, fixed length, portable ladder, with two or more sections of ladder that may combine to work as a single ladder. Its size is the length of the assembled sections.

(m) Shake. A separation along the grain, most of which occurs between the rings of annual growth.

(n) Single Section Ladder. A fixed length, non self-supporting portable ladder made of one section.

(o) Stepladder. A fixed length, self-supporting portable ladder with a hinged back.

(p) Top Cap. The very top part of a stepladder.

(q) Top Step. The first step below the top cap of a stepladder. If the ladder has no top cap, the top step is the first one below the top of the rails.

(r) Trestle ladder. A fixed length, self-supporting portable ladder made of two sections and hinged at the top. It can be climbed by two people at once, one per side.

(s) Wane. Bark, or the lack of wood from any cause, on the corner of a piece.

(t) Wood irregularities. Natural characteristics in or on wood that may lower its durability, strength, or utility.

(u) Working Load Rating. The maximum load authorized by the manufacturer for the ladder.

(2) Application: This standard covers the selection, use and care of portable ladders used in agriculture. It does not cover orchard ladders, special ladders, combination step and extension ladders, aisle way step ladders, and shelf ladders.

(3) Ladder selection:

(a) Portable reinforced plastic (fiberglass) ladders must comply with American National Standard A14.5-1992. Wood ladders must comply with American National Standard A14.1-1994. Metal ladders must comply with American National Standard A14.2-1990.

(b) Unaltered and properly maintained ladders that meet the ANSI standard in effect at the time of their manufacture comply with this standard as do ladders that comply with newer versions of the particular ANSI standard.

(4) Condition of wood ladders: There must be no sharp edges or splinters on wood parts. Visual inspection must show no check, shake, wane, compression failures, decay, or other wood irregularities. Ladders may not be made of low-density wood.

(5) General requirements -- all ladders:

(a) Step spacing must be uniform and not more than 12 inches. Steps must be parallel and level when the ladder is in the normal use position.

(b) All joints, attachments and working parts of ladders must be tight and not worn to a point that causes a hazard. Do not use ladders with damaged or bent parts.

(c) Replace frayed or badly worn rope.

(d) Safety feet and other auxiliary equipment must in good condition.

(e) Inspect ladders and remove from use any with defects. Ladders awaiting repair must be tagged "Dangerous, Do Not Use."

(f) There can be no dents, breaks or bends in the side rails or rungs.

(g) Do not make ladders by fastening cleats across a single rail.

(h) Portable ladders must have nonslip bases.

(6) General requirements -- Portable stepladders:

(a) The minimum width between side rails at the top, inside to inside, must be not less than 11 inches. From top to bottom, the side rails must spread at least 1 inch for each foot of length of the stepladder.

(b) The bottoms of the four rails must have insulating nonslip material.

(c) There must be a metal spreader or locking device strong enough to hold the ladder open. The spreader must have no sharp points or edges. For Type III ladders, the pail shelf and spreader can be one unit (a shelf-lock ladder).

(7) Use -- All ladders: Use ladders only for purposes approved or recommended by the manufacturer.

(a) Do not load ladders beyond their working load rating.

(b) Do not use ladders in front of doors that open toward the ladder without blocking, locking or guarding the door.

(c) Do not use ladders placed on boxes, barrels, or other unstable bases to obtain additional height.

(d) Do not use ladders with broken or missing steps, rungs, or cleats, broken side rails, or other faulty parts.

(e) Do not splice sections of short ladders together to make a long one.

(f) When used, metal reinforcers must be on the underside of rails of portable rung ladders.

(g) A ladder for access to a roof must extend at least 3 feet above the top support point, at the eave, gutter, or roofline.

(h) Secure ladders as necessary when used on surfaces that may allow slipping or movement. Use one of the following methods:

(A) Non-slip bases on the ladder feet; or

(B) Steel points or safety shoes on the ladder feet, designed for the type of surface the ladder is on; or

(C) Nail the ladder to the floor, or set it against secured blocks or chocks.

NOTE: Non-slip bases are not a substitute for care in safely placing, lashing, or holding a ladder on oily, metal, concrete, or slippery surfaces.

(i) Use portable ladders only on a surface that gives stable, level footing.

(j) The climber must face the ladder and have free use of both hands when climbing up or down.

(k) Do not step or jump between erected ladders.

(l) There must be only one person at a time on a ladder unless its labeling specifically allows use by more than one person.

(m) Do not use ladders as planks or bridges between walking surfaces or in other horizontal applications.

(n) Do not use ladders to gain additional height from elevated surfaces like scaffolds, truck beds, vehicle bodies, tractor scoops or boom truck buckets.

(o) When working on or near electric circuits or energized lines, comply with OAR 437-002-1910.333(c).

(p) Unless the ladder has a single support attachment, the tops of both rails must contact an adequate support surface.

(q) Do not use ladders for any purpose not intended by the manufacturer nor as a brace, skid, guy or anchor point.

(8) Use of specific types of ladders.

(a) Portable stepladders. Do not use stepladders more than 20 feet long.

(A) Do not climb on the back section of the ladder unless it has steps meant for climbing. Do not stand on the top step or top cap of stepladders.

(B) There must be only one person at a time on the ladder.

(C) Do not use stepladders in freestanding positions when not fully opened. Do not use them as supports for working platforms or scaffolding planks.

(b) Portable rung ladders.

(A) Single ladder.

(i) Do not use single ladders more than 30 feet long.

(ii) Place these ladders at an angle shown in Figure 1. [Figure not included. See ED. NOTE.]

(iii) The tops must be tied down or secured if there is a possibility of sliding or movement.

(iv) Single ladders are acceptable as fixed ladders only when they comply with 437-002-0027.

(B) Two-section ladder.

(i) Do not use two-section extension ladders more than 60 feet long. All ladders of this type must have two sections, one to fit within the side rails of the other, and arranged so that the upper section will raise and lower.

(ii) Set up and use extension ladders so that the top section or fly is resting on the bottom section or base. Rung locks must be in the proper position.

(iii) Place these ladders at an angle shown in Figure 1.

(iv) The tops must be tied down or secured if there is a possibility of sliding or movement.

(v) On two-section extension ladders the minimum overlap for the two sections in use must be as follows: [Table not included. See ED. NOTE.]

(C) Sectional ladder.

(i) Do not use assembled combinations of sectional ladders longer than lengths allowed in this subdivision.

(ii) Place these ladders at an angle shown in Figure 1.

(iii) The tops must be tied down or secured if there is a possibility of sliding or movement.

(iv) Do not use three section extension ladders longer than 72 feet.

(D) Trestle and extension trestle ladder. Do not use trestle ladders, or extension sections or base sections of extension trestle ladders more than 20 feet long.

[ED. NOTE: Copies of the Figures and Tables referenced in this rule are available from the agency.]

[Publications: The publications referenced in this rule are available for review at the agency.]

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: OSHA 10-1999, f. & cert. ef. 9-10-99

437-002-0027

Fixed Ladders

(1) Definitions. Fixed ladder terms mean:

(a) Cage. A guard sometimes referred to as a basket guard that is an enclosure fastened to the side rails of a fixed ladder or to a structure to encircle the climbing space of the ladder.

(b) Cleats. Ladder crosspieces of rectangular cross-section placed on edge on which a person may step when climbing up or down.

(c) Fastenings. A device to attach a ladder to a structure, building, or equipment.

(d) Fixed ladder. A ladder permanently attached to a structure, building, or equipment.

(e) Grab bars. Individual handholds adjacent to or as an extension above ladders to provide access beyond the limits of the ladder.

(f) Individual-rung ladder. A fixed ladder with each rung individually attached to a structure, building, or equipment.

(g) Ladder. A device with steps, rungs or cleats between rails, for people to climb up or down.

(h) Ladder safety device. Any device, other than a cage or well, designed to eliminate or reduce the possibility of accidental falls, that may use life belts, friction brakes, and sliding attachments.

(i) Pitch. The included angle between the horizontal and the ladder, measured on the opposite side of the ladder from the climbing side.

(j) Rail ladder. A fixed ladder with side rails joined at regular intervals by rungs or cleats and fastened in full length or in sections to a building, structure, or equipment.

(k) Rungs. Ladder crosspieces of circular or oval cross-section on which a person may step when climbing up or down.

(l) Side-step ladder. One from which a person getting off at the top must step sideways to reach the landing.

(m) Steps. The flat crosspieces of a ladder on which a person may step when climbing up or down.

(n) Through ladder. A ladder from which a person getting off at the top must step through side rails to reach the landing.

(o) Well. A permanent complete enclosure around a fixed ladder, that is attached to the walls of the well. Proper clearances for a well will give the climber the same protection as a cage.

(2) Design requirements: Design considerations. All ladders, appurtenances, and fastenings must meet these load requirements:

(a) The minimum design live load must be a single concentrated load of 200 pounds.

(b) Design consideration must include the number and position of additional concentrated live load units of 200 pounds each as determined from anticipated use.

(c) Consider the live loads caused by persons on the ladder to be concentrated at such points as will cause the maximum stress in the structural member being under evaluation.

(d) Use the weight of the ladder and attachments together with the live load when designing rails and fastenings.

(e) All wood parts of fixed ladders must meet the requirements of OAR 437-002-0027(3).

(f) For fixed ladders with wood side rails and wood rungs or cleats, used at an angle between 75º and 90º, and intended for use by no more than one person per section, single ladders in OAR 437-002-0026(8)(b)(A) are acceptable.

(3) Specific features.

(a) Rungs and cleats.

(A) All rungs must have a minimum diameter of 3/4 inch for metal ladders, except as in paragraph OAR 437-002-0027(3)(g) and a minimum diameter of 1-1/8 inches for wood ladders.

(B) The distance between rungs, cleats, and steps must be uniform and not more than 12 inches.

(C) The minimum clear length of rungs or cleats must be 16 inches.

(D) Rungs, cleats, and steps must not have splinters, sharp edges, burrs, or projections.

(E) The rungs of an individual rung ladder must not allow the climber's foot to slide off the end. Figure 2 shows a suggested design. [Figure not included. See ED. NOTE.]

(b) Side rails. Side rails that might be used as a climbing aid must be of such cross sections as to afford adequate gripping surface without sharp edges, splinters, or burrs.

(c) Fastenings. Fastenings must be an integral part of fixed ladder design.

(d) Splices. All splices must meet design requirements noted in (2)(a) above. All splices and connections must have smooth transition with original members and no sharp or extensive projections.

(e) Electrolytic action. Protect dissimilar metals from electrolytic action when they are joined.

(f) Welding. All welding must be according to the "Code for Welding in Building Construction" (AWSD1.0-1966).

(g) Protection from deterioration. Paint or treat metal ladders and attachments to resist corrosion and rusting when necessary. Ladders with individual metal rungs imbedded in concrete, that serve as access to pits and to other areas under floors, must have rungs with a minimum diameter of 1 inch or paint or treatment to resist corrosion and rusting.

(4) Clearance.

(a) Climbing side. On fixed ladders, the perpendicular distance from the centerline of the rungs to the nearest permanent object on the climbing side of the ladder must be 36 inches for a pitch of 76º, and 30 inches for a pitch of 90º (fig. 3), with minimum clearances for intermediate pitches varying between these two limits in proportion to the slope, except as in (4)(c) and (e) below.

(b) Ladders without cages or wells. There must be a clear width of at least 15 inches each way from the centerline of the ladder in the climbing space, except when cages or wells are necessary.

(c) Ladders with cages or baskets. Subparagraphs (4)(a) and (b) above do not cover ladders with a cage or basket. They must conform to (5)(a)(E). Subparagraph (4)(a) above does not cover fixed ladders in smooth-walled wells. They must conform to (5)(a)(F).

(d) Clearance in back of ladder. The distance from the centerline of rungs, cleats, or steps to the nearest permanent object in back of the ladder must be not less than 7 inches, except that when there are unavoidable obstructions, there must be minimum clearances shown in Figure 4. [Figure not included. See ED. NOTE.]

(e) Clearance in back of grab bar. The distance from the centerline of the grab bar to the nearest permanent object in back of the grab bars must be not less than 4 inches. Grab bars must not protrude on the climbing side beyond the rungs of the ladder that they serve.

(f) Step-across distance. The step-across distance from the nearest edge of the ladder to the nearest edge of equipment or structure must be not more than 12 inches, or less than 2 inches (Figure 5). [Figure not included. See ED. NOTE.]

(g) Hatch cover. Counterweighted hatch covers must open a minimum of 60º from the horizontal. The distance from the centerline of rungs or cleats to the edge of the hatch opening on the climbing side must be not less than 24 inches for offset wells or 30 inches for straight wells. There must be no protruding potential hazards within 24 inches of the centerline of rungs or cleats; any such hazards within 30 inches of the centerline of the rungs or cleats must have deflector plates at an angle of 60º from the horizontal as shown in figure 6. The relationship of a fixed ladder to an acceptable counterweighted hatch cover is shown in Figure 7. [Figure not included. See ED. NOTE.]

(5) Special requirements.

(a) Cages, Wells and Ladder Climbing Safety systems.

(A) Cages, wells or ladder climbing safety systems must be on all ladders where the length of climb is more than 24 feet but not more than 50 feet or the top of the ladder is more than 24 feet above the ground or nearest lower landing surface.

NOTE: Design specifications for cages and wells are in Figures 8, 9 and 10.

(B) Ladders with a length of climb more than 50 feet must have a cage, well or climbing safety system and must meet one of the following two requirements:

(i) When using a cage or well the ladder must be in sections, horizontally offset, with rest platforms at least every 50 feet.

(ii) When using a ladder climbing safety system the ladder must have rest platforms at least every 150 feet (except chimneys).

(C) Cages must extend at least 42 inches above the top of the landing, unless there is other acceptable protection.

(D) Cages must extend down the ladder to a point not less than 7 feet nor more than 8 feet above the base of the ladder. The bottom must flare not less than 4 inches or the portion of the cage opposite the ladder must extend to the base.

(E) Cages must not extend less than 27 nor more than 28 inches from the centerline of the rungs of the ladder. Cages must not be less than 27 inches in width. The inside must be clear of projections. Vertical bars must be at a maximum spacing of 40 degrees around the circumference of the cage; this will give a maximum spacing of approximately 9 inches, center to center.

(F) Ladder wells must have a clear width of at least 15 inches measured each way from the centerline of the ladder. Smooth-walled wells must be a minimum of 27 inches from the centerline of rungs to the well wall on the climbing side of the ladder. Where other obstructions on the climbing side of the ladder exist, there must be a minimum of 30 inches from the centerline of the rungs.

(b) Landing platforms.

(A) Where a person has to step a distance more than 12 inches from the center line of the rung of a ladder to the nearest edge of a structure or equipment, there must be a landing platform. The minimum step-across distance is 2 inches.

(B) All landings must have standard railings and toeboards, that give safe access to the ladder. Platforms must be not less than 24 inches wide and 30 inches long.

(C) One rung of any section of ladder must be at the level of the landing laterally served by the ladder. Where access to the landing is through the ladder, the spacing from the landing platform to the first rung below the landing must be the same as the rung spacing on the ladder.

(c) Ladder extensions. The side rails of through or side step ladder extensions must extend 3 feet above parapets and landings. For through ladder extensions, omit the rungs from the extension. There must be not less than 18 nor more than 24 inches clearance between rails. For side step or offset fixed ladder sections, at landings, the side rails and rungs must extend to the next regular rung beyond or above the 3-foot minimum (Figure 11). [Figure not included. See ED. NOTE.]

(d) Grab bars. Space grab bars by a continuation of the rung spacing when they are horizontal. Vertical grab bars must have the same spacing as the ladder side rails. Grab bar diameters must be the equivalent of the round rung diameters.

(6) Pitch.

(a) Preferred pitch. The preferred pitch of fixed ladders is between 75º and 90º with the horizontal (Figure 12). [Figure not included. See ED. NOTE.]

(b) Substandard pitch. Fixed ladders are substandard if they are between 60º and 75º with the horizontal. Substandard fixed ladders are allowed only where necessary to meet conditions of installation.

(c) Scope of coverage in this section. This section covers only fixed ladders between 60º and 90º with the horizontal.

(d) Pitch more than 90º. No ladder may be more than 90º with the horizontal.

(7) Maintenance. All ladders must be in safe condition. Inspect ladders at intervals determined by use and exposure.

[ED. NOTE: 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
Hist.: OSHA 10-1999, f. & cert. ef. 9-10-99

437-002-0028

Guardrails and Toeboards

Guardrails and toeboards shall be installed on all open sides and ends of platforms more than 10 feet above the ground or floor.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: OSHA 4-1990, f. & cert. ef. 1-23-90

437-002-0030

Floors

The following Oregon-initiated rule relates to 29 CFR 1910.30, Other Working Surfaces:

(1) Floors, floor supports, and required appurtenances shall be well maintained and kept in good repair. Defects should be remedied as soon as observed. Unless repaired immediately, hazardous floor openings and holes shall be fenced off or otherwise suitably guarded, and shall remain fenced off or guarded until properly repaired.

(2) Floors subject to slipping hazards due to conditions or processes of an operation or materials to which they will be exposed shall be of material and/or design which will effectively control slippery conditions.

[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
Hist.: OSHA 4-1990, f. & cert. ef. 1-23-90; OSHA 6-1994, f. & cert. ef. 9-30-94

437-002-0031

Provisions for Window Cleaners

(1) Every window so constructed that a worker must stand on the outside sill or ledge to clean the window and having a sill more than ten feet above the ground or adjoining surface, shall have a sill at least six inches wide with a slope not greater than one to six, and shall have a securely fastened at each side of the window, at a height not less than 42 inches or more than 51 inches, a safety anchorage to which may be fastened a window cleaner's safety belt. Such anchorage shall be of a metal having a corrosion resistance of 60 percent as compared to copper. The anchor shall be machined from bar stock or forged and heat-treated, and shall be capable of supporting a pull of 6,000 pounds without fracture applied in the direction which the anchor must withstand in service should a person fall.

(2) Anchor clearance shall be not less than one inch at either side and not less than five inches above or below the anchor.

(3) All anchors and anchor fastenings shall be provided with means to prevent them from turning, backing off or becoming loose.

(4) Anchor fittings having a single threaded section which is merely screwed into reinforcing plates are prohibited.

(5) Following are acceptable methods of installing anchors in various types of construction. Other methods excepting those specifically prohibited, may be permitted, provided that they furnish at least the equivalent strength and safety:

(a) In wood construction, two through bolts of not less than 3/8 inch diameter shall pass through the entire window frame or mullion to secure each anchor, securely fastened by a washer and nut, the ends of bolts upset to prevent the nuts from loosening or being removed. The use of lag screws is specifically prohibited;

(b)(A) In hollow metal frame construction, the anchor shall be attached by two 3/8 inch diameter bolts which shall pass through the face of the frame and through a 3/8 inch thick steel back-up plate, 3/4 inch wide extending from five inches above the upper bolt to two inches below th lower one. Bolts shall be secured by means of nuts and lock washers or equivalent means. If impractical to provide nuts and lock washers, the reinforcing plate may be tapped to receive the 3/8 inch bolts, which must pass completely through the plate and be secured with lock washers. If the threaded bolt is an integral part of the anchor, it shall be at least 1/2 inch in diameter and be secured by a nut and lock washer or equivalent means. All screws or bolts used shall have the threads terminate far enough from the head to prevent weakening due to undercutting;

(B) In either solid or hollow aluminum frames, the reinforcing plate and bolts shall be heavily coated with a bituminous paint, and a plastic gasket shall be placed between the anchor and the aluminum metal as a means of preventing electrolytic action between unlike metals; or another acceptable means which will prevent such action may be used.

(c) In solid metal frame construction, anchors shall be attached by two 3/8 inch diameter bolts passed through the frame and secured by nuts and washers on the inside, ends of bolts upset. When this method cannot be used, it will be permissible to drill and tap the metal frame to a depth of at least 3/8 inch and install the anchor with at least two 3/8 inch screws, which shall have the threads terminate far enough from the head to prevent weakening due to undercutting. If the threaded bolt is an integral part of the anchor, it shall be at least 1/2 inch in diameter and be secured by a nut and lock washer, or equivalent means;

(d) In masonry construction, the anchor shall be either a single bolt at least 1/2 inch in diameter, or two 3/8 inch diameter bolts. Such bolt or bolts shall have a head on the inner end and shall be imbedded not less than eight inches in solid masonry, or extend through the wall or mullion and be secured by a nut and lock washer or equivalent means. The use of masonry anchors consisting of flat metal embedded in mortar joints between brick or concrete blocks or stone is prohibited in new or existing buildings.

(6) Where sills are less than six inches wide, auxiliary or portable sills or other means providing equivalent safety may be permitted.

(7) Window cleaners' anchorages shall be inspected regularly and any defects found shall be remedied before workers are permitted to use them.

(8) For buildings constructed, remodeled or renovated on or after the adoption date of this rule the provisions of ANSI/ASME A39.1-1987 shall apply.

[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
Hist.: OSHA 4-1990, f. & cert. ef. 1-23-90

437-002-0032

Ramps and Runways

(1) Ramps and runways shall be substantially constructed, and shall be maintained in safe condition.

(2) Ramps and runways for vehicles shall have adequate width and evenness for safe operation of equipment and they shall be provided with timber guards of not less than nominal six-inch by six-inch material set on nominal three inch blocks, or the equivalent, placed parallel to and secured to the sides of the ramp or runway.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: OSHA 4-1990, f. & cert. ef. 1-23-90

437-002-0033

Piers and Wharves

(1) Open sides of piers and wharves, more than four feet above ground or water level, shall be provided with a shear or guard timber (bull rail) of not less than six-inch by six-inch wood material set on nominal three-inch blocking, or material of equal strength and of minimum height securely attached. Except for areas where vessels' mooring lines are handled, the open sides not used for loading or unloading purposes shall be provided with standard handrails in addition to shear timbers.

(2) 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.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: OSHA 4-1990, f. & cert. ef. 1-23-90

Subdivision E — Means of Egress

437-002-0040

Adoption by Reference

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
Hist.: APD 4-1990, f. & cert. ef. 1-23-90; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 8-2000, f. & cert. ef. 10-10-00

437-002-0041

Exits and Exit Routes

(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.

(3) General:

(a) There must be permanent, unobstructed exit routes to get out of work areas safely during emergencies.

(b) There must be two or more exit routes depending on the size and layout of the work area and the number of people involved. A single exit route is acceptable only if all workers can get out through it safely during an emergency. Locate multiple exit routes apart from each other.

(4) Design:

(a) An exit must have enough openings to permit access to, or exit from, occupied areas. An interior opening into an exit must have a self-closing fire door that remains closed. Each fire door, its frame, and its hardware must be listed or approved by a nationally recognized testing laboratory.

Note to paragraph(a): 29 CFR 1910.155(c)(3)(iv)(A) defines "listed," 29 CFR 1910.7 defines a "nationally recognized testing laboratory," and 29 CFR 1910.155 (c)(3) defines "approved."

(b) Walls or partitions that separate an exit from other areas must have at least a 1-hour fire resistance rating if the exit connects three stories or less. Materials that separate an exit must have at least a 2-hour fire resistance rating if the exit connects four stories or more.

(c) Exits must open from the inside without keys, tools or special knowledge. Devices that lock only from the outside are acceptable. There must be nothing on an exit door that could hinder its use during an emergency.

Note: You may lock or block an exit door from the inside in a mental, penal, or correctional institution, if supervisory personnel are continuously on duty and a plan exists to remove occupants during an emergency.

(d) An exit must lead directly outside or to a street, walkway, refuge area, or to an open space with access to the outside.

(e) Exit stairs that continue beyond the floor of exit discharge must have doors, partitions, or other effective means at the floor of exit discharge to assure that the direction of exit travel is clear to employees.

(f) Use only a side-hinged exit door to connect any room to an exit route. The door must swing out if the room can hold more than 50 persons or has highly flammable or explosive materials in it.

(g) Each exit route must be able to handle the maximum-permitted occupant load for each floor served by it. The capacity of a path to the exit must not decrease as people move toward the exit.

(h) The exit route must be at least 6 feet, 8 inches high at all points.

(i) An exit route must be at least 28 inches wide at all points between handrails and wider if needed to handle the occupant load.

(j) Objects that project into the exit route must not reduce the minimum height and width of the exit route.

(k) Repair or replace damaged or altered fire retardant coatings to keep their original retardant effectiveness.

(5) Access:

(a) There must be unobstructed access to exit routes.

(b) Exit routes must not pass through or into lockable rooms or dead ends.

(c) Exit routes must be mostly level or have stairs or ramps.

(6) Outside and refuge areas:

(a) The street, walkway, refuge area, or open space to which an exit leads must be large enough to accommodate all building occupants likely to use that exit.

(b) A refuge area must be:

(A) A space along an exit route protected from the effects of fire either by separation from other spaces within the building or by its location; or

(B) A floor with at least two spaces separated by smoke-resistant partitions, in a building where each floor is protected by an automatic sprinkler system. Automatic sprinkler systems must comply with 29 CFR 1910.159.

(7) Outside Exit Routes:

(a) Outdoor exit routes must meet the requirements for indoor exit routes and these additional requirements:

(A) The exit route must have guardrails to protect unenclosed sides elevated above a lower surface;

(B) There must be a cover if accumulation of snow or ice is likely;

(C) The exit route must be reasonably straight, smooth, solid, substantially level; and

(D) The exit route must have no dead ends longer than 20 feet.

(8) Condition of Exit Routes and Exits:

(a) Exit routes must minimize danger to employees during emergencies.

(b) Exit routes must be free of highly flammable furnishings and decorations.

(c) An exit route must not require employees to travel toward materials that burn very quickly, emit poisonous fumes, or are explosive, unless those materials are effectively shielded from the exit route.

(d) Exit routes must have adequate lighting.

(e) Each exit must be clearly visible and must have a distinctive sign reading "Exit." Install additional directional signs to exits where necessary.

(f) Exit doors must have no signs or decorations that obscure their visibility.

(g) The line-of-sight to an exit sign must be clear.

(h) If workers could mistake a "non-exit" for an exit, mark the non-exit, "Not an Exit" or mark it to indicate its real use.

(i) There must be enough reliable light on or from exit signs to allow them to be effective during emergencies.

(j) All safeguards to protect employees during an emergency (e.g., sprinkler systems, alarm systems, fire doors, exit lighting) must work properly.

(9) Exits During Construction and Repair:

(a) Employees must not occupy an area under construction until an adequate number of exit routes that comply with these rules are available.

(b) Employees must not occupy an area during repair or alteration unless all exits and existing fire protection remain as effective as before the work. Alternate fire protection must provide an equivalent level of safety.

(c) Flammable or explosive materials used during construction or repair must not expose employees to hazards not otherwise present or impede emergency escape.

(10) Alarm System. There must be an operable employee alarm system with a distinctive signal to warn employees of fire or other emergencies, unless employees can see or smell a fire or other hazard so that it would provide adequate warning to them. The employee alarm system must comply with the requirements of 29 CFR 1910.165.

(11) Special Circumstances -- Counterweights and Cold Storage Facilities.

(a) There must be an enclosure or guard around counterweights that are near enough to passageways or work areas to cause a hazard. The guard or enclosure need only be sufficient to protect workers from contact with the counterweight when it moves.

(b) The doors on walk-in refrigerators, coolers and freezers must have latches or closer devices that open from the inside without a key or special knowledge or effort.

Stat. Authority: ORS 654.025(2) & ORS 656.726(4).
Stats. Implemented: ORS 654.001 - ORS 654.295.
Hist.: OSHA 8-2000, f. & cert. ef. 10-10-00; OSHA 12-2001, f. & cert. ef. 10-26-01

437-002-0042

Emergency Action Plan

(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.

(2) Minimum Elements of An Emergency Action Plan. An emergency action plan must include:

(a) Procedures for emergency evacuation, including type of evacuation and exit route assignments;

(b) Procedures to account for all employees after evacuation;

(c) Procedures for reporting a fire or other emergency;

(d) Procedures to follow for emergency operation or shut down of critical equipment before evacuation;

(e) Procedures to follow for rescue and medical duties; and,

(f) Names or job titles of employees to contact for more information about the duties of employees under the plan.

(3) Employee Alarm System. There must be a properly working employee alarm system. The alarm system must use a distinctive signal for each purpose and comply with 29 CFR 1910.165.

(4) Training. An employer must designate employees to assist in the safe emergency evacuation of other employees. These designated employees must receive training in emergency evacuation procedures.

(5) Employee Review. An employer must review the emergency action plan with each employee covered by it:

(a) When the plan is new or the employee is new to the job;

(b) When the employee's responsibilities under the plan change; and,

(c) When the plan changes.

Stat. Authority: ORS 654.025(2) & ORS 656.726(4).
Stats. Implemented: ORS 654.001 - ORS 654.295.
Hist.: OSHA 8-2000, f. & cert. ef. 10-10-00; OSHA 12-2001, f. & cert. ef. 10-26-01

437-002-0043

Fire Prevention Plan

(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.

(2) Minimum Elements of A Fire Prevention Plan. A fire prevention plan must include:

(a) A list of all major fire hazards, including proper handling and storage procedures for hazardous materials, potential ignition sources and their control, and the type of fire protection equipment necessary to control each major hazard;

(b) Procedures to control accumulations of flammable and combustible waste materials;

(c) Procedures for regular maintenance of safeguards on heat producing equipment to prevent accidental ignition of combustible materials;

(d) Names or job titles of employees responsible for maintaining equipment to prevent or control sources of ignition or fires; and,

(e) Names or job titles of those responsible for control of fuel source hazards.

(3) Employee Information. The employer must:

(a) Inform employees of the fire hazards in their work area; and

(b) Review with each employee, when first assigned to a job, those parts of the fire prevention plan necessary for self-protection.

Stat. Authority: ORS 654.025(2) & ORS 656.726(4).
Statutes Implemented: ORS 654.001 - ORS 654.295.
Hist.: OSHA 8-2000, f. & cert. ef. 10-10-00; OSHA 12-2001, f. & cert. ef. 10-26-01

437-002-0047

Working Near Overhead High Voltage Lines and Equipment

(1) Definitions.

(a) Insulating Barrier or Guard. A structure, installation, barrier, or guard (such as a wall, fence, pole, shield, or something similar) that stops movement and prevents all possible contact with the lines or equipment. Its design, material composition, and installation prevents possible conduction of electricity up to the maximum voltage of the system.

(b) Restricted Space.

(A) For lines rated more than 600 V to 50 kV, restricted space extends 10 feet in all directions from the surface of the line or equipment.

(B) For lines rated over 50 kV, restricted space extends 10 feet plus 0.4 inch for each 1 kV over 50 kV, or twice the length of the insulator (but never less than 10 feet) in all directions from the surface of the line or equipment.

(C) For equipment or structures in transit, on level surfaces, restricted space extends 4 feet in all directions from lines or equipment rated 50 kV or less, 10 feet in all directions for lines or equipment rated over 50 kV, and 16 feet in all directions for lines or equipment rated over 345 kV up to and including 750 kV.

(c) Proper Notification. The person(s) responsible for the (planned) activity must notify the owner/operator of the line or equipment, at their business office, at least 2 business days prior to the anticipated beginning of work (business days are Monday through Friday, excluding federal and state holidays). The notification must include: (1) the proposed date to start activity within restricted space; (2) the location of the planned activity; (3) a description of the planned activity; and (4) name and contact information of the contact person.

(2) General requirement. Do not enter, perform any function or activity (such as handling, erecting, operating, transporting, or storing any tools, equipment or materials, moving a building or structure) within the restricted space surrounding an overhead high voltage line or equipment unless:

(a) Proper notification is provided; and

(A) The line and/or equipment is de-energized and visibly grounded by the owner of the high voltage system or their authorized agent; or

(B) Accidental contact is effectively prevented by use of insulating barriers or guards. Barriers or guards must:

(i) Be erected or installed by the owner of the high voltage system or their authorized agent;

(ii) Not be attached to, or be part of the lines, equipment, or machinery;

NOTE: Overhead line covers are only for visual reference, and their use does not allow entry into restricted space. If used, they must be installed by the owner of the high voltage system or their authorized agent.

(iii) Prevent all possible contact with the lines or equipment; and

(iv) Insulate against the system's maximum voltage; or

(b) You are the owner, an authorized employee, or authorized (in writing) agent of the overhead high voltage system: or

(c) Insulated lines (not tree wire) and equipment (designed and engineered to allow only incidental contact) are erected or installed by the owner of the high voltage system or their authorized agent.

NOTE: Nothing in this standard shifts the responsibility for safe and healthy working conditions from the person(s) responsible for the activity to the owner of the lines or their agent.

NOTE: Nothing in this standard mandates that the owner of the lines or equipment, or their authorized agent must agree to de-energize, move, barricade, guard, or insulate lines or equipment, or take other action to allow entry into restricted space.

(3) Do not move, reposition, or reduce restricted space in any direction by applying stress or force to a line, equipment, or supporting structure.

(4) Operation of machinery or equipment.

(a) Do not enter restricted space when using insulating links or proximity warning devices on equipment.

(b) Post a warning sign on each piece of equipment which is capable of vertical, lateral, or swinging motion, such as a crane, derrick, power shovel, drilling rig, or pile driver.

(A) The sign must be made of durable material.

(B) It must be in clear view of the operator.

(C) The message must be legible to the operator when at the controls.

(D) The message must be understood by the operator.

(E) The message must clearly convey that it is "Unlawful to operate the piece of equipment within 10 feet of high voltage lines".

(c) Use an observer to provide audible warning (able to be clearly heard over surrounding noise) when it becomes difficult for an operator to identify restricted space by using visual means. The observer's only task is to watch the clearance and warn the operator if it appears that restricted space will be breached.

(d) Restrict, barricade, or otherwise make it impossible for a machine or piece of equipment to reach into restricted space if it is reasonable to anticipate that the operator's attention may be focused on the work process rather than the location of an overhead high voltage line or equipment (such as during excavating, or other fast-paced, repetitive work).

(5) Railway and commuter systems.

(a) Standard rail equipment used to transport freight and/or passengers, and relief trains or other equipment used in emergencies, may enter restricted space surrounding high voltage lines or equipment.

(b) Qualified employees, authorized and supervised by a person familiar with the hazards of the railway high voltage system, may perform normal repair or construction work within restricted space prior to compliance with the clearance and safeguard requirements in sections (1) through (4).

Stat. Auth.: ORS 654.025(2) & 656.726(4).
Stats. Implemented: ORS 654.001 - 654.295.
Hist.: OSHA 4-2007, f. & cert. ef. 8-15-07

Subdivision F — Powered Platforms, Manlifts, and Vehicle-Mounted Work Platforms

437-002-0060

Adoption by Reference

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 7/1/96, and any subsequent amendments published in the Federal Register as listed below:

(1) 29 CFR 1910.66 Powered Platforms for Building Maintenance, published 6/27/74, Federal Register, vol. 39, no. 125, pp. 23533-23537; amended 10/24/78, FR vol. 43, p. 49746; amended 2/10/84, FR vol. 49, p. 5322; amended 7/28/89, FR vol. 54. no. 144, pp. 31456-31477; 3/7/96, FR vol. 61, no. 46, p. 9235; 2/14/07, FR vol. 72, no. 30, p. 7136.

(2) 29 CFR 1910.67 Vehicle-Mounted Elevating and Rotating Work Platforms, published 6/27/74, FR vol. 39, no. 125, p. 23537; amended 3/26/75, FR vol. 40, p. 13439; amended 8/6/90, FR vol. 55, no. 151, pp. 32016-32020; 3/7/96, FR vol. 61, no. 46, p. 9235.

(3) 29 CFR 1910.68 Manlifts, published 6/27/74, FR vol. 39, no. 125, pp. 23537-23540; amended 10/24/78, FR vol. 43, p. 49746; amended 9/29/86, FR vol. 51, p. 34560; 3/7/96, FR vol. 61, no. 46, p. 9235; 12/14/07, FR vol. 72, no. 240, p. 71061.

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.

Stat. Auth.: ORS 654.025(2) & 656.726(3)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: APD 4-1990, f. & cert. ef. 1-23-90; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 4-2007, f. & cert. ef. 8-15-07; OSHA 7-2008, f. & cert. ef. 5-30-08

Elevating Work Platforms

437-002-0072

Manually Propelled Elevating Aerial Platforms.

When using manually propelled elevating aerial platforms as covered by ANSI/SIA A92.3-1990, the manufacturer’s operating manual must be with the equipment. You must follow all manufacturers’ operating and maintenance instructions and recommendations.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stat. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 4-2009, f. 4-13-09, cert. ef. 4-17-09

437-002-0074

Scissor Lifts — Self-Propelled Elevating Work Platforms.

When using self-propelled elevating aerial platforms, scissor lifts, as covered by ANSI/SIA A92.6-1990, the manufacturer’s operating manual must be with the equipment. You must follow all manufacturers’ operating and maintenance instructions and recommendations.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stat. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 4-2009, f. 4-13-09, cert. ef. 4-17-09

437-002-0076

Boom Supported Elevating Work Platforms.

(1) When using boom supported elevating work platforms as covered by ANSI/SIA A92.5-1996, the manufacturer’s operating manual must be with the equipment. You must follow all manufacturers’ operating and maintenance instructions and recommendations.

(2) All occupants on platforms must use a personal fall protection system that will protect against the potential effects of ejection.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stat. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 4-2009, f. 4-13-09, cert. ef. 4-17-09

Subdivision G — Occupational Health and Environmental Control

437-002-0080

Adoption by Reference

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 1910.94 Ventilation, published 9/9/09, FR vol. 74, no. 173, pp. 46350-46361; amended with OR-OSHA Admin. Order 1-2012, f. and ef. 4/10/12.

(2) 29 CFR 1910.95 Occupational Noise Exposure, published 12/12/08. FR vol. 73, no. 240, pp. 75568-75589.

NOTE: 29 CFR 1910.96 Ionizing radiation, has been redesignated to 29 CFR 1910.1096.

(3) 29 CFR 1910.97 Nonionizing radiation, published 6/13/13, FR vol. 78, no. 114, p. 35559.

(4) 29 CFR 1910.98 Effective dates, published 6/27/74, Federal Register, vol. 39, p. 23502.

(5) 29 CFR 1910.99 Sources of standards, published 3/7/96, FR vol. 61, no. 46, p. 9236.

(6) 29 CFR 1910.100 Standards organization, published 3/7/96, FR vol. 61, no. 46, p. 9236.

These standards are on file with the 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
Hist.: OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92; OSHA 4-1993, f. 4-1-93, cert. ef. 5-1-93; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 3-1998, f. & cert. ef. 7-7-98; OSHA 8-1999, f. & cert. ef. 8-6-99; OSHA 3-2003, f. & cert. ef. 4-21-03; OSHA 4-2006, f. & cert. ef. 7-24-06; OSHA 7-2008, f. & cert. ef. 5-30-08; OSHA 5-2009, f. & cert. ef. 5-29-09; OSHA 2-2010, f. & cert. ef. 2-25-10; OSHA 1-2012, f. & cert .ef. 4-10-12; OSHA 7-2013, f. & cert. ef. 12-12-13

Ventilation

437-002-0081

Oregon Ventilation Regulations

In addition to, and not in lieu of 29 CFR 1910.94, the following rules pertaining to ventilation apply in Oregon:

(1) Definitions:

(a) "Administrative Control" means the reduction of employee exposure to physical or chemical agents by control of the time of exposure to some period less than eight hours in length;

(b) "Harmful" or "Hazardous" as applied to the health effects of dusts, fumes, vapors, mists, gases, or any environmental condition, means any mechanical, infectious, toxic, or other action which is likely to produce medically determined injury or disease of exposed workers;

(c) "Health Hazard Control Measure" means the equipment or working arrangements designed to prevent the exposure of employees to harmful or hazardous situations. Such control measures may include, but are not limited to:

(A) Ventilation systems;

(B) Energy absorption system;

(C) Personal protective equipment;

(D) Air contaminant monitoring; and

(E) Human biological monitoring.

(d) "Local Exhaust System" means a system of hoods, booths, or enclosures designed to remove contaminants at points of generation or release into the atmosphere connected by means of piping to airflow or suction producing equipment;

(e) "Occupational Health Hazard" means those materials, processes, and atmospheric contaminants or energy concentrations which during normal or abnormal working conditions are likely to result in injury or illness to the unprotected employee;

(f) "Ventilation, Dilution" means ventilation provided to dilute the concentration of atmospheric contaminants in the atmosphere in all or part of the place of employment;

(g) "Ventilation, General" means the provision of fresh air at the place of employment;

(h) "Ventilation, Local Exhaust" means that the type of ventilation in which suction is applied at the point of generation or release of atmospheric contaminants;

(i) "Ventilation, Natural" means ventilation designed to depend wholly upon relative air density, and includes the use of openable doors, windows, and other building apertures.

(2) Recirculation. No air from any local exhaust system shall be recirculated, unless:

(a) The inert dust contained therein has a Permissible Exposure Limit (PEL) equal to or greater than ten milligrams per cubic meter as listed in Tables Z-1, Z-2, or Z-3 in OAR Chapter 437, Division 2, Subdivision Z, 1910, OAR 437-002-0382, Oregon Rules for Air Contaminants. The inert dust concentration in such recirculated air shall not exceed five milligrams per cubic meter; or

(b) The contaminant contained therein has a Permissible Exposure Limit (PEL) equal to or greater than 100 parts per million as listed in Tables Z-1, Z-2, or Z-3 or OAR Chapter 437, Division 2, Subdivision Z, OAR 437-002-0382, Oregon Rules for Air Contaminants. The contaminant concentration in such recirculated air shall not exceed 25 percent of its PEL; or

(c) The concentrations of contaminants in recirculated air do not exceed 25 percent of unity as calculated by the formula given in Division 2, Subdivision Z, OAR 437-002-0382(4)(b), Oregon Rules for Air Contaminants.

(3) Make-Up Air. Outside air equal in amount to the air removed by local exhaust systems shall be provided to replace air removed by an exhaust ventilation system.

(4) Air Contamination from Exhaust System. The discharge from any exhaust system shall be such that no air contamination therefrom will enter any window, door, or other opening of any work area in quantities sufficient to create a harmful or hazardous work atmosphere.

(5) Use of Salamanders and Fuel-Burning Heating Devices. Salamanders and other fuel-burning heating devices shall not be used in enclosed or inadequately ventilated spaces in which workers are employed unless such heating device is provided with a proper pipe, chimney, or enclosure to carry hazardous gases to the outside atmosphere.

(6) Local Exhaust Ventilation. The capacity of a local exhaust system shall be calculated on the basis of all hoods, booths, and enclosures connected to the system being open, except where the system is so interlocked that only a portion of it can be operated at a given time, in which case the capacity shall be calculated on the basis that all the hoods in the group requiring the greatest volume rate of exhaust are open.

(7) Exhausting More Than One Substance. Two or more operations involving more than one substance shall not be connected to the same exhaust system when a combination of the substances removed may constitute a fire hazard, or otherwise dangerous mixture.

(8) Exhausting Materials with Flammable Properties. Those processes or operations which require local exhaust ventilation and generate materials with flammable properties shall be protected from sources of ignition.

(9) Removal of Collected Materials. Collected materials shall be removed when necessary so as to maintain effective operation of the local exhaust system at all times.

(10) Disposal of Collected Materials. Collected materials shall be disposed of in a manner which will not result in a hazard.

(11) Requirements for Reduction of Air Contaminant Concentrations. A local exhaust system shall be in operation until all contaminants are reduced to concentrations at or below the Threshold Limit Values when any person is at risk.

NOTE: 1910.94(a)(6) was NOT adopted by OR-OSHA. In Oregon, OAR 437-002-0081(12) (which references a more current ANSI standard) applies.)

(12) Air supply and air compressors. The air for abrasive-blasting respirators shall be free of harmful quantities of dusts, mists, or noxious gases, and shall meet the requirements for air purity set forth in ANSI Z9.2-1979, Fundamentals Governing the Design and Operation of Local Exhaust Systems. The air from the regular compressed air line of the plant may be used for the abrasive-blasting respirator if:

(a) A trap and carbon filter are installed and regularly maintained to remove oil, water, scale, and odor;

(b) A pressure reducing diaphragm or valve is installed to reduce the pressure down to requirements of the particular type of abrasive-blasting respirator; and

(c) An automatic control is provided to either sound an alarm or shut down the compressor in case of overheating.

NOTE: Oregon did not adopt 1910.94(a)(6), which references an outdated ANSI standard. Instead, the following Oregon-initiated rule applies. This rule is identical, except that the current ANSI standard is referenced.

(13) Blasting Nozzles. In addition to and not in lieu of the provisions of 1910.94(a)(7), blasting nozzles shall be equipped with a deadman switch or other effective means to prevent hose and nozzle from whipping. A support shall be provided on which the nozzle may be mounted when not in use.

[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
Hist.: OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92

NOTE: 1910.95(g)(3) was NOT adopted by OR-OSHA because in Oregon, only CAOH- certified technicians, audiologists, otolaryngologist or physicians may perform audiometric examinations. In Oregon, OAR 437-002-0095 applies:

437-002-0095

Audiometric Testing in Oregon

Audiometric tests shall be performed by a licensed or certified audiologist, otolaryngologist, or other physician, or by a technician who is certified by the Council of Accreditation in Occupational Hearing Conservation. A technician who performs audiometric tests must be responsible to an audiologist, otolaryngologist or physician.

NOTES:

-1- Technicians currently certified by OR-OSHA may continue to use their Oregon certificates until they expire, or until July 1, 1996, whichever occurs first.

-2- In Oregon, free on-site assistance may be obtained from the Consultative Section, Oregon Occupational Safety and Health Division (OR-OSHA), Department of Consumer and Business Services, 350 Winter St NE, Salem, OR 97310. Telephone (503) 378-3272.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: OSHA 4-1993, f. 4-1-93, cert. ef. 5-1-93

NOTES:

-1- The following Oregon-initiated rule, OAR 437-002-0098, relates to 29 CFR 1910.96, Ionizing Radiation.

-2- The provisions of OAR 437-002-0080(3) and 437-002-0098 will be enforced by the Department of Human Resources, Health Division, under an Interagency Agreement with the Department of Insurance and Finance, Occupational Safety and Health Division (OR-OSHA). Copies are available from OR-OSHA and the Health Division.

437-002-0098

Additional Applicability

In addition to, and not in lieu of 1910.1096, the rules and regulations specified in ORS 453.605 to 453.745, Control of Radiation, administered by the Department of Human Resources, Oregon Health Division, shall apply to all employees working with or near ionizing radiation sources.

NOTE: §1910.1096, Ionizing Radiation, is enforced in Oregon by the Department of Human Resources, Health Division, under an Interagency Agreement with the Department of Consumer and Business Services, OR-OSHA Division. Oregon-initiated Rule 437-002-0098 also applies and is enforced by the Health Division. Copies are available from OR-OSHA and the Health Division.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92; OSHA 6-1994, f. & cert. ef. 9-30-94; OSHA 4-1997, f. & cert. ef. 4-2-97

Subdivision H — Hazardous Materials

437-002-0100

Adoption by Reference

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 1910.101 Compressed gases (General requirements), published 3/7/96, FR vol. 61, no. 46, p. 9236.

(2) 29 CFR 1910.102 Acetylene. Repealed. Oregon OSHA Admin. Order 1-2010, f. 2/19/10, ef. 2/19/10. In Oregon, OAR 437-002-2102 applies.

(3) 29 CFR 1910.103 Hydrogen, published 12/14/07, FR vol. 72, no. 240, p. 71061.

(4) 29 CFR 1910.104 Oxygen, published 3/7/96, FR vol. 61, no. 46, p. 9237.

(5) 29 CFR 1910.105 Nitrous oxide, published 3/7/96, FR vol. 61, no. 46, p. 9237.

(6) 29 CFR 1910.106 Flammable and combustible liquids, published 3/26/12, FR vol. 77, no. 58, p. 17574.

(7) 29 CFR 1910.107 Spray finishing using flammable and combustible materials, amended with AO 3-2003, removed 1910.107, and Oregon note added, f. and ef. 4/21/03.

(8) 29 CFR 1910.108 Reserved. Published 3/23/99, Federal Register, vol. 64, no. 55, p. 13909.

(9) 29 CFR 1910.109 Explosives and blasting agents, published 6/18/98, FR vol. 63, no. 117, p. 33466.

(10) 29 CFR 1910.110 Storage and handling of liquefied petroleum gases, published 12/14/07, FR vol. 72, no. 240, p. 71061.

(11) 29 CFR 1910.111 Storage and handling of anhydrous ammonia, published amended with AO 12-2001, Oregon note added, f. and ef. 10/26/01; 12/14/07, FR vol. 72, no. 240, p. 71061.

(12) Reserved for 29 CFR 1910.112 (Reserved).

(13) Reserved for 29 CFR 1910.113 (Reserved).

(14) 29 CFR 1910.114 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9238.

(15) 29 CFR 1910.115 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9238.

(16) 29 CFR 1910.116 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9238.

(17) 29 CFR 1910.119 Process safety management of highly hazardous chemicals, amended 2/8/13, FR vol. 78, no. 27, p. 9311.

(18) 29 CFR 1910.120 Hazardous waste operations and emergency response, amended 2/8/13, FR vol. 78, no. 27, p. 9311.

(19) 29 CFR 1910.121 Reserved. Published 3/23/99, Federal Register, vol. 64, no. 55, p. 13909.

(20) 29 CFR 1910.122 Table of contents. Repealed with OR-OSHA Admin. Order 9-2007, f. and ef. 12/3/07.

(21) 29 CFR 1910.123 Dipping and coating operations: Coverage and definitions. Repealed with OR-OSHA Admin. Order 9-2007, f. and ef. 12/3/07.

(22) 29 CFR 1910.124 General requirements for dipping and coating operations. Repealed with OR-OSHA Admin. Order 9-2007, f. and ef. 12/3/07.

(23) 29 CFR 1910.125 Additional requirements for dipping and coating operations that use flammable or combustible liquids. Repealed with OR-OSHA Admin. Order 9-2007, f. and ef. 12/3/07.

(24) 29 CFR 1910.126 Additional requirements for special dipping and coating applications. Repealed with OR-OSHA Admin. Order 9-2007, f. and ef. 12/3/07.

These standards are on file with 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
Hist.: APD 19-1988, f. & ef. 11-17-88; APD 12-1989, f. & ef. 7-14-89; OSHA 22-1990, f. 9-28-90, cert. ef. 10-1-90; OSHA 3-1992, f. & cert. ef. 2-6-92; OSHA 3-1993, f. & cert. ef. 2-23-93; OSHA 6-1994, f. & cert. ef. 9-30-94; OSHA 3-1995, f. & cert. ef. 2-22-95; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 3-1998, f. & cert. ef. 7-7-98; OSHA 2-1999, f. & cert. ef. 4-30-99; OSHA 8-1999, f. & cert. ef. 8-6-99; OSHA 12-2001, f. & cert. ef. 10-26-01; OSHA 4-2002, f. & cert. ef. 5-30-02; OSHA 3-2003, f. & cert. ef. 4-21-03; OSHA 4-2004, f. & cert. ef. 9-15-04; OSHA 4-2005, f. & cert. ef 12-14-05; OSHA 4-2006, f. & cert. ef. 7-24-06; OSHA 9-2007, f. & cert. ef. 12-3-07; OSHA 7-2008, f. & cert. ef. 5-30-08; OSHA 1-2010, f. & cert. ef. 2-19-10; OSHA 5-2012, f. & cert. ef. 9-25-12; OSHA 6-2012, f. 9-28-12, cert. ef. 4-1-13; OSHA 4-2013, f. & cert. ef. 7-19-13

Spray Finishing Using Flammable or Combustible Materials — Oregon Initiated Rules

437-002-0101

Oregon Start-Up Dates

29 CFR 1910.120, Hazardous Waste Operations and Emergency ResponseFinal Rules, is effective on July 14, 1990.

[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
Hist.: APD 19-1988, f. & ef. 11-17-88; APD 12-1989, f. & ef. 7-14-89

437-002-0107

Spray Finishing

(1) Scope. This section applies to finishing materials when applied as a spray by any means in a continuous or intermittent process. This section also covers the application of powders by powder spray guns, electrostatic powder spray guns, fluidized beds, or electrostatic fluidized beds. This section also applies to any sprayed material that produces combustible deposits or residue. This section does not apply to outdoor spray application of buildings, tanks, or other similar structures, nor to small portable spraying apparatus not used repeatedly in the same location.

(2) Definitions:

(a) Aerated solid powders – Any powdered material used as a coating material fluidized within a container by passing air uniformly from below. It is common practice to fluidize such materials to form a fluidized powder bed and then dip the part to be coated into the bed in a manner similar to that used in liquid dipping. Such beds are also used as sources for powder spray operations.

(b) Approved – Approved and listed by a nationally recognized testing laboratory. Refer to ¦1910.7 for definition of nationally recognized testing laboratory.

(c) Electrostatic fluidized bed – A chamber holding powder coating material that is aerated from below to form an air-supported, expanded cloud of the powder. The powder is electrically charged with a charge opposite to that of the object or material being coated.

(d) Fluidized bed – A chamber holding powder coating material that is aerated from below to form an air-supported, expanded cloud of the powder. The object or material being coated is preheated, then immersed into the cloud.

(e) Infrequent and of short duration – Spray finishing that is:

(A) Less than 9 square feet surface area per job, and

(B) Uses less than 1-gallon of material in 1-day, and

(C) Intermittent spraying where enough time elapses between spraying episodes to dilute the concentration of vapors essentially to zero before spraying is resumed.

(f) Listed – See “approved.”

(g) Noncombustible materials – Materials that have a fire resistance rating of at least 1-hour.

(h) Overspray – Any sprayed material that is not deposited on the intended object.

(i) Spray area – Any area in which potentially dangerous quantities of flammable vapors or mists, or combustible residues, dusts, or deposits are present due to the operation of spraying processes.

(j) Spray booth – A power-ventilated structure provided to enclose or accommodate a spraying operation to confine and limit the escape of spray, vapor, and residue, and to safely conduct or direct them to an exhaust system.

(k) Spray room – A room designed to accommodate a spraying operation. For the purposes of this rule, the term “spray booth” includes spray rooms except where specifically noted.

(3) Rules for All Spray Finishing Operations.

(a) Conduct spray finishing in a spray booth provided with local exhaust ventilation except:

(A) When spraying is infrequent and of short duration; or

(B) When spraying is a single “air brush;” or

(C) The object to be sprayed is of such weight or proportion as to render it impracticable to move it into a spray booth; or

(D) When only liquids with a flashpoint above 199.4 degrees F (93 degrees C) are used. This exception only applies when the liquid is not heated for use to within 30 degrees F (16.7 degrees C) of the flashpoint; or

(E) When spray painting is conducted out-of-doors. For the purposes of this rule, out-of-doors means an area away from the main building and completely open at all times on at least two sides.

(b) Spray finishing outside of a booth, as permitted by OAR 437-002-0107(3)(a)(A), (C), and (D) above, must be done only in a spray area that meets the following requirements:

(A) All light switches, fans, receptacles, overhead lights and all other sources of ignition within 20 horizontal feet and 10 vertical feet of the overspray area must be inoperative or consist of Class I, Group D, explosion-proof types as specified in the National Electrical Code, NFPA 33-2000 and ANSI C2-2002.

(B) All building construction including floors, walls, ceilings, beams, etc., within 20 hori- zontal feet and 10 vertical feet of the overspray area must consist of or be protected by noncombustible materials.

(C) Protect all areas within 20 feet of the overspray area with automatic sprinklers. Where automatic sprinklers are not available, use other automatic extinguishing equipment. Alternatives may be used only when authorized in writing by the local fire authority.

(D) Aisles leading to exits from the spray finishing area must remain clear at all times.

(E) Provide the spray finishing area with at least six air changes per hour of airflow.

(F) Follow the requirements of paragraphs (3)(c) through (3)(e).

(c) Do not allow employees not engaged in spray finishing operations within 20 feet of the spraying and overspray area.

(d) Employees engaged in spray finishing operations must be provided with and wear respiratory protection unless exhaust ventilation is provided and reduces employee exposure to any material in the finish or its solvent to below the limits established in OAR 437-002-0382, Oregon Rules for Air Contaminants. Follow all of the requirements of OAR 437-002-1910.134, Respiratory Protection.

(e) Combustible Materials.

(A) Do not store combustible material or allow combustible material to accumulate in the spraying and overspray area unless specifically authorized in writing by the local fire authority.

(B) Give the spraying and overspray area daily housekeeping and maintenance while in use and keep it free of any accumulations between uses. Use only nonsparking tools for cleaning purposes.

(C) Combustible materials, such as paper, may be used to cover floors and walls in the spray and overspray area, but must be removed at the end of each workshift. The employer may use longer intervals only when the local fire authority has provided written approval to do so.

(f) Spray booths.

(A) Construction:

(i) Construct spray booths of substantially supported steel, concrete, or masonry.

(ii) When the booth is only used for intermittent or low volume spraying, other substantial noncombustible material may be used.

(iii) Design spray booths to sweep air currents toward the exhaust outlet.

(iv) Construct spray booths with materials that have a fire resistance rating of at least 1 hour. All adjacent construction must have a fire resistance rating of at least 1-hour or as otherwise required by the Oregon Building Codes Division.

(B) The interior surfaces of spray booths must be smooth and continuous without edges, designed to prevent residue pocketing, and designed to ease cleaning and washing.

(C) When the floor surface of a spray booth and operators’ working area is combustible, it must be covered with a noncombustible material designed to prevent pocketing of residues and ease cleaning and washing.

(D) A spray booth should be equipped with:

(i) A water washing system designed to minimize dusts or residues entering exhaust ducts and to permit the recovery of overspray finishing material; or

(ii) Distribution or baffle plates to promote an even flow of air through the booth or cause the deposit of overspray before it enters the exhaust duct; or

(iii) Overspray dry filters to minimize dusts or residues entering exhaust ducts.

(E) Where dry powders are sprayed, arrange the powder collection systems in the exhaust to capture oversprayed material.

(F) When distribution or baffle plates are used, they must be of noncombustible material and readily removable or accessible on both sides for cleaning. Such plates will not be located in exhaust ducts.

(G) When using conventional dry type spray booths with overspray dry filters or filter rolls:

(i) Inspect filter rolls to ensure proper replacement of filter media.

(ii) Immediately remove all discarded filter pads and filter rolls to a safe area away from the spray finishing operation. Alternatively, place them in a water-filled metal container and dispose of them at the close of the day’s operation unless they remain completely submerged.

(iii) Do not use filters or filter rolls when spraying a material known to be highly susceptible to spontaneous heating and ignition.

(iv) Clean filters or filter rolls must be noncombustible or authorized by the local fire authority.

(v) Do not use filters and filter rolls alternately for different types of coating materials, where the combination of materials may be conducive to spontaneous ignition.

(H) Spray booths with an open frontal area larger than 9 square feet must have a metal deflector or curtain at least 4 1/2 inches deep installed at the upper outer edge of the booth over the opening.

(I) Where conveyors are used to carry work into or out of spray booths, the openings must be as small as practical.

(J) Separate each spray booth from all other nonspray finishing operations by at least 3 feet, a wall, or a partition. This requirement does not apply to spray rooms.

(K) All portions of the spray booth must be readily accessible for cleaning.

(L) The exterior of the spray booth must have a clear space of at least 3 feet on all sides. Do not store any materials within this clear space. All construction within 3 feet of all sides of the spray booth must be noncombustible. This requirement does not apply to spray rooms.

(i) Exception: This requirement does not prohibit locating a spray booth closer than 3 feet to an exterior wall or roof assembly, provided that the wall or roof is constructed of a noncombustible material and the booth can be cleaned and maintained.

(M) When spraying areas are illuminated through glass panels or other transparent materials, use only fixed lighting units as a source of illumination.

(i) Seal panels to effectively isolate the spraying area from the area in which the lighting unit is located.

(ii) Use only noncombustible material constructed or protected so that breakage will be unlikely. Arrange panels so that normal accumulations of residue on the exposed surface of the panel will not be raised to a dangerous temperature by radiation or conduction from the source of illumination.

(N) Protect all spaces within the spray booth with automatic sprinklers acceptable to the local fire authority.

(i) Sprinkler heads must provide water distribution throughout the entire booth.

(ii) When filters are used, automatic sprinklers must be on both the downstream and upstream sides of the filters.

(iii) Keep sprinkler heads as free of overspray deposits as possible. Clean them daily if necessary. When sprinkler heads are covered to protect them from overspray, the material and method used must be authorized by the local fire authority.

(iv) When automatic sprinklers are infeasible or not practical, other means of fire protection must be provided and authorized in writing by the local fire authority.

(g) Electrical and other sources of ignition.

(A) Do not allow open flame or spark producing equipment within 20 feet of the spray area, unless separated by a partition.

(B) Do not place space-heating appliances, steampipes, or hot surfaces in a spraying area where deposits of combustible residues may readily accumulate.

(C) Ensure all electrical wiring and equipment conforms to the provisions of this paragraph and OAR 437, Division 2, Subdivision S.

(D) Do not put any electrical equipment in the spray or overspray area unless it is specifically approved for those locations. All wiring must be in rigid conduit or in boxes or fittings that do not contain taps, splices, or terminal connections.

(E) Electrical wiring and equipment not subject to deposits of combustible residues but located in a spraying area must be explosion-proof, approved for Class I, Group D locations, and conform to the provisions of OAR 437, Division 2, Subdivision S, for Class I, Division 1, Hazardous Locations. Electrical wiring, motors, and other equipment outside of but within 20 feet of any spraying area, and not separated by partitions, must not produce sparks under normal operating conditions and must conform to the provisions of OAR 437, Division 2, Subdivision S for Class I, Division 2, Hazardous Locations.

(F) Electric lamps outside of any spraying area but within 20 feet, and not separated by a partition, will be totally enclosed to prevent the falling of hot particles and will be protected from physical damage by appropriate guards or by location.

(G) Do not use portable electric lamps in any spraying area during spraying operations. If portable electric lamps are used during cleaning or repairing operations, use only the type approved for hazardous Class I locations.

(H) Electrically ground all metal parts of spray booths and exhaust ducts. Electrically ground piping systems that convey flammable or combustible liquids or aerated solids.

(h) Ventilation.

(A) Provide all spraying areas with mechanical ventilation adequate to remove flammable vapors, mists, or powders to a safe location and confine and control combustible residues so that life is not endangered. Keep mechanical ventilation in operation at all times while spraying operations are being conducted and for a sufficient time afterwards to exhaust vapors from drying material and residue.

(B) Interlock the spraying equipment with the ventilation system so that spraying operations cannot be conducted unless the ventilation system is operating.

(C) Air velocity throughout the spray booth must be sufficient to keep airborne contaminants below 25 percent of their lower explosive limit (LEL).

(i) Open-faced booths must maintain at least an average of 100 feet per minute (fpm) of airflow across the open face of the booth.

(ii) Enclosed booths must maintain at least an average of 100 fpm of airflow of cross-sectional area at the operators’ position.

(iii) Any deviation from the above must be authorized in writing by the local fire authority.

(iv) Install a visible gauge, audible alarm, or pressure activated device on each spray booth to indicate or ensure that the required air velocity is maintained.

(D) Provide each spray booth with an independent exhaust duct system that discharges to the exterior of the building. A common exhaust system may be used for multiple spray booths only when identical materials are sprayed and the combined frontal area of those booths is no more than 18 square feet.

(E) When more than one fan serves one booth, interconnect all fans so that one fan cannot operate without all fans being operated.

(F) The fan-rotating element must be nonferrous or nonsparking or the casing must consist of or be lined with such material.

(i) Maintain ample clearance between the fan-rotating element and the fan casing to avoid a fire by friction. Prevent contact between moving parts and the duct or fan housing by making allowance for ordinary expansion and loading.

(ii) Mount fan blades on a shaft sufficiently heavy to maintain perfect alignment even when the blades of the fan are heavily loaded.

(iii) All bearings must be of the self-lubricating type, or lubricated from the outside duct.

(G) Place electric motors driving exhaust fans outside booths or ducts. See also paragraph (3)(g) of this section.

(H) When belts and pulleys are inside the duct or booth, they must be thoroughly enclosed.

(I) Construct exhaust ducts of substantially supported steel. Exhaust ducts without dampers are preferred; however, if dampers are installed, they must be fully opened when the ventilating system is in operation.

(i) Protect exhaust ducts against mechanical damage and maintain a clearance of at least 18 inches from unprotected combustible construction or other combustible material.

(ii) If combustible construction is provided with the following protection applied to all surfaces within 18 inches of the exhaust duct, clearances may be reduced to the distances indicated:

(I) 28-gage sheet metal on 1/4-inch insulating millboard 12 inches.

(II) 28-gage sheet metal on 1/8-inch insulating millboard spaced out 1 inch on noncombustible spacers 9 inches.

(III) 22-gage sheet metal on 1-inch rockwool batts reinforced with wire mesh or the equivalent 3 inches.

(J)The terminal discharge point must be at least 6 feet from any combustible exterior wall or roof. The discharge point must not discharge in the direction of any combustible construction or unprotected opening in any noncombustible exterior wall within 30 feet.

(K) Keep air exhaust from spray operations away from makeup air or other ventilation intakes. Do not recirculate air exhausted from spray operations.

(L) Supply clean fresh air, free of contamination from adjacent industrial exhaust systems, chimneys, stacks, or vents, to a spray booth in quantities equal to the volume of air exhausted through the spray booth.

(M) Provide exhaust ducts with an ample number of access doors when necessary to facilitate cleaning.

(N) Provide air intake openings to rooms containing spray finishing operations adequate for the efficient operation of exhaust fans and placed to minimize the creation of dead air pockets.

(O) Dry freshly sprayed articles only in spaces provided with adequate ventilation to prevent the formation of explosive vapors. Drying spaces without adequate ventilation will be considered a spraying area. See also paragraph (6) of this section.

(4) Rules for Spray Finishing with Flammable Liquids.

(a) These rules apply to spray finishing with flammable liquids with a flashpoint below 199.4 degrees F (93 degrees C). These rules only apply to liquids with a flashpoint above 199.4 degrees F (93 degrees C) when they are heated for use to within 30 degrees F (16.7 degrees C) of their flashpoint.

(b) Flammable liquids – storage and handling.

(A) Store flammable in compliance with the requirements of OAR 437-002-1910.106.

(B) Keep only the minimum quantity of flammable liquids required for operations in the vicinity of spraying operations and do not exceed a supply for one day or one shift. Bulk storage of portable containers of flammable liquids must be in a separate, constructed building detached from other important buildings or cut off in a standard manner.

(C) Use only the original closed containers, approved portable tanks, approved safety cans, or a properly arranged system of piping for bringing flammable liquids into the spray area. Do not use open or glass containers.

(D) Use approved pumps to withdraw flammable liquids from containers with a capacity of 61 gallons or more except as provided in paragraph (4)(b)(F) of this section.

(E) Withdraw and fill containers with flammable liquids only in a suitable mixing room or in a spraying area when the ventilating system is in operation. Take adequate precautions to protect against spilling liquids and sources of ignition.

(F) Containers must conform to the following requirements:

(i) Use only closed containers to supply spray nozzles. Use metal covers to close containers that are not closed.

(ii) Use metal supports or wire cables to support containers that are not resting on floors.

(iii) When spray nozzles are supplied by gravity flow, do not use containers that exceed 10 gallons capacity.

(iv) Do not use air pressure in the original shipping containers to supply spray nozzles.

(G) Containers under air pressure supplying spray nozzles must also conform to the following requirements

(i) Use only limited capacity containers that only hold enough material for one day’s operation.

(ii) Use only containers that are designed and approved for such use.

(iii) Provide containers with a visible pressure gauge.

(iv) Containers must be provided with a relief valve set to operate in conformance with the requirements of the Oregon Building Codes Division OAR 918-225, “Boilers and Pressure Vessels.”

(H) Pipes and hoses.

(i) All containers or piping with an attached hose or flexible connection must have a shutoff valve at the connection. Keep such valves shut when not spraying.

(ii) When a pump is used to deliver the liquid used in a spray application process, use only piping, tubing, hoses, and accessories that are designed to withstand the maximum working pressure of the pump. Alternatively, provide automatic means to limit the discharge pressure of the pump to a level within the design working pressure of the piping, tubing, hoses, and accessories.

(iii) Inspect all pressure hose and couplings at regular intervals appropriate to this service. Test the hose and couplings with the hose extended using the “inservice maximum operating pressures.” Repair or discard any hose showing material deteriorations, signs of leakage, or weakness in its’ carcass or at the couplings.

(iv) Piping systems conveying flammable liquids must be of steel or other material having comparable properties of resistance to heat and physical damage. Properly bond and ground piping systems.

(I) Use approved and listed electrically powered spray liquid heaters. Do not put heaters in spray booths or any other location subject to the accumulation of deposits or combustible residue.

(J) If flammable liquids are supplied to spray nozzles by positive displacement pumps, use an approved relief valve on the pump discharge line that discharges to a pump suction or a safe detached location, or use a device provided to stop the prime mover if the discharge pressure exceeds the safe operating pressure of the system.

(K) Whenever flammable liquids are transferred from one container to another, effectively bond and ground both containers to prevent discharge sparks of static electricity.

(c) Install an adequate supply of suitable portable fire extinguishers near all spraying areas.

(d) Operations and maintenance.

(A) Immediately remove and dispose residue scrapings and debris contaminated with residue from the premises. Deposit all rags or waste impregnated with finishing material in tightly-closing metal waste cans immediately after use. Properly dispose of the contents of waste cans at least once daily or at the end of each shift.

(B) Do not leave clothing worn during spray finishing on the premises overnight unless kept in metal lockers.

(C) Only use solvents for cleaning operations with flashpoints at or above the flashpoints of material normally used. Cleaning operations must be done inside a spray booth with the ventilation system on, or an area authorized in writing by the local fire authority.

(D) Do not alternately use spray booths for different types of coating materials when the materials are incompatible with each other, unless all deposits of the first used material are removed from the booth and exhaust ducts prior to spraying with the second material.

(e) Mixing.

(A) Mix materials only in a mixing room, a spray area that meets the requirements of (3)(b), or in a spray booth. When a spray area or spray booth is used for mixing, the ventilation system must be on.

(B) Construct mixing rooms of substantially supported steel, concrete, or masonry. Use only noncombustible materials to construct mixing rooms.

(C) Design mixing rooms so that any spills remain inside the room.

(D) Provide at least 150 cubic feet per minute (CFM) of airflow in each mixing room. When the flooring of the mixing room is greater than 150 square feet, provide at least 1 CFM per square foot of flooring. The ventilation system for each mixing room must be on and operational at all times.

(E) Follow all of the provisions of paragraph (3)(g).

(F) Protect all spaces within the mixing room with automatic sprinklers acceptable to the local fire authority. Where automatic sprinklers are not available, use other automatic extinguishing equipment. Alternatives may be used only when authorized in writing by the local fire authority.

(5) Rules for Electrostatic Spray Finishing.

(a) Fixed electrostatic apparatus.

(A) Use only approved electrostatic apparatus and devices in connection with coating operations.

(B) Transformers, power packs, control apparatus, and all other electrical portions of the equipment, with the exception of high-voltage grids, electrodes, and electrostatic atomizing heads and their connections, must be located outside of the spraying area, or must otherwise conform to the requirements of paragraph (3) of this section.

(C) Adequately support electrodes and electrostatic atomizing heads in permanent locations and effectively insulate them from the ground. Electrodes and electrostatic atomizing heads which are permanently attached to their bases, supports, or reciprocators are considered to comply with this section. Use only nonporous and noncombustible insulators.

(D) Properly insulate and protect high-voltage leads to electrodes from mechanical injury or exposure to destructive chemicals. Effectively and permanently support electrostatic atomizing heads on suitable insulators and effectively guard against accidental contact or grounding. Provide an automatic means for grounding the electrode system when it is electrically de-energized for any reason. Keep all insulators clean and dry.

(E) Maintain a safe distance between goods being painted and electrodes or electrostatic atomizing heads or conductors of at least twice the sparking distance. Conspicuously post a sign indicating this safe distance near the assembly.

(F) Support goods being painted using this process on conveyors. Arrange the conveyors to maintain safe distances between the goods and the electrodes or electrostatic atomizing heads at all times. Any irregularly shaped or other goods subject to possible swinging or movement must be rigidly supported to prevent swinging or movement which would reduce the clearance to less than that specified in paragraph (5)(a)(E) of this section.

(G) Equip electrostatic apparatus with automatic controls that immediately disconnect the power supply to the high voltage transformer and signals the operator when:

(i) Any failure occurs in the ventilation equipment.

(ii) The conveyor carrying goods through the high voltage field stops.

(iii) Occurrence of a ground or of an imminent ground at any point on the high voltage system.

(iv) The safe distance required by (5)(a)(E) is not maintained.

(H) Place adequate booths, fencing, railings, or guards around the equipment to assure, either by their location or character or both, that a safe isolation of the process is maintained from plant storage or personnel. Construct such railings, fencing, and guards of conducting material that is adequately grounded.

(b) Electrostatic hand spraying equipment.

(A) This paragraph applies to any equipment that uses electrostatically charged elements for the atomization and/or, precipitation of materials for coatings on articles, or for other similar purposes in which the atomizing device is hand held and manipulated during the spraying operation.

(B) Use only approved electrostatic hand spray apparatus and devices in connection with coating operations. The high voltage circuits must be designed so it does not produce a spark of sufficient intensity to ignite any vapor-air mixtures or result in appreciable shock hazard upon coming in contact with a grounded object under all normal operating conditions. The electrostatically charged exposed elements of the handgun must be capable of being energized only by a switch which also controls the coating material supply.

(C) Locate transformers, powerpacks, control apparatus, and all other electrical portions of the equipment outside of the spraying area. This requirement does not apply to the handgun itself and its connections to the power supply.

(D) Electrically connect the handle of the spraying gun to ground by a metallic connection. Ensure that the operator in normal operating position is in intimate electrical contact with the grounded handle.

(E) Adequately ground all electrically conductive objects in the spraying area. This requirement applies to paint containers, wash cans, and any other objects or devices in the area. Prominently and permanently install a warning on the equipment regarding the necessity for this grounding feature.

(F) Maintain metallic contact between objects being painted or coated and the conveyor or other grounded support. Regularly clean hooks to ensure this contact.

(G) Areas of contact must be sharp points or knife edges where possible.

(H) Conceal points of support of the object from random spray where feasible.

(I) When objects being sprayed are supported from a conveyor, the point of attachment to the conveyor must not collect spray material during normal operation.

(J) Interlock the electrical equipment with the ventilation of the spraying area so that the equipment cannot be operated unless the ventilation fans are on.

(6) Drying, Curing, or Fusion Apparatus.

(a) Drying, curing, or fusion equipment.

(A) Equipment manufactured or modified on or before June 1, 2003, must comply with the provisions of the Standard for ovens and furnaces, NFPA No. 86A-1969 where applicable.

(B) Equipment manufactured or modified after June 1, 2003, must comply with the provisions of the Standard for Ovens and Furnaces, NFPA No. 86-1999 where applicable.

(b) Do not use a spray area for drying when such drying can increase the surface temperature of the spray area.

(c) Except as specifically provided in paragraph (6)(e) of this section, do not install an open flame heating system for drying, curing, or fusion in a spray area.

(d) Drying, curing, or fusion units may be installed adjacent to spray areas only when equipped with an interlocked ventilating system arranged to:

(A) Thoroughly ventilate the drying space before the heating system can be started;

(B) Maintain a safe atmosphere at any source of ignition;

(C) Automatically shut down the heating system in the event of failure of the ventilating system.

(e) Automobile refinishing spray booths or enclosures, otherwise installed and meeting the requirements of this section, may alternately be used for drying with portable electrical infrared drying apparatus that meets the following:

(A) Keep the interior (especially floors) of spray enclosures free of overspray deposits.

(B) Keep the apparatus out of the spray and overspray area while spray finishing is in progress.

(C) Equip the spraying apparatus, the drying apparatus, and the ventilating system of the spray enclosure with suitable interlocks arranged so:

(i) The spraying apparatus cannot be operated while the drying apparatus is inside the spray enclosure.

(ii) The spray enclosure is purged of spray vapors for at least 3 minutes before the drying apparatus is energized.

(iii) The ventilating system maintains a safe atmosphere within the enclosure during the drying process, and the drying apparatus will automatically shut off in the event of failure of the ventilating system.

(D) All electrical wiring and equipment of the drying apparatus must meet the applicable sections of OAR 437, Division 2, Subdivision S. Only equipment of a type approved for Class I, Division 2 hazardous locations will be located within 18 inches of floor level. All metallic parts of the drying apparatus will be properly electrically bonded and grounded.

(E) Place a warning sign on the drying apparatus indicating that ventilation must be maintained during the drying period and that spraying must not be conducted in the vicinity where spray will deposit on apparatus.

(7) Powder Coating.

(a) Ventilation.

(A) Ensure that exhaust ventilation is sufficient to maintain the atmosphere below the lowest explosive limits for the materials being applied. Ensure that all nondeposited air-suspended powders are safely removed via exhaust ducts to the powder recovery cyclone or receptacle.

(B) Do not release powders to the outside atmosphere.

(b) Operation and maintenance.

(A) Keep all areas free of the accumulation of powder coating dusts, particularly horizontal surfaces as ledges, beams, pipes, hoods, booths, and floors.

(B) Clean surfaces in a manner to avoid scattering dust to other places or creating dust clouds.

(C) Conspicuously post “No Smoking” signs in large letters on contrasting color background at all powder coating areas and powder storage rooms.

(c) Electrostatic fluidized beds.

(A) Use only approved electrostatic fluidized beds and associated equipment.

(B) Ensure that the maximum surface temperature of this equipment in the coating area does not exceed 150 degrees F.

(C) Use only high voltage circuits that will not produce a spark of sufficient intensity to ignite any powder-air mixtures.

(D) Use circuits designed to eliminate shock hazards upon coming in contact with a grounded object under normal operating conditions.

(E) Locate transformers, powerpacks, control apparatus, and all other electrical portions of the equipment outside of the powder coasting area, with the exception of the charging electrodes and their connections to the power supply.

(F) Adequately ground all electrically conductive objects within the charging influence of the electrodes. The powder coating equipment must carry a prominent, permanently installed warning regarding the necessity for grounding these objects.

(G) Objects being coated will be maintained in contact with the conveyor or other support in order to ensure proper grounding. Regularly clean hangers to ensure effective contact and areas of contact will be sharp points or knife edges where possible.

(H) Interlock the electrical equipment with the ventilation system so the equipment cannot be operated unless the ventilation fans are in operation.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92; OSHA 3-2003, f. & cert. ef. 4-21-03; OSHA 5-2012, f. & cert. ef. 9-25-12

NOTES:

-1- Oregon did not adopt the following in 1910.109, Explosives and Blasting Agents:

(a) Tables H-21 and H-22, and their respective Notes; and

(b) The Definition of "magazine" in 1910.109(a)(6).

In Oregon, OAR 437-002-0109, Table OR-H-21 and OR-H-22, and their respective Notes, apply. Also, the definition of "magazine" in Note 5 of OR-H-21 applies.

-2- The following Oregon-initiated rules relate to 29 CFR 1910.109, Explosives and Blasting Agents.

437-002-0109

Explosives and Blasting Agents

(1) Blasting and Use of Explosives:

(a) Smoking, firearms, matches, open flame lamps, fires and flame or spark producing devices shall be prohibited in any explosive magazine or within a radius of 100 feet thereof, and with 100 feet of where explosives are being handled, transported, or used;

(b) All blasts shall be fired electronically with an electric blasting machine or properly designed electric power sources, except as provided in sections of this rule;

(c) All explosives shall be accounted for at all times. Explosives not being used shall be kept in a locked magazine, unavailable to persons not authorized to handle them. The employer shall maintain an inventory and use records of all explosives. Appropriate authorities shall be notified of any loss, theft, or unauthorized entry into a magazine;

(d) The preparation of primers shall be done in a safe place, well away from fire, possible sparks, magazines or powder boxes. Where practical to do so, primers should be prepared at the point of use and immediately placed in the bore hole.

(2) Recordkeeping and Loading:

(a) The blaster shall keep an accurate, up-to-date records of explosives, blasting agents, and blasting supplies used in a blast and shall keep an accurate running inventory of all explosives and blasting agents stored on the operations;

(b) No explosives or blasting agents shall be left unattended at the blast site. No loaded holes shall be left unattended or unprotected. All loaded holes shall be fired before leaving the blast site.

(3) Electric Firing. Flashlight batteries shall not be used when firing a circuit of electric blasting caps. The electric current delivered to the charge shall meet the manufacturer's recommended level.

(4) Locks. Each door shall be equipped with two mortise locks; with two padlocks fastened in separate hasps and staples; with a combination or mortise lock and padlock; with a mortise lock that requires two keys to open; or a three-point lock. Locks shall be five-tumbler proof. All padlocks shall be protected with 1/4-inch steel caps constructed so as to prevent sawing or lever action on the locks or hasps.

(5) Cap Boxes. Storage facilities for blasting caps in quantities of 100 or less shall have sides, bottoms, and covers constructed of No. 12-gauge metal and lined with a nonsparking material. Hinges and hasps shall be attached thereto by welding. A single five-tumbler proof lock shall be sufficient for locking purposes.

NOTES:

-1- Use the American Table of Distances for Storage of Explosive Materials to determine safe distances from inhabited dwellings, highways, passenger railways, and between explosive materials magazines.

-2- Use the appendix, Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents, to determine non-propagating distances to ammonium nitrate fuel oil (ANFO) blasting agents and to ammonium nitrate.

-3- Use the greater of the distances shown in the American Table of Distances and in the Table of Recommended Separation Distances to determine the required separation between a magazine for storage of explosives and a magazine for storage of blasting agents.

(6)(a) Table of Distances. The provisions contained in Table 21 are in lieu of the provisions contained in 29 CFR 1910.109, Table H-21, American Table of Distances for Storage of Explosives. Related Notes are printed following the table for clarity in using Table OR-H-21;

(b) Table of Recommended Separation Distances. The provisions contained in Table 22 are in lieu of the provisions contained in 29 CFR 1910.109, Table H-22, Table of Recommended Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents. Related notes are printed following the table for clarity in using Table OR-H-22.

[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
Hist.: OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92

437-002-0118

Oregon Rules for Reinforced Plastics Manufacturing

(1) Applicability. If a specific type of equipment, process or practice is not limited to the reinforced plastics industry, the provisions contained in other Divisions of OAR 437, Oregon Occupational Safety and Health Code, shall apply.

(2) Scope.

(a) These rules shall apply to reinforced plastics manufacturing operations, in their shop buildings (not field work) involving the use of polyester, vinylester, and other similar products in which styrene monomer is a reactive monomer for the resin. This division applies to chopper gun, gel coating, hand laminating and casting operations utilizing resin and organic peroxide catalyst.

(b) This division does not apply to:

(A) Application of flammable organic materials such as acetone, methyl ethyl ketone (MEK), either alone or mixed as flammable paints or diluents;

(B) Operations, involving polyurethane finishes or foams utilizing isocyanate catalysts;

(C) Operations involving epoxy resin compounds utilizing amine hardeners; or

(D) Cleaning of chopper guns, lines, and associated equipment in which acetone, MEK, or other flammable organic solvents are sprayed into the open air as part of the cleaning process.

(3) Definitions. The following definitions shall apply to OAR 437-002-0118:

(a) Chopper Gun — A device that feeds fiber glass rovings through a chopper and ejects them into a stream of resin and organic peroxide catalyst onto a mold surface. The resin and organic peroxide catalyst are combined and ejected from the chopper gun by either one of two systems:

(A) One nozzle ejects resin while another nozzle ejects organic peroxide catalyst towards the mold surface; or

(B) The resin and organic peroxide catalyst are fed into a single chopper gun mixing chamber ahead of the nozzle.

NOTE: By either method, the resin mixture precoats the strands of glass and the merged product is directed onto a mold surface by the operator.

(b) Flammable liquid means any liquid having a flashpoint at or below 199.4 degrees F (93 degrees C). Flammable liquids are divided into four categories as follows:

(A) Category 1 shall include liquids having flashpoints below 73.4 degrees F (23 degrees C) and having a boiling point at or below 95 degrees F (35 degrees C).

(B) Category 2 shall include liquids having flashpoints below 73.4 degrees F (23 degrees C) and having a boiling point above 95 degrees F (35 degrees C).

(C) Category 3 shall include liquids having flashpoints at or above 73.4 degrees F (23 degrees C) and at or below 140 degrees F (60 degrees C). When a Category 3 liquid with a flashpoint at or above 100 degrees F (37.8 degrees C) is heated for use to within 30 degrees F (16.7 degrees C) of its flashpoint, it shall be handled in accordance with the requirements for a Category 3 liquid with a flashpoint below 100 degrees F (37.8 degrees C).

(D) Category 4 shall include liquids having flashpoints above 140 degrees F (60 degrees C) and at or below 199.4 degrees F (93 degrees C). When a Category 4 flammable liquid is heated for use to within 30 degrees F (16.7 degrees C) of its flashpoint, it shall be handled in accordance with the requirements for a Category 3 liquid with a flashpoint at or above 100 degrees F (37.8 degrees C).

(c) Flashpoint – The minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable mixture shall be determined as follows:

(A) For a liquid which has a viscosity of less than 45 SUS at 100 degrees F (37.8 degrees C), does not contain suspended solids, and does not have a tendency to form a surface film while under test, the procedure specified in the Standard Method of Test for Flashpoint by Tag Closed Tester (ASTM D-56-70), which is incorporated by reference as specified in 1910.6, or an equivalent test method as defined in Appendix B to OAR 437-002-1910.1200 – Physical Hazard Criteria, shall be used.

(B) For a liquid which has a viscosity of 45 SUS or more at 100 degrees F (37.8 degrees C), or contains suspended solids, or has a tendency to form a surface film while under test, the Standard Method of Test for Flashpoint by Pensky-Martens Closed Tester (ASTM D-93-71) or an equivalent method as defined by Appendix B to OAR 437-002-1910.1200 – Physical Hazard Criteria, shall be used except that the methods specified in Note 1 to section 1.1 of ASTM D-93-71 may be used for the respective materials specified in the Note. The preceding ASTM standard is incorporated by reference as specified in OAR 437-002-1910.6.

(C) For a liquid that is a mixture of compounds that have different volatilites and flashpoints, its flashpoint shall be determined by using the procdures in subsection (3)(c)(A) or (3)(c)(B) of this definition on the liquid in the form it is shipped.

(D) Organic peroxide catalysts are excluded from any of the flashpoint determination methods specified in this section.

(d) Gelcoating – A chopper gun pressure pot or similar device is used to apply the resin and organic peroxide catalyst mixture to a mold surface without glass fibers;

(e)Hand Laminating – Resin is mixed with organic peroxide catalyst and applied by hand with a brush, squeegee, or roller with fiber glass reinforcements.

(f) Hazard – A substance, process, practice or condition which could result in an injury or illness to an employee.

(g) Resin – A mixture of true esters dissolved in a polymerizable monomer (styrene).

(h) Threshold-Limit Value – Short Term Exposure Limit (TLV-STEL) – The maximum concentration to which workers can be exposed for a period of up to 15 minutes continuously without suffering from (a) irritation, (b) chronic or irreversible tissue change, or (c) narcosis of sufficient degree to increase accident proneness, impair self-rescue, or materially reduce work efficiency, provided that no more than four excursions per day are permitted, with at least 60 minutes between exposure periods, and provided that the daily TLV-TWA also is not exceeded. The STEL should be considered a maximum allowable concentration, or ceiling, not to be exceeded at any time during the 15-minute excursion period.

GENERAL REQUIREMENTS

(4) Permissible Exposure Limits.

(a) An employee’s exposure to any material listed in Table 1, in any 8-hour workshift of a 40-hour work week, shall not exceed the 8-hour time-weighted average limit for that material in the table.

(b) An employee’s exposure to a material listed in Table 1 shall not exceed, at any time during an 8-hour shift, the TLV-STEL level given for the material in the table, except for a time period, and up to a concentration not exceeding the maximum duration and concentration allowed in the column under “Acceptable Maximum Peak.”

(c) Employee exposure to other airborne contaminants shall be in accordance with OAR 437, Division 2, Subdivision Z, 1910.1000, Air Contaminants, and other applicable regulations.

NOTE: In the Oregon Rules for Reinforced Plastics Manufacturing, Table 1, Permissible Exposure Limits, in OAR 437-002-0118(4), has been revised to reflect the current limits in OAR 437-002-0382, Oregon Rules for Air Contaminants, which were adopted on 11/15/93 in lieu of 1910.1000, Air Contaminants. Table.

(5) Methods of Compliance.

(a) To achieve compliance with OAR 437-002-0118(4), Permissible Exposure Limits, administrative or engineering controls must first be determined and implemented whenever feasible.

(b) When such controls are not feasible to achieve full compliance, protective measures as prescribed in OAR 437, Division 2/I, Personal Protective Equipment, shall be used to keep the exposure of employees to airborne contaminants within the limits prescribed in OAR 437-002-0118.

(6) Employee Information and Training. A training program shall be established and all affected employees shall be trained regarding the safe handling of materials used in the industry which shall include instruction in storage, handling large and small quantities, cleanup and disposal of spills, first aid for spills, equipment training, potential health and safety hazards, personal hygiene, personal protective measures, and the labeling system.

(7) Personal Protective Equipment.

(a) Safety glasses shall be worn at all times by personnel working in the manufacturing area of reinforced plastics plants.

(b) Face shields and safety glasses shall be worn when opening and filling pressurized catalyst injection equipment.

(c) An eyewash fountain shall be provided no more than 25 feet or 15 seconds of actual travel from a work area where MEK peroxide is being mixed or transferred.

(A) The criteria of 25 feet shall apply if the employee is working alone.

(B) The criteria of 15 seconds shall apply if other employees are close enough under normal working conditions to provide assistance and a formal training program which includes emergency first aid procedures for eye protection has been implemented.

(d) Clothing saturated or impregnated with flammable liquids, corrosive or toxic substances, irritants, or oxidizing agents, that present a health hazard to employees shall be removed and disposed of, or properly cleaned before reuse; however, clothing coated with cured resin may be worn.

(8) Warning Signs and Labels.

(a) Label chemical containers in accordance with OAR 437-002-1910.1200, Hazard Communication.

(b) Where extreme occupational health hazards are known to exist in the workplace, the employer shall provide warning signs or other equally effective means of calling attention to such hazards at the location where the hazards exist.

(9) Housekeeping.

(a) Housekeeping shall be sufficient to keep accumulations of combustible residues to a minimum as practical.

(b) All combustible and flammable residues shall be placed in covered noncombustible containers.

(c) To prevent excessive permanent buildup of overspray and overchop, the use of paper, polyethylene film, building or roofing paper or other similar sheet material shall be permitted on side walls and floors of chopper gun and gelcoat areas.

(A) When the accumulated depth of overchop and/or gelcoat has reached an average thickness of 2 inches in the overspray area, it shall be disposed of after at least 4 hours curing.

(B) A single day’s accumulation of more than an average of 2 inches shall be permitted provided it is disposed of before operations are resumed the next day.

(d) Excess catalyzed resin inside a building shall be disposed of in open-topped containers provided with bar screens, large mesh wire screens, or other means, to support individual containers across its top through which surplus catalyzed resin can be poured and upon which empty containers that once held catalyzed resin can be placed to cure. The open-topped containers shall contain water at least 2 inches deep in which the resin shall be poured and permitted to cure in a safe fashion. Containers can be used until filled with setup resin and disposed of along with other nontoxic waste.

(10) Hygiene Facilities and Practices. If acetone is used directly on the skin to clean hands, barrier or a therapeutic cream must be made available to the employee. Gloves shall be provided should any employee wish additional protection.

(11) Storage and Handling of Flammable Liquids.

(a) The storage and handling of acetone and other Category 1-3 flammable liquids for cleanup and gun flushing shall be subject to the following requirements:

(A) Category 1-3 flammable solvents shall be kept in containers that are covered during storage;

(B) Areas within the shop where acetone or other Category 1-3 flammable solvents are transferred into containers less than 5 gallons each shall be considered Class I, Division 1 areas for a 5-foot radius around the point of transfer, and Class I Division 2, for an additional 5 feet outside of the area; and

(C) “Dirty” acetone in small individual cleanup containers of less than 5 gallons each may be handled by pouring into a larger container suitable for disposal or recycling which shall be kept covered.

(b) The following subsections shall apply to chopper gun or gelcoating areas:

(A) Areas where flammable liquids are used, shall be protected by automatic sprinklers or equivalent extinguishing systems. If a special extinguishing system including, but not limited to, those employing foam, carbon dioxide, or dry chemical is provided, approved equipment shall be used and installed in an approved manner.

(B) Exhaust fans mounted 4 feet or less, as measured from the invert (bottom) of the duct above the floor, shall have nonsparking fan blades, and

(i) A motor mounted external to the air stream in a nonexplosive atmosphere. The fan shall be driven by an interconnecting belt.

(ii) Those fans having air suction ducts 4 feet or less above the floor shall comply with subsection (11)(b)(B).

(C) Exhaust fans mounted more than 4 feet above the floor shall have nonsparking fan blades.

(D) All other electrical equipment in chopper gun or gelcoating operations must conform to the requirements of National Fire Protection Association (NFPA) 33-1989.

(c) Acetone and other Category 1-3 flammable liquids shall be transferred only though a closed piping system from a safety can by means of a device drawing through the top or from a container or portable tank by gravity through an approved self-closing valve. The nozzle and container shall be electrically interconnected.

(d) Acetone shall be kept in covered containers when not in use.

(e) Special input and exhaust ventilation shall be provided where employees must be inside or under the item being fabricated (e.g., inside a pipe or boat hull or under a large fabricated shape) to keep air concentrations of hazardous and/or flammable materials at or below 25 percent of the lower explosive limit and employee exposure at or below the permissible exposure limit.

(f) Areas where flammable materials are handled shall either be posted with “No Smoking” signs, or smoking shall be prohibited throughout plant, manufacturing and storage areas.

(g) Storage and handling of flammable liquids not addressed in these rules shall meet the requirements of 1910.106, Flammable Liquids.

(12) Storage and Handling of Organic Peroxide Catalysts.

(a) Organic peroxide catalysts shall be isolated and stored in their original containers in a cool place under 100 degrees F (37.8 degrees C), away from other flammable materials and ignition sources.

(b) Organic peroxide catalyst containers shall be covered or kept closed at all times.

(c) Organic peroxide catalysts shall be brought into the area of use in no more than two consecutive days’ supply.

(d) Larger than 8-pound containers of organic peroxide catalyst shall not be permitted outside designated catalyst storage areas, except for hand layup operations or for filling the catalyst reservoir of chopper gun and gelcoat equipment.

(e) When organic peroxide catalyst is being poured into the catalyst reservoir of chopper gun and gelcoat equipment, the catalyst container shall be equipped with a special curved pouring spout or other device which directs the catalyst into the reservoir without splashing.

(A) A supply of water of not less than 1-gallon shall be permanently installed on the chopper gun or gelcoat apparatus to wet down any catalyst spills which may occur due to overfilling. Catalyst spills shall be absorbed in accordance with the manufacturer’s recommendations.

(B) Immediately after filling the chopper gun or gelcoat apparatus with catalyst, the empty or partially filled catalyst container shall be removed immediately before commencement of any other operation.

(13) Fire Protection. Areas where flammable materials are handled shall either be posted with “No Smoking” signs, or smoking shall be prohibited throughout plant, manufacturing and storage areas.

(14) Ventilation.

(a) Special input and exhaust ventilation shall be provided where employees must be inside or under the item being fabricated (e.g., inside a pipe or boat hull or under a large fabricated shape) to keep air concentrations of hazardous and/or flammable materials at or below 25 percent of the lower explosive limit and employee exposure at or below the permissible exposure limit.

(b) During cleanup and gun flushing with acetone or other Category 1-3 flammable liquids, sufficient ventilation shall be provided to maintain air concentrations below 25 percent of the lower explosive limit (LEL) and employee exposure at or below the permissible exposure limit.

(c) Where acetone and Category 1-3 flammable solvents are used in physical operations (e.g., mixing), there shall be a minimum ventilation rate of 1 cubic foot per minute per square foot of floor area in the immediate work area.

[Publications: Publications referenced are available from the agency.]

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92; OSHA 6-1994, f. & cert. ef. 9-30-94; OSHA 5-2012, f. & cert. ef. 9-25-12

437-002-0119

Oregon Effective Dates

(1) Information pertaining to the equipment in the process shall include material and energy balances for processes built after November 24, 1992.

(2) The employer shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this standard. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. Employers shall determine and document the priority order for conducting process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process. The process hazard analysis shall be conducted as soon as possible, but not later than the following schedule:

(a) No less than 25 percent of the initial process hazards analyses shall be completed by November 24, 1994;

(b) No less than 50 percent of the initial process hazards analyses shall be completed by November 24, 1995;

(c) No less than 75 percent of the initial process hazards analyses shall be completed by November 24, 1996;

(d) All initial process hazard analyses shall be completed by November 24, 1997;

(e) Process hazards analyses completed after November 24, 1987, which meet the requirements of this paragraph are acceptable as initial process hazards analyses. These process hazard analyses shall be updated and revalidated, based on their completion date.

(3) In lieu of initial training for these employees already involved in operating a process on November 24, 1992, an employer may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as specified in the operating procedures.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: OSHA 8-1992, f. 8-13-92, cert. ef. 11-24-92; OSHA 3-1993, f. & cert. ef. 2-23-93; OSHA 6-1994, f. & cert. ef. 9-30-94

Subdivision I — Personal Protective Equipment

437-002-0120

Adoption by Reference

In addition to, and not in lieu of, any other health and safety 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 1910.132 General requirements. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11. In Oregon, OAR 437-002-0134 applies.

(2) 29 CFR 1910.133 Eye and face protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11. In Oregon, OAR 437-002-0134 applies.

(3) 29 CFR 1910.134 Respiratory protection, published 8/7/12, FR vol. 77, no. 152, p. 46948.

(4) 29 CFR 1910.135 Occupational head protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11. In Oregon, OAR 437-002-0134 applies.

(5) 29 CFR 1910.136 Occupational foot protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11. In Oregon, OAR 437-002-0134 applies.

(6) 29 CFR 1910.137 Electrical protective equipment, published 1/31/94, FR vol. 59, no. 20, pp. 4435-7.

(7) 29 CFR 1910.138 Hand Protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11. In Oregon, OAR 437-002-0134 applies.

(8) 29 CFR 1910.139 Respiratory protection for M. tuberculosis. Removed, 12/3/03, FR vol. 68, p. 75776-75780 (OR-OSHA Admin. Order 1-2004, f. 3/26/04, ef. 7/1/04).

(9) Appendices.

Appendix A – References for further information (nonmandatory).

Appendix B – Nonmandatory compliance guidelines for hazard assessment and personal protective equipment selection; amended with OR-OSHA Admin. Order 1-2012, f. and ef. 4/10/12.

These standards are available from the Oregon Occupational Safety and Health Division (OR-OSHA), 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
Hist.: OSHA 9-1993, f. 7-29-93, cert. ef. 9-15-93; OSHA 3-1994, f. & cert. ef. 8-1-94; OSHA 3-1997, f. & cert. ef. 3-28-97; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 3-1998, f. & cert. ef. 7-7-98; OSHA 12-2001, f. & cert. ef. 10-26-01; OSHA 1-2004, f. 3-26-04, cert. ef. 7-1-04; OHSA 5-2004, f. & cert. ef. 11-19-04; OSHA 4-2006, f. & cert. ef. 7-24-06; OSHA 10-2006, f. & cert. ef. 11-30-06; OSHA 5-2008, f. 5-1-08, cert. ef. 5-15-08; OSHA 5-2009, f. & cert. ef. 5-29-09; OSHA 2-2010, f. & cert. ef. 2-25-10; OSHA 4-2011, f. & cert. ef. 12-8-11; OSHA 1-2012, f. & cert .ef. 4-10-12; OSHA 7-2012, f. & cert. ef. 12-14-12

437-002-0122

Dipping and Coating

(1) Scope.

(a) This rule applies to all operations where an object is partially or fully immersed in a liquid, or the vapors of a liquid. Such operations include, but are not limited to, cleaning, coating, altering the surface of an object, or changing the character of an object. Examples of covered operations are paint dipping, electroplating, pickling, quenching, tanning, degreasing, stripping, cleaning, roll coating, flow coating, and curtain coating. This rule also applies to draining or drying an object that has been dipped or coated.

(b) This rule does not apply to tanks that contain only water or a molten material.

(2) Definitions. Adjacent area: Any area within 20 feet (6.1 m) of a vapor area that is not separated from the vapor area by tight partitions. Approved: The equipment is listed or approved by a nationally recognized testing laboratory. Autoignition temperature: The minimum temperature required to cause self-sustained combustion, independent of any other source of heat.Dip tank: A container holding a liquid other than water and is used for dipping or coating. An object may be immersed (or partially immersed) in a dip tank or it may be suspended in a vapor coming from the tank. Flammable liquid: A liquid having a flashpoint at or below 199.4 degrees F (93 degrees C). Flashpoint: The minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite if tested in accordance with the test methods in Appendix B to OAR 437-002-1920.1200 — Physical Hazard Criteria. Lower flammable limit (LFL): The lowest concentration of a material that will propagate a flame. The LFL is usually expressed as a percent by volume of the material in air (or other oxidant). Vapor area: Any space containing a dip tank, including its drain boards, associated drying or conveying equipment, and any surrounding area where the vapor concentration exceeds 25% of the LFL of the liquid in the tank.

(3) Any container used as a dip tank must be strong enough to withstand any expected load.

(4) Ventilation.

(a) Ensure airborne concentrations of materials in any vapor area do not exceed 25% of its LFL.

(b) A tank cover or material that floats on the surface of the liquid in a dip tank to replace or supplement ventilation is acceptable, as long as the airborne concentrations do not exceed 25% of the LFL or any limit established by Division 2, Subdivision Z.

(c) When mechanical ventilation is used, it must conform to design standards based on national consensus standards that meet the following:

(A) The standard specifies the safety requirements for the particular equipment;

(B) The standard is recognized in the United States as providing specifications that result in an adequate level of safety;

(C) The standard was developed by a standards development organization under a method providing for input and consideration of views of industry groups, experts, users, govern- mental authorities, and others having broad experience and expertise in issues related to the design and construction of the particular equipment.

(d) Nonmandatory appendix A of this section contains examples of consensus standards that meet the requirements of paragraph (4)(c) of this section.

(e) When mechanical ventilation is used, each dip tank must have an independent exhaust system unless the combination of substances being removed will not cause a fire, explosion, or chemical reaction.

(f) When mechanical ventilation is used, it must draw the flow of air into a hood or exhaust duct.

(A) Ensure each room with exhaust hoods has make-up airflow that is at least 90% of the volume of air exhausted.

(B) Ensure that make-up air does not damage exhaust hoods.

(C) When air is recirculated, it must meet the requirements of OAR 437-002-0081, “Oregon Ventilation Regulations.”

(g) Inspect hoods and ventilation ductwork for corrosion or damage at least quarterly and prior to operation after a prolonged shutdown.

(h) Ensure the ventilation airflow is adequate at least quarterly and prior to operation after a prolonged shutdown.

(5) Periodically inspect all dipping and coating equipment, including covers, drains, overflow piping, and electrical and fire-extinguishing systems, and promptly correct any deficiencies.

(6) Thoroughly clean dip tanks of solvents and vapors before permitting welding, burning, or open-flame work.

(7) Provide mechanical ventilation or respirators (selected and used as specified in 1910.134, Respiratory Protection) to protect employees in the vapor area from exposure to toxic substances released during welding, burning, or open-flame work.

(8) Medical, first aid, and hygiene facilities.

(a) All employees working with or around dip tanks must know the first-aid procedures appropriate to the dipping and coating hazards to which they are exposed.

(b) When employees work with liquids that may burn, irritate, or otherwise harm their skin:

(A) Obtain a physician’s approval before an employee with a sore, burn, or other skin lesion that requires medical attention can return to work in a vapor area.

(B) Only a properly designated person can provide treatment for any skin abrasion, cut, rash, or open sore.

(C) Keep appropriate first-aid supplies near dipping or coating operations.

(D) Provide employees who work with chromic acid periodic examinations, at least annually, of their exposed body parts, especially their nostrils.

(E) Provide locker space or other storage space to prevent contamination of employee’s street clothes.

(F) Provide at least one basin with hot water for every 10 employees who work with such liquids.

(G) Follow the emergency eyewash and shower facilities requirements of OAR 437-002-0161, Medical & First Aid.

(9) Before cleaning a dip tank:

(a) Drain the tank and open the cleanout doors; and

(b) Ventilate and clear any pockets where hazardous vapors may have accumulated.

(10)Use of flammable or combustible liquids.

(a) Use only dip tanks constructed from non-combustible materials. When drainboards are used, use only drainboards constructed from non-combustible materials.

(b) Overflow piping.

(A) Provide properly trapped overflow piping for dip tanks that have a capacity greater than 150 gallons (568 liters) or a surface area greater than 10 square feet (0.95 square meters).

(B) Overflow piping must discharge to a safe location.

(C) Overflow piping must be at least 3 inches (7.6 cm) diameter and must have sufficient capacity to prevent the tank from overflowing.

(D) The bottom of the overflow connector must be at least 6 inches (15.2 cm) below the top of the dip tank.

(c) Bottom Drains.

(A) Dip tanks containing more than 500 gallons (1893 L) of liquid must have a bottom drain.

(i) A bottom drain is not required if an automatic cover that meets the requirements of paragraph (10)(d)(C) is used.

(ii) A bottom drain is not required if the viscosity of the liquid at normal atmospheric temperature makes this impractical.

(B) Ensure the bottom drain will empty the dip tank in the event of a fire.

(C) Properly trap the bottom drain.

(D) Ensure the bottom drain has pipes that will empty the dip tank within 5 minutes.

(E) Bottom drains must discharge to a safe location.

(F) Bottom drains must be capable of manual and automatic operation. Manual operation must be from a safe and accessible location.

(G) When gravity flow from the bottom drain is impractical, use automatic pumps.

(d) Fire Protection.

(A) Provide portable fire extinguishers that meet the requirements of OAR 437-002-0187 in every vapor area.

(B) Provide an automatic fire extinguishing system:

(i) When the capacity of the dip tank is at least 150 gallons (568 L) or the liquid surface area is 4 square feet (0.38 square meters) or more; or

(ii) When the capacity of a hardening or tempering tank is at least 500 gallons (1893 L) or a liquid surface area of 25 square feet (2.37 square meters) or more.

(C) A cover that is closed by an approved automatic device for the automatic fire-extinguishing system may be used instead of the fire extinguishing system if the cover:

(i) Can also be activated manually;

(ii) Is noncombustible or tin-clad, with the enclosing metal applied with locked joints; and

(iii) Is kept closed when the dip tank is not in use.

(D) In each vapor area and any adjacent area, ensure that:

(i) All electrical wiring and equipment conform to OAR 437, Division 2, Subdivision S (except as specifically permitted in paragraph (15)); and

(ii) There are no flames, spark-producing devices, or other surfaces that are hot enough to ignite vapors.

(E) Electrically bond and ground portable containers used to add liquids to dip tanks to prevent static electrical sparks or arcs.

(F) All vapor areas must be free of combustible debris and as free as practicable of combustible stock.

(G) Deposit all rags or waste impregnated with dipping or coating material in a tightly-closing metal waste can immediately after use. Use only waste cans that are approved or acceptable to the local fire authority.

(H) Empty all waste containers at the end of each shift.

(I) Prohibit smoking in all vapor areas. Post a readily visible “No Smoking” sign near each dip tank or designate the entire area as “No Smoking.”

(e) If a conveyor system is used with a dip tank, it must automatically shut down in the event of a fire. If a ventilation system is used to meet the ventilation requirements of paragraph (4), the conveyor system must automatically shut down if the ventilation system fails.

(f) If a liquid is heated in a dip tank, it must be maintained below the liquid’s boiling point, and it must be maintained at least 100¼ F (37.8¼ C) below the liquid’s autoignition temperature.

(g) Ensure that a heating system that is used in a drying operation and could cause ignition:

(A) Is installed in accordance with NFPA 86A-1969, Standard for Ovens and Furnaces (which is incorporated by reference in 1910.6 of this part); and

(B) Has adequate mechanical ventilation that operates before and during the drying operation; and

(C) Shuts down automatically if any ventilating fan fails to maintain adequate ventilation.

(11) Hardening or Tempering Tanks.

(a) Ensure that hardening or tempering tanks:

(A) Are located as far as practicable from furnaces;

(B) Are on noncombustible flooring;

(C) Have noncombustible hoods and vents (or equivalent devices) for venting to the outside. For this purpose, treat vent ducts as flues and keep them away from combustible materials, particularly roofs.

(b) Equip each tank with an alarm that will sound if the temperature of the liquid comes within 50¼ F (10¼ C) of its flashpoint (the alarm set point).

(c) When practicable, provide each tank with a limit switch to shut down the conveyor supplying work to the tank.

(d) If the temperature of the liquid can exceed the alarm set point, equip the tank with a circulating cooling system.

(e) If the tank has a bottom drain, the bottom drain may be combined with the oil-circulating system.

(f) Do not use air under pressure when filling the dip tank or agitating the liquid in the dip tank.

(12) Flow Coating.

(a) Use a direct low-pressure pumping system or a 10-gallon (38 L) or smaller gravity tank to supply the paint for flow coating. In case of fire, an approved heat-actuated device must shut down the pumping system.

(b) Ensure that the piping is substantial and rigidly supported.

(13) When roll coating, roll spreading, or roll impregnating operations use a flammable or combustible liquid that has a flashpoint below 140¼ F (60¼ C), prevent sparking of static electricity by:

(a) Bonding and grounding all metallic parts (including rotating parts) and installing static collectors; or

(b) Maintaining a conductive atmosphere (for example, one with a high relative humidity) in the vapor area.

(14) Vapor degreasing tanks.

(a) Ensure that the condenser or vapor-level thermostat keeps the vapor level at least 36 inches (91 cm) or one-half the tank width, whichever is less, below the top of the vapor degreasing tank.

(b) When using gas as a fuel to heat the tank liquid, the combustion chamber must be airtight (except for the flue opening) to prevent solvent vapors from entering the air-fuel mixture.

(c) The flue must be made of corrosion-resistant material, and it must extend to the outside. Install a draft diverter if mechanical exhaust is used on the flue.

(d) Do not allow the temperature of the heating element to cause a solvent or mixture to decompose or to generate an excessive amount of vapor.

(15) Ensure that cyanide tanks have a dike or other safeguard to prevent cyanide from mixing with an acid if a dip tank fails.

(16) If a liquid is sprayed in the air over an open-surface cleaning or degreasing tank, control the spraying to the extent feasible by:

(a) Enclosing the spraying operation; and

(b) Using mechanical ventilation to provide enough inward air velocity to prevent the spray from leaving the vapor area.

(17) Electrostatic paint detearing.

(a) Use only approved electrostatic equipment in paint-detearing operations. Electrodes in such equipment must be substantial, rigidly supported, permanently located, and effectively insulated from ground by nonporous, noncombustible, clean, dry insulators.

(b) Use conveyors to support any goods being paint deteared.

(c) Do not manually handle goods being electrostatically deteared.

(d) Maintain a minimum distance of twice the sparking distance between goods being electro- statically deteared and the electrodes or conductors of the electrostatic equipment. This minimum distance must be displayed conspicuously on a sign located near the equipment.

(e) Ensure that the electrostatic equipment has automatic controls that immediately disconnect the power supply to the high-voltage transformer and signal the operator if:

(A) Ventilation or the conveyors fail to operate;

(B) A ground (or imminent ground) occurs anywhere in the high-voltage system; or

(C) Goods being electrostatically deteared come within twice the sparking distance of the electrodes or conductors of the equipment.

(f) Use fences, rails, or guards, made of conducting material and adequately grounded, to separate paint-detearing operations from storage areas and from personnel.

(g) To protect paint-detearing operations from fire, use automatic sprinklers or an automatic fire-extinguishing system conforming to the requirements of OAR 437, Division 2, Subdivision F.

(h) To collect paint deposits, provide drip plates and screens and clean these plates and screens in a safe location.

Stat. Authority: ORS 654.025(2), 656.726(4).
Stats. Implemented: ORS 654.001 - 654.295.
Hist.: OSHA 9-2007, f. & cert. ef. 12-3-07; OSHA 5-2012, f. & cert. ef. 9-25-12

Oregon Initiated Rules for Personal Protective Equipment

437-002-0134

Personal Protective Equipment

Application. This rule applies to personal protective equipment and other protective equipment for the eyes, face, head, extremities and torso to include protective clothing, respiratory devices, and protective shields and barriers, wherever employees encounter hazardous processes or environments, chemical hazards, radiological hazards, or mechanical irritants that are capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.

NOTE: The assessment for eyes, face, head, hands, and feet are currently in effect. The torso and extremities (e.g. arms and legs) element of the body assessment will not be enforced until July 1, 2012.

(1) Hazard assessment and equipment selection.

(a) The employer must assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE) or other protective equipment. If such hazards are present, or likely to be present, the employer must:

(A) Select, and have each affected employee use, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment;

(i) All protective equipment must be of safe design and construction for the work to be performed.

(ii) Protective equipment must be worn and used in a manner which will make full use of its protective properties.

(B) Communicate selection decisions to each affected employee; and,

(C) Select PPE that properly fits each affected employee.

NOTE: Non-mandatory Appendix B contains an example of procedures that would comply with the requirement for a hazard assessment.

(b) The employer must verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.

(2) Equipment.

(a) Where employees provide their own protective equipment, the employer is responsible to assure its adequacy, including proper maintenance, and sanitation of such equipment.

(b) All personal protective equipment must be provided, used, and maintained in a sanitary and reliable condition.

(c) Defective or damaged personal protective equipment must not be used

(d) Each employer must maintain a regular system of inspection and maintenance of personal protective equipment furnished to workers.

(3) Training.

(a) The employer must provide training to each employee who is required by this section to use PPE and each employee that is provided training must know at least the following:

(A) When PPE is necessary;

(B) What PPE is necessary;

(C) How to properly don, doff, adjust, and wear PPE;

(D) The limitations of the PPE; and,

(E) The proper care, maintenance, useful life and disposal of the PPE.

(b) Each affected employee must demonstrate an understanding of the training specified in paragraph (3)(a) of this section, and the ability to use PPE properly, before being allowed to perform work requiring the use of PPE.

(c) When the employer has reason to believe that any affected employee who has already been trained does not have the understanding and skill required by paragraph (3)(b) of this section, the employer must retrain each such employee. Circumstances where retraining is required include, but are not limited to situations where:

(A) Changes in the workplace render previous training obsolete; or

(B) Changes in the types of PPE to be used render previous training obsolete; or

(C) Inadequacies in an affected employee’s knowledge or use of assigned PPE indicate that the employee has not retained the requisite understanding or skill.

(4) Payment for protective equipment.

(a) Except as provided by paragraphs (4)(b) through (4)(f) of this section, the protective equipment, including personal protective equipment (PPE), used to comply with this part, must be provided by the employer at no cost to employees.

(b) The employer is not required to pay for non-specialty safety-toe protective footwear (including steel-toe shoes or steel-toe boots) and non-specialty prescription safety eyewear, provided that the employer permits such items to be worn off the job-site.

(c) When the employer provides metatarsal guards and allows the employee, at his or her request, to use shoes or boots with built-in metatarsal protection, the employer is not required to reimburse the employee for the shoes or boots.

(d) The employer is not required to pay for:

(A) The logging boots required by OAR 437-007-0330 in division 7.

(B) Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots; or

(C) Ordinary clothing, skin creams, or other items, used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.

(e) The employer must pay for replacement PPE, except when the employee has lost or intentionally damaged the PPE.

(f) Where an employee provides adequate protective equipment he or she owns pursuant to paragraph (2)(a) of this section, the employer may allow the employee to use it and is not required to reimburse the employee for that equipment. The employer must not require an employee to provide or pay for his or her own PPE, unless the PPE is excepted by paragraphs (4)(b) through (4)(e) of this section.

(5) Fall Protection.

(a) All employees must be protected from fall hazards when working on unguarded surfaces more than 10 feet above a lower level or at any height above dangerous equipment.

(b) The employer must ensure that fall protection systems are provided, installed, and used according to the criteria in 1926.502(d), and 437-003-0502 in Division 3/M, Construction/Fall Protection.

(6) Work Clothing.

(a) Clothing must be worn which is appropriate to the work performed and conditions encountered.

(b) Appropriate high temperature protective clothing must be worn by workers who are exposed to possible contact with molten metals or other substances that can cause burns.

(c) Loose sleeves, ties, lapels, cuffs, or other loose clothing must not be worn near moving machinery.

(d) Clothing saturated or impregnated with flammable liquids, corrosive or toxic substances, irritants, or oxidizing agents must be removed immediately and not worn again until properly cleaned.

(e) Rings, wristwatches, earrings, bracelets, and other jewelry which might contact power driven machinery or electric circuitry, must not be worn.

(7) High Visibility Garments. Employees exposed to hazards caused by on highway type moving vehicles in construction zones and street/highway traffic must wear highly visible upper body garments. The colors must contrast with other colors in the area sufficiently to make the worker stand out. Colors equivalent to strong red, strong orange, strong yellow, strong yellow-green or fluorescent versions of these colors are acceptable. During hours of darkness, the garments must also have reflective material visible from all sides for 1000 feet.

(8) Eye And Face Protection.

(a) The employer must ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.

(b) The employer must ensure that each affected employee uses eye protection that provides side protection when there is a hazard from flying objects. Detachable side protectors (e.g., clip-on or slide-on side shields) meeting the pertinent requirements of this section are acceptable.

(c) The employer must ensure that each affected employee who wears prescription lenses while engaged in operations that involve eye hazards wears eye protection that incorporates the prescription in its design, or shall wear eye protection that can be worn over the prescription lenses without disturbing the proper position of the prescription lenses or the protective lenses.

(d) Eye and face PPE must be distinctly marked to facilitate identification of the manufacturer.

(e) The employer must ensure that each affected employee uses equipment with filter lenses that have a shade number appropriate for the work being performed for protection from injurious light radiation. The following is a listing of appropriate shade numbers for various operations. Tables and notes.

(f) Protective eye and face protection devices must comply with any of the following consensus standards

(A) ANSI Z87.1-2003, American National Standard Practice for Occupational and Educational Eye and Face Protection, which is incorporated by reference in 1910.6;

(B) ANSI Z87.1-1989 (R-1998), American National Standard Practice for Occupational and Educational Eye and Face Protection, which is incorporated by reference in 1910.6; or

(C) ANSI Z87.1-1989, American National Standard Practice for Occupational and Educational Eye and Face Protection, which is incorporated by reference in 1910.6.

(g) Protective eye and face protection devices that the employer demonstrates are at least as effective as protective eye and face protection devices that are constructed in accordance with one of the above consensus standards will be deemed to be incompliance with the requirements of this section.

(h) Employees whose occupation or assignment requires exposure to laser beams shall be furnished laser safety goggles as required by Occupational Health Regulations which will protect for the specific wavelength of the laser and be of optical density adequate for the energy involved.

(9) Head Protection.

(a) The employer must ensure that each affected employee wears a protective helmet when working in areas where there is a potential for injury to the head from falling or flying objects.

(b) The employer must ensure that a protective helmet designed to reduce electrical shock hazard is worn by each such affected employee when near exposed electrical conductors which could contact the head.

(c) Head protection must comply with any of the following consensus standards:

(A) ANSI Z89.1-2009, American National Standard for Industrial Head Protection, which is incorporated by reference in 1910.6;

(B) ANSI Z89.1-2003, American National Standard for Industrial Head Protection, which is incorporated by reference in ¦1910.6;

(C) ANSI Z89.1-1997, American National Standard for Industrial Head Protection, which is incorporated by reference in 1910.6; or

(d) Head protection devices that the employer demonstrates are at least as effective as head protection devices that are constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section.

(e) Employees who are exposed to power-driven machinery or to sources of ignition shall wear caps or other head covering which completely covers the hair.

(10) Foot Protection.

(a) The employer must ensure that each affected employee use protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects, or objects piercing the sole, and where such employee’s feet are exposed to electrical hazards.

(b) Protective footwear must comply with any of the following consensus standards:

(A) ASTM F-2412-2005, Standard Test Methods for Foot Protection, and ASTM F-2413-2005, Standard Specification for Performance Requirements for Protective Footwear, which are incorporated by reference in 1910.6;

(B) ANSI Z41-1999, American National Standard for Personal Protection — Protective Footwear, which is incorporated by reference in 1910.6; or

(C) ANSI Z41-1991, American National Standard for Personal Protection — Protective Footwear, which is incorporated by reference in ¦1910.6.

(c) Protective footwear that the employer demonstrates is at least as effective as protective footwear that is constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section.

(d) Special types or designs of shoes or foot guards are required where conditions exist that make their use necessary for the safety of workers.

(11) Leg protection

(a) Leggings or high boots of leather, rubber, or other suitable material must be worn by persons exposed to hot substances or dangerous chemical spills.

(b) Employees using chain saws must wear chaps or leg protectors that cover the leg from the upper thigh to mid-calf. The protector must be material designed to resist cuts from the chain saw. Employers must provide this protection at no cost to the employee.

NOTE: To 437-002-0134(11)(b): Employees working in the tree and shrub services industry must follow rules on this subject in Subdivision 2/R instead of the above.

(12) Hand Protection.

(a) Employers must select and require employees to use appropriate hand protection when employees’ hands are exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasions; punctures; chemical burns; thermal burns; and harmful temperature extremes.

(b) Employers must base the selection of the appropriate hand protection on an evaluation of the performance characteristics of the hand protection relative to the task(s) to be performed, conditions present, duration of use, and the hazards and potential hazards identified.

(c) Gloves must not be worn by persons whose hands are exposed to moving parts in which they could be caught.

(13) Skin protection. Where the need for their use is necessary, protective covering, ointments, gloves, or other effective protection must be provided for and used by persons exposed to materials which are hazardous to the skin.

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 4-2011, f. & cert. ef. 12-8-11; OSHA 2-2013, f. 2-15-13, cert. ef. 4-1-13

437-002-0138

Additional Oregon Rule for Electrical Protec?tive Equipment

Tests of Rubber Gloves and Sleeves. Rubber gloves and sleeves shall be electrically tested at least once every 3 months after they are checked out for use, and complete records shall be kept of all such tests and date of issue. Rubber gloves and sleeves not checked out for use within 6 months shall be re-tested before being issued.

Stat. Auth.: ORS 654.025(2) & 656.726(3)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 3-1994, f. & cert. ef. 8-1-94

437-002-0139

Working Underway on Water.

(1) Scope and Application: This rule applies to all employees not covered by division 3, Construction; division 4, Agriculture or division 6, Forest Practices.

(2) Definitions:

(a) Boat — means every description of water craft used or capable of being used as a means of transportation on the water, but does not include aircraft built to land on the water.

EXAMPLE: A partial list includes: boats, rafts, barges, pontoons, dredges and floating logs.

(b) Serviceable condition — means the flotation device is able to perform the function that the manufacturer intended.

(c) Underway — means when a boat is not at anchor, or moored, or made fast to the shore, or aground.

(3)(a) Workers in boats that are underway must wear a Coast Guard approved or equivalent, wearable personal flotation device (PFD).

EXCEPTION: Workers, below deck or in enclosed parts of boats, like cabins and pilot houses need not wear the PFD but must have it at hand.

(b) The PFD must be the right size for the wearer and must be in serviceable condition according to the manufacturer’s requirements and recommendations.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 9-1993, f. 7-29-93, cert. ef. 9-15-93; OSHA 1-2001, f. 1-18-01, cert. ef. 3-1-01

Subdivision J — General Environmental Controls

437-002-0140

Adoption by Reference

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 1910.141 Sanitation, published 6/8/11, Federal Register, vol. 76, no. 110, p. 33590.

(2) Reserved for 29 CFR 1910.142 Temporary labor camps.

(3) 29 CFR 1910.143 Nonwater carriage disposal systems (Reserved).

(4) 29 CFR 1910.144 Safety color code for marking physical hazards, published 12/14/07, FR vol. 72, no. 240, p. 71061.

(5) 29 CFR 1910.145 Specifications for accident prevention signs and tags, published 6/13/13, FR vol. 78, no. 114, p. 35559.

(6) 29 CFR 1910.146 Permit-required confined spaces. Repealed with Oregon OSHA AO 6-2012, f. 9/28/12, ef. 4/1/13. In Oregon, OAR 437-002-0146 applies.

(7) 29 CFR 1910.147 The control of hazardous energy, (lockout/tagout); published 5/2/11, Federal Register vol. 76, no. 84, p. 24576; 7/25/11, FR vol. 76, no. 142, p. 44265.

(8) 29 CFR 1910.148 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239.

(9) 29 CFR 1910.149 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239.

(10) 29 CFR 1910.150 Removed. Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239.

These federal standards are on file with the Oregon Occupational Safety and Health Division, 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
Hist.: OSHA 2-1990, f. 1-19-90, cert. ef. 3-1-90; OSHA 4-1991, f. 2-25-91, cert. ef. 3-15-91; OSHA 13-1992, f. 12-7-92, cert. ef. 2-1-93; OSHA 8-1993, f. & cert. ef. 7-1-93; OSHA 5-1994, f. & cert. ef. 9-30-94; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 2-1999, f. & cert. ef. 4-30-99; OSHA 5-1999, f. & cert. ef. 5-26-99; OSHA 12-2001, f. & cert. ef. 10-26-01; OSHA 7-2008, f. & cert. ef. 5-30-08; OSHA 3-2011, f. & cert. ef. 11-1-11; OSHA 4-2011, f. & cert. ef. 12-8-11; OSHA 6-2012, f. 9-28-12, cert. ef. 4-1-13; OSHA 7-2013, f. & cert. ef. 12-12-13

437-002-0141

Additional Oregon Sanitation Requirements

(1) Definitions:

(a) “Potable Water” means water meeting the bacteriological and chemical quality requirements prescribed in OAR chapter 333, division 61, Public Water Systems, of the Oregon State Health Division;

(b) “Sanitary” means free from agents injurious to health.

(2) Expectoration. Expectorating upon the walls, floors, workplaces, or stairs of any establishment is prohibited.

(3) Disposal of Waste Materials.

(a) Scrap, waste material, or debris shall not be permitted to accumulate in work areas in a manner that will constitute a hazard or contribute to a hazar?dous condition in a place of employment. It shall be removed as required for the safety of workers.

(b) Flammable waste, such as oily rags, shall be removed to a safe place, or be placed in containers designed or suitable for such use.

(c) Where the operation of machines or equip?ment creates waste materials hazardous to workers, such machines or equipment shall be equipped with suitable collecting or removal systems, except that where the refuse is too heavy, bulky, or otherwise unsuitable to be handled by such means, provision for the temporary safe storage and regular removal of the refuse shall be made.

NOTE: Water supply systems design and construction standards are contained in the Oregon Health Division rules, OAR chapter 333, division 61, Public Water Systems.

(4) Toilet Facilities. Toilet facilities at perma?nent worksites must be reasonably accessible.

(5) Washing Facilities. Handwashing facilities shall be provided in work areas where the employees are exposed to hazardous materials which will have a deleterious effect on or be absorbed through the skin if the contamination is not removed.

NOTE: OR-OSHA did not adopt 1910.141(d)(3)(ii). In Oregon, OAR 437-002-0141(6) applies:

(6) Shower Facilities. One shower shall be provided for each five employees of each sex, or numerical fraction thereof, who are required to shower during the same shift.

(7) Ventilation/Smoking.

(a) Exhaust or natural ventilation in eating facili?ties shall be sufficient to prevent the excessive build-up of cigarette smoke, or other atmospheric contaminants.

(b) Where employees work in an enclosed space, exhaust or natural ventilation shall be sufficient to prevent the build-up of cigarette smoke or other atmospheric contaminants.

Stat. Auth.: ORS 654.025(2) & 656.726(3)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 13-1992, f. 12-7-92, cert. ef. 2-1-93; OSHA 6-1994, f. & cert. ef. 9-30-94

NOTE: In lieu of 1910.142, Temporary Labor Camps, the following Oregon-initiated rules have been adopted. OAR 437, division 147, Labor Camps, was redesignated as part of Division 2/J, and renumbered as OAR 437-002-0142.

437-002-0142

Labor Camps

For temporary labor camps operated by employers covered under Divisions 2 (General Industry), 3 (Construction) and 7 (Forest Activities), the following rule applies: Division 4/J, 437-004-1120 (Agricultural Labor Housing and Related Facilities) except paragraphs (5), (6)(p) and (24).

Stat. Auth.: ORS 654.025(2) & 656.726(3).
Stats. Implemented: ORS 315.164, 658.750, 658.755, 658.780, 658.785, 658.805, 658.810 & 658.825
Hist.: OSHA 13-1992, f. 12-7-92, cert. ef. 2-1-93; OSHA 9-1995, f. & cert. ef. 11-29-95; OSHA 5-2000, f. 5-18-00, cert. ef. 6-1-00; OSHA 4-2008, f. 3-24-08, cert. ef. 5-1-08

NOTE: The following Oregon-initiated rule relates to 29 CFR 1910.147(c)(5).

437-002-0144

Additional Oregon Rules for General Environmental Controls

(1) Illumination.

(a) Adequate general and local lighting shall be provided for rooms, building and work areas during the time of use.

(b) Factors upon which the adequacy and effectiveness of illumination shall be judged, include the following:

(A) The quantity of light as specified in American National Standard ANSI All.1-1965, “American Standard Practice for Industrial Lighting.”

(B) The quality of light in terms of freedom from glare, and correct direction, diffusion and distribution.

(C) Freedom from shadows and extreme contrasts.

(c) All skylights, side windows, lamps and other accessories which are necessary for illumination shall be kept clean, and in working order.

(2) Temperature Provisions. Where processes create harmful or hazardous temperature and humidity conditions, measures shall be taken to control the conditions or to control the effect on the employee.

Stat. Auth.: ORS 654.025(2) & 656.726(3)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 6-1994, f. & cert. ef. 9-30-94

437-002-0145

Additional Oregon Rules for Accident Prevention and Tags

Warning Devices. Warning signs, danger signs, warning flags, warning lights, or similar devices shall be conspicuously posted at all locations where existing conditions not otherwise adequately guarded warrant their use.

Stat. Auth.: ORS 654.025(2) & 656.726(3)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 6-1994, f. & cert. ef. 9-30-94

437-002-0146

Confined Spaces

(1) Purpose and application. This rule applies to all activities in confined spaces and provides requirements to protect employees from the hazards of entering and working in confined spaces.

(2) Exceptions. This standard does not apply to the following:

(a) Construction work regulated by Division 3/P Excavations, except for existing sanitary sewers and new sanitary sewers when connected to an existing sanitary sewer.

(b) Construction work regulated by Division 3/S Underground Construction, Caissons, Cofferdams and Compressed Air, except for sewers.

(c) Enclosed spaces regulated by 1910.269 in Division 2/R Electric Power Generation, Transmission And Distribution, except when that standard requires compliance with this standard.

(d) Manholes and vaults regulated by 1910.268(o) in Division 2/R Telecommunications, except when those provisions are insufficient to render the space safe to enter.

(e) Welding in confined spaces regulated by Division 2/Q Welding, Cutting & Brazing, when the only hazards are related to the welding process.

(f) Grain bins, silos, tanks, and other grain storage structures regulated by 1910.272, Grain Handling Facilities.

(g) Diving operations regulated by Division 2/T, Commercial Diving Operations.

(h) Except for (a) through (g) above, when any other applicable standard addresses work in confined spaces or additional hazards that may be present, you must comply with the provisions of that standard and this standard. Where the requirements of one standard are more restrictive than the other, follow the more stringent requirements.

(3) Definitions. Acceptable entry conditions: The conditions that must exist in a permit-required confined space to allow safe entry and work. Alternate entry – An alternative process for entering a permit space under very specific conditions. The space remains a permit space even when entered using alternate entry. Atmospheric hazard (see the definition of hazardous atmosphere). Authorized – Approved by the employer or controlling contractor. Attendant — An individual stationed outside one or more permit spaces to monitor the authorized entrants and who performs all attendants duties assigned in the employer's permit space program. Atmospheric testing — see “Testing.” Authorized entrant — An employee who is authorized by the employer to enter a permit space. Barrier — A physical obstruction that blocks or limits access. Calibration — The checking of a direct-reading instrument against an accurate standard (such as a calibration gas) to determine any deviation and correct for errors.

Note: A similar process may also be referred to as a “bump test” in which an instrument is tested with an accurate standard to ensure it is still reading correctly. For the purposes of this rule, a “bump test” performed in accordance with the manufacturer’s instructions can be used to verify calibration.

(a) Confined space – A space that meets all of the following: Large enough and so configured that an employee can fully enter the space and perform work. Has limited or restricted means for entry and/or exit. Is not designed for continuous human occupancy. Continuous system — a confined space that meets all of the following: Part of, and contiguous with, a larger confined space (for example, storm sewers, sanitary sewers, or steam tunnels) Cannot be isolated from the larger confined space Subject to a potential release from the larger confined space that can overwhelm control measures and/or personal protective equipment, resulting in a hazard that is immediately dangerous to life and health. Control — The action taken to reduce the level of any hazard inside a confined space using engineering methods (for example, by isolation or ventilation), and then using these methods to maintain the reduced hazard level. Control also refers to the engineering methods used for this purpose. Personal protective equipment is not a control. Controlling contractor — The employer that has overall responsibility for construction at a worksite.

Note: A controlling contractor who owns or manages a property is both a controlling contractor and a host employer.

(b) Emergency — Any occurrence (including any failure of hazard control or monitoring equipment) or event internal or external to the permit space that could endanger entrants. Engulfment hazard — A physical hazard consisting of a liquid or flowable solid substance that can surround and capture an individual. Engulfment hazards may cause death or serious physical harm if: the individual inhales the engulfing substance into the respiratory system (drowning, for example); the substance exerts excessive force on the individual’s body resulting in strangulation, constriction, or crushing; or the substance suffocates the individual. Entrant (see the definition of authorized entrant). Entry — The action by which any part of an employee’s body breaks the plane of an opening into a confined space. Entry (or entry operations) also refers to the period during which an employee occupies a confined space. Entry Permit — Written authorization from the employer, controlling contractor, or host employer to enter a permit-required confined space and perform work. Entry supervisor: The person (such as the employer, foreman, or crew chief, or any other designated employee) responsible for: Determining if acceptable entry conditions are present at a permit space where entry is planned; and Authorizing entry and overseeing entry operations; and Terminating entry as required Hazard — A physical hazard or hazardous atmosphere. Hazardous atmosphere — An existing or potential atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to self-rescue (that is, escape unaided from a permit space), injury, or acute illness from one or more of the following: A flammable gas, vapor, or mist in excess of 10 percent of its lower flammable limit. An airborne combustible dust at a concentration that meets or exceeds its lower explosive limit.

Note: This concentration may be approximated as a condition in which the dust obscures vision at a distance of 5 feet (1.52 meters) or less.

An atmospheric oxygen concentration below 19.5 percent (oxygen deficient) or above 23.5 percent (oxygen enriched).

An airborne concentration of a substance that exceeds the dose or exposure limit specified by an Oregon OSHA requirement.

Note: An atmospheric concentration of any substance that is not capable of causing death, incapacitation, impairment of ability to self-rescue, injury, or acute illness due to its health effects is not covered by this provision.

An atmosphere that presents an immediate danger to life or health (IDLH). Host employer — An employer who owns or manages the property on which confined space work is taking place. Immediately dangerous to life or health (IDLH) means any condition that poses an immediate or delayed threat to life or that would cause irreversible adverse health effects or that would interfere with an individual’s ability to escape unaided from a permit space.

Note: Some materials — hydrogen fluoride gas and cadmium vapor, for example — may produce immediate transient effects that, even if severe, may pass without medical attention, but are followed by sudden, possibly fatal collapse 12 - 72 hours after exposure. The victim “feels normal” from recovery from transient effects until collapse. Such materials in hazardous quantities are considered to be “immediately” dangerous to life or health.

(c) Inerting — The displacement of the atmosphere in a permit space by a noncombustible gas (such as nitrogen) to such an extent that the resulting atmosphere is noncombustible.

Note: This procedure produces an IDLH oxygen-deficient atmosphere.

(d) Isolation: The process by which a permit-required confined space is removed from service and completely protected against the release of energy and material into the space by such means as: Blanking or blinding. Misaligning or removing sections of lines, pipes, or ducts. A double block and bleed system. Lockout or tagout of all sources of energy. Blocking or disconnecting all mechanical linkages. Mobile worker — An employee who performs their work in multiple locations such as customer sites, company offices, private homes, vendor offices, or construction sites. Monitor or monitoring — The process used to identify and evaluate the atmosphere in a permit space after an authorized entrant enters the space. This is a process of checking for changes in the atmospheric conditions within a permit space and is performed in a periodic or continuous manner after the completion of the initial testing of that space. (See also “testing.”) Non-entry rescue – Retrieval of entrants from a permit space without entering the permit space. Permit-required confined space (permit space) – A confined space that has one or more of the following characteristics: Contains, or has a potential to contain, a hazardous atmosphere. Contains a material that has the potential to engulf an entrant. Has an internal configuration such that an entrant could become trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section. Contains any other recognized serious safety or health hazard that can inhibit an entrants ability to self-rescue. Physical hazard: An existing or potential hazard that can cause death or serious physical harm in or near a confined space, or a hazard that has a reasonable probability of occurring in or near a confined space, and includes, but is not limited to: Explosives; mechanical, electrical, hydraulic, and pneumatic energy; radiation; temperature extremes; engulfment; noise; and inwardly converging surfaces; and Chemicals that can cause death or serious physical harm through skin or eye contact (rather than through inhalation). Potential hazards — All reasonably anticipated conditions within the space and outside the space that can adversely affect conditions within the space. Rescue — Retrieving employees who are unable to remove themselves from a permit space. Rescue service — The onsite or offsite personnel who the employer designates to engage in non-entry and/or entry rescue of employees from a permit space. Retrieval system — The equipment, including mechanical retrieval devices, used for non-entry rescue of authorized entrants from a permit space. Serious physical harm — An impairment in which a body part is made functionally useless or is substantially reduced in efficiency. Such impairment may include loss of consciousness or disorientation, and may be permanent or temporary, or chronic or acute. Injuries involving such impairment would usually require treatment by a physician or other licensed health-care professional while an illness resulting in serious physical harm could shorten life or substantially reduce physical or mental efficiency by impairing a normal bodily function or body part. Testing: The process of identifying and evaluating the atmospheric hazards that entrants may be exposed to in a permit-required confined space. Testing includes specifying the initial tests that are to be performed in the permit space. (See also “monitor or monitoring”)

Note: Testing enables employers both to devise and implement adequate control measures for the protection of authorized entrants and to determine if acceptable entry conditions are present immediately prior to and during entry.

Ventilate or ventilation - Controlling a hazardous atmosphere using powered equipment, such as fans and blowers, to continuously move air. You – The employer. Table.

(4) Evaluation.

(a) You must determine if there are confined spaces in your workplace. Ensure all confined spaces are part of this determination.

(A) Exceptions:

(i) Employers of mobile workers where the employer or controlling contractor is not the property owner are not required to perform this evaluation, but must follow the requirements of (4)(c) through (4)(e).

(ii) On sites where confined spaces are being built, the host employer or controlling contractor is not responsible for performing this determination unless:

(I) Any of their employees enter that space.

(II) An agent of the employer enters that space.

(III) Employees of an employer responsible to that controlling contractor or host employer enter that space.

(IV) They assume control over that space.

(B) Before employees of another employer enter a confined space under your control, and you have information related to paragraph (4)(b), you must provide it to that employer.

(b) You must evaluate all of your confined spaces to determine if they are permit-required confined spaces. This evaluation must include:

(A) Any known or anticipated hazard.

(B) The determination from any previous evaluation of that space.

(C) Any precautions and procedures previously implemented for entering the space.

(c) When your employees are mobile, you must determine if they will be exposed to confined spaces at their assigned work locations, and if those spaces are subject to any hazards. This determination must include information, if any, from the host employer or controlling contractor.

(A) Determine if the space meets the definition of a confined space.

(B) Identify any physical and atmospheric hazards that make the space a permit-required confined space.

(d) When a space has hazards that make it a permit space:

(A) Develop and implement a means so employees can identify that space. Signs, labels, or tags are methods that can be used to accomplish this.

(B) Allow employees or their representatives to observe the evaluation or re-evaluation of the space.

(C) When conditions within a confined space or a permit space change, re-evaluate it.

(D) Take all necessary measures to prevent unauthorized employees from entering permit spaces.

(e) Ensure employees do not enter any unevaluated confined space until it is fully evaluated.

(5) Permit-Required Confined Space Entry Program and Permits.

(a) When employees must enter a permit space, develop and implement a written program that describes the means, practices, and procedures to safely identify and enter permit spaces.

(b) Ensure this program includes:

(A) Documentation of entry permit procedures.

(B) Measures taken to prohibit unauthorized persons from entering permit spaces.

(C) Designation of employee roles, such as entrants, attendants, entry supervisors, rescuers, or those who test or monitor the atmosphere in a permit space.

(D) Identification of designated employee duties.

(E) Training on the written program and entry permits.

(F) Training employees on their designated roles.

(G) Instructions to identify and evaluate hazards.

(H) Methods to eliminate and/or control hazards.

(I) Instructions on equipment use and maintenance.

(J) Instructions to coordinate entry with another employer.

(K) Procedures necessary for concluding the entry and canceling the permit after entry operations have been completed.

(c) On fixed sites, ensure this program also includes:

(A) The location of all permit spaces.

(B) The reason for the classification of each permit space or each type of permit space.

Note: Where there are multiple permit spaces of the same type that have the same hazards, such as sewers, water vaults, or valve pits, the exact location of each space does not need to be identified so long as there is enough information so that employees can readily identify each type of space and its hazards at each location.

(C) Exception: The location of permit spaces at remote unmanned locations do not need to be added to the program until the first time employees go to that location after the effective date of this rule.

(d) Ensure employees and their representatives have access to the written program.

(e) Ensure procedures are developed and implemented for issuing permits. Ensure these procedures include how to:

(A) Evaluate the hazards of the space.

(B) Evaluate hazards of the work to be performed.

(C) Identify safe entry conditions.

(f) Ensure entry permits include the following information:

(A) The space to be entered.

(B) The purpose of the entry.

(C) The date, start, and stop times of the permit.

(D) The hazards of the space.

(E) Acceptable entry conditions.

(F) Results of initial tests and periodic monitoring performed to evaluate and identify the hazards and conditions of the space, or the period for continuous monitoring, accompanied by the names or initials of the testers and by an indication of when the tests were performed.

(G) Appropriate measures used before entry to isolate the space and eliminate or control hazards. Examples of appropriate measures include the de-energizing and lockout or tagging of equipment, and procedures for purging, inerting, ventilating, and flushing permit spaces.

(H) Names of entrants and current attendants.

(I) The signature of the original supervisor authorizing entry.

(J) The current entry supervisor.

(K) Communication procedures for entrants and attendants to maintain contact during the entry.

(L) Equipment provided for safe entry, such as:

(i) Personal protective equipment (PPE)

(ii) Testing and monitoring equipment

(iii) Communications equipment

(iv) Alarm systems

(v) Rescue equipment

(M) Rescue services available, and how to contact them.

(N) Other information needed for safety in the particular permit space

(O) Additional permits issued for work in the space, such as for hot work.

(P) Any problems, if any, encountered during the entry.

(g) Ensure entrants or their authorized representatives have access to the completed permit before entry so they can confirm that pre-entry preparations have been completed.

(h) Review the permit program when there is any reason to believe that employees are not adequately protected, and revise it as necessary.

(A) Situations that require this review include:

(i) Unauthorized entry of a permit space.

(ii) A previously unrecognized hazard is discovered.

(iii) A condition prohibited by the permit or permit program exists.

(iv) An injury or near-miss occurs during entry.

(v) An employee reports concerns about the effectiveness of the program.

(vi) Any other condition that affects employee safety or health.

(B) When revising the permit program to correct hazard-related deficiencies, do not allow entries into affected permit spaces to be made until the revisions are complete.

(C) Ensure employees and their representatives have access to the revised permit program.

(i) Review permits within one year of their cancellation to evaluate:

(A) The permit program.

(B) The protection provided to employees entering permit spaces.

(6) Permit Entry.

(a) Perform initial testing for atmospheric hazards, where necessary, before entry is made.

(b) Provide each entrant or their authorized representative with the results of any initial testing before they enter the space.

(c) Ensure safe entry conditions are maintained for the duration of the entry.

(A) When the space is too large to isolate, or is part of a continuous system, such as a sewer, ensure continuous monitoring where entrants are working for the duration of the entry

(B) When an entrant or their authorized representative has reason to believe that the testing or monitoring was inadequate, re-test the space.

(d) Ensure all actions and precautions identified on the permit are followed.

(e) When conditions require the space to be evacuated, do not allow re-entry unless you:

(A) Re-assess the conditions of the space to ensure it is safe for re-entry and ensure the permit reflects the evacuation and subsequent re-assessment; or

(B) Issue a new permit.

(f) Allow entrants or their authorized representatives the opportunity to observe monitoring, testing, and all other actions taken to eliminate or control the hazards of the space.

(7) Equipment.

(a) When employees enter permit spaces, provide the following equipment as necessary:

(A) Testing and monitoring equipment.

(B) Ventilating equipment, when needed, used to obtain and maintain acceptable entry conditions.

(C) Communication equipment, such as a two-way radio, for effective communication between the attendant and all entrants, and to initiate rescue when necessary.

(D) Lighting equipment needed to ensure employees can see well enough to work safely and exit the space quickly in the event of an emergency.

(E) Barriers or shields to protect entrants from external hazards, such as pedestrians and vehicles.

(F) Ladders or other equipment to safely enter and exit the space.

(G) Rescue and emergency equipment necessary to safely and effectively rescue entrants.

(H) Any other equipment necessary to safely enter and exit the space.

(I) Personal protective equipment as mandated by any applicable Oregon OSHA standard.

(b) Provide all necessary equipment at no cost to employees.

(c) Ensure all equipment is maintained and used in accordance with the instructions from the manufacturer.

(d) Ensure all employees who use equipment are trained in the use of that equipment.

(8) Personnel.

(a) Before employees enter permit spaces, designate entrants, attendants, and entry supervisors.

Note: The entry supervisor can also be either the attendant or entrant.

(b) Entrants must:

(A) Know the hazards that may be faced during entry, including information on the type of hazard, as well as signs, symptoms, and consequences of exposure to those hazards.

(B) Communicate with the attendant as necessary so the attendant can monitor the entrant’s status and to enable the attendant to alert entrants of the need to evacuate the space.

(C) Alert the attendant whenever the entrant detects a dangerous or hazardous condition or warning sign or symptom of exposure to a dangerous situation.

(D) Exit from the permit space as quickly as possible whenever:

(i) An order to evacuate is given by the attendant or the entry supervisor, or

(ii) The entrant recognizes any warning sign or symptom of exposure to a dangerous situation, or

(iii) The entrant detects a dangerous or hazardous condition, or

(iv) An evacuation alarm is activated.

(c) Attendants must:

(A) Know the hazards that may be faced during entry, including information on the type of hazard, as well as signs, symptoms, and consequences of exposure to those hazards.

(B) Be aware of possible behavioral effects of hazard exposure in authorized entrants.

(C) Continuously maintain an accurate count of authorized entrants in the permit space and ensure that the means used to identify authorized entrants accurately identifies who is in the permit space.

(D) Remain outside the permit space during entry operations until relieved by another attendant.

(E) Communicate with authorized entrants as necessary to monitor entrant status and to alert entrants of the need to evacuate the space.

(F) Monitor activities inside and outside the space to determine if it is safe for entrants to remain in the space and order the authorized entrants to evacuate the permit space immediately under any of the following conditions:

(i) If the attendant detects a dangerous or hazardous condition;

(ii) If the attendant detects the behavioral effects of hazard exposure in an authorized entrant;

(iii) If the attendant detects a situation outside the space that could endanger the authorized entrants; or

(iv) If the attendant cannot effectively and safely perform all the duties required of the attendant

(G) Summon rescue and other emergency services as soon as the attendant determines that authorized entrants may need assistance to escape from permit space hazards;

(H) Take the following actions when unauthorized persons approach or enter a permit space while entry is underway:

(i) Warn the unauthorized persons that they must stay away from the permit space;

(ii) Advise the unauthorized persons that they must exit immediately if they have entered the permit space; and

(iii) Inform the authorized entrants and the entry supervisor if unauthorized persons have entered the permit space;

Note: The employer can give the attendant the authority to remove unauthorized individuals who enter or who attempt to enter the permit space during entry operations, so long as the attendant does not enter the space.

(I) Perform non-entry rescues as specified by the employer’s rescue procedure; and

(J) Perform no duties that might interfere with the attendant’s primary duty to monitor and protect any authorized entrant.

NOTE: An attendant may monitor more than one space at a time, but the duties in relation to one space may not interfere with the duties for any other spaces. If an attendants’ attention is focused on one space, such as to initiate the rescue procedures, all other spaces that the attendant is monitoring must be evacuated or another attendant must take over those duties first.

(d) Entry supervisors must:

(A) Know the hazards that may be faced during entry, including information on the type of hazard, as well as signs, symptoms, and consequences of exposure to those hazards

(B) Understand the means and methods to control and/or eliminate the hazards of the permit space

(C) Verify, by checking that the appropriate entries have been made on the permit, that all tests specified by the permit have been conducted and that all procedures and equipment specified by the permit are in place before endorsing the permit and allowing entry to begin

(D) Inform entrants and attendants of the hazards and conditions associated with the space and the methods used to eliminate and/or control those hazards

(E) Terminate the entry and cancel the permit as required by the permit entry program

(F) Verify that rescue services are available and that the means for summoning them are operable

(G) Remove unauthorized individuals who enter or who attempt to enter the permit space during entry operations.

(H) Reevaluate the conditions within the space whenever responsibility for a permit space entry operation is transferred and at intervals dictated by the hazards and operations performed within the space.

(9) Rescue.

(a) Before employees enter a permit space, develop and implement procedures to remove entrants in the event of an emergency or when they are unable to self-rescue. These procedures must include:

(A) The process for summoning rescue services.

(B) The process for summoning emergency medical services or transporting injured entrants to a medical facility.

(C) If an injured entrant is exposed to a substance for which a Safety Data Sheet (SDS) or other similar written information is required to be kept at the worksite, that MSDS or written information must be made available to the medical facility treating the exposed entrant.

(b) Where feasible, use non-entry retrieval systems or methods whenever an authorized entrant enters a permit space, unless it would increase the overall risk to the entrant or would not contribute to the rescue of the entrant.

(A) Non-entry Rescue.

(i) Use a retrieval system that meets the following requirements.

(I) Each authorized entrant must use a chest or full body harness, with a retrieval line attached at the center of the entrant’s back near shoulder level, above the entrant’s head, or at another point which you can establish presents a profile small enough for the successful removal of the entrant. Wristlets or ankle straps or other equally effective means may be used in lieu of the chest or full body harness if you can demonstrate that the use of a chest or full body harness is infeasible or creates a greater hazard and that the use of other methods are the safest and most effective alternative.

(II) Attach the other end of the retrieval line to a mechanical device or fixed point outside the permit space so that rescue can begin as soon as the attendant becomes aware that rescue is necessary. Ensure a mechanical device is available to retrieve personnel from vertical type permit spaces more than 5 feet (1.52 m) deep.

(ii) Designate a rescue person or team to perform rescues in a timely manner.

Note: The response time is based on the hazards of the space. For example, IDLH hazards require an immediate response, and responders would need to be available on-site during the duration of the entry.

(iii) Ensure all rescuers are trained in basic first aid and cardiopulmonary resuscitation (CPR). At least one member must be certified in first aid and CPR.

(iv) Rescuers must practice performing permit space rescues at least once every 12 months.

(I) The practice rescue must include every type of space in which the rescue team may perform rescues.

(II) The practice rescue must include removing persons, dummies, or manikins from the actual permit spaces or representative spaces that have similar opening size, configuration, and accessibility issues as the actual permit spaces where rescue may be performed.

(III) Exception: Rescuers do not need to perform annual practice rescues when mobile workers enter a permit space when, prior to beginning entry operations, the employees designated to perform non-entry rescue (including attendants, if applicable):

(i) Have access to the permit space to be entered or to a simulated permit space; and

(ii) Develop appropriate rescue plans; and

(iii) Conduct practice rescue operations in accordance with (8)(b)(A)(iv)(II).

(B) Entry Rescue.

(i) Where non-entry rescue is not feasible or would increase the overall risk to the entrant, designate a rescue team before employees enter any permit space.

(ii) Ensure the rescue team:

(I) Can respond to a rescue call in a timely manner. Timeliness is based on the identified hazards of the space. Rescuers must be able to reach potential victims within an appropriate time frame based on the identified hazards of the permit space.

(II) Can efficiently rescue employees from permit spaces.

(III) Has the appropriate equipment to rescue employees from all permit spaces employees enter.

(iii) Inform each rescue team or service about the hazards they may confront when called to perform rescue.

(iv) Provide the rescue team or service with access to all permit spaces from which rescue may be necessary.

(v) Provide rescue team members with personal protective equipment (PPE) needed for safe entry and any other equipment required to safely conduct rescues.

(vi) Use and maintain all equipment according to the instructions from the manufacturer.

(vii) Rescue teams must practice performing permit space rescues at least once every 12 months.

(I) The practice rescue must include the different kinds of spaces in which the rescue team may perform rescues.

(II) The practice rescue must include removing persons, dummies, or manikins from the actual permit spaces or representative spaces that have similar opening size, configuration, and accessibility issues as the actual permit spaces where rescue may be performed.

(III) Exception: The rescue team does not need to perform annual practice rescues when mobile workers enter a permit space when, prior to beginning entry operations, the employees designated to perform rescue:

(i) Have access to the permit space to be entered or to a simulated permit space; and

(ii) Develop appropriate rescue plans; and

(iii) Conduct practice rescue operations in accordance with (8)(b)(B)(vii)(II).

(viii) Rescue team personnel must have the same training and proficiencies as a permit space entrant, attendant, and/or entry supervisor.

(ix) Ensure all rescue team members are trained in basic first aid and cardiopulmonary resuscitation (CPR). At least one member must be certified in first aid and CPR.

Note: Additional medical training, such as oxygen administration, the use of automated external defibrillators (AEDs), and personnel decontamination should be considered.

(x) When a third-party rescue service is used, ensure that the service is:

(I) Aware that they are so designated and agree to it in writing prior to entry.

(II) Capable of performing all required rescue operations.

(III) Trained in first aid and CPR, and at least one member is certified in first aid and CPR.

(C) Third-party entry rescue providers.

(i) In addition to the requirements of this rule, employers that provide entry rescue services must:

(I) Obtain information required by paragraph (4) regarding every permit space in which entry rescue by your employees may be necessary.

(II) Be familiar with the policies and procedures as described in paragraph (9)(a).

(ii) When activated to perform a rescue, without entering the space and using the entry permit, evaluate the space to:

(I) Identify all physical and atmospheric hazards.

(II) Determine the precautions and procedures to follow for entry into the space.

(10) Alternate Entry.

(a) Permit spaces may be entered without a permit when:

(A) All hazards have been eliminated; or

(B) All physical hazards, if any, have been eliminated and all atmospheric hazards are controlled with continuous forced-air ventilation.

Note: For purposes of this rule, “hazard elimination” means that the conditions which caused the hazard no longer exist within the space.

Note: Continuous forced-air ventilation does not eliminate atmospheric hazards. It only controls the hazards.

(b) Exception: Alternate entry cannot be used to enter a continuous system unless you can positively isolate the area to be entered from the rest of the space or can demonstrate and document that the conditions which caused the hazard no longer exist within the system during the entry.

(c) When employees enter permit spaces under alternate entry, you do not need to comply with the requirements of paragraphs (5), (6), (8), (9), and (12) of this rule for those entries.

(d) Develop and implement procedures for each space that can be entered with alternate entry procedures. These procedures must address:

(A) The hazards of the space.

(B) The methods used to eliminate hazards.

(C) The methods used to ensure that the hazards have been eliminated.

(D) The methods used to test the atmosphere within the space, where applicable, for all atmospheric hazards.

(E) The methods used to determine if unsafe conditions arise before or during entry.

(F) The criteria and conditions for evacuating the space during entry.

(G) The methods for training employees in these procedures.

(H) The methods for ensuring employees follow these procedures.

(e) When using ventilation to control atmospheric hazards:

(A) Use only properly calibrated direct-reading meters to test the atmosphere.

(B) Ensure direct-reading instruments are used and tested according to the instructions and recommendations from the instrument manufacturer.

(C) Test the atmosphere for all identified atmospheric hazards before entering the space.

(D) Ensure employees only enter after testing verifies that all atmospheric hazards are adequately controlled by the ventilation.

(E) Perform continuous monitoring for all atmospheric hazards during the entry.

(F) Immediately evacuate the space:

(i) When monitoring indicates the return of atmospheric hazards

(ii) Upon any failure with the direct-reading instrument.

(iii) Upon any failure with the ventilation.

(iv) When a new hazard is introduced or conditions within the space change.

(f) Ensure all employees or their representatives who will conduct the entry have the opportunity to observe all activities used to comply with this section.

(g) Ensure all employees who conduct entry have an effective means of communication, such as a two-way radio, cell phone, or voice if other employees are present, to summon help while within the space.

(h) When a space is evacuated, it cannot be re-entered as an alternate entry unless:

(A) The conditions that necessitated the evacuation are corrected; and

(B) The re-entry is treated and documented as a new entry.

(i) Document each entry. This documentation must include:

(A) The location of the space.

(B) The hazards of the space.

(C) The measures taken to eliminate the hazards.

(D) When applicable, the measures used to control the atmospheric hazards

(E) When applicable, the identity of the direct-reading instruments used to test the atmosphere, including the date of calibration.

(F) When applicable, the results of the atmospheric testing.

(G) The date of the entry.

(H) The duration of the entry.

(I) When applicable, any and all conditions that required the evacuation of the space.

(J) The name, title, and signature of the person responsible for ensuring the safe entry conditions.

(j) Maintain this documentation for the duration of the entry at the location of the entry.

(11) Training.

(a) Train each employee involved in permit space activities so they acquire the understanding, knowledge, and skills necessary to safely perform their duties, according to their assigned responsibilities.

(A) Provide training:

(i) For all new employees

(ii) Before an employee is assigned permit space duties

(iii) Before there is a change in an employee’s assigned duties

(iv) When there is a hazard for which the employee hasn’t already been trained

(v) When there are changes to the permit program

(vi) When the permit audit shows deficiencies

(vii) Whenever there is a deviation from the established procedures or employee knowledge of the procedures is inadequate

(b) Document employee training. Ensure the documentation:

(A) Contains the employee’s name, the name and signature of the trainer, and the date of training.

(B) Contains the responsibilities for which they were trained.

(C) Is available for inspection by employees and their authorized representative.

(c) Ensure each employee is proficient in their assigned duties.

(d) Awareness training:

(A) Provide awareness training to all employees whose work operations are or may be in an area where permit spaces are present to explain:

(i) The permit space program

(ii) The entry permit system

(iii) The alternate entry procedures, if used

(iv) How to recognize permit spaces in their work area

(B) Provide this training:

(i) For all new affected employees

(ii) For all employees whose duties change to include work in areas with permit spaces

(iii) When inadequacies in an employee’s knowledge indicate that the employee has not retained the requisite understanding

(iv) When there is a change in the permit program

(v) When there are new or previously unidentified permit spaces

(12) Multi-employer worksites.

(a) Unless you fall within an exemption under paragraph (4)(A)(a), before employees of another employer enter permit spaces under your control, you must:

(A) Inform the employer and their employees:

(i) That the workplace contains permit spaces and can be entered only when the applicable requirements of this rule are met

(ii) Of the identified hazards and your experience with each permit space they will enter

(iii) Of any precautions or procedures you require to protect employees in or near spaces where the work will be performed

(B) Coordinate entry operations with the employer, when employees of different employers will be working in or near the same permit spaces.

(C) Discuss entry operations with the employer after they are complete. This discussion must include:

(i) The program followed during permit space entry: and

(ii) Any hazards confronted or created

(b) When your employees enter a permit space under the control of another entity, at the conclusion of entry operations, inform the controlling contractor and host employer about the precautions and procedures you followed and any hazards that were present or that developed during entry operations.

(13) Records. Keep cancelled permits for at least one year from the date the permit expires for review (see paragraph (5)(i)).

Note: Additional record retention requirements may apply under OAR 437-002-1910.1020.
“Access to Employee Medical and Exposure Records.”
Appendices.

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 6-2012, f. 9-28-12, cert. ef. 4-1-13

The Control of Hazardous Energy (Lockout/Tagout)

NOTE: This exemption of construction, agriculture and maritime employment was not adopted in Oregon. Lockout/ tagout rules continues to apply to all Oregon employers.)

NOTE: The following Oregon-initiated rule relates to 29 CFR 1910.147(c)(5):

437-002-0154

Individual Locks

In addition to and not instead of the definition of "lockout device" in this section, the user must have the only key to each lock(s) or only the user may have the combination to each lock.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(4)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: OSHA 2-1990, f. 1-19-90, cert. ef. 3-1-90; OSHA 12-2001, f. & cert. ef. 10-26-01

CONTINUE TO OARs 437-002-0161 through 437-002-0311

JUMP FORWARD TO OARs 437-002-0312 through 437-002-2226

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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