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The Oregon Administrative Rules contain OARs filed through August 15, 2016
 
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DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,
OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION

 

DIVISION 3

CONSTRUCTION

437-003-0001

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, in the Federal Register:

(1) Subdivision A — GENERAL

(a) 29 CFR 1926.1 Purpose and Scope, published 4/6/79, FR vol. 44, p. 20940.

(b) 29 CFR 1926.2 Variances from safety and health standards, published 4/6/79, FR vol. 44, p. 20940.

(c) 29 CFR 1926.3 Inspections — right of entry, published 4/6/79, FR vol. 44, p. 20940.

(d) 29 CFR 1926.4 Rules of practice for administrative adjudications for enforcement of safety and health standards, published 4/6/79, FR vol. 44, p. 20940.

(e) 29 CFR 1926.6 Incorporation by reference, published 4/11/14, FR vol. 79, no. 70, p. 20316.

(2) Subdivision B — GENERAL INTERPRETATIONS.

(a) 29 CFR 1926.10 Scope of subpart, published 4/6/79, FR vol. 44, p. 20940.

(b) 29 CFR 1926.11 Coverage under section 103 of the act distinguished, published 4/6/79, FR vol. 44, p. 20940.

(c) 29 CFR 1926.12 Reorganization plan No. 14 of 1950, published 4/6/79, FR vol. 44, p. 20940.

(d) 29 CFR 1926.13 Interpretation of statutory terms, published 4/6/79, FR vol. 44, p. 20940.

(e) 29 CFR 1926.14 Federal contracts for ‘mixed’ types of performance, published 4/6/79, FR vol. 44, p. 20940.

(f) 29 CFR 1926.15 Relationship to the service contract act; Walsh-Healey Public Contracts Act, published 4/6/79, FR vol. 44, p. 20940.

(g) 29 CFR 1926.16 Rules of construction, published 4/6/79, FR vol. 44, p. 20940.

(3) Subdivision C — GENERAL SAFETY AND HEALTH PROVISIONS.

(a) 29 CFR 1926.20 General safety and health provisions, published 12/12/08, FR vol. 73, no. 240, pp. 75568-75589.

(b) 29 CFR 1926.21 Safety training and education, published 4/6/79, FR vol. 44, p. 20940; amended with Oregon OSHA AO 6-2012, repealed (b)(6), f. 9/28/12, ef. 4/1/13.

(c) 29 CFR 1926.22 Recording and reporting of injuries (Reserved)

(d) 29 CFR 1926.23 First aid and medical attention, published 4/6/79, FR vol. 44, p. 20940.

(e) 29 CFR 1926.24 Fire protection and prevention, published 4/6/79, FR vol. 44, p. 20940.

(f) 29 CFR 1926.25 Housekeeping, published 4/6/79, FR vol. 44, p. 20940.

(g) 29 CFR 1926.26 Illumination, published 4/6/79, FR vol. 44, p. 20940.

(h) 29 CFR 1926.27 Sanitation, published 4/6/79, FR vol. 44, p. 20940.

(i) 29 CFR 1926.28 Personal protective equipment. REPEALED with Oregon OSHA Admin. Order 2-2013, filed 2/15/13, effective 4/1/13. In Oregon, OAR 437-003-0134 applies.

(j) 29 CFR 1926.29 Acceptable certifications, published 4/6/79, FR vol. 44, p. 20940.

(k) 29 CFR 1926.30 Shipbuilding and ship repairing, published 3/7/96, FR vol. 61, no. 46, p. 9249.

(l) 29 CFR 1926.31 (Reserved).

(m) 29 CFR 1926.32 Definitions, published 6/30/93, FR vol. 58, no. 124, p. 35078.

(n) 29 CFR 1926.33 Access to employee exposure and medical records, published 6/20/96, FR vol. 61, no. 46, p. 31427.

(o) 29 CFR 1926.34 Means of egress, published 6/30/93, Federal Register, vol. 58, no. 124, p. 35083.

(4) Subdivision D — OCCUPATIONAL HEALTH AND ENVIRONMENTAL CONTROLS.

(a) 29 CFR 1926.50 Medical services and first aid, published 6/18/98, FR vol. 63, no. 117, p. 33469.

(b) 29 CFR 1926.51 Sanitation, published 6/30/93, FR vol. 58, no. 124, p. 35084.

(c) 29 CFR 1926.52 Occupational noise exposure, published 4/6/79, FR vol. 44, p. 20940.

(d) 29 CFR 1926.53 Ionizing radiation, published 4/6/79, FR vol. 44, p. 20940.

(e) 29 CFR 1926.54 Nonionizing radiation, published 4/6/79, FR vol. 44, p. 20940.

(f) 29 CFR 1926.55 Gases, vapors, fumes, dusts, and mists, published 1/10/97, FR vol. 62, no. 7, p. 1619.

(g) 29 CFR 1926.56 Illumination, published 4/6/79, FR vol. 44, p. 20940.

(h) 29 CFR 1926.57 Ventilation, published 1/8/98, FR vol. 63, no. 5, p. 1295.

(i) 29 CFR 1926.58 Reserved, ¦1926.58, Asbestos, tremolite, anthophyllite and actinolite is redesignated as ¦1926.1101, Asbestos, and ¦1926.58 is reserved (8/10/94, FR vol. 59, no. 153, pp. 41131-62).

(j) 29 CFR 1926.59 Hazard Communication, published 6/20/96, FR vol. 61, p. 31427.

(k) 29 CFR 1926.60 Methylenedianiline (MDA), published 12/12/08, FR vol. 73, no. 240, pp. 75568-75589.

(l) 29 CFR 1926.61 Retention of DOT markings, placards and labels, published 6/20/96, FR vol. 61, p. 31427.

(m) 29 CFR 1926.62 Lead, published 12/12/08, FR vol. 73, no. 240, pp. 75568-75589.

NOTE: Cadmium has been redesignated as ¦1926.1127.

(n) 29 CFR 1926.65 Hazardous Waste Operations and Emergency Response

NOTE: Division 2/H, 1910.120, Hazardous Waste Operations and Emergency Response, applies to Construction.

(5) Subdivision E — PERSONAL PROTECTIVE AND LIFE SAVING EQUIPMENT.

(a) 29 CFR 1926.95 Criteria for personal protective equipment. REPEALED with Oregon OSHA Admin. Order 2-2013, filed 2/15/13, effective 4/1/13. In Oregon, OAR 437-003-0134 applies.

(b) 29 CFR 1926.97 Electrical protective equipment, published 4/11/14, FR vol. 79, no. 70, p. 20316.

(c) 29 CFR 1926.100 Head protection. REPEALED with Oregon OSHA Admin. Order 2-2013, filed 2/15/13, effective 4/1/13. In Oregon, OAR 437-003-0134 applies.

(d) 29 CFR 1926.101 Hearing protection. REPEALED with Oregon OSHA Admin. Order 2-2013, filed 2/15/13, effective 4/1/13. In Oregon, OAR 437-003-0134 applies.

(e) 29 CFR 1926.102 Eye and face protection. REPEALED with Oregon OSHA Admin. Order 2-2013, filed 2/15/13, effective 4/1/13. In Oregon, OAR 437-003-0134 applies.

(f) 29 CFR 1926.103 Respiratory protection, published 1/8/98, FR vol. 63, no. 5, p. 1297.

NOTE: 29 CFR 1926.104 Removed, 8/9/94, FR vol. 59, no. 152, p. 40729.

(g) 29 CFR 1926.105 Reserved, 8/9/94, FR vol. 59, no. 152, p. 40729.

(h) 29 CFR 1926.106 Working over or near water, published 4/6/79, FR vol. 44, p. 20940.

(i) 29 CFR 1926.107 Definitions applicable to this subpart, published 8/9/94, FR vol. 59, no. 152, p. 40729.

(6) Subdivision F — FIRE PROTECTION AND PREVENTION.

(a) 29 CFR 1926.150 Fire protection, published 4/6/79, FR vol. 44, p. 20940.

(b) 29 CFR 1926.151 Fire prevention, published 7/11/86, FR vol. 51, p. 25318.

(c) 29 CFR 1926.152 Flammable and combustible liquids, published 6/30/93, FR vol. 58, no. 124, p. 35162.

(d) 29 CFR 1926.153 Liquefied petroleum gas (LP-Gas), published 6/30/93, FR vol. 58, no. 124, p. 35170.

(e) 29 CFR 1926.154 Temporary heating devices, published 4/6/79, FR vol. 44, p. 20940.

(f) 29 CFR 1926.155 Definitions applicable to this subpart, published 4/6/79, FR vol. 44, p. 20940.

(7) Subdivision G — SIGNS, SIGNALS, AND BARRICADES.

(a) 29 CFR 1926.200 Accident prevention signs and tags, published 6/13/13, FR vol. 78, no. 114, p. 35559; 11/6/13, FR vol. 78, no. 215, p. 66641.

(b) 29 CFR 1926.201 Signaling, REPEALED with OR-OSHA Admin. Order 2-2003, f. 1/30/03, ef. 1/30/03.

(c) 29 CFR 1926.202 Barricades, REPEALED with OR-OSHA Admin. Order 2-2003, f. 1/30/03, ef. 1/30/03.

(d) 29 CFR 1926.203 Definitions applicable to this subpart, published 4/6/79, FR vol. 44, p. 20940; amended with OR-OSHA Admin. Order 2-2003, f. 1/30/03, ef. 1/30/03.

(8) Subdivision H – MATERIALS HANDLING, STORAGE, USE AND DISPOSAL

(a) 29 CFR 1926.250 General requirements for storage, published 6/30/93, FR vol. 58, no. 124, p. 35173.

(b) 29 CFR 1926.251 Rigging equipment for material handling, published 6/30/93, FR vol. 58, no. 124, p. 35173.

(c) 29 CFR 1926.252 Disposal of waste materials, published 4/6/79, FR vol. 44, p. 20940.

(9) Subdivision I — TOOLS — HAND AND POWER.

(a) 29 CFR 1926.300 General requirements, published 3/7/96, FR vol. 61, no. 46, p. 9250.

(b) 29 CFR 1926.301 Hand tools, published 4/6/79, FR vol. 44, p. 20940.

(c) 29 CFR 1926.302 Power operated hand tools, published 6/30/93, FR vol. 58, no. 124, p. 35175.

(d) 29 CFR 1926.303 Abrasive wheels and tools, published 6/30/93, FR vol. 58, no. 124, p. 35175.

(e) 29 CFR 1926.304 Woodworking tools, published 3/7/96, FR vol. 61, no. 46, p. 9251.

(f) 29 CFR 1926.305 Jacks - lever and ratchet, screw, and hydraulic, published Federal Register vol. 58, no. 124, p. 35176.

(10) Subdivision J — WELDING AND CUTTING.

(a) 29 CFR 1926.350 Gas welding and cutting. Repealed. Oregon OSHA Admin. Order 6-2014, f. 10/28/14, ef. 5/1/15. In Oregon, OAR 437-002-2253 applies.

(b) 29 CFR 1926.351 Arc welding and cutting, published 7/11/86, FR vol. 51, p. 25318.

(c) 29 CFR 1926.352 Fire prevention, published 4/6/79, FR vol. 44, p. 20940.

(d) 29 CFR 1926.353 Ventilation and protection in welding, cutting, and heating, published 6/30/93, FR vol. 58, no. 124, p. 35179.

(e) 29 CFR 1926.354 Welding, cutting, and heating in way of preservative coatings, published 4/6/79, FR vol. 44, p. 20940.

(11) Subdivision K — ELECTRICAL.

(a) 29 CFR 1926.400 Introduction, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(b) 29 CFR 1926.401 (Reserved)

(c) 29 CFR 1926.402 Applicability, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(d) 29 CFR 1926.403 General requirements, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(e) 29 CFR 1926.404 Wiring design and protection, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335; amended with AO 5-2002, repeal (b)(1), f. 6/28/02, ef. 10/1/03.

(f) 29 CFR 1926.405 Wiring methods, components, and equipment for general use, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(g) 29 CFR 1926.406 Specific purpose equipment and installations, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(h) 29 CFR 1926.407 Hazardous (classified) locations, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(i) 29 CFR 1926.408 Special systems, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(j) 29 CFR 1926.409 (Reserved).

(k) 29 CFR 1926.415 (Reserved).

(l) 29 CFR 1926.416 General requirements, published 8/12/96, FR vol. 61, no. 156, p. 41738.

(m) 29 CFR 1926.417 Lockout and tagging of circuits, published 8/12/96, FR vol. 61, no. 156, p. 41739.

(n) 29 CFR 1926.418 (Reserved).

(o) 29 CFR 1926.430 (Reserved).

(p) 29 CFR 1926.431 Maintenance of equipment, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(q) 29 CFR 1926.432 Environmental deterioration of equipment, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(r) 29 CFR 1926.433 - 29 CFR 1926.440 (Reserved).

(s) 29 CFR 1926.441 Battery locations and battery charging, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(t) 29 CFR 1926.442 - 29 CFR 1926.448 (Reserved).

(u) 29 CFR 1926.449 Definitions applicable to this subpart, published 7/11/86, FR vol. 51, no. 133, pp. 25294-25335.

(12) Subdivision L — SCAFFOLDING.

(a) 29 CFR 1926.450 Scope, application and definitions applicable to this subpart, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(b) 29 CFR 1926.451 General requirements, published 11/25/96, FR vol. 61, no. 228, p. 59831.

(c) 29 CFR 1926.452 Additional requirements applicable to specific types of scaffolds, published 8/30/96, FR vol. 61, no. 170, p. 46113.

(d) 29 CFR 1926.453 Aerial lifts, published 11/25/96, FR vol. 61, no. 228, p. 59832.

(e) 29 CFR 1926.454 Training, published 8/30/96, FR vol. 61, no. 170, p. 46117.

(f) Appendix A to Subpart L Scaffold Specifications, published 8/30/96, FR vol. 61, no. 170, p. 46117.

(g) Appendix B to Subpart L Criteria for determining the feasibility of providing safe access and fall protection for scaffold erectors and dismantlers (Reserved), published 8/30/96, FR vol. 61, no. 170, p. 46122.

(h) Appendix C to Subpart L List of National Consensus Standards, published 8/30/96, FR vol. 61, no. 170, p. 46122.

(i) Appendix D to Subpart L List of training topics for scaffold erectors and dismantlers, published 8/30/96, FR vol. 61, no. 170, p. 46122.

(j) Appendix E to Subpart L Drawing and illustrations, published 11/25/96, FR vol. 61, no. 228, p. 59832.

(13) Subdivision M — FALL PROTECTION.

(a) 29 CFR 1926.500 Scope, application, and definitions applicable to this subpart, published 4/11/14, FR vol. 79, no. 70, p. 20316; amended with AO 1-2016, f. 3/1/16, ef. 1/1/17.

(b) 29 CFR 1926.501 Duty to have fall protection. REPEALED with AO 1-2016, f. 3/1/16, ef. 1/1/17. In Oregon, 437-003-1501 applies.

(c) 29 CFR 1926.502 Fall protection systems criteria and practices, published 8/9/94, FR vol. 59, no. 152, p. 40733-40738; amended with AO 6-2002, f. and ef. 7/19/02.

(d) 29 CFR 1926.503 Training requirements. REPEALED with AO 6-2002, f. and ef. 7/19/02, in Oregon, 437-003-0503 applies.

(e) Appendix A to Subpart M Determining Roof Widths, published 8/9/94, FR vol. 59, no. 152, p. 40738-40742.

(f) Appendix B to Subpart M Guardrail Systems, published 8/9/94, FR vol. 59, no. 152, p. 40743.

(g) Appendix C to Subpart M Personal Fall Arrest Systems, published 8/9/94, FR vol. 59, no. 152, p. 40743-40746.

(h) Appendix D to Subpart M Positioning Device Systems, published 8/9/94, FR vol. 59, no. 152, p. 40746.

(14) Subdivision N — HELICOPTERS, HOISTS, ELEVATORS, AND CONVEYORS.

(a) 29 CFR 1926.550 (Reserved).

(b) 29 CFR 1926.551 Helicopters, published 4/6/79, FR vol. 44, p. 20940.

(c) 29 CFR 1926.552 Material hoists, personnel hoists, and elevators, published 4/6/79, FR vol. 44, p. 20940.

(d) 29 CFR 1926.553 Base-mounted drum hoist, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(e) 29 CFR 1926.554 Overhead hoists, published 4/6/79, FR vol. 44, p. 20940.

(f) 29 CFR 1926.555 Conveyors, published 4/6/79, FR vol. 44, p. 20940.

(15) Subdivision O — MOTOR VEHICLES, MECHANIZED EQUIPMENT, AND MARINE OPERATIONS.

(a) 29 CFR 1926.600 Equipment, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(b) 29 CFR 1926.601 Motor vehicles, REPEALED by OR-OSHA Admin. Order 6-2007, f. 9/26/07, ef. 9/26/07.

(c) 29 CFR 1926.602 Material handling equipment, published 12/1/98, FR vol. 63, no. 230, p. 66274; amended by AO 7-2003, f. 12/5/03, ef. 12/5/03.

(d) 29 CFR 1926.603 Pile driving equipment, published 4/6/79, FR vol. 44, p. 20940.

(e) 29 CFR 1926.604 Site clearing, published 7/22/77, FR vol. 42, p. 37674.

(f) 29 CFR 1926.605 Marine operations and equipment, published 4/6/79, FR vol. 44, p. 20940.

(g) 29 CFR 1926.606 Definitions applicable to this subpart, published 4/6/79, FR vol. 44, p. 20940.

(16) Subdivision P — EXCAVATIONS.

(a) 29 CFR 1926.650 Scope, application, and definitions applicable to this subdivision, published 10/31/89, FR vol. 54, no. 209, pp. 45959-45961.

(b) 29 CFR 1926.651 General requirements, published 8/9/94, FR vol. 59, no. 152, p. 40730.

(c) 29 CFR 1926.652 Requirements for protective systems, published 10/31/89, FR vol. 54, no. 209, pp. 45961-45962.

(d) Appendices A–F to Subdivision P, Excavations, published 10/31/89, FR vol. 54, no. 209, pp. 45962-45991.

(17) Subdivision Q — CONCRETE AND MASONRY CONSTRUCTION.

(a) 29 CFR 1926.700 Scope, application and definitions applicable to this subpart, published 10/18/90, FR vol. 55, no. 202, p. 42326.

(b) 29 CFR 1926.701 General requirements, published 8/9/94, FR vol. 59, no. 152, p. 40730.

(c) 29 CFR 1926.702 Requirements for equipment and tools, published 6/16/88, FR vol. 53, p. 22612.

(d) 29 CFR 1926.703 Requirements for cast-in-place concrete, published 6/16/88, FR vol. 53, p. 22612.

(e) 29 CFR 1926.704 Requirements for precast concrete, published 10/5/89, FR vol. 54, no. 192, p. 41088.

(f) 29 CFR 1926.705 Requirements for lift-slab construction operations, published 10/18/90, FR vol. 55, no. 202, p. 42326.

(g) Appendix A to 1926.705 Lift-slab operations, published 10/18/90, FR vol. 55, no. 202, p. 42326.

(h) 29 CFR 1926.706 Requirements for masonry construction, published 6/16/88, FR vol. 53, p. 22612; amended with OR-OSHA Admin. Order 1-2003, f. 1/30/03, ef. 4/30/03.

(18) Subdivision R — STEEL ERECTION.

(a) 29 CFR 1926.750 Scope, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(b) 29 CFR 1926.751 Definitions, published 7/17/01, FR vol. 66, no. 137, p. 37137; amended with AO 6-2002, f. and ef. 7/19/02; amended with AO 8-2003, f. 12/30/03, ef. 1/1/04.

(c) 29 CFR 1926.752 Site layout, site-specific erection plan and construction sequence, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(d) 29 CFR 1926.753 Hoisting and rigging, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(e) 29 CFR 1926.754 Structural steel assembly, published 4/3/06, FR vol. 71, no. 63, p. 16669.

(f) 29 CFR 1926.755 Column anchorage, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(g) 29 CFR 1926.756 Beams and columns, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(h) 29 CFR 1926.757 Open web steel joists, published 7/17/01, FR vol. 66, no. 137, p. 37137; amended with AO 8-2003, f. 12/30/03, ef. 1/1/04.

(i) 29 CFR 1926.758 Systems-engineered metal buildings, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(j) 29 CFR 1926.759 Falling object protection, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(k) 29 CFR 1926.760 Fall protection, published 7/17/01, FR vol. 66, no. 137, p. 37137; amended with AO 8-2003, f. 12/30/03, ef. 1/1/04.

(l) 29 CFR 1926.761 Training, published 12/12/08, FR vol. 73, no. 240, pp. 75568-75589.

(m) Appendix A to Subpart R Guidelines for establishing the components of a site-specific erection plan: Nonmandatory Guidelines for Complying with ¦1926.752(e), published 7/17/01, FR vol. 66, no. 137, p. 37137.

(n) Appendix B to Subpart R Reserved.

(o) Appendix C to Subpart R Illustrations of bridging terminus points: Nonmandatory Guidelines for Complying with ¦1926.757(a)(10) and ¦1926.757(c)(5), published 7/17/01, FR vol. 66, no. 137, p. 37137.

(p) Appendix D to Subpart R Illustration of the use of control lines to demarcate controlled decking zones (CDZs): Nonmandatory Guidelines for Complying with ¦1926.760(c)(3), REPEALED with AO 6-2002, f. and ef. 7/19/02; amended with AO 8-2003, f. 12/30/03, ef. 1/1/04.

(q) Appendix E to Subpart R Training: Nonmandatory Guidelines for Complying with ¦1926.761, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(r) Appendix F to Subpart R Perimeter columns: Nonmandatory Guidelines for Complying with ¦1926.756(e) to Protect the Unprotected Side or Edge of a Walking/Working Surface, published 7/17/01, FR vol. 66, no. 137, p. 37137.

(s) Appendix G to Subpart R Fall protection systems criteria and practices from ¦1926.502: Nonmandatory Guidelines for Complying with Complying with ¦1926.760(d), REPEALED with AO 6-2002, f. and ef. 7/19/02; amended with AO 8-2003, f. 12/30/03, ef. 1/1/04.

(t) Appendix H to Subpart R Double connections: Illustration of a clipped end connection and a staggered connection: Non-Mandatory Guidelines for Complying with Complying with ¦1926.756(c)(1), published 7/17/01, FR vol. 66, no. 137, p. 37137.

(19) Subdivision S — UNDERGROUND CONSTRUCTION, CAISSONS, COFFERDAMS, AND COMPRESSED AIR.

(a) 29 CFR 1926.800 Underground construction, published 4/23/13, FR vol. 78, no. 78, p. 23837.

(b) 29 CFR 1926.801 Caissons, published 4/6/79, FR vol. 44, p. 20940.

(c) 29 CFR 1926.802 Cofferdams, published 4/6/79, FR vol. 44, p. 20940.

(d) 29 CFR 1926.803 Compressed air, published 7/11/86, FR vol. 51, p. 25318.

(e) 29 CFR 1926.804 Definitions applicable to this subpart, published 4/6/79, FR vol. 44, p. 20940.

(f) Appendix A to Subpart S Decompression Tables, published 4/6/79, FR vol. 44, p. 20940.

(20) Subdivision T — DEMOLITION.

(a) 29 CFR 1926.850 Preparatory operations, published 4/6/79, FR vol. 44, p. 20940.

(b) 29 CFR 1926.851 Stairs, passageways, and ladders, published 4/6/79, FR vol. 44, p. 20940.

(c) 29 CFR 1926.852 Chutes, published 4/6/79, FR vol. 44, p. 20940.

(d) 29 CFR 1926.853 Removal of materials through floor openings, published 4/6/79, FR vol. 44, p. 20940.

(e) 29 CFR 1926.854 Removal of walls, masonry sections, and chimneys, published 4/6/79, FR vol. 44, p. 20940.

(f) 29 CFR 1926.855 Manual removal of floors, published 4/6/79, FR vol. 44, p. 20940.

(g) 29 CFR 1926.856 Removal of walls, floors, and materials with equipment, published 4/23/13, FR vol. 78, no. 78, p. 23837.

(h) 29 CFR 1926.857 Storage, published 4/6/79, FR vol. 44, p. 20940.

(i) 29 CFR 1926.858 Removal of steel construction, published 4/23/13, FR vol. 78, no. 78, p. 23837.

(j) 29 CFR 1926.859 Mechanical demolition, published 4/6/79, FR vol. 44, p. 20940.

(k) 29 CFR 1926.860 Selective demolition by explosives, published 4/6/79, FR vol. 44, p. 20940.

(21) Subdivision U — BLASTING AND USE OF EXPLOSIVES.

(a) 29 CFR 1926.900 General provisions, published 4/6/79, FR vol. 44, p. 20940.

(b) 29 CFR 1926.901 Blaster qualifications, published 4/6/79, FR vol. 44, p. 20940.

(c) 29 CFR 1926.902 Surface transportation of explosives, published 6/30/93, FR vol. 58, no. 124, p. 35311.

(d) 29 CFR 1926.903 Underground transportation of explosives, published 4/6/79, FR vol. 44, p. 20940.

(e) 29 CFR 1926.904 Storage of explosives and blasting agents, published 6/30/93, FR vol. 58, no. 124, p. 35311.

(f) 29 CFR 1926.905 Loading of explosives or blasting agents, published 6/30/93, FR vol. 58, no. 124, p. 35184.

(g) 29 CFR 1926.906 Initiation of explosive charges – electric blasting, published 6/18/98, FR vol. 63, no. 117, p. 33469.

(h) 29 CFR 1926.907 Use of safety fuse, published 4/6/79, FR vol. 44, p. 20940.

(i) 29 CFR 1926.908 Use of detonating cord, published 4/6/79, FR vol. 44, p. 20940.

(j) 29 CFR 1926.909 Firing the blast, published 4/6/79, FR vol. 44, p. 20940.

(k) 29 CFR 1926.910 Inspection after blasting, published 4/6/79, FR vol. 44, p. 20940.

(l) 29 CFR 1926.911 Misfires, published 4/6/79, FR vol. 44, p. 20940.

(m) 29 CFR 1926.912 Underwater blasting, published 4/6/79, FR vol. 44, p. 20940.

(n) 29 CFR 1926.913 Blasting in excavation work under compressed air, published 4/6/79, FR vol. 44, p. 20940.

(o) 29 CFR 1926.914 Definitions applicable to this subpart, published 6/30/93, FR vol. 58, no. 124, p. 35184, 35311.

(22) Subdivision V — POWER TRANSMISSION AND DISTRIBUTION.

29 CFR 1926.950 through 1926.960 are repealed with Oregon OSHA Admin. Order 3-2015, f. 10/9/15, ef. 1/1/16. In Oregon, Division 2/RR applies.

(23) Subdivision W — ROLLOVER PROTECTIVE STRUCTURES: OVERHEAD PROTECTION.

(a) 29 CFR 1926.1000 Rollover protective structures (ROPS) for material handling equipment, published 4/6/79, FR vol. 44, p. 20940.

(b) 29 CFR 1926.1001 Minimum performance criteria for rollover protective structure for designated scrapers, loaders, dozers, graders, and crawler tractors, published 4/6/79, FR vol. 44, p. 20940.

(c) 29 CFR 1926.1002 Protective frame (ROPS) test procedures and performance requirements for wheel-type agricultural and industrial tractors used in construction, published 7/20/06, FR vol. 71, no. 139, p. 41127.

(d) 29 CFR 1926.1003 Overhead protection for operators of agricultural and industrial tractors, published 2/28/06, FR vol. 71, no. 39, p. 9909.

(24) Subdivision X — STAIRWAYS AND LADDERS.

(a) 29 CFR 1926.1050 Scope, application and definitions applicable to this Subdivision, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(b) 29 CFR 1926.1051 General requirements, published 11/14/90, FR vol. 55, no. 220, p. 47688.

(c) 29 CFR 1926.1052 Stairways, published 8/23/91, FR vol. 56, no. 164, pp. 41793-41794.

(d) 29 CFR 1926.1053 Ladders, published 4/11/14, FR vol. 79, no. 70, p. 20316.

(e) 29 CFR 1926.1054 (Reserved).

(f) 29 CFR 1926.1055 (Reserved).

(g) 29 CFR 1926.1056 (Reserved).

(h) 29 CFR 1926.1057 (Reserved).

(i) 29 CFR 1926.1058 (Reserved).

(j) 29 CFR 1926.1059 (Reserved).

(k) 29 CFR 1926.1060 Training requirements, published 11/14/90, FR vol. 55, no. 220, p. 47691.

(25) Subdivision Z — TOXIC AND HAZARDOUS SUBSTANCES.

(a) 29 CFR 1926.1101 Asbestos, published 2/8/13, FR vol. 78, no. 27, p. 9311.

(b) 29 CFR 1926.1126 Chromium (VI), published 3/17/10, FR vol. 75, no. 51, pp. 12681-12686.

(c) 29 CFR 1926.1127 Cadmium, published 12/12/08, FR vol. 73, no. 240, pp. 75568-75589.

(d) 29 CFR 1926.1152 Methylene Chloride, published 12/18/97, FR vol. 62, no. 243, p. 66275.

(26) Subdivision AA — (Reserved).

(27) Subdivision BB — (Reserved).

(28) Subdivision CC — Cranes and Derricks in Construction.

(a) 29 CFR 1926.1400 Scope, published 4/11/14, FR vol. 79, no. 70, p. 20316.

(b) 29 CFR 1926.1401 Definitions, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(c) 29 CFR 1926.1402 Ground conditions, published 8/9/10, FR vol. 75, no. 152. Pp. 47906-48177.

(d) 29 CFR 1926.1403 Assembly/Disassembly — selection of manufacturer or employer procedures, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(e) 29 CFR 1926.1404 Assembly/Disassembly — general requirements (applies to all assembly and disassembly operations), published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(f) 29 CFR 1926.1405 Disassembly — additional requirements for dismantling of booms and jibs (applies to both the use of manufacturer procedures and employer procedures), published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(g) 29 CFR 1926.1406 Assembly/Disassembly — employer procedures — general requirements, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(h) 29 CFR 1926.1407 Power line safety (up to 350 kV) — assembly and disassembly, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(i) 29 CFR 1926.1408 Power line safety (up to 350 kV) — equipment operations, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(j) 29 CFR 1926.1409 Power line safety (over 35 kV), published 8/9/10, FR vol. 75, vol. 152, pp. 47906-48177.

(k) 29 CFR 1926.1410 Power line safety (all voltages) — equipment operations closer than the Table A zone, published 4/11/14, FR vol. 79, no. 70, p. 20316.

(l) 29 CFR 1926.1411 Power line safety — while traveling, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(m) 29 CFR 1926.1412 Inspections, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(n) 29 CFR 1926.1413 Wire rope — inspection, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(o) 29 CFR 1926.1414 Wire rope — selection and installation criteria, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(p) 29 CFR 1926.1415 Safety devices, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(q) 29 CFR 1926.1416 Operational aids, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(r) 29 CFR 1926.1417 Operation, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(s) 29 CFR 1926.1418 Authority to stop operation, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(t) 29 CFR 1926.1419 Signals — general requirements, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(u) 29 CFR 1926.1420 Signals — radio, telephone or other electronic transmission of signals, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(v) 29 CFR 1926.1421 Signals — voice signals — additional requirements, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(w) 29 CFR 1926.1422 Signals — hand signal chart, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(x) 29 CFR 1926.1423 Fall protection, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(y) 29 CFR 1926.1424 Work area control, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(z) 29 CFR 1926.1425 Keeping clear of the load, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(aa) 29 CFR 1926.1426 Free fall and controlled load lowering, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(bb) 29 CFR 1926.1427 Operator qualification and certification, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(cc) 29 CFR 1926.1428 Signal person qualifications, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(dd) 29 CFR 1926.1429 Qualifications of maintenance & repair employees, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(ee) 29 CFR 1926.1430 Training, published 8/9/10, FR vol. 75, no. 152, pp.47906-48177.

(ff) 29 CFR 1926.1431 Hoisting personnel, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(gg) 29 CFR 1926.1432 Multiple-crane/derrick lifts — supplemental requirements, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(hh) 29 CFR 1926.1433 Design, construction and testing, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(ii) 29 CFR 1926.1434 Equipment modifications, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(jj) 29 CFR 1926.1435 Tower cranes, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(kk) 29 CFR 1926.1436 Derricks, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(ll) 29 CFR 1926.1437 Floating cranes/derricks and land cranes/derricks on barges, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(mm) 29 CFR 1926.1438 Overhead & gantry cranes, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(nn) 29 CFR 1926.1439 Dedicated pile drivers, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(oo) 29 CFR 1926.1440 Sideboom cranes, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(pp) 29 CFR 1926.1441 Equipment with a rated hoisting/lifting capacity of 2,000 pounds of less, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(qq) 29 CFR 1926.1442 Severability, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(rr) Appendix A to Subdivision CC of 1926 — Standard Hand Signals, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(ss) Appendix B to Subdivision CC of 1926 — Assembly/Disassembly – Sample Procedures for Minimizing the Risk of Unintended Dangerous Boom Movement, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

(tt) Appendix C to Subdivision CC of 1926 — Operator Certification — Written Examination — Technical Knowledge Criteria, published 8/9/10, FR vol. 75, no. 152, pp. 47906-48177.

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 5-1989(Temp), f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89; APD 14-1989(Temp), f. 7-20-89, ef. 8-1-89; APD 15-1989, f. & ef. 9-13-89; OSHA 3-1990(Temp), f. & cert. ef. 1-19-90; OSHA 7-1990, f. & cert. ef. 3-2-90; OSHA 8-1990, f. & cert. ef. 3-30-90; OSHA 13-1990(Temp), f. 6-28-90, ef. 8-1-90; OSHA 19-1990, f. & cert. ef. 8-31-90; OSHA 27-1990, f. 12-12-90, cert. ef. 2-1-91; OSHA 6-1991, f. 3-18-91, cert. ef. 4-15-91; OSHA 7-1991, f. & cert. ef. 4-25-91; OSHA 15-1991, f. & cert. ef. 12-13-91; OSHA 16-1991, f. 12-16-91, cert. ef. 1-1-92; OSHA 6-1992, f. & cert. ef. 5-18-92; OSHA 11-1992, f. & cert. ef. 10-9-92; OSHA 1-1993, f. & cert. ef. 1-22-93; OSHA 16-1993, f. & cert. ef. 11-1-93; OSHA 4-1994, f. & cert. ef. 8-4-94; OSHA 1-1995, f. & cert. ef. 1-19-95; OSHA 3-1995, f. & cert. ef. 2-22-95; OSHA 4-1995, f. & cert. ef. 3-29-95; OSHA 5-1995, f. & cert. ef. 4-6-95; OSHA 6-1995, f. & cert. ef. 4-18-95; OSHA 8-1995, f. & cert. ef. 8-25-95; OSHA 5-1996, f. & cert. ef. 11-29-96; OSHA 6-1996, f. & cert. ef. 11-29-96; OSHA 2-1997, f. & cert. ef. 3-12-97; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 6-1997, f. & cert. ef. 5-2-97; OSHA 7-1997, f. & cert. ef. 9-15-97; OSHA 3-1998, f. & cert. ef. 7-7-98; OSHA 6-1998, f. & cert. ef. 10-15-98; OSHA 7-1998, f. & cert. ef. 12-18-98; OSHA 2-1999, f. & cert. ef. 4-30-99; OSHA 6-1999, f. & cert. ef. 5-26-99; OSHA 3-2000, f. & cert. ef. 2-8-00; OSHA 3-2001, f. & cert. ef. 2-5-01; OSHA 3-2002, f. 4-15-02, cert. ef. 4-18-02; OSHA 5-2002, f. 6-28-02 cert. ef. 10-1-03; OSHA 6-2002, f. & cert. ef. 7-19-02; OSHA 1-2003, f. 1-30-03 cert. ef. 4-30-03; OSHA 2-2003, f. & cert. ef. 1-30-03; OSHA 7-2003, f. & cert. ef. 12-5-03; OSHA 8-2003, f. 12-30-03 cert. ef. 1-1-04; OSHA 1-2005, f. & cert. ef. 4-12-05; OSHA 2-2006, f. & cert. ef. 4-28-06; OSHA 4-2006, f. & cert. ef. 7-24-06; OSHA 5-2006, f. 8-7-06, cert. ef. 1-1-07; OSHA 6-2006, f. & cert. ef. 8-30-06; OSHA 10-2006, f. & cert. ef. 11-30-06; OSHA 6-2007, f. & cert. ef. 9-26-07; OSHA 5-2008, f. 5-1-08, cert. ef. 5-15-08; OSHA 5-2009, f. & cert. ef. 5-29-09; OSHA 3-2010, f. 6-10-10, cert. ef. 6-15-10; OSHA 1-2011, f. & cert. ef. 2-9-11; OSHA 4-2011, f. & cert. ef. 12-8-11; OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12; OSHA 1-2012, f. & cert. ef. 4-10-12; OSHA 3-2012, f. & cert. e.f 8-20-12; OSHA 5-2012, f. & cert. ef. 9-25-12; OSHA 6-2012, f. 9-28-12, cert. ef. 4-1-13; OSHA 7-2012, f. & cert. ef. 12-14-12; OSHA 1-2013, f. & cert. ef. 2-14-13; OSHA 2-2013, f. 2-15-13, cert. ef. 4-1-13; OSHA 4-2013, f. & cert. ef. 7-19-13; OSHA 5-2013, f. & cert. ef. 9-13-13; OSHA 6-2013, f. & cert. ef. 10-9-13; OSHA 7-2013, f. & cert. ef. 12-12-13; OSHA 6-2014, f. 10-28-14, cert. ef. 5-1-15, OSHA 3-2015, f. 10-9-15, cert. ef. 1-1-16; OSHA 1-2016, f. 3-1-16, cert. ef. 1-1-17

437-003-0003

Purpose

The purpose of these rules is to prescribe minimum safety requirements for employees engaged in construction work, including demolition, blasting and use of explosives, and power transmission distribution and maintenance work.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: APD 5-1989, f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89

437-003-0005

Additional Applicability

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

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: APD 5-1989, f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89

437-003-0006

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 Accident Prevention Division, Department of Insurance and Finance.

(3) "Assistant Secretary" means the Administrator of the Accident Prevention Division or designated representative.

(4) "Assistant Secretary of Labor for Occupational Safety and Health" means the Administrator of the Accident Prevention Division or designated representative.

(5) "Office of the Solicitor of Labor" means Legal Counsel for the Accident Prevention Division.

(6) "Occupational Safety and Health Administration" or "OSHA" means the Accident Prevention Division, Department of Insurance and Finance.

(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 terms "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 Oregon Revised Statutes (ORS) Chapter 183.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: APD 8-1989, f. & ef. 7-7-89

437-003-0007

Additional Rules of Practice for Administrative Adjudications

In addition to and not in lieu of administrative and legal actions outlined in 29 CFR 1926.4, the State of Oregon will use the provisions of ORS Chapter 183 and 654, and OAR Chapter 437, Division 1, to administer this code.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: APD 5-1989, f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89

437-003-0011

Additional Definitions

The following definitions are in addition to those found in 29 CFR 1926.32:

(1) "Department" The Department of Insurance and Finance.

(2) "Employee" Any individual, including a minor whether lawfully or unlawfully employed, who engages to furnish his services for a remuneration, financial or otherwise, subject to the direction and control of an employer, and includes salaried, elected and appointed officials of the state, state agencies, counties, cities, school districts and other public corporations, or any individual who is provided with workers' compensation coverage as a subject worker pursuant to ORS Chapter 656, whether by operation of law or by election.

(3) "Employer" Any person who has one or more employees, or any sole proprietor or member of a partnership who elects workers' compensation coverage as a subject worker pursuant to ORS 656.128.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: APD 5-1989, f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89

Sanitation

437-003-0015

Drinking Water

(1) Potable water means water meeting the bacteriological and chemical quality requirements prescribed in the OAR chapter 333, division 61, Public Water Systems, of the Oregon State Health Division.

(2) In addition to and not in lieu of any provisions in 1926.51(a), drinking water containers shall be constructed of materials that maintain water quality, shall be refilled daily or more often as necessary, shall be kept covered, and shall be regularly cleaned.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: APD 5-1989, f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89; OSHA 4-2011, f. & cert. ef. 12-8-11

437-003-0017

Additional Definitions to Concrete and Masonry Construction

(1) Deadman is a large weight of sufficient mass used to anchor the base of a brace to a masonry wall.

(2) Grout lift is an increment of grout height within the total grout pour.

(3) Grout pour is the total height of a masonry wall to be grouted prior to the erection of additional masonry. A grout pour can consist of one or more grout lifts.

(4) High wind area is where construction activity continues when winds are expected to exceed 35 mph on a regular basis.

(5) Protected area is a location at a jobsite that is not exposed to winds, such as basements and interior areas.

(6) Running bond (half bond) is a bond pattern in which block are placed half way over units directly below creating a staggered look.

(7) Safe location is an area at a jobsite that employees can take refuge in order to avoid hazardous conditions.

(8) Stack bond is a bond pattern in which blocks are stacked directly over each other (not lapped longitudinally) creating continuous joints both vertically and horizontally.

(9) Straight coil loop insert is a wall insert that loops around the structural rebar and is suitable for the attachment of braces in a structural masonry wall. Minimum size of a coil loop insert is 3/4 inch.

(10) Structural rebar is rebar that extends full length or height and can be spliced per required lap.

Stat. Auth.: ORS 654.025(2) & 656.726(4).
Stats. Implemented: ORS 654.001 - 654.295.
Hist.: OSHA 1-2003, f. 1-30-03 cert. ef. 4-30-03

437-003-0020

Toilets

In addition to and not in lieu of any provisions in 26 CFR 1926.51(c):

(1) At the site of every project with an estimated cost of $500,000 or more, the employer or owner of such place of employment shall provide flush toilet facilities in accordance with Subsection (2) of 29 CFR 1926.51(c) and washing facilities which include wash basins, warm water and soap.

NOTE: Section (1) of this rule does not apply to highway construction or maintenance projects or to electricity, water, sewer or gas transmission facility construction or maintenance projects. The director may, by order, exempt or partially exempt, individual or classes of construction projects from the requirements of section (1) of this rule when conditions are such that compliance is impractical or impossible.

(2) Where toilet facilities will not be used by women, urinals may be provided instead of toilets, except that the number of toilets in such cases shall not be reduced to less than 2-3 of the minimum specified.

(3) Toilets and toilet area shall be maintained in good repair and in a clean and sanitary condition.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: APD 5-1989, f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89; OSHA 1-1994, f. & cert. ef. 4-27-96

Occupational Noise Exposure

Note: §1926.52 was not adopted by the Department. In Oregon, 437-03-027 applies:

437-003-0027

Applicable Rules

Whenever any employee is exposed to noise in the workplace, the requirements of OAR Chapter 437, Division 2/G, 1910.95, Occupational Noise Exposure shall apply.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: APD 8-1989, f. & ef. 7-7-89; OSHA 6-1994, f. & cert. ef. 9-30-94

Asbestos, Tremolite, Anthophyllite and Actinolite
Hazard Communication

NOTE: §1926.55 was not adopted by the Department. In Oregon, OAR 437-002-0382 applies.

Respiratory Protection

NOTE: §1926.103(a)(2) was not adopted by the Department. In Oregon, OAR 437-003-0037 applies.

437-003-0037

Acceptable Equipment

Respiratory protective devices shall be approved by the National Institute for the Occupational Safety and Health (NIOSH), or acceptable to the Department of Insurance and Finance, for the specific contaminants to which the employee is exposed.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: APD 8-1989, f. & ef. 7-7-89

Personal Protective Equipment

NOTES:

-1- §1926.451(u)(3) was not adopted by the Department. In Oregon, OAR 437-003-0040, applies. See §1926.104 for Oregon-Initiated Rule OAR 437-003-0040, Fall Protection.

-2- Oregon Exception 1: On sloped roofs with a roof slope between 3:12 to and including 6:12, and having a ground-to-eave height not to exceed twenty-five (25) feet, 2 x 6 roofing brackets, with full bearing on a solid surface, may be used for fall protection when performing roofing and sheathing work on residential type structures.

-3- Oregon Exception 2: On residential type structures with a roof slope greater than 6:12 to and including 8:12, and having a ground-to-eave height not to exceed twenty-five (25) feet, roofing brackets may be used when brackets are used in multiples and spaced every eight (8) feet vertically. All brackets shall bear on a solid surface.

-4- Oregon Exception 3: When performing residential type construction work such as leading edge work, top plate work, constructing and setting walls and trusses or doing roofing and sheathing work, the fall distance to a lower level may be increased from 6 feet to 10 feet.

437-003-0045

Additional Definitions

The following definitions are in addition to those found in 1926.751:

(1) Certification required by this section means "in writing."

NOTE: In Oregon, a competent person is considered to be someone with equivalent skills as a qualified person in identifying existing and potential hazards in the workplace, while also being authorized by the employer or employer's representative to take immediate corrective action to control or eliminate hazards.

(2) Dangerous equipment -- Equipment such as pickling or galvanizing tanks, degreasing units, machinery, electrical equipment, and other units which, as a result of form or function, may be hazardous to employees who fall onto or into such equipment.

(3) Lower levels -- Those areas or surfaces to which an employee can fall. Such areas or surfaces include, but are not limited to, ground levels, floors, platforms, ramps, runways, excavations, pits, tanks, material, water, equipment, structures.

NOTE: Oregon OSHA did not adopt the federal OSHA definition of "Opening". In Oregon, OAR 437-003-0045(4) applies.

(4) Opening means a gap or void 12 inches (30.5 cm) or more in any dimension in a floor, roof or other walking/working surface. For the purposes of this subpart, skylight and smoke domes that do not meet the strength requirements of 1926.754(e)(3) shall be regarded as openings.

(5) Walking/working surface means any surface, whether horizontal or vertical on which an employee walks or works, including, but not limited to, floors, roofs, ramps, bridges, runways, formwork, beams, columns, trusses and concrete reinforcing steel but not ladders, vehicles, or trailers, on which employees must be located in order to perform their job duties.

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

Stat. Auth.: ORS 654.025(2) & ORS 656.726(4)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: APD 5-1989, f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89; OSHA 3-2002, f. 4-15-02, cert. ef. 4-18-02 10-1-03; OSHA 6-2002, f. & cert. ef. 7-19-02

Electrical -- Safety-Related Work Practices

437-003-0047

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:

(A) The proposed date to start activity within restricted space;

(B) The location of the planned activity;

(C) A description of the planned activity; and

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

(b) 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

(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.: APD 5-1989, f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89; OSHA 2-2007, f. 6-8-07, cert. ef. 6-15-07

437-003-0062

Lead Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 3/D, 1926.62 Lead, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical suveillance requirements specified in these Lead rules.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

Ladders

437-003-0065

Extension Ladders

Extension ladders shall be equipped with necessary guide irons, locks, and hooks and shall be assembled so that the sliding (upper) section shall be on top of the base (lower) section.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: APD 5-1989, f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89

Scaffolds

437-003-0071

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 operating and maintenance instructions and recommendations of the manufacturer.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: OSHA 2-1997, f. & cert. ef. 3-12-97

437-003-0073

Boom Supported Elevating Work Platforms

(1) When using boom supported elevating work platforms as covered by ANSI/SIA A92.5-1992, the manufacturer's operating manual must be with the equipment. You must follow all operating and maintenance instructions and recommendations of the manufacturer.

(2) Workers must use personal fall protection that complies with Subdivision M of this division, when working in these devices.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: OSHA 2-1997, f. & cert. ef. 3-12-97

437-003-0074

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 operating and maintenance instructions and recommendations of the manufacturer.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: OSHA 2-1997, f. & cert. ef. 3-12-97

Cranes and Derricks

437-003-0080

Wind Velocity Device

(1) The employer shall provide a wind velocity device which will give a visible or audible alarm to the crane operator at a predetermined wind velocity; and

(2) The employer shall ensure that:

(a) The wind velocity device is compatible with the manufacturer's crane specifications; and

(b) The crane operators are fully instructed regarding the maximum permissible wind speeds during operation; and

(c) The load chart contains the wind velocity operating limits.

Stat. Auth.: ORS 643.014(1) & ORS 646.716(2)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: OSHA 16-1991, f. 12-18-91, cert. ef. 1-1-92; OSHA 6-1994, f. & cert. ef. 9-30-94

Cranes, Derricks, Hoists, Elevators, and Conveyors

437-003-0081

Crane Operator Training Requirements

(1) The employer shall establish written procedures for the safe operation of all cranes used in construction.

(2) The employer shall see that employees who operate cranes are properly trained, have sufficient practical experience, and follow operating procedures for the safe operation of the crane.

(3) The level of training and experience received by the employee as meeting OAR 437-003-0081(2) shall be recorded in writing.

(4) The employer shall maintain all written records of the crane operator's safety training and experience as set forth in OAR 437-003-0081, and shall make such records available for review by the Oregon Occupational Safety and Health Division (OR-OSHA) upon request.

(5) In addition to the basic training and experience required by OAR 437-003-0081(2), all employees engaged in construction work who operate cranes of 5 ton capacity or greater shall have additional training and experience as set forth in Appendices OR-A through OR-E of this Subdivision, and shall possess a valid crane operator's safety training card issued by a training provider or employer.

(a) OAR 437-003-0081(5) does not apply to hoists, wreckers, line trucks, cranes used by railroads on railroad right-of-ways, or to cranes while used for handling logs.

NOTE:The term "line truck" means a truck used to transport workers, tools, and material, and is sometimes equipped with a boom and auxiliary equipment for setting poles, digging holes, and elevating material or personnel.

(b) An employee with prior training and experience having a minimum of 1500 hours of prior crane experience on a specific type or type(s) of crane shall be deemed to have met the requirements of OAR 437-003-0081(5) if that person has written records of such training and experience.

(c) Upon receipt and verification of such written records of experience, the employer may issue a crane operator's card to the employee.

(d) After January 1, 1992, all operators of cranes of 5 ton or greater capacity that are used in construction shall comply with OAR 437-003-0081(5) by successfully completing a training course which meets the provisions of OAR 437-003-0081(2) and Appendices OR-A through OR-E of this Subdivision.

(e) A crane operator's safety training card, as required by OAR 437-003-0081(5), need not be in any particular form, but at a minimum shall specify the type or types and size of cranes the operator is trained to operate, a picture of the operator, the original issue date, expiration date, name, signature of the operator, and the name and signature of the training provider or employer.

(f) All cards issued after January 1, 1992, shall be laminated in clear plastic to prevent tampering. All cards issued prior to January 1, 1992, shall be laminated in plastic and shall have the operator's picture on the card by April 1, 1992.

(g) The crane operator's safety training card required by OAR 437-003-0081(5) shall be renewed and signed every three years by a training institution or employer upon:

(A) Verification that the employee has read the current OR-OSHA rules on cranes contained in Division 3, Construction, Subdivision N, Cranes, Derricks, Hoists, Elevators and Conveyors; and

(B) Completion of crane operator safety training refresher training consisting of 4 hours at a minimum.

(6) Persons who are in training either through a recognized apprenticeship program, or any other properly supervised program may operate a crane under visual supervision of a crane operator who possesses a current operator's safety training card for that type of crane.

(7) Any person from another state wishing to operate a crane of 5 ton capacity or greater for the purpose of construction work may be issued an operator's safety training card by the employer or training provider upon:

(a) Verification of a minimum of 1500 hours experience on a specific type or types of cranes being operated and is being trained in Oregon for the purpose of operating this type of crane. This temporary operator's safety training card shall be valid for 30 days from the date of issue; or

(b) Presenting a valid crane operator's safety training card issued in a state which has crane operator's safety training standards equal to or greater than those listed in Appendices OR-A through OR-E of this Subdivision.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(4)
Stats. Implemented: ORS 654.001 – ORS 654.295
Hist.: OSHA 16-1991, f. 12-16-91, cert. ef. 1-1-92; OSHA 6-1994, f. & cert. ef. 9-30-94; OSHA 3-2002, f. 4-15-02, cert. ef. 4-18-02

APPENDIX OR-A

Classroom Training: Minimum Training Required for Operating Cranes of 5 Ton Capacity or Greater, Basic and Specialty Basic Core Training Curriculum

Unit of Study Instruction

SAFETY -- Overview of causes of crane accidents and training in managing the work environment safely.

OR-OSHA CRANE RULES -- Familiarity with OR-OSHA'S Division 3, Construction, Subdivision N, Cranes, Derricks, Hoists, Elevators, and Conveyors.

CRANES AND COMPONENTS -- Types of cranes, names of crane components, selection of cranes for job.

DEFINITIONS OF TERMS -- Center of gravity, radius, gross and net load, static load and dynamic load(s), effective weights, ultimate strength and rated strength, safety factors, stowed and stored, tipping axis, jib angle to ground.

TECHNICAL DATA -- Leverage: when using the crane in general, the hook, block and the boom hoist. Changes in leverage, rate of tipping, forward stability, backward stability, crane failures, gantries, live and high masts, counterweights, effect of boom angle, effects of jib angle, jib as a boom extension, effect of load on booms, production lifts, rope safety factors.

QUADRANTS OF OPERATION DEFINITIONS -- Over the rear, over the side, 360 degree rotation.

WEIGHT OF THE LIFT -- Sources of weight data, calculating weights, principles examples, lifting in water, tests lifts, check lifts.

CONDITIONS & CAPACITIES -- Summary of conditions affecting crane capacities: off-level, wind, eccentric reeving, swingout, sideloading, impact loading, outrigger position, ground conditions, counterweights, gantries and high masts, equipment condition, swing bearing wear, tire condition and inflation, boom pad wear, outrigger and pad condition, bent chords and lacings.

MULTIPLE CRANE LIFTS -- Types of equalizer beams, pivot points in lines, pivot points not in-line, load as an equalizer beam, necessary calculations.

CALCULATIONS -- Crane capacities: results of over loading, division of load charts, gross and net capacity, gross and net load, radius between values, boom length between values, boom angle between values, parts of line; calculating capacities: on the boom, on the pinned section, on the extension, on the jib.

PREPARING FOR A LIFT -- Boom assembly and disassembly, reasons to repair/scrap boom sections, Wire rope installation, reeving, wedge sockets, telescoping booms, setting-up, measuring radius, radius over boom angle, outrigger set-up, block outriggers, leveling methods.

CONDITIONS DURING LIFTS -- Swingout, slack rope on drums, pick and carry, lifting on tires, protection of personnel around high voltage and results of making contact, working in the vicinity, effects of electrical current, hitting booms, boom over back, causes of two-blocking, shift of center of gravity, cold weather operation, tipping over backwards.

LEAVING CRANES UNATTENDED -- Short periods, extended periods.

RESPONSIBILITIES -- Management and operator responsibilities.

MISCELLANEOUS -- Signals, composition of wire rope, rope strengths, tables of rates and capacities, determine sling loadings, using blocks and tackle.

CRANE CHECKLIST -- Operator's daily checklist.

ERECTION, DISMANTLING, TRANSPORT -- Erection checklist, bolting procedures, bolting.

INSPECTION & TESTING -- Frequency of inspections, testing maintenance, and storage of crane components.

NOTE: Complete program includes at least one crane specific class in addition to basic core.

APPENDIX OR-B

Training (Crane Specific): Minimum Training Required
for Operating Cranes of 5 Ton Capacity or
Greater, Hydraulic Cranes

Unit of Study Instruction

INTRODUCTION -- Hydraulic cranes: 5 ton to 50 ton.

ACCIDENTS/SAFETY -- Overview of crane accidents and safety awareness.

CRANE NOMENCLATURE -- Type of cranes, industrial hydraulic crane (carry deck), commercial mounted boom truck, hydraulic rough terrain crane (exploded view), characteristics, name of components, transporting, erecting & dismantling, hydraulic crane operator checklist (daily inspection).

MACHINE CONDITION -- Configuration, repairs/modifications, swing assembly, cab/controls, fluid levels, boom/load hoist, boom/jib extensions, wire rope/load blocks, safety devices, annual inspection.

SAFE OPERATING PRACTICES -- Quadrants of operation: over the front, over the rear, over the side, over the outriggers; mobile and rubber-tired cranes; weight of the lift; load charts; calculating capacities.

CONDITIONS & CAPACITIES -- Land based, barge mounted.

APPENDIX OR-C

Training : Minimum Training Required for Operating
Cranes of 5 Ton Capacity or Greater, Tower and
Whirley Cranes

Unit of Study Instruction

ACCIDENTS/SAFETY -- Overview of crane accidents and safety awareness.

CRANE NOMENCLATURE -- Type of cranes, characteristics, name of components.

Tower & Whirley Operator Checklist

MACHINE CONDITION -- Configuration, repairs/modifications, swing assembly, cab/controls, fluid levels, boom/load hoist, boom/jib extensions, wire rope/load blocks, safety devices.

Tower Crane Climbing

SAFE OPERATING PRACTICES -- Quadrants of operation, weight of the lift, load charts, calculating capacities.

APPENDIX OR-D

Training : Minimum Training Required for Operating Cranes of 5 Ton Capacity or Greater, Conventional Cranes

Unit of Study Instruction

ACCIDENTS/SAFETY -- Overview of crane accidents and safety awareness.

CRANE NOMENCLATURE -- Type of cranes, truck cranes, crawler, characteristics, name of components, transporting, erecting and dismantling, conventional crane operator checklist (daily inspection).

MACHINE CONDITION -- Configuration, repairs/modifications, swing assembly, cab/controls, fluid levels, boom/load hoist, boom/jib extensions, wire rope/load blocks, safety devices, annual inspection

SAFE OPERATING PRACTICES -- Quadrants of operation for mobile and rubber-tired cranes: over the rear, over the side, over the outriggers, over the front. Quadrants of operation for crawler cranes: over the side, ends, 360 degree rotation; weight of the lift; load charts; calculating capacities.

CONDITIONS & CAPACITIES -- Land base, barge mounted.

APPENDIX OR-E

Practical Experience :
Minimum Training Required for Operating Cranes of
5 Ton Capacity or Greater

This Area is Meant to Have an Operator Demonstrate a Minimum Acceptable Levelof Competency in the Listed Areas
as Appropriate to the Specific Type of Crane Being Operated

1. Method and sequence of checks to be conducted on cranes prior to operation.

2. Procedures for assembling and dismantling cranes and their transportation.

3. Crane Set-Up

(a) Site preparation

(b) Counterweights

(c) Outriggers

(d) Rigging methods and materials

4. Crane Operation

(a) Safe operating procedures

(b) Principles of leverage and power transmission

(c) Purpose and use of load charts and boom angles

(d) Picking loads

(e) Adjacent hazard

5. Frequency, sequence and methods of inspections

6. Maintenance

7. Effect of overloading, instability, and structural or functional failure

8. Procedures for Tower Crane climbing (as applicable)

9. Familiarity with OR-OSHA Crane rules and Manufacturer's Operating Manuals.

APPENDIX OR-F

Curriculum for Crane Safety Refresher Training

Unit of Study Instruction

OR-OSHA REQUIREMENTS -- Division 3, Subdivision N.

RESPONSIBILITIES -- Site supervisor's responsibilities. Crane owner's responsibilities. Operator's responsibilities.

CENTER OF GRAVITY -- Crane center of gravity. Load center of gravity. Combined center of gravity. Effect of boom position on combined center of gravity.

RADIUS -- Changes in load, boom angle and rotation point.

LOAD -- Load on lattice boom cranes. Load on hydraulic cranes. Load on hydraulic crane boom extensions. Load on the jib of lattice and hydraulic boom cranes. Gross capacity vs. net capacity. Static and dynamic loads.

TIPPING AXIS -- Rough terrain cranes: Tipping axis. Crawler mounted cranes: Tipping axis.

CALCULATIONS -- Overloads and tipping. Division of load charts. Main boom capacity -- lattice booms. Values of boom angle, boom length and load radius between chart listings. Parts of line. Crane capacities. Range diagrams.

ACCIDENT PREVENTION -- Common causes of tower whirley accidents. Rigging the load. Handling the load. Electrical hazards. Review/analysis of known incidents/accidents.

Equipment

437-003-0085

General Requirement

An unimpaired horizontal clearance or not less than three feet shall be maintained between the rotating superstructure of any mechanical equipment and any adjacent object or surface. If this clearance cannot be maintained, barricades shall be installed to isolate the hazardous area.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: APD 5-1989, f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89

437-003-0090

Pinchpoints

To protect against workers being exposed to the hazardous pinchpoint area between the rotating superstructure and the non-rotating undercarriage of any mechanical equipment:

(1) Signs shall be conspicuously posted on all sides of any mechanical equipment warning workers:

Danger — Stay Clear

(2) Items of personal property, tools, or other miscellaneous materials shall not be stored on or near any mechanical equipment if retrieval of such items would expose a worker to the hazardous pinchpoint.

(3) Workers shall approach the hazardous pinchpoint area only after informing the operator of his intent and receiving acknowledgement from the operator that the operator understands his intention. All mechanical equipment shall be stopped while any worker is in the hazardous pinchpoint area; and

(4) When the nature of the work requires a person to work within three feet of the swing radius of the rotating upper structure, a warning barricade shall be provided. This requirement shall not apply to mechanical equipment when:

(a) The distance from the highest point of the undercarriage to the lowest point of the rotating superstructure is greater than 18 inches. This applies only to that portion of the rotating superstructure that swings directly over the undercarriage;

(b) The distance from the ground to the lowest point of the rotating superstructure is greater than five feet six inches. This applies only to that portion of the rotating superstructure that swings directly over the undercarriage; or

(c) On crawler-type track-mounted mechanical equipment only, the rotating superstructure is positioned at a right angle to the tracks, and the distance from the side of the cab to the extreme end of the track is four feet or less. This exemption shall apply to side barricades only; barricades between the tracks at both ends of any crawler-type mechanical equipment are required regardless of the right angle dimension.

Stat. Auth: ORS 654.025(2) & 656.726(3)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: APD 5-1989, f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89

NOTE: §1910.501(a) was NOT adopted by OR-OSHA. In Oregon, OAR 437-002-0093 applies:

437-003-0093

Exemption

The requirements of §1926 .601, Motor Vehicles, do NOT apply to equipment for which rules are prescribed in §1926.602, Material Handling Equipment.

Stat. Auth: ORS 654.025(2) & 656.726(3)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 6-1991, f. 3-18-91, cert. ef. 4-15-91

437-003-0094

Personnel Platforms

Whenever a lift truck is used for lifting personnel without controls at the platform, the following precautions shall be taken for the protection of personnel being elevated:

(1) A work platform equipped with standard guardrails or equivalent means, and firmly secured to the lifting carriage or forks, shall be used.

(2) The hydraulic system shall be so designed that the lift mechanism will not drop faster than 135 feet per minute in the event of a failure in any part of the system.

(3) An operator shall attend the lift equipment while workers are on the platform.

(4) The operator shall be in the normal operating position while raising or lowering the platform.

(5) The vehicle shall not travel from point to point with the work platform elevated at a height greater than 4 feet while workers are on the platform. When necessary at heights greater than 4 feet, inching may be permitted provided it is done at a very slow speed.

(6) If workers on the platform can contact the lift chains or other dangerous pinch or shear points on the mast or carriage, the platform must have a screen or guard that prevents contact.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: OSHA 6-1999, f. & cert. ef. 5-26-99

Specific Excavation Requirements

437-003-0096

Underground Installations

In addition to and not in lieu of any rules relating to “underground installations” adopted in Oregon Administrative Rules, Chapter 437, the following Oregon Revised Statutes and Oregon Administrative Rules administered by the Oregon Public Utility Commission (PUC) shall apply:

(1) ORS 757.541 through 757.571; and

(2) OAR 952-001-0050 and 860-024-0007.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 8-1990, f. 3-30-90, cert. ef. 9-1-90; OSHA 4-2011, f. & cert. ef. 12-8-11

Two-Worker Rules

437-003-0134

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.

(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 to Subdivision 2/I, contains an example of procedures that would comply with the requirement for a 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.

(5) Fall Protection. When fall protection systems are required by another standard, the employer must ensure that fall protection systems are provided, installed, and implemented according to the criteria in 1926.502, 437-003-0502, 437-003-1502, and 437-003-2502 in Division 3/M, 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 standout. 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. Table [Table not included, see ED. NOTE.]

(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.

(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 2-2013, f. 2-15-13, cert. ef. 4-1-13; OSHA 1-2016, f. 3-1-16, cert. ef. 1-1-17

Hot Line (or Live Line) Tools

437-003-0404

Branch Circuits

(1) General. Use ground fault circuit interrupters specified in (2) below or an assured equipment grounding conductor program as in (3) below. These requirements are in addition to any other requirements for equipment grounding conductors.

(2) All 125-volt, single-phase, 15-, 20-, and 30-ampere receptacles on construction sites, that are for temporary power and are available for use by employees, must have approved ground-fault circuit interrupters. GFI protection must be at the outlet end of the circuit. Extension cords or other devices with listed ground-fault circuit interrupter protection for personnel identified for portable are acceptable.

(3) Assured equipment grounding conductor program: Receptacles more than 125-volt, single-phase, 30-amperes must have protection that complies with (2) above, or an assured equipment grounding conductor program that complies with the following:

(a) A written description of the program, including the employer's specific procedures. The program must be at the job site for inspection and copying by the Administrator and any affected employee.

(b) The employer must designate one or more competent persons (defined in §1926.32(f)) to implement the program.

(c) Before each day's use, visually inspect each extension cord, or other device, and any equipment connected by cord and plug, for external defects, such as deformed or missing pins or insulation damage, and for signs of possible internal damage. Extension cords, devices and receptacles not exposed to damage are exempt from this inspection. Do not use damaged or defective equipment.

(d) Do these tests on all extension cords, other devices and receptacles that are not part of the permanent wiring of the building or structure, and cord- and plug-connected equipment required to be grounded:

(A) Test all equipment grounding conductors for continuity.

(B) Test each receptacle or plug to assure the equipment grounding conductor is connected to its proper terminal.

(e) Do all required tests:

(A) Before first use;

(B) Before first use after repair;

(C) Before use after any incident that reasonably could cause damage (for example, when a cord set is run over); and

(D) At intervals not longer than 3 months. Inspect fixed extension cords, other devices and receptacles not exposed to damage at least every 6 months.

(f) Record all tests required in this paragraph. This test record must identify each receptacle, cord set, and cord- and plug-connected equipment that passed the test and indicate the last date of testing or the test interval. Keep this record by means of logs, color coding, or other effective means. Keep the record until replaced by a newer record. The record must be available on the job site for inspection by the Administrator and any affected employee.

Stat. Auth.: ORS 654.025(2) & 656.726(4).
Stats. Implemented: ORS 654.001 - 654.295.
Hist.: OSHA 5-2002, f. 6-28-02 cert. ef. 10-1-03

Mechanical Equipment

437-003-0420

Traffic Control

(1) Adequate and appropriate traffic controls must be provided for all operations on or adjacent to a highway, street, or roadway. The traffic controls must conform to the Millennium Edition of the (FHWA) Manual of Uniform Traffic Control Devices (MUTCD), December 2000.

(2) Signaling by flaggers and the use of flaggers, including warning garments worn by flaggers must conform to the Millennium Edition of the (FHWA) Manual of Uniform Traffic Control Devices (MUTCD), December 2000.

(3) Barricades for protection of employees must conform to the Millennium Edition of the (FHWA) Manual of Uniform Traffic Control Devices (MUTCD), December 2000.

NOTE: You may obtain a copy of the Millennium Edition from the following organizations: American Traffic Safety Services Association, 15 Riverside Parkway, Suite 100, Fredericksburg, VA 22406-1022; Telephone: 1-800-231-3475; Fax: (540) 368-1722; www.atssa.com; Institute of Transportation Engineers, 1099 14th Street, NW., Suite 300 West, Washington, DC 20005-3438; Fax: (202) 289-7722; www.ite.org; and American Association of State Highway and Transportation Officials; www.aashto; Telephone: 1-800-525-5562.

NOTE: Electronic copies of the MUTCD 2000 are available for downloading at http://mutcd.fhwa.dot.gov/kno-millennium.

NOTE: A copy of the MUTCD 2000 is available for inspection at the Oregon OSHA Resource Center, 350 Winter Street NE, Basement - Room 26, Salem, Oregon 97301-3882; Telephone: (503) 378-3272, or toll free in Oregon 1-800-922-2689.

NOTE: Employers who are following the most current edition of the Oregon Department of Transportation's Short Term Traffic Control Handbook will be considered to be in compliance with this requirement.

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

Stat. Auth.: ORS 654.025(2) & ORS 656.726(4)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist.: APD 5-1989(Temp), f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89; APD 16-1989(Temp), f. & ef. 9-13-89; OSHA 2-1989, f. & ef. 10-17-89; OSHA 2-2003, f. & cert. ef. 1-30-03

Working Clearance

437-003-0502

Personal Fall Restraint

Fall restraint systems and their use shall conform to the following provisions:

(1) Personal fall restraint systems shall be rigged to prevent the user from falling any distance.

(2) Fall restraint systems must use fall arrest system components that conform to the criteria in 1926.502, except as otherwise provided for in this section.

EXCEPTION: A body belt may be used in fall restraint systems.

(3) The attachment point to the body belt or full body harness may be at the back, front or side dee-rings.

(4) Anchorages used for attachment of personal fall restraint equipment shall be independent of any anchorage being used to support or suspend platforms and shall be capable of supporting 3000 pounds (13.3kN) per employee attached, or be designed, installed and used as follows:

(a) As part of a complete personal fall restraint system which maintains a safety factor of at least two; and

(b) Under the supervision of a qualified person.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(4)
Stats. Implemented: ORS 654.001 - ORS 654.295
Hist: OSHA 6-2002, f. & cert. ef. 7-19-02

437-003-0503

Training Requirements

(1) Training Program.

(a) The employer shall provide a training program for each employee who might be exposed to fall hazards. The program shall enable each employee to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to minimize these hazards.

(b) The employer shall assure that each employee has been trained, as necessary, by a competent person qualified in the following areas:

(A) The nature of fall hazards in the work area;

(B) The correct procedures for erecting, maintaining, disassembling, and inspecting the fall protection systems to be used;

(C) The use and operation of guardrail systems, personal fall arrest systems, safety net systems, warning line systems, safety monitoring systems, personal fall restraint systems, positioning devices, and other appropriate protection to be used;

(D) The role of each employee in the safety monitoring system when this system is used;

(E) The limitations on the use of mechanical equipment during the performance of roofing work;

(F) The correct procedures for the handling and storage of equipment and materials and the erection of overhead protection; and

(G) The role of employees in the fall protection work plan;

(H) The standards contained in this subpart.

(2) Certification of training.

(a) The employer shall verify compliance with paragraph (a) of this section by preparing a written certification record. The written certification record shall contain the name or other identity of the employee trained, the date(s) of the training, and the signature of the person who conducted the training or the signature of the employer. If the employer relies on training conducted by another employer or completed prior to the effective date of this section, the certification record shall indicate the date the employer determined the prior training was adequate rather than the date of actual training.

(b) The latest training certification shall be maintained.

(3) Retraining. 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 (a) of this section, the employer shall 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 fall protection systems or equipment to be used render previous training obsolete; or

(c) Inadequacies in an affected employee’s knowledge or use of fall protection systems or equipment indicate that the employee has not retained the requisite understanding or skill.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist: OSHA 6-2002, f. & cert. ef. 7-19-02; OSHA 2-2016, f. 3-1-16, cert. ef. 10-1-17

Power Transmission and Distribution

437-003-0706

Protection of Employees On or Near Masonry Walls

(1) Nonreinforced Masonry Walls. The limited access zone for a masonry wall that is not reinforced and braced in accordance with 437-003-0706(3) must run the entire length of the wall, and extend away from the wall a distance equal to the height of the wall plus four feet.

(2) Limited Access Zone for Masonry Walls. The limited access zone shall remain in place until the wall is adequately supported to prevent overturning and to prevent collapse unless the height of wall is over eight feet, in which case, the limited access zone shall remain in place until the requirements of 437-003-0706(3) of this section have been met.

(3) Bracing for Masonry Walls. All masonry walls over eight feet in height must be adequately braced to prevent overturning and collapse unless the wall is adequately supported. Bracing must remain in place until permanent supporting elements of the structure are in place. The bracing system must be designed by a registered professional engineer, or follow the requirements of 437-003-0706(4).

(4) Protection of Employees On or Near Braced Masonry Walls.

(a) A limited access zone must be established when constructing a reinforced masonry wall.

(A) A limited access zone must be established before construction of the wall begins.

(B) A limited access zone must run the entire length of the wall, and extend away from the wall a distance equal to the height of the grout pour plus four feet.

(C) A limited access zone must be located on the side of the wall not scaffolded.

(D) All activity within the limited access zone is under the direction and control of a competent person.

(E) Entry into the limited access zone is limited to employees actively engaged in construction of the wall. No other employees are allowed to enter the zone without permission from a competent person.

(F) A competent person is responsible for monitoring wind speeds. When speeds reach 25 mph all braces must be examined and the site made secure.

(G) When wind speeds reach 35 mph, all employees in the limited access zone and in proximity to the wall under construction must move to a safe location.

(H) The limited access zone must remain in place until any wall over 8 feet in height is adequately braced as per paragraph 437-003-0706(4)(e) of this section or supported to prevent overturning and to prevent collapse.

(b) During construction of a masonry wall, adequate bracing must be in place to prevent the wall from overturning or collapse. If any of these conditions exist, the bracing is not needed:

(A) The wall is 8 feet or less in height.

(B) A qualified person demonstrates that modifications to paragraph 437-003-0706(4)(e) are adequate when addressing these or other inherently more stable conditions:

(i) Shafts;

(ii) Infills in existing walls;

(iii) Construction in protected areas;

(iv) Changes in wall thickness;

(v) Masonry pilasters; or

(vi) Corner returns, intersecting walls.

(C) Permanent supporting elements of the structure are in place.

(c) Design bracing systems according to paragraphs 437-003-0706(4)(d) and (e) of this section and install them under the direction of a competent person.

(d) A registered professional engineer must design bracing when there is one or more of the following:

(A) The wall is more than 24 feet in height;

(B) The minimum requirements of 437-003-0706(4)(e)(A) or (B) are not met;

(C) Stack bond; or

(D) High wind areas.

(e) A structural masonry wall bracing system must be designed by a qualified person. The design and installation of the bracing system must comply with the following requirements:

(A) Minimum design requirements, including minimum requirements per chapter 26 of the Uniform Building Code, for use in Options 1 or 2:

NOTE: This information may be included in the blueprints.

(i) F'm 1500 psi, concrete block laid in running bond pattern.

(ii) Type S mortar.

(iii) 60 ksi rebar, with minimum placement of 2 - #4 horizontally and 1 - #5 vertically at 48 inches on center.

(iv) 2,000 psi grout required at reinforced areas.

(v) Straight coil loop insert with coil bolts (safe working load = 2250 lb.).

(vi) Metal concrete tilt braces.

(vii) Wall height not to exceed 24 feet.

(B) Minimum field requirements for use in Options 1 or 2:

(i) The horizontal spacing distance between two or more braces must not exceed 20 feet;

(ii) The horizontal bracing distance from an end of wall or control joint must not exceed 10 feet;

(iii) A qualified person must determine if walls less than 20 feet in length require two braces;

(iv) The connection of the brace to the masonry wall must consist of a minimum 3/4 inch straight coil loop insert, placed around a structural rebar located at an ungrouted bond beam;

(v) At least one structural rebar must be located between the attached bar and face shell that receives brace (see figure 1);

(vi) The base connection of brace must consist of a minimum 3/4 inch anchor attached to either a 4 inch minimum thick slab or deadman;

(vii) The brace angle must not be greater than 60 degrees from the horizontal;

(viii) The slab or deadman connection must resist a minimum 3,400 lbs. pullout force.

(C) Option 1 -- Bracing structural masonry walls when grout pours are limited to 5 feet 4 inches or less in height.

(i) A maximum 8 feet of initial wall height may be laid with minimum reinforcement and then grouted.

(ii) A maximum 5 feet, 4 inches of additional wall may be laid with reinforcement located to receive straight coil loop inserts at the bond beam location.

(iii) The first brace must be connected to the wall insert and attached to slab or deadman at base of wall.

(iv) The reinforced section must be grouted.

(v) Additional wall may be constructed following steps 437-003-0706(4)(e)(C)(ii) through (iv).

(D) Option 2 -- Bracing structural masonry walls with grout pours up to 8 feet in height.

(i) A maximum 8 feet of the initial wall height may be laid with minimum reinforcement and then grouted.

(ii) A maximum 5 feet, 4 inches of additional wall may be laid with reinforcement located to receive straight coil loop inserts at a bond beam location.

(iii) Braces must be connected to coil loop inserts in the wall and attached at the base to either a slab or deadman.

(iv) The wall may be laid and reinforced up to the grout pour.

(v) No more than 4 feet of ungrouted wall above the brace point is permitted.

(vi) Grouting may be done after each section of wall is adequately braced.

(vii) A maximum of 8 feet of additional wall height may be constructed and braced following steps 437-003-0706(4)(e)(D)(ii) through (iv). Figure 1: [Figure not included, see ED. NOTE.] Straight coil loop insert attached to rebar with perpendicular rebar between it and face shell to receive brace.

[ED. NOTE: Figure referenced is available from the agency.]

Stat. Auth.: ORS 654.025(2) & 656.726(4).
Stats. Implemented: ORS 654.001 – 654.295.
Hist.: OSHA 1-2003, f. 1-30-03 cert. ef. 4-30-03

Underground Lines and Confined Spaces
Street Openings

437-003-0752

Site-Specific Erection Plan

In addition to and not in lieu of the provisions of 29 CFR 1926.752(e), the steel erection contractor must develop and implement a written site-specific erection plan.

(1) The site-specific erection plan must:

(a) Be developed by a qualified person;

(b) Identify the site;

(c) Be available at the work site; and

(d) Be signed by the qualified person responsible for its development and any modification(s).

Note: The site-specific erection plan does not have to be developed by an engineer, or resemble an engineering report.

(2) The site-specific erection plan must contain the following:

(a) A description of the procedures that will be used to comply with 1926.754(a). Consider the dead weight of the structure, the weight and working reactions of all static and dynamic loads placed on it, and all external forces that may be applied such as wind and reactions by erection equipment.

NOTE: There is a presumption that some form of temporary guying or bracing is necessary to provide lateral stability to the structural steel framing as it is being erected. Accordingly, the employer has the burden of establishing that the structural steel framing is inherently stable during erection and/or the sequence of erection, plumbing, bolting and decking is such that structural stability is maintained at all times and no temporary guying or bracing is needed. Such determination must be documented in the site-specific erection plan.

(b) A description of the procedures and work practices that will be used to protect employees from falls and other hazards where it is necessary to walk/work on suspended loads. Employee(s) are allowed on suspended loads only when a competent person has determined that it is the safest way to accomplish a specific task or there is no other way to do the work.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(4)
Stats. Implemented: ORS 654.001 – 654.295
Hist.: OSHA 3-2002, f. 4-15-02, cert. ef. 4-18-02

437-003-0753

Tag Lines

Tag lines shall be used to control loads except when it is determined, by a qualified rigger, that they create a hazard.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(4)
Stats. Implemented: ORS 654.001 – 654.295
Hist: OSHA 6-2002, f. & cert. ef. 7-19-02

437-003-0761

Additional Training Requirements

(1) Certification of training.

(a) The employer shall verify compliance with this section by preparing a written certification record. The written certification record shall contain the name or other identity of the employee trained, the date(s) of the training, and the signature of the person who conducted the training or the signature of the employer. If the employer relies on training conducted by another employer or completed prior to the effective date of this section, the certification record shall indicate the date the employer determined the prior training was adequate rather than the date of actual training.

(b) The latest training certification shall be maintained.

(2) Retraining. 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 this section, the employer shall retain each such employee. Circumstances where retaining 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 fall protection systems or equipment to be used render previous training obsolete; or

(c) Inadequacies in an affected employee's knowledge or use of fall protection systems or equipment indicate that the employee has not retained the requisite understanding or skill.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(4)
Stats. Implemented: ORS 654.001 – 654.295
Hist: OSHA 6-2002, f. & cert. ef. 7-19-02

Other Structural Requirements

437-003-0905

Flooring

In buildings or other structures of wood floor construction, the under-flooring shall be laid on each tier of joists as the structure progresses, or if double floors are not to be used, the tier of joists next below where work is being performed shall be entirely floored over except for such spaces as are required for ladders and shaftways.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 – 654.295
Hist.: APD 5-1989(Temp), f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89

437-003-0910

Temporary Floors

Temporary floors shall be of sufficient strength to support expected loading.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 – 654.295
Hist.: APD 5-1989(Temp), f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89

437-003-0915

Shoring, Bracing or Guying of Structures

During erection, alteration, or repair, structures, including each part thereof, shall be braced or guyed as necessary to prevent overturning or collapse. All temporary shoring, bracing, or guying used for this purpose shall be maintained until the structure or any part of same is otherwise secured against overturning or collapse.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 – 654.295
Hist.: APD 5-1989(Temp), f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89

437-003-0920

Project Plans

The Administrator of the Accident Prevention Division may require plans and specifications of temporary shoring and bracing used in the construction or alteration of any building, structure, or excavation project. Required plans shall be certified by a qualified engineer, whenever there is a question as to compliance with requirements of this code.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 – 654.295
Hist.: APD 5-1989(Temp), f. 3-31-89, ef. 5-1-89; APD 8-1989, f. & ef. 7-7-89

437-003-0925

Powder-Actuated Tools

Powder-actuated tools used by employees shall meet all other applicable requirements of American National Standards Institute, ANSI A10.3-1985, Safety Requirements for Powder-Actuated Fastening Systems.

[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 – 654.295
Hist.: OSHA 8-1990, f. 3-30-90, cert. ef. 9-1-90

437-003-1000

Oregon Rules for Air Contaminants

An employee's exposure to any substance listed in Oregon Tables Z-1, Z-2, or Z-3 of this section shall be limited in accordance with the requirements of the following paragraphs of this section.

(1) Oregon Table Z-1.

(a) Substances with limits preceded by "C" -- Ceiling Values. An employee's exposure to any substance in Oregon Table Z-1, the exposure limit of which is preceded by a "C", shall at no time exceed the exposure limit given for that substance. If instantaneous monitoring is not feasible, then the ceiling shall be assessed as a 15-minute time weighted average exposure which shall not be exceeded at any time during the working day.

(b) Other substances -- 8-hour Time Weighted Averages. An employee's exposure to any substance in Oregon Table Z-1, the exposure limit of which is not preceded by a "C", shall not exceed the 8-hour Time Weighted Average given for that substance in any 8-hour work shift of a 40-hour work week.

(c) Other Substances -- Excursion Limits. Excursions in worker exposure levels may exceed 3 times the PEL-TWA for no more than a total of 30 minutes during a workday, and under no circumstances should they exceed 5 times the PEL-TWA, provided that the PEL-TWA is not exceeded.

(d) Skin Designation. To prevent or reduce skin absorption, an employee's skin exposure to substances listed in Oregon Table Z-1 with an "X" in the Skin Designation column following the substance name shall be prevented or reduced to the extent necessary in the circumstances through the use of gloves, coveralls, goggles, or other appropriate personal protective equipment, engineering controls or work practices.

(2) Oregon Table Z-2. An employee's exposure to any substance listed in Oregon Table Z-2 shall not exceed the exposure limits specified as follows:

(a) 8-hour time weighted averages. An employee's exposure to any substance listed in Oregon Table Z-2, in any 8-hour work shift of a 40-hour work week, shall not exceed the 8-hour time weighted average limit given for that substance in Oregon Table Z-2.

(b) Acceptable ceiling concentrations. An employee's exposure to a substance listed in Oregon Table Z-2 shall not exceed the acceptable ceiling concentration for the given substance in the table at any time during an 8-hour shift except:

(A) Acceptable maximum peak above the acceptable ceiling concentration for an 8-hour shift. An employee’s exposure to a substance listed in Oregon Table Z-2 shall not exceed the acceptable maximum peak above the acceptable ceiling concentration, and shall not exceed the maximum duration for the given substance during an 8-hour shift.

(c) Example. [Table not included. See ED. NOTE.] During an 8-hour work shift, an employee exposed to benzene may be exposed to an 8-hour time weighted average (TWA) of 10 ppm. Concentrations of benzene during the 8-hour work shift may not exceed 25 ppm, unless that exposure is no more than 50 ppm and does not exceed 10 minutes during an 8-hour work shift. Such exposures must be compensated by exposures to concentrations below 10 ppm so that the 8-hour time-weighted average is less than 10 ppm.

(3) Oregon Table Z-3. An employee's exposure to any substance listed in Oregon Table Z-3, in any 8-hour work shift of a 40-hour work week, shall not exceed the 8-hour time weighted average limit given for that substance in the table.

(4) Computation formulae. The computation formula which shall apply to employee exposure to more than one substance for which 8-hour time weighted averages are included in OAR 437, Division 2/Z, Toxic and Hazardous Substances, in order to deter- mine whether an employee is exposed over the regulatory limit is as follows:

(a)(A) The cumulative exposure for an 8-hour work shift shall be computed as follows:

E = (CaTa + Cb Tb +... CnTn) ÷ 8

Where:

E is the equivalent exposure for the working shift.

C is the concentration during any period of time T where the concentration remain constant.

T is the duration in hours of the exposure at the concentration C.

The value of E shall not exceed the 8-hour time weighted average specified in subpart Z of 29 CFR part 1910 for the substance involved.

(B) To illustrate the formula prescribed in paragraph (4)(a)(i) of this section, assume that Substance A has an 8-hour time weighted average limit of 100 ppm (Oregon Table Z-1). Assume that an employee is subject to the following exposure:

Two hours exposure at 150 ppm

Two hours exposure at 75 ppm

Four hours exposure at 50 ppm

Substituting this information in the formula, we have

[(2x150) + (2x75) + (4x50)] ÷ 8 = 81.25 ppm

Since 81.25 ppm is less than 100 ppm, the 8-hour time weighted average limit, the exposure is acceptable.

(b)(A) In case of a mixture of air contaminants an employer shall compute the equivalent exposure as follows:

Em = (C1 ÷ L1) + (C2 ÷ L2) +... (Cn ÷ Ln)

Where:

Em is the equivalent exposure for the mixture.

C is the concentration of a particular contaminant.

L is the exposure limit for that substance specified in Subpart Z of 29 CFR Part 1910.

The value of Em shall not exceed unity (1).

(B) To illustrate the formula prescribed in paragraph (4)(b)(i) of this section, consider the following exposures: [Table not included. See ED. NOTE.]

Substituting in the formula, we have:

Em = (500 ÷ 1000) + (45 ÷ 200) + (40 ÷ 200)

Em = 0.500 + 0.225 + 0.200

Em = 0.925

Since Em is less than unity (1), the exposure combination is within acceptable limits.

(5) To achieve compliance with paragraphs (1) through (4) of this section, administrative or engineering controls must first be determined and implemented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or any other protective measures shall be used to keep the exposure of employees to air contaminants within the limits prescribed in this section. Any equipment and/or technical measures used for this purpose must be approved for each particular use by a competent industrial hygienist or other technically qualified person. Whenever respirators are used, their use shall comply with 1910.134.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 6-1997, f. & cert. ef. 5-2-97; OSHA 4-2001, f. & cert. ef. 2-5-01; OSHA 6-2006, f. & cert. ef. 8-30-06; OSHA 6-2008, f. 5-13-08, cert. ef. 7-1-08

437-003-1101

Asbestos Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 3/Z, 1926.1101 Asbestos, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Asbestos rules.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

437-003-1127

Cadmium Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 3/Z, 1926.1127 Cadmium, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Cadmium rules.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

437-003-1423

Fall Protection

(1) Personal fall arrest and fall restraint systems must use personal fall arrest components that conform to the criteria in Division 3/M Fall Protection.

NOTE: Except that 1926.502(d)(15), Fall Protection Systems Criteria and Practices/Personal fall arrest systems (anchors), does not apply to components used in personal fall arrest and fall restraint systems. (See 1926.1423(g) and 437-003-1423(3))

(2) When employees are assembling, disassembling or otherwise performing work on a walking/working surface of a crane with an unprotected side or edge more than 10 feet above a lower level, the employer must provide fall protection systems and ensure they are installed and used according to the criteria in Division 3/M, Fall Protection.

(a) When moving point-to-point:

(A) On non-lattice booms (whether horizontal or not horizontal).

(B) On lattice booms that are not horizontal.

(C) On horizontal lattice booms where the fall distance is 10 feet or more.

(b) While at a work station on any part of the equipment (including the boom, of any type), except when the employee is at or near draw-works (when the equipment is running), in the cab, or on the deck.

(3) Anchorage criteria. 1926.502(d)(15), 1926.502(e)(2), and 437-003-0502(4) apply to equipment covered by this subdivision only to the extent delineated in paragraphs 1926.1423(g)(2) and (3).

(4) Tower cranes. When employees are erecting, climbing, dismantling or otherwise performing work on a walking/working surface of a tower crane with an unprotected side or edge more than 10 feet above a lower level, employers must ensure that fall protection systems are provided, installed, and used according to the criteria in Division 3/M, Fall Protection.

(5) Anchoring to the load line. A personal fall arrest system is permitted to be anchored to the crane/derrick’s hook or other part of the load line when all of the following requirements are met:

(a) A qualified person determines that the set up and rated capacity of the crane/derrick, including the hook, load line and rigging, meets or exceeds the requirements in 1926.502(d)(15).

(b) The operator is informed that it is being used for this purpose and is in view of and no more than 25 feet from the operator station/cab.

(c) No load is suspended from the crane/derrick when the personal fall arrest system is anchored and used.

(d) The crane/derrick is not moved when the personal fall arrest system is anchored and being used.

(6) Training. The employer must train each employee who may be exposed to fall hazards while on, or hoisted by, equipment covered by this subdivision on the applicable requirements in OARs 437-003-1599 and 437-003-0502.

Stat. Auth.: ORS 654.025(2) & 656.726(4).
Stats. Implemented: ORS 654.001 - 654.295.
Hist.: OSHA 1-2011, f. & cert. ef. 2-9-11

437-003-1500

Additional Definitions

(1) Body belt means a Type 1 safety belt used in conjunction with lanyard or lifeline for fall restraint only.

(2) Fall protection system means personal fall arrest system, personal fall restraint system, positioning device system, guardrail system, safety net system, warning line system, or safety monitoring system.

(3) Personal fall restraint system means a fall protection system that prevents the user from falling any distance. The system is comprised of either a body belt or body harness, along with an anchorage, connectors and other necessary equipment. The other components typically include a lanyard, and may also include a lifeline and other devices.

(4) Rake edge means the inclined roof edges, such as those on the gable end of a building.

(5) Roofing work means the hoisting, storage, application, and removal of roofing materials and equipment, including related insulation, sheet metal, and vapor barrier work, but not including the construction of the roof deck and leading edge work.

(6) Walking/working surface means any surface, whether horizontal or vertical on which an employee walks or works, including, but not limited to, floors, roofs, ramps, bridges, runways, formwork, beams, columns, trusses and concrete reinforcing steel but not ladders, vehicles, or trailers, on which employees must be located in order to perform their job duties.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist: OSHA 6-2002, f. & cert. ef. 7-19-02; OSHA 2-2016, f. 3-1-16, cert. ef. 10-1-17

437-003-1501

Fall Protection

(1) General. Except where permitted by another standard, when employees are exposed to a hazard of falling 6 feet or more to a lower level, the employer must ensure that fall protection systems are provided, installed, and implemented according to the criteria in 1926.502, 437-003-0502, 437-003-1502, and 437-003-2502.

(2) Walking/working surfaces. The employer must determine if the walking/working surfaces on which its employees are to work have the strength and structural integrity to safely support employees. Employees may work on those surfaces only when the surfaces have the requisite strength and structural integrity.

(3) Holes. Regardless of height, each employee on a walking/working surface must be protected from tripping in or stepping into or through holes (including skylights) by covers, or equivalent.

NOTE: Smoke domes or skylight fixtures are not considered covers for the purpose of this section unless they meet the strength requirements of 1926.502(i).

(4) Wall openings. Each employee working on, at, above, or near wall openings (including those with chutes attached) where the inside bottom edge of the wall opening is less than 39 inches above the walking/working surface and the outside bottom edge of the wall opening is 6 feet or more above lower levels, must be protected from falling by the use of guardrail systems, safety net systems, personal fall arrest systems, or personal fall restraint systems.

(5) Excavations.

(a) Employers must use guardrail systems, fences, or barricades to protect any employee who might approach the edge of an excavation, when the excavation is 6 feet or more in depth and is not readily seen because of plant growth or other visual barrier.

(b) Employers must use guardrail systems, fences, barricades, or covers to protect any employee who might approach the edge of a well, pit, shaft, or other similar excavation, when the excavation is 6 feet or more in depth.

(6) Dangerous equipment. In addition to the fall protection requirements under 437-003-1501(1), each employee working less than 6 feet above dangerous equipment must be protected from falls into or onto dangerous equipment by guardrail systems or equipment guards.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist: OSHA 6-2002, f. & cert. ef. 7-19-02; OSHA 1-2016, f. 3-1-16, cert. ef. 1-1-17

437-003-1502

Warning Line Systems for Roofing Work

(1) A warning line system shall not be used as fall protection on roof slopes greater than 2 in 12 (vertical to horizontal).

(2) Employees performing roofing work between a roof edge and a warning line must be protected by a personal fall arrest system, personal fall restraint system, guardrail system, safety net system, or safety monitoring system.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(4)
Stats. Implemented: ORS 654.001 – 654.295
Hist: OSHA 6-2002, f. & cert. ef. 7-19-02

437-003-1752

Written Notifications

A copy of the written notification(s) required by this section must be maintained on the site by the controlling contractor for review until completion of the project.

Stat. Auth.: ORS 654.025(2) - ORS 656.726(4)
Stats. Implemented: ORS 654.001 – 654.295
Hist: OSHA 6-2002, f. & cert. ef. 7-19-02

437-003-1754

Roof and floor holes and openings

Roof and floor holes and openings shall be decked over. Where large size configuration or other structural design does not allow openings to be decked over (such as elevator shafts, stairwells, etc.) employees shall be protected by covers or guardrail systems erected around such openings as soon as the openings are created.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 – 654.295
Hist.: OSHA 8-2003, f. 12-30-03 cert. ef. 1-1-04

437-003-2501

Protection From Falling Objects

(1) General. Except as otherwise provided in paragraph (2) of this section, when employees are exposed to falling objects, the employer must have each employee wear a hard hat and must implement one of the following measures in accordance with the criteria in 1926.502(j):

(a) Erect toeboards, screens, or guardrail systems to prevent objects from falling from higher levels; or,

(b) Erect a canopy structure and keep potential fall objects far enough from the edge of the higher level so that those objects would not go over the edge if they were accidentally displaced; or,

(c) Barricade the area to which objects could fall, prohibit employees from entering the barricaded area, and keep objects that may fall far enough away from the edge of a higher level so that those objects would not go over the edge if they were accidentally displaced.

(2) Holes. Employees working below walking/working surface holes (including skylights) must be protected from objects falling through by covers meeting the criteria in 1926.502(i), or equivalent.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats Implemented: ORS 654.001 - 654.295
Hist.: OSHA 1-2016, f. 3-1-16, cert. ef. 1-1-17

437-003-3060

Methylenedianiline Respiratory Protection Program

The employer must implement a respiratory protection program in accordance with Division 2/I, 1910.134(b) through (d) (except (d)(1)(iii)), and (e) through (m) and (o), which covers each employee required by Division 3/D, 1926.60 Methylenedianiline, to use a respirator.

NOTE: This is in addition to other respiratory protection and medical surveillance requirements specified in these Methylenedianiline rules.

Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 5-2011, f. 12-8-11, cert. ef. 7-1-12

437-003-3224

Vehicle Drivers and Riders

(1) Scope. This rule applies, without regard to vehicle ownership when your employees drive or ride as part of their employment.

NOTE: The Oregon Bureau of Labor and Industries (BOLI) administers rules about using minors as drivers. Please contact the nearest BOLI office for more information.

(2) Driver Qualifications. You must not allow an employee to drive a vehicle on a public highway or road unless they have a valid driver's license appropriate for that type vehicle.

(3) General Safety.

(a) Do not allow employees to drive or ride in any vehicle known to be unsafe.

(b) Require employees to report any safety problems effecting vehicles you own or provide.

(4) Rider Safety -- General.

(a) Except as in (5), (6) and (7), do not allow employees to occupy a vehicle in excess of its seating capacity.

(b) Require employees to comply with all applicable seatbelt and traffic safety laws.

(5) Rider Safety in the Bed of Dump Trucks, Pickups and Similar Vehicles. Do not transport workers in the beds of dump trucks, pickups or similar vehicles unless these conditions are met when applicable:

(a) When seating is available, it must be secure to the floor and passengers may not stand.

(b) The bed is secure to the frame. Beds that tilt or slide must be secure from movement.

(c) Dump beds must be secure or the activating lever locked.

(d) The total height of the sides of the transport area must be at least 42 inches. If riders sit on the floor, the height must be at least 24 inches.

(e) There must be a tailgate the same height as the sides or three evenly spaced chains, cables or ropes taut across the back.

(f) Not more than 4 workers may ride on a flatbed without sides or a tailgate and then only when the speed will not be more than 30 mph. There must be two handholds for each rider.

(g) Workers must not ride in space with cargo unless it is secure from movement.

(6) Standing Rider Safety -- Buses. Riders must not sit on the floor while the vehicle is moving. Riders may stand if these conditions are met:

(a) There must be an aisle at least 12 inches wide leading to the emergency exit.

(b) There are no seats in or boards across the aisle.

(c) There must be handholds for standing riders.

(d) Not more than one rider per row of seats may stand.

(e) Riders may not sit or stand near the driver and not ahead of the forward-most row of seats.

(f) Workers in transit must not stand for more than one hour or 45 miles, whichever is less. At the end of that period, the standing workers must get a seat or the vehicle must stop for a 15-minute rest allowing the workers to get out.

(7) Fueling.

(a) There must be no smoking or other source of ignition within 25 feet of any refueling operation.

(b) Do not fill any container that is not bonded or grounded while it is inside the vehicle, in the pickup bed or anyplace other than on the ground.

(c) Stop the engine (except diesels) during fueling.

(d) Refueling vehicles with LPG must be outdoors.

(8) Hauling gasoline or flammable liquid.

(a) For buses, vehicles that carry 16 or more, crew trucks, vans and passenger cars, use only DOT or UL approved containers that hold 5 gallons or less and secure them in an area separate from passengers.

(b) For pickups, flatbeds and other vehicles not in (a), there is no container size limit as long it is not in an enclosed passenger area.

(9) Hauling Explosives. When hauling explosives, only the driver and one qualified person may be in the vehicle. Comply with OAR 437-002-1910.109 and 437-002-0109.

(10) Loading or Unloading. When loading or unloading vehicles in a manner that is likely to cause the vehicle to move, set the brakes and chock the wheels.

(11) High Voltage Clearances. When operating a vehicle near overhead lines carrying more than 600v, OAR 437-002-0047 applies for general industry employers and OAR 437-003-0047 applies for Construction employers.

(12) Traffic Control. You must require employees to set up appropriate traffic controls when they stop on or adjacent to a highway, street, or road in a way that creates a hazard and when traffic cannot adjust safely on its own. The controls must conform to the Millennium Edition of the (FHWA) Manual of Uniform Traffic Control Devices (MUTCD), December 2000.

NOTE: Get a copy of the Millennium Edition from the following organizations: American Traffic Safety Services Association, 15 Riverside Parkway, Suite 100, Fredericksburg, VA 22406-1022; Telephone: 1-800-231-3475; Fax: (540) 368-1722; www.atssa.com; Institute of Transportation Engineers, 1099 14th Street, NW., Suite 300 West, Washington, DC 20005-3438; Fax: (202) 289-7722; www.ite.org; and American Association of State Highway and Transportation Officials; www.aashto.org; Telephone: 1-800-525-5562. OR: Download the MUTCD 2000 at http://mutcd.fhwa.dot.gov/kno-millennium. OR: The MUTCD 2000 is available for review at the Oregon OSHA Resource Center, 350 Winter Street NE, Basement - Room 26, Salem, Oregon 97301-3882; Telephone: (503) 378-3272, or toll free in Oregon 1-800-922-2689.

NOTE: Employers who follow the most current edition of the Oregon Temporary Traffic Control Handbook for Operations of 3 Days or Less comply with this requirement.

Stat. Auth.: ORS 654.025(2) & 656.726(3)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 6-2007, f. & cert. ef. 9-26-07

437-003-3225

Vehicles for Highway and Road Operation Characteristics and Maintenance

(1) Scope. This applies to employer-owned vehicles licensed for highway and road use, driven and/or maintained by employees on public or private property, except the following:

(a) Powered Industrial Trucks covered by OR-OSHA standard 1910.178 and OAR 437-002-0227.

(b) Earth moving equipment (scrapers, loaders, bulldozers and graders) covered by OAR 437-003-1926.602.

(c) Manufactured structures, ATVs, golf carts and other similar devices not intended for highway or road use.

NOTE: When operating a vehicle near overhead power lines more than 600 volts, OAR 437-002-0047 applies for General Industry employers and OAR 437-003-0047 applies for Construction employers.

(2) Vehicle Components.

(a) The engine start/stop control must be within reach of the driver.

(b) There must be steps, ladders and railings to allow safe access to and exit from areas on vehicles where employees must access. Steps and rungs must be slip resistant.

(c) Vehicles whose cargo is loaded by cranes, power shovels or other powered loaders must have a cab or cab shield that protects the occupants from the impact of falling material.

(d) Secure all material, equipment or tools to prevent movement or a barrier must be in place to protect the occupants from moving items.

(e) Vehicles with cabs must have a door or doors for entry and exit.

(f) Vehicle cargo must not prevent occupants from exiting under any condition.

(g) Vehicles must comply with ORS 811.225, Failure to Maintain Safety Belts in Working Order.

(3) Flashing Warning Lights. Buses with a capacity of 16 or more passengers must have a working flashing light system that

complies with ORS 816.260 if they load or unload passengers on a public highway or road.

(4) Buses and Crew Trucks.

(a) Buses and crew trucks must have a secure seat with back rest for each occupant.

(b) Buses with an enclosed seating area for 12 or more workers, unless loaded from the rear, must have an emergency exit not less than 24 inches wide by not less than 48 inches high on the left side or rear of the vehicle. It must open easily from inside or outside the vehicle.

(5) Passenger Compartments.

(a) Floors and decks must be slip resistant.

(b) Seal openings between the engine compartment and muffler area to prevent carbon monoxide from entering the enclosed passenger compartment.

(c) Enclosed passenger compartment must be substantially dust proof and watertight.

(d) Areas where workers sit or stand must be free of protruding nails, screws, splinters or similar physical hazards.

(e) Protect riders from inclement weather by enclosing riding areas as necessary.

(6) Steering. Do not allow spinner knobs on vehicles without power steering. Spinner knobs must be on the inside of the steering wheel.

(7) Lighting. Where general lighting in vehicle operating areas is less than 2 footcandles per square foot, vehicles must have working lights that sufficiently light the travel path.

(8) Testing, Maintenance, and Repair.

(a) Block or crib heavy machinery, equipment or parts supported by slings, hoists, jacks or otherwise prevent it from falling before employees work underneath or between such objects.

(b) During repair or maintenance set all controls in neutral, stop the motor and set the brakes unless the work requires otherwise.

(c) During maintenance or inspection on vehicles with dump bins, use an attached, lockable support that prevents unintentional lowering of the bin.

(d) Disconnect the vehicle battery when the work allows and the energized system could cause injury.

(9) Warning Devices.

(a) All vehicles must have a working horn that can be heard above surrounding area noise. Paragraph (b) does not apply when the vehicle backs up with an observer or when the operator verifies that there is nobody behind the vehicle or when nobody may enter the danger area without the operator's knowledge.

(b) Vehicles with an obstructed view to the rear must have a backup alarm that can be heard over the surrounding noise. If surrounding noise prevents this or if there are so many vehicles using backup alarms that they cannot be distinguished from each other, flashing or strobe lights are acceptable.

(10) Control of Exhaust Gases.

(a) Vehicles must have a working muffler.

(b) Exhaust pipes must direct the gasses away from occupants.

(c) Insulate or otherwise protect exhaust pipes exposed to worker contact.

(11) First Aid Kits. Vehicles for transport of 16 or more workers must have a clean, stocked first aid kit with enough supplies for the number of workers usually transported.

NOTE: Laws and/or administrative rules administered by other government agencies require fire extinguishers in vehicles under specifically defined circumstances.

(12) Controls.

(a) Levers that control dump or hoist devices must have a latch or other device that prevents accidental starting or tripping of the mechanism.

(b) The operator of a dump truck must be able to operate the tailgate trip handle from a position clear of the dumping load.

Stat. Auth.: ORS 654.025(2) & 656.726(3)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 6-2007, f. & cert. ef. 9-26-07

437-003-3226

Vehicles for Use on Property Other Than Public Roads and Highways Operation, Characteristics and Maintenance

(1) Scope. This rule applies to employer-owned vehicles, not licensed or normally operated on public highways or roads, except the following:

(a) Powered Industrial Trucks covered in OR-OSHA standard 1910.178 and OAR 437-002-0227.

(b) Earth moving equipment, (scrapers, loaders, bulldozers and graders) covered by OAR 437-003-1926.602.

(c) Manufactured structures, ATVs, golf carts and other similar devices not intended for highway or road use.

(2) Safe Operation. You must require the driver to:

(a) Look in the direction of travel and have a clear view unless being guided by somebody with a clear view of the route.

(b) Slow or stop as appropriate at intersections and not drive in marked pedestrian lanes.

(c) Not drive a vehicle up to a person standing in front of a stationary object.

(d) Manually control all towed or pushed vehicles unless they use a towbar.

(3) Vehicle Loads. You must protect employees from hazardous vehicle loads by requiring that they:

(a) Not load a vehicle beyond its rated capacity.

(b) Stabilize, lash down or otherwise secure the load.

(c) Never be under an elevated load.

(4) Basic Equipment Requirements. You must assure your vehicles comply with the following:

(a) Vehicles with windshields must have working powered wipers and an effective defroster.

(b) There must be no broken glass that impairs the driver's vision.

(c) When the load or passengers obstruct the use of the interior rear view mirror, there must be an outside rear view mirror on each side of the vehicle.

(d) Vehicle brakes must be effective when the vehicle is fully loaded. The parking brake must hold the loaded vehicle on any slope which it may operate.

NOTE: The rules on safety chains do not apply to saddle-mount towing, or to a semitrailer coupled to a towing vehicle with a fifth wheel and kingpin assembly so designed that the upper and lower halves may not separate without being manually released onto a dolly without a tow bar.

(5) Uncoupled towing. You must assure that:

(a) Towed vehicles with a gross weight of 5,000 pounds or less must have at least one safety chain or cable. Towed vehicles with a gross weight more than 5,000 pounds must have at least two safety chains or cables.

(b) Safety chains or cables must be strong enough to control the towed vehicle in event the tow bar or coupling device fails.

(c) Safety chains or cables must connect to the towed and towing vehicles and to the tow bar so as to prevent the tow bar from dropping to the ground if it or the coupling device fails.

(d) There must be only enough slack in safety chains or cables to permit proper turning.

(6) Coupled towing. You must assure that:

(a) Drawbar, coupling device, and other connections for towing of trailers must be strong enough to hold the weight of the towed vehicle on any grade over which it may operate.

(b) Any coupling device on any towing vehicle used as a connection for the tow bar on any towed vehicle with a gross weight more than 5,000 pounds must be firmly attached to the frame or to a solid connection to the frame.

(c) There must be a suitable locking means to prevent accidental separation of the towed and towing vehicles.

(d) Connections must have only enough slack to allow for universal action of the connections.

NOTE: When operating a vehicle near overhead power lines more than 600 volts, OAR 437-002-0047 applies for General Industry employers and OAR 437-003-0047 applies for Construction employers.

Stat. Auth.: ORS 654.025(2) & 656.726(3)
Stats. Implemented: ORS 654.001 - 654.295
Hist.: OSHA 6-2007, f. & cert. ef. 9-26-07

437-003-3502

Slide Guard Systems

(1) Slide Guard Systems. Slide guard systems, and their use, shall comply with the following provisions:

(a) Slide guard systems shall be installed under the supervision of a competent person.

(b) Slide guards shall not be used on roofs with a ground-to-eave height greater than 25 feet.

(c) Slide guards shall not be used as a fall protection system on roofs with a slope less than 3:12 nor greater than 8:12.

(A) On roofs with slopes greater than or equal to 3:12 up to and including 6:12, at least one slide guard shall be placed below the work area, no closer than 6 inches from the eave.

(B) On roofs with slopes greater than 6:12 and not more than 8:12, multiple slide guards shall be used, spaced no more than eight feet apart, vertically. The lower slide guard shall be no closer than 6 inches from the eave.

(d) Installation of the lowest slide guard shall be perpendicular (90 degrees) to the roof surface. When multiple slide guards are used, the angle of installation for the upper slide guards shall not be less than 60 degrees to the roof surface.

(e) Slide guards shall be continuous below all walking or working areas.

(f) Personnel shall not be allowed to ascend or descend the roof slope within six feet of the rake edge except where that limitation would prevent the performance of work.

(g) Supplies and materials shall not be stored within 6 feet of the rake edge, or three feet where tile roof systems are being installed.

(2) Manufactured roof brackets. Manufactured roof brackets shall meet, or exceed the following minimum safety standards:

(a) Roof brackets shall be installed according to the manufacturer's specifications.

(b) Minimum 6 inch brackets shall be used.

(c) All brackets shall bear on a solid surface.

(d) Brackets shall not be spaced greater than 8 feet apart horizontally, or according to the manufacturer's specifications, whichever is less.

(e) Nominal 2 inch by 6 inch material shall be used for slide guards, and shall be secured to the brackets or otherwise protected against cantilevering and failure due to material flex.

(f) The manufacturer's specifications shall be available for review.

(3) Job-made slide guards shall meet or exceed the following minimum safety standards:

(a) Nominal 2 inch by 6 inch material for both vertical and horizontal members shall be used. Vertical members shall be backed to the horizontal (flat) members.

(b) Horizontal (flat) members shall be anchored with two "16 penny" (16d) common nails or the equivalent, every 4 feet, to solid bearing surfaces. Vertical members shall be anchored to the horizontal members with one "16 penny" (16d) common nail or the equivalent, every 2 feet.

(c) The vertical member shall be provided with full support bracing every eight feet, horizontally.

(d) Engineering specifications shall be available for review whenever design and/or installation does not meet the above minimum guidelines.

Stat. Auth.: ORS 654.025(2) & ORS 656.726(4)
Stats. Implemented: ORS 654.001 – 654.295
Hist: OSHA 6-2002, f. & cert. ef. 7-19-02

437-003-3600

Equipment

(1) For lines rated 50 kV or below, minimum clearance between the lines and any part of the equipment or load must be 10 feet.

(2) For lines rated over 50 kV, minimum clearance between the lines and any part of the equipment or load must be 10 feet plus 0.4 inch for each 1 kV over 50 kV, or twice the length of the line insulator, but never less than 10 feet.

(3) Cage-type boom guards, insulating links, or proximity warning devices may be used on equipment but the use of such devices must not alter the requirements of any other regulation of this part even if such device is required by law or regulation.

Stat. Auth.: ORS 654.025(2) & 656.726(4).
Stats. Implemented: ORS 654.001 & 654.295.
Hist.: OSHA 1-2011, f. & cert. ef. 2-9-11

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