Stat. Auth.:ORS654.025(2) & 656.726(4) Stats. Implemented:ORS654.001 - 654.295 Hist.: Osha 4-1998, F. 8-28-98, Cert. Ef. 10-1-98; Osha 4-2012, F. 9-19-12, Cert. Ef. 1-1-13

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_400/oar_437/437_004.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 







DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,

OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION










 

DIVISION 4
AGRICULTURE
General Subjects
437-004-0001
Application
Everything in this standard is the responsibility
of the employer. It is the responsibility of the employer to assure that their workers,
facilities and equipment comply with this standard.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0002
Scope
Standard Industrial Classifications
— division 004, Agriculture, applies only to employers with the following
Standard Industrial Classifications (SIC) or North American Industrial Classification
system (NAICS) codes.
NOTE: If you don’t know your
code, contact your Workers’ Compensation Insurance carrier.
SIC   NAICS
01   111 —
All Groups.
02   112 —
All Groups.
0711   115112 —
Soil Preparation Services.
0721   115112 —
Crop Planting, Cultivating, and Protection.
0722   115113 —
Crop Harvesting, Primarily by Machine.
0723   115114 —
Crop Preparation Services for Market: Except Cotton Ginning.
NOTE: SIC 0723 (NAICS 115114),
Division 4, Agriculture covers growers who:
Buy farm products for resale to
the general public. These products may be cleaned, sorted, graded, dried whole,
bagged or packaged, but are not processed. Examples of processing include cutting,
canning, freezing, pasteurizing and homogenizing.
Grow 51 percent or more of the
sold crops themselves, but also buy farm products for resale to anyone other than
the general public. These products may be cleaned, sorted, graded, dried whole,
bagged, or packaged, but are not processed. Examples of processing include cutting,
canning, freezing, pasteurizing and homogenizing.
0761   115115 —
Farm Labor Contractors and Crew Leaders.
0762   115116 —
Farm Management Services.
0811   111421 —
Christmas Tree Growing and Harvest.
0831   113210 —
Forest Nurseries and Gathering of Forest Products.
NOTE: Division 4, Agriculture,
covers forest nursery employers growing:
• Seedlings for reforestation.
• Trees for purposes other
than lumber, pulp, or other wood products.
Division 7, Forest Activities,
covers employers:
• Growing trees for lumber,
pulp, or other wood products.
• Gathering seeds, needles,
bark, and other secondary forest products.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06; OSHA 4-2010, f. 7-8-10,
cert. ef. 1-1-11
437-004-0003
Exclusive Coverage
(1) Division 4, Agriculture, and parts
of division 1, General Administrative Rules, are the only Oregon OSHA standards
that apply to employers in 437-004-0002. Employers in 437-004-0002 will not be cited
from standards in division 2 or division 3, Construction, unless division 4 states
they are applicable.
(2) The following parts of
division 1 DO NOT apply to Agriculture. This division has language covering their
subjects.
(a) 437-001-0760 Rules for
all Workplaces. 437-004-0099 General Standards applies instead.
(b) 437-001-0765 Safety Committees
and Safety Meetings. 437-004-0251 Safety Committees and Safety Meetings applies
instead.
NOTE: ORS 654 (The Oregon Safe Employment
Act) and specifically 654.010, commonly referred to as the General Duty Clause,
applies to all places of employment in Oregon.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2010, f. 7-8-10, cert. ef. 1-1-11
437-004-0005
Access to Employee Exposure and
Medical Records
For agricultural employers, OAR 437-002-1910.1020
applies.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0099
General Standards
(1) Miscellaneous.
(a) Conspicuously post warning
signs, danger signs, warning flags, warning lights, or similar devices where hazards
not otherwise adequately guarded warrant their use.
(b) Keep all safeguards or
devices operating properly and fully effective at providing the protection originally
intended.
(c) Erect protective barriers
or suitable guards when covers over openings are removed or excavations made in
places accessible to workers or vehicles.
(d) Do not allow the use
of intoxicating liquor or drugs on the job. Do not allow anyone to work with impaired
ability to work safely.
(e) Do not allow horseplay,
scuffling, practical jokes or any other similar activity.
(2) Supervision and competency.
(a) Require employees to
demonstrate their ability to work safely.
(b) Provide enough supervision
over employees to ensure and enforce compliance with safe operating procedures and
practices.
NOTE: It is not the meaning of this
rule to require a supervisor on every part of any operation, nor to prohibit workers
from working alone.
(c) Take all reasonable means to require
employees:
(A) To work and act in a
safe and healthful manner;
(B) To work in compliance
with all applicable safety and health rules;
(C) To use all means and
methods, including but not limited to, ladders, scaffolds, guardrails, machine guards,
safety belts and lifelines, necessary to work safely where employees are exposed
to a hazard;
(D) Not to remove, displace,
damage, destroy or carry off any safety device, guard, notice or warning provided
for use in any employment or place of employment where safety and health rules require
such use.
(d) Use a procedure, appropriate
for the work, to check on the well-being of workers whose duties require them to
work alone or in isolation. Instruct all workers about the procedure.
NOTE: A two-way system of signals,
thoroughly understood by both parties or other form of two-way communication is
acceptable. Motor noise is not acceptable as contact or as an indication of well-being.
(e) Employers must provide all health
hazard control measures necessary to protect the employees' health from harmful
or hazardous conditions and must maintain those control measures in good working
order and assure their use.
(f) Employers must inform
their employees about the known health hazards to which they are exposed, the measures
taken for the prevention and control of those hazards, and the proper methods for
using the control measures.
(3) Inspections. A competent
person or persons must inspect every place of employment at least quarterly. OAR
437-004-0251 has other requirements related to these inspections.
(4) Investigations.
(a) The employer must investigate
every work-related lost time injury. The object of the investigation is to determine
how to prevent recurrence. OAR 437-004-0251 has other requirements related to these
investigations.
NOTE: As mentioned above, “lost
time injury” is the same as the ORS 656.005(7)(c) definition of “disabling
compensable injury.” That is: an injury that entitles the worker to compensation
for disability or death. To fall into this category the employee must miss three
consecutive calendar days beginning with the day the worker first loses time or
wages from work as a result of the compensable injury. This includes weekends and
holidays when they might normally be off.
(b) At the request of authorized OR-OSHA
representatives, you or your superintendents, supervisors and employees must furnish
all evidence and names of known witnesses to an accident.
(c) Employees in charge of
work are agents of the employer in the discharge of their authorized duties, and
are always responsible for:
(A) The safe performance
of the work under their supervision; and
(B) The safe conduct of the
crew under their supervision; and
(C) The safety of all workers
under their supervision.
(5) Extraordinary hazards.
When conditions arise that cause unusual or extraordinary hazards to workers, take
additional means and precautions to protect workers or to control the hazardous
exposure. If you cannot make the operation reasonably safe, stop work while the
abnormal conditions exist or until the work is safe.
(6) Signals and signal systems.
(a) Give control signals
by only one person at a time.
(A) When given, make signals
clear and distinct.
(B) The person receiving
the signals must understand their meaning before taking action.
(b) Act immediately on emergency
stop signals from whatever source.
(c) Do not throw any type
of material that can produce injury, such as rocks, wooden or metal objects, etc.,
as a signal.
(d) Do not give signals for
the movement of materials or equipment until all persons who might be in danger
by the movement are in the clear.
Employment of Minors.
NOTE: Information on current
regulations about the employment of minors is available from the local office of
the Oregon Bureau of Labor and Industries, or by writing to: Wage and Hour Division,
Oregon Bureau of Labor, 800 NE Oregon Street, Suite 1045, Portland, OR 97232. Phone:
971-673-0761. Fax: 971-673-0769.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06; OSHA 4-2010, f. 7-8-10,
cert. ef. 1-1-11
Definitions
437-004-0100
Universal Definitions
(1) These definitions apply throughout
Division 4, Agriculture, except that the definitions in Subdivision 4/W, adopted
from 40 CFR 170, Worker Protection Standard, apply to the rules within that Subdivision.
(a) Accepted — Something
is accepted if:
(A) A nationally recognized
testing laboratory has inspected it and found it to conform to specified plans or
to procedures of applicable codes; or
(B) It is verified by design,
evaluation, or inspection by a registered professional engineer; or
(C) It is acknowledged by
the authority having jurisdiction, the agency, office, or organization that is responsible
for approving specific equipment, materials, installations, or procedures. (Examples
of such authorities include the U.S. Department of Transportation, the U.S. Coast
Guard, the Oregon Building Codes Division, and the Office of the State Fire Marshal.)
(b) Agricultural employer
— means any person, corporation, association, or other legal entity who meets
the definition of an employer in ORS 654.005(5) and who:
(A) Owns or operates an agricultural
establishment; or
(B) Recruits and supervises
employees who work for an agricultural establishment; or
(C) Is responsible for the
management or condition of, or exercises direction and control over the production
on, an agricultural establishment.
(c) Agricultural establishment
— means a farm, ranch, nursery, greenhouse, or production facility that is
a place of employment and is engaged in the activities described in Division 4/A,
437-004-0002 Scope.
(d) Approved — means
acceptable for the purposes of rule compliance, under the following criteria:
(A) It is accepted, or certified,
or listed, or labeled or otherwise determined to be safe by a nationally recognized
testing laboratory; or
(B) If an installation or
equipment is of a kind which no nationally recognized testing laboratory accepts,
certifies, lists, labels, or determines to be safe, it has been inspected or tested
by another authority having jurisdiction and found to be in compliance with the
provisions of the applicable code; or
(C) Custom-made equipment
or related installations that are designed and fabricated for a certain intended
use by its manufacturer. The employer must keep and make available the test data
that is used as the basis of this approval, for inspection.)
(e) Boiling point —
The temperature at which the liquid form of a substance changes into a vapor, at
a standard atmospheric pressure. The initial boiling point of a substance is determined
according to test methods specified in Appendix B to Division 2/Z, 1910.1200, Hazard
Communication Standard.
(f) CAS — is the Chemical
Abstracts Service Registry Number, a unique numerical identifier assigned by the
Chemical Abstracts Service to every chemical described in the open scientific literature.
(g) Capacity — is the
maximum load or severity of service (determined by the manufacturer or a qualified
engineer) that a tool, machine, equipment, structure, or material is expected to
withstand without failure, deformation, separation or fracture.
(h) Certified — is
something that:
(A) Was tested and found
by a nationally recognized testing laboratory to meet recognized standards or to
be safe for use in a specified manner, or
(B) Is of a kind whose production
is periodically inspected by a nationally recognized testing laboratory, and
(C) Shows a label, tag, or
other record of certification.
(i) Combustible — A
substance or material that is able or likely to catch fire and burn.
(j) Combustible liquid —
The “combustible liquid” classification is no longer used in Division
4 rules because it was eliminated by the globally harmonized classification and
labeling system (GHS) adopted in OSHA’s Hazard Communication Standard. Any
liquid with a flash point of 199.4°F (93 degrees C.) or less is considered
to be one of the four categories of flammable liquids. (See “Flammable liquids,”
below.)
NOTE: The term “combustible liquid”
is still used by the National Fire Protection Association (NFPA) system of classification
and by the Oregon State Fire Marshal to classify liquids that will burn but do not
ignite as easily as flammable liquids. The NFPA system defines some chemicals as
“combustible liquids” that would be included as a category of “flammable
liquid” in the OSHA/GHS classification system. (See Appendix A to Subdivision
4/H, 437-004-0720 Flammable Liquids, for a comparison of the GHS and NFPA systems
of classification of flammable/combustible liquids.)
(k) Competent person – is a person
who, because of training and experience, can identify existing and predictable hazards
in equipment, material, conditions or practices; and, who has the knowledge and
authority to take corrective steps.
(l) Explosive — something
capable of causing damage to the surroundings by chemical reaction. Explosives are
defined in Appendix B to 1910.1200 – Physical Hazard Criteria at B.1 EXPLOSIVES.
(m) Farming — Is the
production of agricultural field crops, tree crops; horticultural specialties, greenhouse
crops; and the production of livestock and animal specialties. Farming includes
farm labor and management services; agricultural services and support activities
(such as soil preparation; crop cultivation, protection, and harvesting;) and, the
basic preparation of the crop or commodity for market. The farming production process
is typically completed at the “farm gate” – that is, at the point
of first sale or price determination.
NOTE: Throughout this division, the
term “farming,” “agriculture,” “production agriculture,”
and “agricultural operations” are synonymous.
(n) Flammable — Capable of being
easily ignited, burning intensely, or having a rapid rate of flame spread. Flammable
substances are defined in Appendix B to 1910.1200 — Physical Hazard Criteria
at B.2 FLAMMABLE GASES, B.3 FLAMMABLE AEROSOLS, B.6 FLAMMABLE LIQUIDS, and B.7 FLAMMABLE
SOLIDS.
(o) Flammable liquids —
are liquids having a flash point at or below 199.4 degrees F. (93 degrees C.) As
defined in the globally harmonized system of classification and labeling (GHS) adopted
in OSHA’s Hazard Communication Standard, flammable liquids are divided into
four categories as follows:
(A) Category 1 includes liquids
that have a flashpoint below 73.4 degrees F. (23 degrees C.) and have a boiling
point at or below 95 degrees F. (35 degrees C.)
(B) Category 2 includes liquids
that have a flashpoint below 73.4 degrees F. (23 degrees C.) and have a boiling
point above 95 degrees F. (35 degrees C.)
(C) Category 3 includes liquids
that have a flashpoint in a temperature range from at or above 73.4 degrees F. (23
degrees C.) to at or below 140 degrees F. (60 degrees C.)
(D) Category 4 includes liquids
that have a flashpoint in a temperature range from above 140 degrees F. (60 degrees
C.) to at or below 199.4 degrees F. (93 degrees C.)
NOTE: Examples of some common flammable
liquids are:
Category 1: Diethyl ether (solvent
sometimes used in starting fluid).
Category 2: Gasoline (Benzene,
Ethanol).
Category 3: Kerosene, Stoddard
Solvent.
Category 4: Diesel fuel, Naphthalene.
(p) Flashpoint — is the minimum
temperature at which a liquid gives off vapor within a test vessel in sufficient
concentration to form an ignitable mixture with air near the surface of the liquid,
as determined by specific testing methods. These test methods are specified in Appendix
B to Division 2/Z, 1910.1200, Hazard Communication Standard.
(q) Hazardous Chemical —
is any chemical which is classified, under the requirements of the Hazard Communication
Standard, as a physical hazard or a health hazard, a simple asphyxiant, combustible
dust, pyrophoric gas, or hazard not otherwise classified.
NOTE: See Division 2/Z, 1910.1200 Hazard
Communication Standard, for more information.
(r) Ignition source — the origin
of something that results in a fire or an explosion. Examples include open flames;
smoking; cutting and welding; hot surfaces and radiant heat; frictional heat; static,
electrical, and mechanical sparks; chemical and physical-chemical reactions; spontaneous
ignition; and lightning.
(s) Labeled — Something
is labeled if:
(A) It has an attached label,
symbol, or other identifying mark of a nationally recognized testing laboratory
that makes periodic inspections of the production of such equipment; or
(B) The attached information
indicates compliance with nationally recognized standards or tests to determine
safe use in a specified manner.
(t) Listed — is something
mentioned in a list that:
(A) Is published by a nationally
recognized laboratory that makes periodic inspection of the production of such equipment,
and
(B) States such equipment
meets nationally recognized standards or was tested and found safe for use in a
specified manner.
(u) Nationally Recognized
Testing Laboratory — (NRTL) is defined in 1910.7 Definition and Requirements
for a Nationally Recognized Testing Laboratory and OAR 437-002-0007 Oregon Rule
on Testing and Certification Program. (Examples of organizations in this category
are Factory Mutual Engineering Corporation, and Underwriters’ Laboratories.)
(v) Place of employment —
is every place (fixed, movable or moving) where an employee works or is intended
to work. It includes every place where (either temporarily or permanently) there
is any activity related to an employer's business, including a labor camp.
NOTE: “Place of employment”
does not include a place where the only employment involves nonsubject workers employed
in or about a private home; or a farm where only the farm’s family members
are employed.
(w) Qualified person — is a person
who has a recognized degree, certification, professional standing, knowledge, training
or experience; and has successfully demonstrated the ability to perform the work,
or solve or resolve problems relating to the work, subject matter, or project.
(x) Reasonable means —
is what a prudent person, familiar with the circumstances of the industry would
do to work in a safe and healthful manner.
(y) Safeguard — is
any form of safety device or equipment; personal protective equipment; guard or
barricade; warning device, sign, or method; or a process prescribed or adopted for
the protection of an employee.
(z) Substantial — means
constructed with sufficient strength or installed to provide ample support to withstand
loads to which the structure or device may be subjected.
(aa) Worker — is identical
in every respect to “employee” as defined in ORS 654.005(4) including:
(A) Any individual, including
a minor, whether lawfully or unlawfully employed, who engages to furnish services
for a remuneration, financial or otherwise, subject to the direction and control
of an employer; and
(B) 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.
(bb) Workplace — See
“Place of Employment,” above.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 3-2014, f. & cert. ef. 8-8-14
437-004-0150
Standards Organizations
Division 4 references various standards
from the following organizations. More information is available from:
(1) (ACGIH) American Conference
of Governmental Industrial Hygienists http://www.acgih.org/ 1330 Kemper Meadow Drive
Cincinnati, Ohio 45240, USA Customers/Members Phone: 513-742-2020 Fax: 513-742-3355
(2) (ANSI) American National
Standards Institute http://www.ansi.org/ ANSI Standards Store Customer Service Department
25 W 43rd St, 4th Floor New York, NY 10036 Phone: (212) 642-4980 Fax: (212) 302-1286
(3) (API) American Petroleum
Institute http://www.api.org/ 1220 L Street, NW Washington, DC 20005-4070 (202)
682-8000
(4) (ASABE) American Society
of Agricultural and Biological Engineers http://www.asabe.org/standards.aspx 2950
Niles Rd St. Joseph, MI 49085 Toll-Free: (800) 371-2723 Fax: (269) 429-3852
(5) (ASHRAE) American Society
of Heating, Refrigeration, and Air Conditioning Engineers www.ashrae.org ASHRAE
Bookstore http://www.techstreet.com/ashrae/index.html 3916 Ranchero Dr Ann Arbor,
MI 48108 Phone: (800) 699-9277 Fax: (734) 780-2046
(6) (ASME) American Society
of Mechanical Engineers http://www.asme.org/ Two Park Avenue New York, NY 10016-5990
Phone: (800) 843-2763
(7) ASTM International (Formerly
American Society for Testing and Materials) http://www.astm.org Sales and Customer
Support PO Box C700 West Conshohocken, PA 19428-2959 Phone: (877) 909-2786
(8) (AWS) American Welding
Society http://www.aws.org AWS Bookstore/Customer Service 13301 NW 47th Ave Miami,
FL 33054 Toll-free: 888-WELDING Fax: (305) 826-6195
(9) (CGA) Compressed Gas
Association http://www.cganet.com Customer Service 14501 George Carter Way Suite
103 Chantilly VA 20151 Phone: (703) 788-2700 Fax: (703) 961-1831
(10) (CMAA) Crane Manufacturers
Association of America http://www.mhi.org/cmaa 8720 Red Oak Blvd Suite 201 Charlotte,
NC 28217 Phone: (704) 676-1190 Fax: (704) 676-1199
(11) FM Global (Formerly
Factory Mutual Engineering Corporation) www.fmglobal.com Customer Service (Resource
Catalog) Phone: (877) 364-6726
(12) (IAPMO) International
Association of Plumbing and Mechanical Officials http://www.iapmo.org 4755 E Philadelphia
St Ontario, CA 91761 Phone: (909) 472-4100 Fax: (909) 472-4150
(13) (NFPA) National Fire
Protection Association http://www.nfpa.org 1 Batterymarch Park Quincy, MA 02169-7471
Customer Sales/Member Services Phone: (800) 344-3555 Fax: (800) 593-6372
(14) (NIOSH) National Institute
of Occupational Safety and Health http://www.cdc.gov/niosh/ Centers for Disease
Control and Prevention Clifton Rd. Atlanta Atlanta, GA 30333 1-800-CDC-INFO (1-800-232-4636)
(15) (RMA) Rubber Manufacturers
Association http://www.rma.org/publications/1400 K Street, NW, Suite 900 Washington,
DC 20005 (202) 682-4800
(16) SAE International (Formerly
Society of Automotive Engineers) http://www.sae.org 400 Commonwealth Dr. Warrendale,
PA 15096 Phone: (877) 606-7323 Fax: (724) 776-0790
(17) (UL) Underwriters Laboratories
www.ul.com/ 333 Pfingsten Rd. Northbrook, IL 60062 (847) 272-8800
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 3-2014, f. & cert. ef. 8-8-14
Division 4/C, Safety Awareness
437-004-0240
Safety Orientation for Seasonal
Workers
Definitions:
Hand-labor operations, (as defined
in OAR 437-004-1110(3) and reprinted here for ease of the reader) means agricultural
activities or agricultural operations performed by hand or with hand tools, including:
(a) Hand-cultivation, hand-weeding,
hand-planting, and hand-harvesting of vegetables, nuts, fruits, seedlings, or other
crops (including mushrooms);
(b) Hand packing or sorting, whether
done on the ground, on a moving machine, or in a temporary packing shed in the field.
Seasonal workers are employed in
a job tied to a certain time of year by an event or pattern and for not more than
10 months in a calendar year.
NOTE: The following are
only minimum requirements. Other parts of the agriculture standard require training
for certain types of work in addition to these general orientation requirements.
(1) Application: This applies to agricultural
employers with seasonal workers.
(2) Basic Safety Awareness
Requirements.
(a) You must provide seasonal
workers with at least the following information:
At their orientation meeting
before beginning work for the first time, and;
When work conditions
or locations change in a way that could reasonably affect their safety or health.
(A) Safety and health rules for
their work.
(B) Procedures for workers
to contact supervisors or managers in case of accident, illness, or problems related
to safety or health.
(C) Procedures for treating
injured or sick workers and for summoning emergency assistance.
(D) The location of posted
safety and health information.
(b) If you have employees
with language barriers, you must communicate safety awareness information in a manner
that workers can understand. Include content that is either translated into the
language used to hire and supervise these employees or that is otherwise effectively
conveyed, such as through visual media.
NOTES: Division 4/Z, Hazard Communication,
OAR 437-004-9800(7)(d), requires employers to give a copy of the Oregon OSHA’s Safe Practices When Working Around Hazardous Agricultural Chemicals (#1951)
to every employee. This publication provides an outline of the information that
agricultural employers must provide during the initial training for workers under
both the hazard communication rules and the pesticide worker protection standard
(WPS) as covered in Division 4/W, 170.130(c). Contact Oregon OSHA for copies of
this publication and information about available language formats.
You must provide the initial WPS
training if pesticide products labeled with “agricultural use requirements”
have been used at the place of employment during the 30 days prior to the worker’s
first day of employment or will be used during the worker’s period of employment.
Additional WPS training requirements apply on the sixth day of employment, and in
other work situations that fall under the definition of “pesticide handler.”
See Division 4/W for these additional training requirements.
For seasonal workers doing hand-labor
operations only, you must provide all of the following to meet the initial training
requirements under the WPS, this safety awareness orientation rule, and the hazard
communication rule.
• The training outlined in Safe Practices When Working Around Hazardous Agricultural Chemicals publication.
• The basic safety awareness
requirements information in OAR 437-004-0240.
• Access to material safety
data sheet information for the hazardous chemicals to which they reasonably may
be exposed.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1999, f. &
cert. ef. 4-30-99; OSHA 9-2006, f. & cert. ef. 9-22-06; OSHA 4-2010, f. 7-8-10,
cert. ef. 1-1-11
Safety Committees
437-004-0251
Safety Committees and Safety Meetings
Definitions:
Management — includes all
supervisors and persons who regularly exercise direction and control over workers.
Workers — for the purposes
of determining the need for a safety committee, include both full and part-time
employees.
Purpose. The purpose of safety committees
and safety meetings is to bring workers and management together in a non-adversarial,
cooperative effort to promote safety and health in each workplace. A safety committee
assists the employer by establishing procedures, performing inspections, evaluating
safety and health programs, and recommending changes in workplace conditions and
practices. By participating in safety meetings, workers and management work together
to recognize hazards and to make safety and health improvements at the workplace.
(1) Application: This applies
to agriculture employers with workers other than seasonal workers covered in OAR
437-004-0240.
(2) General Requirements.
(a) You must either have
an effective safety committee or hold effective safety meetings. (See Table 1.)
(b) If you have employees
with language barriers, you must communicate safety awareness information in a manner
that workers can understand. Include content that is either translated into the
language used to hire and supervise these employees or that is otherwise effectively
conveyed, such as through visual media.
(c) If you are a labor contractor,
you must have a committee or meetings based on the number of employees that you
direct and control.
NOTE: Nothing in these rules
prevents you from having seasonal workers attend safety meetings.
Table 1
IF:         You
can have a    You can have safety          safety
committee   meetings instead of a                safety
committee
You have 10 or fewer
workers at a location:      Yes      Yes
You have more than
10 workers at a location:      Yes      No
You have satellite or auxiliary
worksites with 10 or fewer
workers at each location:      Yes      Yes
(3) Safety Committees.
(a) Management’s Duties.
(A) Pay members at their
regular rate of pay for attending the meetings, trainings, inspections, and other
functions required by this rule.
(B) Provide committee members
with timely access to these rules (OAR 437-004-0251) and to all Oregon OSHA standards
that apply to their work.
(C) Respond to safety committee
recommendations within a reasonable time.
(b) Effective Safety Committees.
You must ensure that the committee produces at least the following results:
(A) Employees are aware of
the committee, who is on it, when it meets and how information is shared between
management and workers.
(B) Employees are aware of
their right to have their safety and health concerns heard by the committee.
(C) Employees know the employer’s
method or system for reporting safety and health concerns, incidents, and accidents.
(c) Centralized Safety Committee.
You may choose a centralized safety committee if all of the following apply:
(A) You have more than one
geographic employment location.
(B) The locations are close
enough to ensure that a joint committee meets the requirements in OAR 437-004-0251(2)(b),
Effective Safety Committees.
(C) The joint committee represents
the safety and health concerns of all employees at all locations.
(d) Membership and Training.
(A) Have at least two members
on your committee if you have 20 or fewer workers. Have at least four members if
you have more than 20 workers. Members should represent the major activities of
your business.
(B) Have an equal number
of employer-selected members and worker-elected or volunteer members. If both parties
agree, the committee may have more worker-elected or volunteer members.
NOTE: Management can select a supervisor
or other employee to represent them. Workers can volunteer or elect any peer as
a representative.
(C) Provide training on the purpose
and operation of the safety committee, in hazard identification, and in the principles
of accident investigation.
NOTE: Oregon OSHA provides no-cost,
safety committee-related training available through the web site at www.orosha.org/education.html.
(D) Have members serve a minimum of
one year, when possible.
(E) Have a majority agree
on a chairperson.
(e) Safety Committee Functions.
Ensure that the committee does all of the following:
(A) Meets at least monthly,
except in those months when quarterly inspections occur.
(B) Establishes procedures
for doing the quarterly safety and health inspections required by OAR 437-004-0099(3).
Persons performing inspections must be trained in hazard identification.
(C) Reviews all quarterly
safety and health inspection reports and makes recommendations to eliminate identified
hazards.
(D) Works with management
to establish procedures for investigating all safety incidents, accidents, work-related
illnesses, and fatalities. Persons investigating these events must be trained in
the principles of accident investigation.
NOTE: OAR 437-004-0099(4) requires
agricultural employers to investigate every work-related lost-time injury.
(E) Evaluates all investigation reports
and makes recommendations for ways to prevent recurrence.
(F) Sets guidelines for the
training of safety committee members.
(G) Evaluates the accident
and illness prevention programs at the workplace.
(f) Safety Committee Records.
(A) Ensure that records have
at least the following information.
(i) Meeting date.
(ii) Names of those attending.
(iii) All reports, inspections,
evaluations, recommendations, management responses, and other safety and health-related
items brought before the committee.
(iv) The date that management
agrees to respond to specific recommendations.
(B) Make these records available
to all employees and to Oregon OSHA representatives, upon request.
(C) Maintain these records
for at least three years.
(4) Safety Meetings
(a) Effective Safety Meetings.
You must ensure that safety meetings produce at least the following results:
(A) Employees are aware of
safety meetings, when and where they are held, and how information is shared between
management and workers.
(B) Employees know that they
have a right to have their safety and health concerns heard and questions answered
at safety meetings.
(C) Employees know the employer’s
method or system for reporting safety and health concerns, incidents, and accidents.
(b) Meeting Requirements.
Safety meetings must have all of the following characteristics:
(A) Include all available
employees.
(B) Include at least one
employer representative.
(C) Be on company time with
attendees paid at their regular rate of pay.
NOTE: If you have questions about this,
contact the Oregon Bureau of Labor and Industries.
(D) Occur at least monthly.
(c) Meeting content. Safety
meetings must include the following:
(A) Information about safety
and health issues relevant to the workplace.
(B) Reports from quarterly
workplace safety inspections and from investigations of any work-related, time-lost
injuries, including suggested corrective measures.
NOTE: OAR 437-004-0099(3) requires
a competent person to inspect the agricultural workplace at least quarterly. OAR
437-004-0099(4) requires agricultural employers to investigate every work-related
lost-time injury. See Division 4/A for details.
(C) Opportunities for employees to ask
questions, bring up safety and health concerns, and make suggestions.
(D) Information that is presented
in a manner that can be understood by all employees.
(d) Meeting Records.
(A) Meeting notes must include
the following information:
(i) Meeting date.
(ii) Names of those attending.
(iii) Topics discussed.
(B) Keep the records for
at least 3 years.
(C) Make the records available
to your employees and to Oregon OSHA representatives, upon request.
NOTE: If all your employees attend
a safety meeting, you are only required to record the meeting date and a list of
the employees attending.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-2010, f. 7-8-10,
cert. ef. 1-1-11
Work Surfaces
437-004-0310
Working Surfaces
(1) Scope. This section applies to all
places of agricultural employment. Measures to control toxic materials are outside
the scope of this section.
(2) Housekeeping. Floors,
work areas, aisles and passageways must be in good repair and must not have protruding
nails, unevenness, obstructions, debris or loose boards that create a hazard.
(3) Aisles, walkways, inclines
and passageways.
(a) There must be sufficient
clearance for safe operation of mechanical handling equipment in aisles, at loading
docks, through doorways and at turns. Aisles and passageways must be clear and in
good repair with no obstructions that could be a hazard.
(b) Mark permanent aisles
and passageways.
(c) Aisles, passageways,
and walkways must be wide enough for safe work but never less than 22 inches wide.
Passageways more than 4 feet above the ground or floor level must have standard
guardrails.
(d) Fixed inclined walkways
must be at least 22 inches wide, incline at no more than 24 degrees and be securely
fastened at the top and bottom. They must have guardrails on each open side.
(e) Inclined walkways that
may be slippery must have anti-slip surfaces or cleats secured at uniform intervals
of not more than 18 inches, and extending the full width of the walkway.
(f) Inclines from floor to
floor, without open sides, used instead of stairways must have standard railings
according to the requirements for stairways.
(g) Ramps for wheelbarrows,
if made of planking, must have an odd number of planks with no cleats on the center
plank.
(4) Covers and guardrails.
There must be covers and/or guardrails to protect people from the hazards of open
pits, tanks, vats, excavations, etc.
(5) Surface loads. For all
new and remodel construction after December 1, 1997, post the load capacities on
overhead storage areas. Do not allow overloading.
(6) Barriers. There must
be protective barriers or suitable guards for uncovered openings or excavations
that are accessible to vehicle or pedestrian traffic. Use warning lights or flares
if working at night.
(7) Vertical clearances.
There must be a vertical clearance of at least 6-1/2 feet over work areas. Where
it is impractical to provide this clearance, use padding, contrasting paint or similar
warnings on overhead obstructions.
NOTE: This does not apply to crop storage
areas where people are there for short periods.
(8) Working above other workers. Areas
above other workers, for handling or mixing acids, caustics, or other harmful materials
must have water-tight floors that drain to a safe location, except where workers
underneath wear personal protective equipment suitable for the hazard.
Stat. Auth.: ORS 654.025(2) & 656.726(3)
Stats. Implemented: ORS 654.001
- 654.295
Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0320
Guarding Floor and Wall Openings
and Holes
(1) Definitions: Unless otherwise stated,
these terms mean:
(a) Floor hole. An opening
less than 12 inches but more than 1 inch in its least dimension, in any walking
surface, through which materials but not persons may fall. This includes belt holes,
pipe openings, or slot openings.
(b) Floor opening. An opening
12 inches or more in its least dimension, in any walking surface through which persons
may fall including hatchways, stairs or ladder openings, pits, or large manholes.
Floor openings occupied by elevators, dumb waiters, conveyors, machinery, or containers
are excluded from this subdivision.
(c) Handrail. A single bar
or pipe supported on brackets from a wall or partition, and used as a handhold for
persons on stairs or ramps.
(d) Platform. An elevated
work space; such as a balcony or mezzanine for the operation of machinery and equipment.
(e) Runway. An elevated passageway,
such as a footwalk along shafting or a walkway between buildings.
(f) Stair railing. A vertical
barrier along exposed sides of a stairway to prevent people from falling.
(g) Standard railing. A vertical
barrier along exposed edges of a floor opening, wall opening, ramp, platform, or
runway to prevent people from falling.
(h) Standard strength and
construction. Any construction of railings, covers, or other guards that meets the
requirements of OAR 437-004-0320(6).
(i) Toeboard. A vertical
barrier at floor level along exposed edges of a floor opening, wall opening, platform,
runway, or ramp to prevent things from falling.
(j) Wall hole. An opening
less than 30 inches but more than 1 inch high, of unrestricted width, in any wall
or partition; such as a ventilation hole.
(k) Wall opening. An opening
at least 30 inches high and 18 inches wide, in any wall or partition, through which
persons may fall; such as a window, doorway or chute opening.
(2) Floor openings and floor
holes.
(a) Stairway floor openings
must have a standard railing, that complies with OAR 437-004-0320(6), on all exposed
sides (except at entrance to the stairway). For infrequently used stairways where
traffic across the opening prevents the use of fixed standard railing, the guard
must be a hinged floor opening cover of sufficient strength and removable standard
railings on all exposed sides (except at entrance to the stairway).
(b) Ladder way floor openings
or platforms must have a standard railing with standard toeboard on all exposed
sides (except at entrance to opening). The passage through the railing must either
have a swinging gate or be offset so that a person cannot walk directly into the
opening.
(c) Hatchways and chute floor
openings must have one of the following:
(A) Hinged floor opening
cover with standard railings. When the opening is not in use, close the cover or
guard the exposed sides at both top and intermediate positions by removable standard
railings.
(B) A removable railing with
toeboard on not more than two sides of the opening and fixed standard railings with
toeboards on all other exposed sides. The removable railings must be in place when
the opening is not in use.
(C) Where operating conditions
necessitate the feeding of material into any hatchway or chute opening, protection
must prevent a person from falling through the opening.
(d) Skylight floor openings
and holes must have a standard skylight screen or a fixed standard railing on all
exposed sides.
(e) Pit and trapdoor floor
openings must have a floor opening cover of sufficient strength. While the cover
is not on, an attendant must be at the pit or trap opening or there must be removable
standard railings on all sides.
(f) Manhole floor openings
must have a standard manhole cover that need not be hinged in place. While the cover
is off, there must be an attendant at the manhole opening or it must have removable
standard railings.
(g) Temporary floor openings
must have standard railings, or an attendant.
(h) Floor holes into which
persons can accidentally walk must have either:
(A) A standard railing with
standard toeboard on all exposed sides; or
(B) A floor hole cover of
sufficient strength. While the cover is off, the floor hole must have an attendant
or a removable standard railing.
(i) Floor holes into which
persons cannot accidentally walk must have a cover that leaves no openings more
than 1 inch wide. The cover must be securely held in place to prevent tools or materials
from falling through.
(j) Where doors or gates
open directly on a stairway, there must be a platform, and the swing of the door
must not reduce the effective width to less than 20 inches.
(3) Wall openings and holes.
(a) Wall openings with a
drop of more than 4 feet must have one of the following:
(A) Rail, roller, picket
fence, half door, or equivalent barrier. Where there is exposure below to falling
materials, there must be a toe board or the equivalent. When the opening is not
in use for handling materials, the guard must be in position regardless of a door
on the opening. In addition, there must be a grab handle on each side of the opening
with its center about 4 feet above floor level and of standard strength and mounting.
(B) Extension platform to
receive hoisted materials for handling. It must have side rails or equivalent guards
of standard specifications.
(b) Chute wall openings with
a drop of more than 4 feet must have one or more of the barriers in (3)(a) above
or as required by the conditions.
(c) Window wall openings
at a stairway landing, floor, platform, or balcony, with a drop of more than 4 feet,
and where the bottom of the opening is less than 3 feet above the platform or landing,
must have a guard of standard slats, standard grill work (as in OAR 437-004-0320(6)(k)),
or standard railing.
(d) Where the window opening
is below the landing, or platform, there must be a standard toeboard.
(e) Every temporary wall
opening must have adequate guards but these need not be of standard construction.
(f) Where there is a hazard
of materials falling through a wall hole, and the lower edge of the near side of
the hole is less than 4 inches above the floor, and the far side of the hole more
than 5 feet above the next lower level, the hole must have a standard toeboard,
or a solid enclosing screen, or one as described in OAR 437-004-0320(6)(k).
(4) Open-sided floors, platforms,
and runways.
(a)(A) Open-sided floors
or platforms 4 feet or more above adjacent floor or ground level must have a standard
railing (or the equivalent from OAR 437-004-0320(6)(c)) on all open sides except
where there is entrance to a ramp, stairway, or fixed ladder. The railing must have
a toeboard where, beneath the open sides:
(i) Persons can pass;
(ii) There is moving machinery;
or
(iii) There is equipment
with which falling materials could create a hazard.
(B) When operating conditions
make it necessary, the railing may be left off of one side if the platform is at
least 18 inches wide.
EXCEPTION: When things regularly have
to be passed over the edge of the floor, as in hay storage, there is no requirement
for the intermediate railing and toeboard. This exception applies also where the
railing is set back from the edge 12 inches or more. There is no requirement for
any railing when the employer can show that it creates a greater hazard than working
without one.
(b) Runways must have a standard railing
(or the equivalent from OAR 437-004-0320(6)(c)) on all open sides 4 feet or more
above floor or ground level. Where the use of tools, machine parts, or materials
on the runway is likely, there must be a toeboard on each exposed side.
NOTE: Runways exclusively for special
purposes may omit the railing on one side when operating conditions make it necessary,
if the runway is at least 18 inches wide. Where persons entering runways have exposure
to machinery, electrical equipment, or other dangers, additional guarding may be
required for protection.
(c) Regardless of height, open-sided
floors, walkways, platforms, or runways above or adjacent to dangerous equipment
must have a standard railing and toeboard.
(5) Stairway railings and
guards.
(a) Stairs with four or more
risers must have standard stair railings or standard handrails from (A) through
(E) below. Measure the width of the stairs clear of all obstructions except handrails:
(A) On stairways less than
44 inches wide with both sides enclosed, at least one handrail, preferably on the
right side descending.
(B) On stairways less than
44 inches wide with one side open, at least one stair railing on open side.
(C) On stairways less than
44 inches wide with both sides open, one stair railing on each side.
(D) On stairways more than
44 inches wide but less than 88 inches wide, one handrail on each enclosed side
and one stair railing on each open side.
(E) On stairways 88 or more
inches wide, one handrail on each enclosed side, one stair railing on each open
side, and one intermediate stair railing approximately midway of the width.
(b) Winding stairs must have
a handrail offset to prevent walking on any treads less than 6 inches wide.
(6) Railing, toeboards, and
cover specifications.
(a) A standard railing must
have a top rail, intermediate rail, and posts, and must be between 36 and 44 inches
high from the upper surface of the top rail to the walking surface. The top rail
must be smooth. The intermediate rail must be about halfway between the top rail
and the floor, platform, runway, or ramp. The ends of the rails must not overhang
the terminal posts except where such overhang is not a projection hazard.
(b) A stair railing must
be similar to a standard railing but the height must be between 30 and 36 inches
from upper surface of top rail to surface of tread in line with face of the riser
at the forward edge of tread.
(c)(A) For wood railings,
the posts must be at least 2-inch by 4-inch stock spaced not to exceed 6 feet; the
top and intermediate rails must be at least 2-inch by 4-inch stock. If top rail
is made of two right-angle pieces of 1-inch by 4-inch stock, posts may be spaced
on 8-foot centers, with 2-inch by 4-inch intermediate rail.
(B) For pipe railings, posts
and top and intermediate railings must be at least 1-1/2 inches nominal diameter
with posts spaced not more than 8 feet on center.
(C) For structural steel
railings, posts and top and intermediate rails must be of 2-inch by 2-inch by 3/8-inch
angles or other metal shapes of equivalent bending strength with posts spaced not
more than 8 feet on center.
(D) The anchoring of posts
and framing of members for railings of all types must be strong enough that the
completed structure can withstand a load of at least 200 pounds applied in any direction
at any point on the top rail.
(E) Other types, sizes, and
arrangements of railing construction are acceptable if they meet the following conditions:
(i) A smooth-surfaced top
rail at a height above floor, platform, runway, or ramp level of 42 inches nominal;
(ii) A strength to withstand
at least the minimum requirement of 200 pounds top rail pressure;
(iii) Protection between
top rail and floor, platform, runway, ramp, or stair treads, equivalent at least
to that afforded by a standard intermediate rail.
(d) A standard toeboard must
be 4 inches nominal in height from its top edge to the level of the floor, platform,
runway, or ramp. It must be securely fastened in place and with not more than 1/4-inch
clearance above floor level. It may be made of any material either solid or with
openings not more than 1 inch in greatest dimension. Where material can fall through
the space between the standard toeboard and mid rail, there must be paneling or
screen from floor to the mid rail. If material can fall through the space between
the mid rail and top rail, there also must be paneling or screen there.
(e)(A) A handrail must have
a lengthwise member mounted directly on a wall or partition. Mounting brackets must
attach to the lower side of the handrail so that the top and sides are smooth. The
handrail must furnish an adequate handhold for anyone grasping it to avoid falling.
(B) The height of handrails
must be 30 to 34 inches from upper surface of handrail to surface of tread in line
with face of a riser or to surface of the ramp.
(C) Hardwood handrails must
be at least 2 inches in diameter. Metal pipe handrails must be at least 1-1/2 inches
in diameter. Brackets must be long enough to give at least 1-1/2 inches clearance
between handrail and wall. Bracket spacing must be not more than 8 feet.
(D) Handrails must be able
to withstand a load of at least 200 pounds applied in any direction at any point
on the rail.
(f) All handrails and railings
must have a clearance of at least 1-1/2 inches between the handrail or railing and
any other object.
(g) Floor opening covers
may be of any material that meets the following strength requirements:
(A) Trench or conduit covers
and their supports must be able to stand a truck rear-axle load of at least 20,000
pounds if they are where vehicles can pass over them.
(B) Floor opening covers
may be made of any material strong enough to handle the load. Covers may project
not more than 1 inch above the floor level if all edges are beveled to an angle
with the horizontal of not more than 30 degrees. All hinges, handles, bolts, or
other parts must be flush with the floor or cover surface.
(h) Skylight screens must
be capable of withstanding a load of at least 200 pounds applied perpendicularly
on the screen. They must be strong enough that under ordinary loads or impacts,
they will not deflect downward sufficiently to break the glass below them. Those
with grillwork must have openings not more than 4 inches long. Those of slatwork
must have openings not more than 2 inches wide with length unrestricted.
(i) Wall opening barriers
(rails, rollers, picket fences, and half doors) must be capable of withstanding
a load of at least 200 pounds applied in any direction (except upward) on the top
rail or corresponding member.
(j) Wall opening grab handles
must be not less than 12 inches long and mounted to give 3 inches clearance from
the side framing of the wall opening. The size, material, and anchoring of the grab
handle must be such that it can withstand a load of at least 200 pounds applied
in any direction.
(k) Wall opening screens
must be able to withstand a load of at least 200 pounds applied horizontally on
the near side of the screen. They may be solid, grillwork with openings not more
than 8 inches long, or slatwork with openings not more than 4 inches wide with length
unrestricted.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0330
Fixed Industrial Stairs
(1) Definitions. Unless otherwise stated,
fixed industrial stair terms mean:
(a) Handrail. A single bar
or pipe supported on brackets from a wall or partition, and used as a handhold for
persons on stairs or ramps.
(b) Nose, nosing. That part
of a tread projecting beyond the face of the riser.
(c) Open riser. The space
between the treads of stairways without upright parts (risers).
(d) Platform. An extended
step or landing breaking a continuous run of stairs.
(e) Railing. A vertical barrier
along exposed sides of stairs and platforms to prevent people from falling. The
top rail usually serves as a handrail.
(f) Rise. The vertical distance
from the top of a tread to the top of the next higher tread.
(g) Riser. The upright part
of a step at the back of a lower tread and near the leading edge of the next higher
tread.
(h) Stairs, stairway. A set
of steps with three or more risers, from one level or floor to another, or leading
to platforms, pits or around machinery, tanks, and other equipment.
(i) Tread. The horizontal
part of a step.
(j) Tread run. The horizontal
distance from the leading edge of a tread to the leading edge of an adjacent tread.
(k) Tread width. The horizontal
distance from front to back of tread including nosing.
(2) Application. This section
has specifications for the safe design and construction of fixed stairs. This includes
interior and exterior stairs around machinery, tanks, and other equipment, and stairs
leading to or from floors, platforms, or pits. This section does not apply to stairs
used for fire exits, private residences or articulated stairs, the angle of which
changes with the rise and fall of the base support.
(3) Where fixed stairs are
required. There must be fixed stairs where work requires regular travel between
floors or levels, and access to operating platforms at any equipment that requires
frequent attention. There also must be fixed stairs for daily access to elevations
or for access at each shift for such purposes as inspection, regular maintenance,
etc. There must be fixed stairs where work may expose employees to acids, caustics,
gases, or other harmful substances, or where employees normally must carry tools
or equipment by hand. (It is not the intent of this section to preclude using fixed
ladders for access to elevated tanks, towers, and similar structures, etc., where
their use is common practice.) Spiral stairs are not legal except for special limited
use and secondary access situations where it is not practical to provide a conventional
stairway. Winding stairs are acceptable on tanks and similar round structures where
the diameter of the structure is at least five (5) feet.
(4) Stair strength. Fixed
stairs must be able to carry a load of five times the normal live load anticipated
but never less than a moving concentrated load of 1,000 pounds.
(5) Stair width. Fixed stairs
must be at least 22 inches wide.
(6) Angle of stairway rise.
Fixed stairs must be at angles to the horizontal of between 30° and 50°.
Use any uniform combination of rise/tread dimensions that will result in stairs
at an angle to the horizontal between 30° and 50°. Table 1 gives rise/tread
dimensions that will produce stairs within this range. However, other allowable
rise/tread combinations are possible. [Table not included. See ED. NOTE.]
(7) Stair treads. All treads
must be slip-resistant and the nosings must be a nonslip finish. Welded bar grating
treads without nosings are acceptable if the leading edge can be readily identified
by people descending the stairs and if the tread is serrated or is of nonslip design.
Rise height and tread width must be uniform throughout any flight of stairs including
any foundation structure used as one or more treads of the stairs. Treads must not
be loose. Replace or repair defective treads quickly.
(8) Stairway platforms. Stairway
platforms must be no less than the width of the stairway and a minimum of 30 inches
long measured in the direction of travel.
(9) Railings and handrails.
There must be standard railings on the open sides of exposed stairs and stair platforms.
There must be handrails on at least one side of closed stairs preferably on the
right side going down. Stair railings and handrails must comply with OAR 437-004-0320.
(10) Vertical clearance.
Vertical clearance above any stair tread to an overhead obstruction must be at least
6-1/2 feet measured from the leading edge of the tread.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)
Stats. Implemented: ORS 654.001-654.295
Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0340
Portable Ladders
(1) Definitions. Portable ladder terms
mean:
(a) Check. A lengthwise separation
of the wood, most of which occurs across the rings of annual growth.
(b) Compression failure.
A deformation (buckling) of the fibers due to excessive compression along the grain.
(c) Decay. Disintegration
of wood substance due to action of wood-destroying fungi. It is also known as dote
and rot.
(d) Extension ladder. A nonself-supporting
portable ladder of adjustable length. It has two or more sections that adjust to
varied lengths.
(e) Extension trestle ladder.
An adjustable, self-supporting portable ladder made of a trestle ladder base and
a vertical extension section.
(f) Ladder. A device with
steps, rungs or cleats between rails, for people to climb up or down.
(g) Low density wood. Exceptionally
light in weight and usually deficient in strength for the species.
(h) Platform ladder. A fixed
length, self-supporting portable ladder with a platform at the highest permissible
standing level.
(i) Platform. A landing surface
for working or standing.
(j) Reinforced plastic. A
plastic made stronger than its base by the addition of high strength fillers, usually
fibers, fabrics or mats.
(k) Section.
(A) Bottom or base section.
The lowest section of a nonself-supporting portable ladder.
(B) Middle or intermediate
section. The section(s) between the top (fly) and bottom (base) sections of a nonself-supporting
portable ladder.
(C) Top or fly section. The
uppermost section of a nonself-supporting portable ladder.
(l) Sectional ladder. A nonself-supporting,
fixed length, portable ladder, with two or more sections of ladder that may combine
to work as a single ladder. Its size is the length of the assembled sections.
(m) Shake. A separation along
the grain, most of which occurs between the rings of annual growth.
(n) Single section ladder.
A fixed length, nonself-supporting portable ladder made of one section.
(o) Stepladder. A fixed length,
self-supporting portable ladder with a hinged back.
(p) Top cap. The very top
part of a stepladder.
(q) Top step. The first step
below the top cap of a stepladder. If the ladder has no top cap, the top step is
the first one below the top of the rails.
(r) Trestle ladder. A fixed
length, self-supporting portable ladder made of two sections and hinged at the top.
It can be climbed by two people at once, one per side.
(s) Wane. Bark, or the lack
of wood from any cause, on the corner of a piece.
(t) Wood irregularities.
Natural characteristics in or on wood that may lower its durability, strength, or
utility.
(u) Working Load Rating.
The maximum load authorized by the manufacturer for the ladder.
(2) Application. This standard
covers the selection, use and care of portable ladders used in agriculture. It does
not cover orchard ladders, special ladders, combination step and extension ladders,
aisle way stepladders, and shelf ladders.
(3) Ladder selection. Portable
reinforced plastic (fiberglass) ladders must comply with American National Standard
A14.5-1992. Wood ladders must comply with American National Standard A14.1-1994.
Metal ladders must comply with American National Standard A14.2-1990.
NOTE: Unaltered and properly maintained
ladders that meet the ANSI standard in effect at the time of their manufacture comply
with this standard as do ladders that comply with newer versions of the particular
ANSI standard.
(4) Condition of wood ladders. There
must be no sharp edges or splinters on wood parts. Visual inspection must show no
check, shake, wane, compression failures, decay, or other wood irregularities. Ladders
may not be made of low density wood.
(5) General requirements
— all ladders.
(a) Step spacing must be
uniform and not more than 12 inches. Steps must be parallel and level when the ladder
is in the normal use position.
(b) All joints, attachments
and working parts of ladders must be tight and not worn to a point that causes a
hazard. Do not use ladders with damaged or bent parts.
(c) Replace frayed or badly
worn rope.
(d) Safety feet and other
auxiliary equipment must in good condition.
(e) Inspect ladders and remove
from use any with defects. Ladders awaiting repair must be tagged, “Dangerous,
Do Not Use.”
(f) There can be no dents,
breaks or bends in the side rails or rungs;
(g) Do not make ladders by
fastening cleats across a single rail.
(h) Portable ladders must
have nonslip bases.
(6) General requirements
— portable stepladders.
(a) The minimum width between
side rails at the top, inside to inside, must be not less than 11 1/2 inches. From
top to bottom, the side rails must spread at least 1-inch for each foot of length
of the stepladder.
(b) The bottoms of the four
rails must have insulating nonslip material.
(c) There must be a metal
spreader or locking device strong enough to hold the ladder open. The spreader must
have no sharp points or edges. For Type III ladders, the pail shelf and spreader
can be one unit (a shelf-lock ladder).
(7) Use — all ladders.
Use ladders only for purposes approved or recommended by the manufacturer.
(a) Do not load ladders beyond
their working load rating. Do not allow more than one person at a time on ladders
not intended by the manufacturer to hold more than one person.
(b) Do not use ladders in
front of doors that open toward the ladder without blocking, locking or guarding
the door.
(c) Do not use ladders placed
on boxes, barrels, or other unstable bases to obtain additional height.
(d) Do not use ladders with
broken or missing steps, rungs, or cleats, broken side rails, or other faulty parts.
(e) Do not splice sections
of short ladders together to make a long one.
(f) When used, metal reinforcers
must be on the underside of rails of portable rung ladders.
(g) A ladder for access to
a roof must extend at least 3 feet above the top support point, at the eave, gutter,
or roof line.
(h) Secure ladders as necessary
when used on surfaces that may allow slipping or movement. Use one of the following
methods:
(A) non-slip bases on the
ladder feet; or,
(B) steel points or safety
shoes on the ladder feet, designed for the type of surface the ladder is on; or
(C) nail the ladder to the
floor, or set it against secured blocks or chocks.
NOTE: Non-slip bases are not a substitute
for care in safely placing, lashing, or holding a ladder on oily, metal, concrete,
or slippery surfaces.
(i) Use portable ladders only on a surface
that gives stable, level footing.
(j) The climber must face
the ladder and have free use of both hands when climbing up or down.
(k) Do not step or jump between
erected ladders.
(l) There must be only one
person at a time on a ladder unless its labeling specifically allows use by more
than one person.
(m) Do not use ladders as
planks or bridges between walking surfaces or in other horizontal applications.
(n) Do not use ladders to
gain additional height from elevated surfaces like scaffolds, truck beds, vehicle
bodies, tractor scoops or boom truck buckets.
(o) Do not use metal ladders
or wood ladders with vertical metal parts for electrical work or where they may
contact electric conductors. This type ladder must have markings reading “WARNING
— do not use around energized electrical equipment” or words of equal
meaning.
(8) Use of specific types
of ladders.
(a) Portable stepladders.
Do not use stepladders more than 20 feet long.
(A) Do not climb on the back
section of the ladder unless it has steps meant for climbing. Do not stand on the
top step or top cap of stepladders.
(B) There must be only one
person at a time on the ladder.
(C) Do not use stepladders
in freestanding positions when not fully opened. Do not use them as supports for
working platforms or scaffolding planks.
(b) Portable rung ladders.
(A) Single ladder.
(i) Do not use single ladders
more than 30 feet long.
(ii) Place these ladders
at an angle shown in Figure 1.
(iii) The tops must be tied
down or secured if there is a possibility of sliding or movement.
(iv) Single ladders are acceptable
as fixed ladders only when they comply with 437-004-0360.
(B) Two-section ladder.
(i) Do not use two-section
extension ladders more than 60 feet long. All ladders of this type must have two
sections, one to fit within the side rails of the other, and arranged so that the
upper section will raise and lower.
(ii) Set up and use extension
ladders so that the top section or fly is resting on the bottom section or base.
Rung locks must be in the proper position.
(iii) Place these ladders
at an angle shown in Figure 1.
(iv) The tops must be tied
down or secured if there is a possibility of sliding or movement.
(v) On two-section extension
ladders the minimum overlap for the two sections in use must be as follows: [Figure
not included. See ED. NOTE.]
(C) Sectional ladder.
(i) Do not use assembled
combinations of sectional ladders longer than lengths allowed in this subdivision.
(ii) Place these ladders
at an angle shown in Figure 1.
(iii) The tops must be tied
down or secured if there is a possibility of sliding or movement.
(iv) Do not use three section
extension ladders longer than 72 feet.
(D) Trestle and extension
trestle ladder. Do not use trestle ladders, or extension sections or base sections
of extension trestle ladders more than 20 feet long.
[ED. NOTE: Figures referenced are available
from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06
437-004-0350
Orchard Ladders
Definition: Orchard Ladder. A self-supporting
portable tripod ladder of fixed length. It has two front side rails and a single
back support leg.
(1) Application. This covers
the maintenance, use and care of orchard ladders.
(2) Maintenance.
(a) Each step of wooden orchard
ladders must have these reinforcements:
(A) A steel rod not less
than 0.160 inch in diameter, that passes through metal washers big enough to prevent
pressing into the side rails, and through a truss block between the rod and the
center of each step; or
(B) A metal angle brace on
each end firmly secured to the steps and side rails; or
(C) Construction of equivalent
strength and safety.
(b) If the ladder has rod
reinforcement, the bottom step must also have a metal angle brace on each end securely
attached to the bottom step and side rails.
(c) All steps 27 inches or
longer must have a metal angle brace at each end securely attached to the step and
rail.
(d) The minimum width between
side rails at the highest step for standing, inside to inside, is 9-1/2 inches.
From top to bottom the side rails must spread at least an average of 2-1/2 inches
for each foot of ladder length.
(e) All orchard ladders must
have a top with tightly secured wood or metal brackets or fittings, side rails and
back leg. The back leg must swing freely without excessive play or wear at the joints.
(f) Do not make ladders by
fastening cleats across a single rail.
(g) There must be no dents,
breaks or bends in the side rails or rungs.
(3) Training.
(a) Prior to assigning an
employee to work with orchard ladders, the employer must assure that they have the
necessary skills and knowledge to use the ladder safely; or
(b) The employer must train
new employees about the requirements of this standard and the special procedures
and cautions associated with using an orchard ladder.
(4) Use and care.
(a) Do not use orchard ladders
longer than 16 feet.
(b) Do not use the top as
a step.
(c) Do not allow more than
one person at a time on ladders.
(d) Do not step or jump between
two or more erected ladders.
(e) Do not use ladders to
gain additional height from already elevated surfaces like scaffolds, truck beds,
vehicle bodies, tractor scoops or boom truck buckets.
(f) Inspect ladders before
each use. Do not use any with defects, loose, warped, bent or broken parts. Tag
these ladders, “Dangerous, Do Not Use” until they are fixed.
(g) Do not use metal ladders
or wood ladders with vertical metal parts for electrical work or where they may
contact electric conductors. This type ladder must have markings reading “WARNING
— do not use around energized electrical equipment” or words of equal
meaning.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0360
Fixed Ladders
(1) Definitions. Fixed ladder terms
mean:
(a) Cage. A guard sometimes
referred to as a basket guard that is an enclosure fastened to the side rails of
a fixed ladder or to a structure to encircle the climbing space of the ladder.
(b) Cleats. Ladder cross-pieces
of rectangular cross-section placed on edge on which a person may step when climbing
up or down.
(c) Fastenings. A device
to attach a ladder to a structure, building, or equipment.
(d) Fixed ladder. A ladder
permanently attached to a structure, building, or equipment.
(e) Grab bars. Individual
handholds adjacent to or as an extension above ladders to provide access beyond
the limits of the ladder.
(f) Individual-rung ladder.
A fixed ladder with each rung individually attached to a structure, building, or
equipment.
(g) Ladder. A device with
steps, rungs or cleats between rails, for people to climb up or down.
(h) Ladder safety device.
Any device, other than a cage or well, designed to eliminate or reduce the possibility
of accidental falls, that may use life belts, friction brakes, and sliding attachments.
(i) Pitch. The included angle
between the horizontal and the ladder, measured on the opposite side of the ladder
from the climbing side.
(j) Rail ladder. A fixed
ladder with side rails joined at regular intervals by rungs or cleats and fastened
in full length or in sections to a building, structure, or equipment.
(k) Railings. Any one or
a combination of those railings made according to OAR 437-004-0320. A standard railing
is a vertical barrier along exposed edges of walking surfaces to prevent people
from falling.
(l) Rungs. Ladder cross-pieces
of circular or oval cross-section on which a person may step when climbing up or
down.
(m) Side-step ladder. One
from which a person getting off at the top must step sideways to reach the landing.
(n) Steps. The flat cross-pieces
of a ladder on which a person may step when climbing up or down.
(o) Through ladder. A ladder
from which a person getting off at the top must step through to reach the landing.
(p) Well. A permanent complete
enclosure around a fixed ladder, that is attached to the walls of the well. Proper
clearances for a well will give the climber the same protection as a cage.
(2) Design requirements.
Design considerations: All ladders, appurtenances, and fastenings must meet these
load requirements:
(a) The minimum design live
load must be a single concentrated load of 200 pounds.
(b) Design consideration
must include the number and position of additional concentrated live load units
of 200 pounds each as determined from anticipated use.
(c) Consider the live loads
caused by persons on the ladder to be concentrated at such points as will cause
the maximum stress in the structural member being under evaluation.
(d) Use the weight of the
ladder and attachments together with the live load when designing rails and fastenings.
(e) All wood parts of fixed
ladders must meet the requirements of OAR 437-004-0340(3).
(f) For fixed ladders with
wood side rails and wood rungs or cleats, used at an angle between 75° and
90°, and intended for use by no more than one person per section, single ladders
in OAR 437-004-0340(8)(b)(A) are acceptable.
(3) Specific features.
(a) Rungs and cleats.
(A) All rungs must have a
minimum diameter of 3/4 inch for metal ladders, except as in paragraph OAR 437-004-0360(3)(g)(A)
and a minimum diameter of 1-1/8 inches for wood ladders.
(B) The distance between
rungs, cleats, and steps must be uniform and not more than 12 inches.
(C) The minimum clear length
of rungs or cleats must be 16 inches.
(D) Rungs, cleats, and steps
must not have splinters, sharp edges, burrs, or projections.
(E) The rungs of an individual
rung ladder must not allow the climber’s foot to slide off the end. Figure
2 shows a suggested design. [Figure not included. See ED. NOTE.]
(b) Side rails. Side rails
that might be used as a climbing aid must be of such cross sections as to afford
adequate gripping surface without sharp edges, splinters, or burrs.
(c) Fastenings. Fastenings
must be an integral part of fixed ladder design.
(d) Splices. All splices
must meet design requirements noted in (a) above. All splices and connections must
have smooth transition with original members and no sharp or extensive projections.
(e) Electrolytic action.
Protect dissimilar metals from electrolytic action when they are joined.
(f) Welding. All welding
must be according to the “Code for Welding in Building Construction”
(AWSD1.0-1966).
(g) Protection from deterioration.
Paint or treat metal ladders and attachments to resist corrosion and rusting when
necessary. Ladders with individual metal rungs imbedded in concrete, that serve
as access to pits and to other areas under floors, must have rungs with a minimum
diameter of 1 inch or paint or treatment to resist corrosion and rusting.
(4) Clearance. [Figure not
included. See ED. NOTE.]
(a) Climbing side. On fixed
ladders, the perpendicular distance from the centerline of the rungs to the nearest
permanent object on the climbing side of the ladder must be 36 inches for a pitch
of 76°, and 30 inches for a pitch of 90° (fig. 3), with minimum clearances
for intermediate pitches varying between these two limits in proportion to the slope,
except as in (4)(c) and (e) below.
(b) Ladders without cages
or wells. There must be a clear width of at least 15 inches each way from the centerline
of the ladder in the climbing space, except when cages or wells are necessary.
(c) Ladders with cages or
baskets. Subparagraphs (4)(a) and (b) above do not cover ladders with a cage or
basket. They must conform to (5)(a)(E). Subparagraph (4)(a) above does not cover
fixed ladders in smooth-walled wells. They must conform to (5)(a)(F).
(d) Clearance in back of
ladder. The distance from the centerline of rungs, cleats, or steps to the nearest
permanent object in back of the ladder must be not less than 7 inches, except that
when there are unavoidable obstructions, there must be minimum clearances shown
in Figure 4. [Figure not included. See ED. NOTE.]
(e) Clearance in back of
grab bar. The distance from the centerline of the grab bar to the nearest permanent
object in back of the grab bars must be not less than 4 inches. Grab bars must not
protrude on the climbing side beyond the rungs of the ladder that they serve.
(f) Step-across distance.
The step-across distance from the nearest edge of the ladder to the nearest edge
of equipment or structure must be not more than 12 inches, or less than 2-1/2 inches
(fig. 5). [Figure not included. See ED. NOTE.]
(g) Hatch cover. Counterweighted
hatch covers must open a minimum of 60° from the horizontal. The distance from
the centerline of rungs or cleats to the edge of the hatch opening on the climbing
side must be not less than 24 inches for offset wells or 30 inches for straight
wells. There must be no protruding potential hazards within 24 inches of the centerline
of rungs or cleats; any such hazards within 30 inches of the centerline of the rungs
or cleats must have deflector plates at an angle of 60° from the horizontal
as shown in figure 6. The relationship of a fixed ladder to an acceptable counterweighted
hatch cover is shown in figure 7. [Figures not included. See ED. NOTE.]
(5) Special requirements.
(a) Cages, Wells and Ladder
Climbing Safety systems.
(A) Cages, wells or laddders
climbing safety systems must be on all ladders (except chimneys) where the length
of climb is more than 24 feet but not more than 50 feet or the top of the ladder
is more than 24 feet above the ground or nearest lower landing surface.
NOTE: Design secifications for cages
and wells are in Figures 8, 9 and 10.
(B) Ladders with a length of climb more
than 50 feet (except chimneys) must have a cage, well or climbing safety system
and must meet one of the following two requirements:
(i) When using a cage or
well the ladder must be in sections, horizonitally offset, with real platforms at
least every 50 feet.
(ii) When using a climbing
safety system the ladder must have rest platforms at least every 150 feet. [Figure
not included. See ED. NOTE.]
(C) Cages must extend at
least 42 inches above the top of the landing, unless there is other acceptable protection.
(D) Cages must extend down
the ladder to a point not less than 7 feet nor more than 8 feet above the base of
the ladder. The bottom must flare not less than 4 inches or a portion of the cage
opposite ladder must extend to the base.
(E) Cages must not extend
less than 27 nor more than 28 inches from the center line of the rungs of the ladder.
Cages must not be less than 27 inches in width. The inside must be clear of projections.
Vertical bars must be at a maximum spacing of 40 degrees around the circumference
of the cage; this will give a maximum spacing of approximately 9-1/2 inches, center
to center.
(F) Ladder wells must have
a clear width of at least 15 inches measured each way from the center line of the
ladder. Smooth-walled wells must be a minimum of 27 inches from the center line
of rungs to the well wall on the climbing side of the ladder. Where other obstructions
on the climbing side of the ladder exist, there must be a minimum of 30 inches from
the centerline of the rungs. [Figures not included. See ED. NOTE.]
(b) Landing platforms.
(A) Where a person has to
step a distance more than 12 inches from the center line of the rung of a ladder
to the nearest edge of a structure or equipment, there must be a landing platform.
The minimum step-across distance is 2-1/2 inches.
(B) All landings must have
standard railings and toeboards, that give safe access to the ladder. Platforms
must be not less than 24 inches wide and 30 inches long.
(C) One rung of any section
of ladder must be at the level of the landing laterally served by the ladder. Where
access to the landing is through the ladder, the rung spacing from the landing platform
to the first rung below the landing must be the same as on the ladder.
(c) Ladder extensions. The
side rails of through or side step ladder extensions must extend 3-1/2 feet above
parapets and landings. For through ladder extensions, omit the rungs from the extension.
There must be not less than 18 nor more than 24 inches clearance between rails.
For side step or offset fixed ladder sections, at landings, the side rails and rungs
must extend to the next regular rung beyond or above the 3-1/2 foot minimum (fig.11).
[Figure not included. See ED. NOTE.]
(d) Grab bars. Space grab
bars by a continuation of the rung spacing when they are horizontal. Vertical grab
bars must have the same spacing as the ladder side rails. Grab bar diameters must
be the equivalent of the round rung diameters.
(6) Pitch.
(a) Preferred pitch. The
preferred pitch of fixed ladders is between 75° and 90° with the horizontal
(fig. 12). [Figure not included. See ED. NOTE.]
(b) Substandard pitch. Fixed
ladders are substandard if they are between 60° and 75° with the horizontal.
Substandard fixed ladders are allowed only where necessary to meet conditions of
installation.
(c) Scope of coverage in
this section. This section covers only fixed ladders between 60° and 90°
with the horizontal.
(d) Pitch more than 90°.
No ladder may be more than 90° with the horizontal.
(7) Maintenance. All ladders
must be in safe condition. Inspect ladders at intervals determined by use and exposure.
[ED. NOTE: Figures referenced are available
from the agency.]
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0370
Scaffolding
(1) Scope. This section has safety requirements
for scaffolds.
(2) Definitions. Scaffolding
terms mean:
(a) Bearer. A horizontal
part of a scaffold on which the platform rests and which may use ledgers as support.
(b) Boatswain’s chair.
A seat supported by slings attached to a suspended rope, designed to accommodate
one worker in a sitting position.
(c) Brace. A tie that holds
one scaffold part in a fixed position with respect to another.
(d) Crawling board or chicken
ladder. A plank with cleats spaced and secured at equal intervals, for use on roofs,
not designed to carry any material.
(e) Double pole or independent
pole scaffold. A scaffold supported from the base by a double row of uprights, independent
of support from the walls and constructed of uprights, ledgers, horizontal platform
bearers, and diagonal bracing.
(f) Guardrail. A rail secured
to uprights that run along the exposed sides and ends of platforms.
(g) Heavy duty scaffold.
A scaffold built to carry a working load of not more than 75 pounds per square foot.
(h) Horse scaffold. A scaffold
for light or medium duty, made of horses supporting a work platform.
(i) Ladder jack scaffold.
A light duty scaffold supported by brackets attached to ladders.
(j) Ledger (stringer). A
horizontal scaffold member that extends from post to post and supports the putlogs
or bearer forming a tie between the posts.
(k) Light duty scaffold.
A scaffold built to carry a working load not more than 25 pounds per square foot.
(l) Manually propelled mobile
scaffold. A portable rolling scaffold mounted on casters.
(m) Maximum intended load.
The total of all loads including the working load, the weight of the scaffold, and
such other loads as may be reasonably anticipated.
(n) Medium duty scaffold.
A scaffold built to carry a working load not more than 50 pounds per square foot.
(o) Mid-rail. A rail approximately
midway between the guardrail and platform and secured to the uprights along the
exposed sides and ends of platforms.
(p) Putlog. A scaffold part
on which the platform rests.
(q) Roofing bracket. A bracket
used in sloped roof construction. It has a way for fastening to the roof or is supported
by ropes fastened over the ridge and secured to some suitable object.
(r) Runner. The lengthwise
horizontal bracing or bearing parts or both.
(s) Scaffold. Any temporary
elevated platform and its supporting structure used for supporting workers or materials
or both.
(t) Single pole scaffold.
Platforms resting on putlogs or crossbeams, the outside ends of which are on ledgers
secured to a single row of posts or uprights and the inner ends of which are on
or in a wall.
(u) Toeboard. A barrier secured
along the sides and ends of a platform, to keep material from falling.
(v) Tubular welded frame
scaffold. A sectional, panel, or frame metal scaffold made of prefabricated welded
sections, that has posts and bearers with intermediate connecting members, braced
with diagonal or cross braces.
(w) Working load. Load imposed
by workers, material and equipment.
(3) General requirements
for all scaffolds.
(a) The footing or anchorage
for scaffolds must be sound, rigid, and able to carry the maximum intended load
without settling or displacement. Do not use unstable objects such as barrels, boxes,
loose brick, or concrete blocks to support scaffolds or planks.
(b) Scaffolds and their components
must be able to support at least four times the maximum intended load.
(c) Scaffolds and other devices
mentioned here must be in safe condition. Do not alter or move an occupied stationary
scaffold.
(d) Remove from use any damaged
or weakened scaffold until repairs are done.
(e) Do not overload scaffolds.
Follow manufacturers’ instructions.
(f) Loaded planks or platforms
must not deflect more than 1/60th of the span (2 inches in 10 feet).
(g) Nails or bolts used to
make scaffolds must be strong enough and in sufficient numbers at each connection
to assure the designed strength of the scaffold. Do not subject nails to a straight
pull. Drive all nails completely.
(h) Overlap all planking
or platforms (minimum 12 inches) or secure them from movement.
(i) There must be a ladder
or equivalent safe access.
(j) Scaffold planks must
extend over their end supports not less than 6 inches nor more than 18 inches.
(k) The poles, legs, or uprights
of scaffolds must be plumb, and securely and rigidly braced to prevent swaying and
displacement.
(l) Use a tag line when hoisting
materials onto a scaffold.
(m) There must be overhead
protection for employees exposed to overhead hazards.
(n) If persons work or pass
under the scaffolds there must be a screen between the toeboard and the guardrail,
along the entire opening. The screen must be No. 18 gauge U.S. Standard Wire 1/2-inch
mesh or the equivalent.
(o) Employees must not work
on scaffolds during storms or high winds.
(p) Employees must not work
on scaffolds covered with ice or snow or that have slippery surfaces.
(q) Accumulations of tools,
materials, and debris must not cause a hazard.
(r) Wire or fiber rope for
scaffold suspension must be able to support at least six times the intended load.
(s) Do not use shore scaffolds
or lean-to scaffolds.
(t) Lumber sizes, used here,
refer to nominal sizes except where otherwise stated.
(u) Use anchor bolts, reveal
bolts, or other equivalent means to secure scaffolds to permanent structures. Do
not use window cleaners’ anchor bolts.
(v) Take special precautions
to protect scaffold members, including any wire or fiber ropes, when using a heat-producing
process.
(4) General requirements
for wood pole scaffolds.
(a) Scaffold poles must be
plumb and on a foundation that prevents settling.
(b) Where wood poles are
spliced, the ends must be square and the upper section must rest squarely on the
lower section. There must be wood splice plates, at least 4 feet long, on at least
two adjacent sides and overlapping the abutted ends equally. These plates must be
the same width as the pole. Splice plates of other materials of equivalent strength
are acceptable.
(c) Set independent pole
scaffolds as near to the wall of the building as practicable.
(d) Guy or tie pole scaffolds
to the building or structure. If they are more than 25 feet high or long, secure
them at intervals not more than 25 feet vertically and horizontally.
(e) Set putlogs or bearers
with their greater dimensions vertical, long enough to project over the ledgers
of the inner and outer rows of poles at least 3 inches for proper support.
(f) Reinforce every wooden
putlog on single pole scaffolds with a 3/16 x 2-inch steel strip or equivalent secured
to its lower edge throughout its length.
(g) Ledgers must be long
enough to extend over two pole spaces. Do not splice ledgers between the poles.
Reinforce ledgers with bearing blocks securely nailed to the side of the pole to
form a support for the ledger.
(h) Use diagonal bracing
to prevent the poles from moving in a direction parallel with the wall of the building,
or from buckling.
(i) Use cross bracing between
the inner and outer sets of poles in independent pole scaffolds. Cross brace the
free ends of pole scaffolds.
(j) There must be full diagonal
face bracing across the entire face of pole scaffolds in both directions. Splice
the braces at the poles.
(k) Lay platform planks with
their edges close together so the platform will be tight with no spaces through
which tools or material can fall.
(l) When lapped, each plank
must lap its end supports at least 12 inches. Where the ends of planks abut each
other to form a flush floor, the butt joint must be at the centerline of a pole.
Rest abutted ends on separate bearers. Use intermediate beams where necessary to
prevent dislodgment of planks due to deflection. Nail or cleat the ends to prevent
their dislodgment.
(m) When a scaffold turns
a corner, lay the platform planks to prevent tipping. The planks that meet the corner
putlog at an angle must be laid first, extending over the diagonally placed putlog
far enough to have a safe bearing, but not far enough to involve any danger from
tipping. The planking running in the opposite direction at right angles must be
laid to extend over and rest on the first layer of planking.
(n) When moving platforms
to the next level, leave the old platform undisturbed until the new putlogs or bearers
are in place.
(o) Install guardrails, 2
x 4 inches or the equivalent, between 36 inches and 42 inches high at all open sides
on all scaffolds more than 10 feet above the ground or floor. The mid-rail, when
required, must be 1 x 4-inch lumber or equivalent, and there must be toeboards at
least 4 inches high. Use wire mesh according to paragraph OAR 437-004-0370(3)(o).
(p) All wood pole scaffolds
60 feet or less in height must be built according to tables 1 through 6. If they
are more than 60 feet high, a registered professional engineer must design them.
A copy of the typical drawings and specifications must be available to the employer
and for inspection purposes. [Tables not included. See ED. NOTE.]
(5) Tubular welded frame
scaffolds.
(a) Metal tubular frame scaffolds,
including accessories such as braces, brackets, trusses, screw legs, ladders, etc.,
must be able to safely support four times the maximum intended load.
(b) Spacing of panels or
frames must be consistent with the loads imposed.
(c) Scaffolds must have cross
bracing or diagonal braces, or both, to secure vertical members together laterally.
The cross braces must be long enough to automatically square and aline vertical
members so that the erected scaffold is always plumb, square, and rigid. All brace
connections must be secure.
(d) Scaffold legs must be
on adjustable bases or plain bases on mud sills or other foundations adequate to
support the maximum intended load.
(e) The frames must be one
on top of the other with coupling or stacking pins to provide proper vertical alinement
of the legs.
(f) Where uplift may occur,
lock panels together vertically with pins or other equivalent means.
(g) Install guardrails, 2
x 4 inches or the equivalent, between 36 inches and 42 inches high at all open sides
on all scaffolds more than 10 feet above the ground or floor. The mid-rail, when
required, must be 1 x 4-inch lumber or equivalent, and there must be toeboards at
least 4 inches high. Use wire mesh according to paragraph OAR 437-004-0370(3)(o).
(h) All tubular metal scaffolds
must be able to support four times the maximum intended loads.
(i) To prevent movement,
secure the scaffold to the building or structure at intervals not more than 30 feet
horizontally and 26 feet vertically.
(j) Maximum permissible spans
of planking must conform with paragraph OAR 437-004-0370(3)(g).
(k) A registered professional
engineer must design drawings and specifications for frame scaffolds more than 125
feet high above the base plates. Copies must be available to the employer and for
inspection purposes.
(l) Only competent and experienced
personnel may set up tubular welded frame scaffolds.
(m) Frames and accessories
for scaffolds must be in good repair. Remove them from use until they have no defects,
unsafe conditions and are in compliance with this section. Do not use any broken,
bent, excessively rusted, altered, or otherwise structurally damaged frames or accessories.
(n) Make periodic inspections
of all welded frames and accessories. Complete any maintenance, including painting,
or minor corrections recommended by the manufacturer, before further use.
(6) Boatswain’s chairs.
(a) The chair seat must be
not less than 12 by 24 inches, and 1-inch thick. Use a seat with reinforcement on
the underside to prevent the board from splitting.
(b) The two fiber rope seat
slings must be 5/8-inch diameter, reeved through the four seat holes to cross each
other on the underside of the seat.
(c) Seat slings must be at
least 3/8-inch wire rope when a worker is using a heat producing process such as
gas or arc welding.
(d) Protect the worker with
a safety life belt and lifeline attached to substantial members of the structure
(not the scaffold), or to securely rigged lines, that will safely suspend the worker
in case of a fall.
(e) The tackle must have
the correct size ball bearing or bushed blocks and properly spliced 5/8-inch diameter
first-grade manila.
(f) The roof irons, hooks,
or the object to which the tackle is anchored must be secure. Tiebacks, when used,
must be at right angles to the face of the building and securely fastened to a chimney.
(7) Horse scaffolds.
(a) Horse scaffolds must
not be more than two tiers or 10 feet high.
(b) The members of the horses
must be not less than those in Table 7. [Table not included. See ED. NOTE.]
(c) Space horses not more
than 5 feet for medium duty and not more than 8 feet for light duty.
(d) When arranged in tiers,
each horse must be directly over the horse in the tier below.
(e) On all scaffolds arranged
in tiers, nail the legs to the planks to prevent displacement or thrust and cross
brace each tier.
(f) Do not use horses or
parts that are weak or defective.
(g) Install guardrails, 2
x 4 inches or the equivalent, between 36 inches and 42 inches high at all open sides
on all scaffolds more than 10 feet above the ground or floor. The midrail, when
required, must be 1 x 4-inch lumber or equivalent, and there must be toeboards at
least 4 inches high. Use wire mesh according to paragraph OAR 437-004-0370(3)(o).
(8) Ladder-jack scaffolds.
(a) All ladder-jack scaffolds
are only for light duty and may not be more than 20 feet above the floor or ground.
(b) All ladders used with
ladder-jack scaffolds must be heavy-duty and designed and constructed according
to 437-004-0340.
(c) The ladder jack must
bear on the side rails in addition to the ladder rungs, or if bearing on rungs only,
the bearing area must be at least 10 inches on each rung.
(d) To prevent slipping,
use special devices, secure placement or anchor ladders used with ladder jacks.
(e) The wood platform planks
must be not less than 2 inches (nominal) thick. Both metal and wood platform planks
must overlap the bearing surface not less than 12 inches. The span between supports
for wood must be not more than 8 feet. The platform must be at least 18 inches wide.
(f) Not more than two persons
may be on any given 8 feet of a ladder-jack scaffold at one time.
(9) Roofing brackets.
(a) Roofing brackets must
fit the pitch of the roof.
(b) Nail brackets in place
in addition to using the pointed metal projections. Drive the nails all the way
into the roof. When using rope supports, they must be first-grade manila of at least
3/4-inch diameter, or equivalent.
(c) A substantial catch platform
must be below the working area of roofs more than 20 feet from the ground to eaves
with a slope more than 3 inches in 12 inches and no parapet. In width the platform
must extend 2 feet beyond the projection of the eaves and have a safety rail, midrail,
and toeboard. This does not apply where employees are using a personal fall protection
system.
(10) Crawling boards or chicken
ladders.
(a) Crawling boards must
be not less than 10 inches wide and 1 inch thick, with 1 x 1-1/2 inch cleats. The
cleats must be equal in length to the width of the board and spaced at equal intervals
not more than 24 inches. Drive nails through and clinch them on the underside. The
crawling board must extend from the ridge pole to the eaves when used with roof
construction, repair, or maintenance.
(b) A firmly fastened lifeline
of at least 3/4-inch rope must be strung beside each crawling board for a handhold.
(c) Use adequate ridge hooks
or equivalent effective means to secure crawling boards to the roof.
(11) Manually propelled mobile
scaffolds.
(a) The height of free-standing
mobile scaffold towers must not be more than four times the smallest base dimension.
(b) Casters must be able
to support four times the maximum intended load. All casters must have a positive
locking device.
(c) Scaffolds must have cross
bracing and horizontal bracing.
(d) Platforms must have tight
planking for the full width of the scaffold except for necessary entrance opening.
Platforms must not be free to move.
(e) There must be a fixed
or built-in ladder or stairway for access and exit.
(f) Move the mobile scaffold
by force applied near or as close to the base as practicable. Keep the scaffold
stable during movement. Move scaffolds only on level floors with no obstructions
or openings.
(g) Workers may not ride
on manually propelled scaffolds unless the following conditions exist:
(A) The floor or surface
is within 3 degrees of level, and free from pits, holes, or obstructions;
(B) The smallest dimension
of the scaffold base is at least one-half of the height. If it has outriggers, they
must be on both sides of the staging;
(C) The wheels have rubber
or similar resilient tires.
(h) Scaffolds must rest upon
a suitable footing and be plumb. Lock the casters or wheels to prevent unintended
movement.
(i) Guardrails made of lumber,
not less than 2 X 4 inches (or other material providing equivalent protection),
between 39 and 42 inches high, with a midrail and toeboards, must be on all open
sides and ends of scaffolds more than 10 feet above the ground or floor. Toeboards
must be at least 4 inches high. If people may pass under the scaffold, use wire
mesh between the toeboard and top of the guardrail.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0380
Manually Propelled Mobile Ladder
Stands and Scaffolds (Towers)
Standards for the use of mobile work
platforms and scaffolds are found in division 2, subdivision D, 1910.29 which applies
to agricultural places of employment.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0390
Other Working Surfaces
(1) Dockboards (bridge plates).
(a) Use bridge plates over
any gap of more than 4 inches between two surfaces.
(b) Portable and powered
dockboards must be strong enough to carry the load imposed on them.
(c) Anchor portable dockboards
or use devices that prevent them from slipping.
(d) Powered dockboards must
comply with Commercial Standard CS202-56 (1961) “Industrial Lifts and Hinged
Loading Ramps” published by the U.S. Department of Commerce.
(e) Portable dockboards must
have handholds or other ways to allow safe handling.
(f) There must be positive
protection to prevent railroad cars from moving while dockboards or bridge plates
are in position.
(g) Bridgeplates must be
able to carry four times the heaviest expected load.
(h) Bridgeplates must sit
evenly on the surface at each end. Repair or replace plates that teeter or rock.
(2) Floors.
(a) Floors, floor supports,
and required appurtenances must be in good repair.
(b) Floors must not be slippery.
(3) Ramps and runways.
(a) Ramps and runways must
be in safe condition.
(b) Ramps and runways for
vehicles must be wide enough and have an even surface. They must have timber guards
of not less than nominal 6-inch by 6-inch material set on nominal 3 inch blocks,
or the equivalent, secured to the sides of the ramp or runway.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98.
Exits/Plans
437-004-0405
Exits and Emergency Action Plan
(1) Application. This does not apply
to agricultural labor housing, agricultural buildings or mobile workplaces, such
as vehicles or vessels. This applies to non-agricultural type buildings like offices
and warehouses where employees spend most of their work time.
(2) Definitions.
(a) Exit. The part of the
exit route, separate from other areas, that is a protected way out of a work area.
(b) Exit route. A continuous,
unobstructed path from anywhere in a work area to a safe outside place. Exit routes
are three dimensional.
(3) General.
(a) There must be permanent,
unobstructed exit routes to get out of work areas safely during emergencies.
(b) There must be two or
more exit routes depending on the size and layout of the work area and the number
of people involved. A single exit route is acceptable only if all workers can get
out through it safely during an emergency. Locate multiple exit routes apart from
each other.
(4) Design.
(a) There must be a clear
and unobstructed access and exit to any location more than 4 feet above or below
the floor. Access may be by a ladder, stairs or ramp that complies with these standards.
(b) There must be unobstructed
access to exit routes.
(A) Exit routes must not
pass through or into lockable rooms or dead ends.
(B) Exit routes must be mostly
level or have stairs or ramps.
(c) Exits must open from
the inside without keys, tools or special knowledge. Devices that lock only from
the outside are acceptable. There must be nothing on an exit door that could hinder
its use during an emergency.
(d) An exit route must be
able to handle the maximum number of persons allowed in the area it serves. Exit
capacity must not decrease if the direction of travel changes.
(e) Exit routes must be at
least 6 feet 8 inches high at all points.
(f) Exit routes must be at
least 28 inches wide between handrails and wider if needed to handle the expected
occupant load.
(g) Nothing can project into
an exit route that reduces its minimum height or width.
(h) Exit routes must minimize
danger to workers during emergencies.
(i) Exit routes must have
adequate lighting.
(5) Marking.
(a) There must be exit signs
at all emergency exits, except those that are obviously and clearly identifiable.
Install additional directional signs to exits where necessary.
(b) If workers could mistake
a nonexit for an exit, mark it, “Not an Exit” or mark it to indicate
its real use.
(6) Special situations.
(a) Exit doors serving hazardous
areas must swing in the direction of exit and open in a way that does not obstruct
exit passageways. Do not allow anything to obstruct or pre- vent the use of an exit.
During fire or panic, it must be easy to open all escape exit doors and windows
from the inside.
(b) Rooms subject to extremes
in temperature or with toxic atmospheres must have at least one door that opens
from the inside. If this door is lockable from the outside, lighting and a set of
instructions for opening the door must be inside the room on or near the door. It
must be easy to find equipment needed to open the door from the inside. Also, inside
the room there must be a way to communicate or a control that operates an alarm
outside the building, or if other employees are on duty 24 hours a day, outside
the room.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06
437-004-0450
Emergency Action Plan
(1) The plan must be in writing, be
kept in the work place and be available to employees. Employers with fewer than
11 permanent, year-around workers may have a verbal plan.
(2) An emergency action plan
must include:
(a) Procedures for reporting
a fire or other emergency;
(b) Procedures for emergency
operation or shut down of critical equipment;
(c) Procedures for rescue
and medical duties; and
(d) Names or job titles of
employees to contact to get more information about the duties of employees under
the plan.
(3) There must be a communication
system to alert employees or an employee alarm system with a distinctive signal
for each purpose.
(4) The employer must review
the emergency action plan with each covered employee:
(a) When the plan is new
or the employee is new to the job;
(b) When the employee’s
responsibilities under the plan change; and
(c) When the plan changes.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
Manlifts
437-004-0570
Manlifts
(1) Application. Manlifts covered here
have platforms or brackets and handholds mounted on or attached to an endless belt
that runs vertically in one direction only. Its support and drive are through top
and bottom pulleys. Manlifts are for moving people only. This does not cover moving
stairways, elevators with enclosed platforms (“Paternoster” elevators),
gravity lifts nor conveyors used only to convey material.
(2) Definitions.
(a) Closed type. A cup-shaped
device, open at the top in the direction of travel, and closed at the bottom.
(b) Handhold (Handgrip).
A device attached to the belt for the passenger to hold.
(c) Limit switch. A device
to cut off the power to the motor and apply the brake to stop the carrier when a
loaded step passes the terminal landing.
(d) Manlift. A power-driven
endless belt moving only in one direction and with steps or platforms and handholds
for the transportation of personnel from floor to floor.
(e) Open type. One with a
fully exposed handgrip surface that can be encircled by the passenger’s fingers.
(f) Rated speed. The designed
speed of the device.
(g) Split-rail switch. An
electric limit switch operated mechanically by the rollers on the manlift steps.
It has an additional hinged or “split” rail, mounted on the regular
guide rail, over which the step rollers pass. It is spring loaded in the “split”
position. If the step supports no load, the rollers will “bump” over
the switch. If a loaded step passes over it, the split rail will be forced straight,
tripping the switch and opening the electrical circuit.
(h) Step (platform). A step
is a passenger carrying unit.
(i) Travel. The travel is
the distance between the centers of the top and bottom pulleys.
(3) General requirements.
(a) Design requirements.
Equipment installed after June 27, 1974 must comply with “American National
Standard for Manlifts ANSI A90.1-1969.”
(b) Floor openings.
(A) Allowable size. Floor
openings for both the “up” and “down” runs must be between
28 inches and 36 inches wide for a 12-inch belt; between 34 inches and 38 inches
wide for a 14-inch belt; and between 36 inches and 40 inches wide for a 16-inch
belt. They must extend at least 24 inches, but not more than 28 inches from the
face of the belt.
(B) Uniformity. All floor
openings for a manlift must be the same size and approximately circular.
(c) Landing.
(A) Vertical clearance. The
clearance between the floor or mounting platform and the lower edge for the conical
guard above it required by (d) below must be at least 7 feet 6 inches. Do not allow
access to the manlift if this clearance is not possible. Enclose the manlift runway
where it passes through the floor.
(B) Clear landing space.
Keep the landing space around the floor openings unobstructed and clear. This landing
space will be at least 2 feet wide from the edge of the floor opening.
(C) Lighting and landing.
Lighting must be not less than 5 footcandles, at each floor landing when the lift
running.
NOTE: A 40 watt or larger light bulb
should provide the equivalent to 5 footcandles.
(D) Landing surface. There must be safe
footing at landing surfaces.
(E) Emergency landings. If
the travel is 50 feet or more between floor landings, there must be one or more
emergency landings. There must be a landing (either floor or emergency) for every
25 feet or less of manlift travel.
(i) Emergency landings must
be accessible from both the “up” and “down” rungs of the
manlift. They must give access to the ladder as required in OAR 437-004-0570(i).
(ii) Completely enclose emergency
landings with a standard railing and toeboard.
(iii) Platforms built for
access to bucket elevators or other equipment for inspection or maintenance may
also be emergency landings. All such platforms are then part of the emergency landing
and must have standard railings and toeboards.
(d) Guards on underside of
floor openings.
(A) Fixed type. The ascending
side of the manlift floor openings must have a bevel guard or cone meeting the following
requirements:
(i) The cone must be at an
angle of not less than 45° with the horizontal. Use an angle of 60° or
greater where ceiling heights permit.
(ii) The lower edge of this
guard must extend at least 42 inches outward from any handhold on the belt. It must
not extend beyond the upper surface of the floor above.
(iii) The cone must be at
least No. 18 U.S. gauge sheet steel or material of equivalent strength or stiffness.
Roll the lower edge to a minimum diameter of 1/2 inch. The interior must be smooth
with no rivets, bolts or screws protruding.
(B) Floating type. A floating
safety cone is acceptable instead of the fixed guards in (A) above. They must be
mounted on hinges at least 6 inches below the underside of the floor. A force of
2 pounds on the edge of the cone closest to the hinge must actuate a limit switch.
The maximum depth of this floating cone is 12 inches.
(e) Protection of entrances
and exits.
(A) Guardrail requirement.
Guard the entrances and exits at all floor landings with access to the manlift with
a maze (staggered railing) or a standard guardrail with self-closing gates.
(B) Construction. The rails
will be standard guardrails with toeboards as described in OAR 437-004-0320(6).
(C) Gates. Gates must open
outward and be self-closing. Round the corners of gates.
(D) Maze. Maze or staggered
openings must offer no direct passage between enclosure and outer floor space.
(E) Except where building
layout prevents it, entrances at all landings must be in the same relative position.
(f) Guards for openings.
(A) Construction. Use a wall,
standard guardrail and toeboard or wire mesh panels to guard the floor opening at
each landing on sides not used for entrance or exit.
(B) Height and location.
Guards for openings must be at least 42 inches high on the up-running side and 66
inches on the down-running side.
(g) Bottom arrangement.
(A) Bottom landing. At the
bottom landing the clear area must not be smaller than the area enclosed by the
guardrails on the floors above. Any wall in front of the down-running side of the
belt must be at least 48 inches from the face of the belt. There must be no stairs
or ladders in this space.
(B) Location of lower pulley.
The lower (boot) pulley must be supported by the lowest landing served. Guard the
sides of the pulley support to prevent contact with the pulley or the steps.
(C) Mounting platform. There
must be a mounting platform in front or to one side of the up run at the lowest
landing. This isn’t necessary if the floor level allows the floor or platform
to be at or above the point where the upper surface of the ascending step completes
its turn and becomes horizontal.
(D) Guardrails. Guard the
area on the downside of the manlift according to OAR 437-004-0570(e). Protect the
area between the belt and the platform with a standard guardrail.
(h) Top arrangements.
(A) Clearance from floor.
There must be at least 11 feet of top clearance above the top terminal landing.
This clearance must be from a plane through each face of the belt to a vertical
cylindrical plane having a diameter 2 feet greater than the diameter of the floor
opening, extending upward from the top floor to the ceiling on the up-running side
of the belt. There must be no encroachment of structural or machine supporting members
within this space.
(B) Pulley clearance.
(i) There must be at least
5 feet between the center of the head pulley shaft and any ceiling obstruction.
(ii) The center of the head
pulley shaft must be at least 6 feet above the top terminal landing.
(C) Emergency grab rail.
There must be an emergency grab bar or rail and platform at the head pulley when
the distance to the head pulley is more than 6 feet above the top landing. Otherwise
there must be only a grab bar or rail to allow the rider to swing free if the emergency
stops don’t work.
(i) Emergency exit ladder.
Provide a fixed metal ladder accessible from both the “up” and “down”
run of the manlift for the entire travel of the manlift. The ladder must meet ANSI
A14.3-1956, Safety Code for Fixed Ladders.
(j) Superstructure bracing.
Secure manlift rails to avoid spreading, vibration, and misalignment.
(k) Lighting.
(A) General. There must be
adequate lighting for both runs of the manlift when it is running. (See OAR 437-004-0570(3)(c)(C)
for lighting requirements at landings.)
(B) Control of lighting.
Circuits for lighting of manlift runways must be permanently tied to the building
circuits with no switches or there must be switches at each landing. Where there
are separate switches at each landing, every switch must work all lights for the
entire runway.
(l) Weather protection. Protect
the manlift and its driving mechanism from the weather.
(4) Mechanical requirements.
(a) Machines, general.
(A) Brakes. Brakes for stopping
and holding a manlift must be inherently self-engaging, require power or force from
an external source to cause disengagement. The brake must release electrically and
work on the motor shaft for direct-connected units or the input shaft for belt-driven
units. The brake must be able to stop and hold the manlift when the descending side
is loaded with 250 pounds on each step.
(B) Belt.
(i) The belts must be of
hard-woven canvas, rubber-coated canvas, leather or other material meeting the strength
requirements of OAR 437-004-0570(3)(a). It must also have a coefficient of friction
that when used with an adequate tension device will meet the brake test in (4)(a)(A)
above.
(ii) The belt must be at
least 12 inches wide for travel up to 100 feet, at least 14 inches wide for travel
more than 100 feet and up to 150 feet and 16 inches wide for travel more than 150
feet.
(C) Do not splice or use
repaired manlift belts.
(b) Maximum speed. Do not
install or use a manlift designed for a speed over 80 feet per minute.
(c) Platforms or steps.
(A) Minimum depth. Steps
or platforms must be 12 inches to 14 inches deep, measured from the belt to the
edge of the step or platform.
(B) Width. The width of the
step or platform must be at least as wide as the belt to which it is attached.
(C) Distance between steps.
The distance between steps must be equal and at least 16 feet measured from the
upper surface of one step to the upper surface of the next step above it.
(D) Angle of step. The surface
of the step must be at approximately a right angle with the “up” and
“down” run of the belt and must travel an approximate horizontal position
with the “up” and “down” run of the belt.
(E) Surfaces. The upper or
working surfaces of the step must be nonslip (coefficient of friction not less than
0.5) or have a secure nonslip covering.
(F) Strength of step supports.
When loaded with 400 pounds at the approximate center of the step, step frames or
supports and their guides must be strong enough to:
(i) Prevent the disengagement
of any step roller.
(ii) Prevent any appreciable
misalignment.
(iii) Prevent any visible
deformation of the steps or its support.
(G) Prohibition of steps
without handholds. All steps have a corresponding handhold above or below them meeting
the requirements of OAR 437-004-0570(4)(d). When removing a step or steps, remove
corresponding handholds before the lift is restarted.
(d) Handholds.
(A) Location. Handholds attached
to the belt must be at least 4 feet but not more than 4 feet 8 inches above the
step tread. Locate them on both “up” and “down” run of the
belt.
(B) Size. The grab surface
of the handhold must be at least 4-1/2 inches wide, at least 3 inches deep and have
2 inches of clearance from the belt. Fastenings for handholds must be at least 1
inch from the edge of the belt.
(C) Strength. The handhold
must withstand a load of 300 pounds applied parallel to the run of the belt.
(D) Prohibition of handhold
without steps. All handholds must have a corresponding step. When removing handholds
permanently or temporarily, remove the corresponding steps and handholds for the
opposite direction of travel before restarting the lift.
(E) Type. All handholds must
be of the closed type.
(e) Up limit stops.
(A) Requirements. There must
be two separate automatic stop devices to cut off the power and apply the brake
when a loaded step passes the upper terminal landing. One of these must be a split-rail
switch mechanically operated by the step roller and located not more than 6 inches
above the top terminal landing. The second automatic stop device may have any of
the following:
(i) Any split-rail switch
placed 6 inches above and on the side opposite the first limit switch.
(ii) An electronic device.
(iii) A switch actuated by
a lever, rod or plate, the latter to be on the “up” side of the head
pulley so as to just clear a passing step.
(B) Manual reset location.
After a stop device halts the manlift reset must be done manually. The device must
be where a person resetting it would have a clear view of both the “up”
and “down” runs of the manlift. It must be impossible to reset the device
from any step or platform.
(C) Cut-off point. The initial
limit stop device must stop the manlift before the loaded step has reached a point
24 inches above the top terminal landing.
(D) Electrical requirements.
(i) When switches open the
main motor circuit directly they must be the multi-pole type.
(ii) When using electronic
devices they must be designed and installed so that failure will shut off the power
to the driving motor.
(iii) Where flammable vapors
or combustible dusts may be present, electrical installations must be according
to the requirements of Division 4/S for such locations.
(iv) Controller contacts
carrying the main motor current must be oil immersed, copper to carbon or equal,
except where the circuit is broken at two or more points at once.
(f) Emergency stop.
(A) General. There must be
an emergency stop device.
(B) Location. It must be
easy reach from the ascending and descending runs of the belt.
(C) Operation. This stop
device must cut off the power and apply the brake when pulled in the direction of
travel.
(D) Rope. If made of rope,
it must be at least 3/8 inch in diameter. Do not use wire rope unless it has marlin
covering or equivalent.
(g) Instruction and warning
signs.
(A) Instruction signs at
landings or belts. At each landing or stenciled on the belt there must be conspicuous
and easily read instruction signs for the use of the manlift. The instructions must
read as follows:
Face the Belt.
Use the Handholds.
To Stop - Pull Rope.
(B) Top floor warning sign and light.
(i) At the top floor there
must be a lighted sign with the following wording: “TOP FLOOR — GET
OFF.” Signs must have block letters at least 2 inches high. Locate the
sign within easy view of an ascending passenger and not more than 2 feet above the
top terminal landing.
(ii) In addition to the sign
required by (4)(g)(B)(i) above, a red warning light of at least 40-watts must be
immediately below the upper landing terminal so as to shine in the passenger’s
face.
(C) Visitor warning. The
following conspicuous sign must be at each landing: — AUTHORIZED PERSONNEL
ONLY —
(5) People only. Do not move
objects or material on a manlift. Manlifts are for people only.
(6) Periodic inspection.
(a) Frequency. A competent
designated person must inspect manlifts at least every 30 days. Check limit switches
weekly. Do not use unsafe manlifts until repairs make them safe again.
(b) Items covered. This periodic
inspection must cover at least the following items:
(A) Steps.
(B) Step Fastenings.
(C) Rails.
(D) Rail Supports and Fastenings.
(E) Rollers and Slides.
(F) Belt and Belt Tension.
(G) Handholds and Fastenings.
(H) Floor Landings.
(I) Guardrails.
(J) Lubrication.
(K) Limit Switches.
(L) Warning Signs and Lights.
(M) Illumination.
(N) Drive Pulley.
(O) Bottom (boot) Pulley
and Clearance.
(P) Pulley Supports.
(Q) Motor.
(R) Driving Mechanism.
(S) Brake.
(T) Electrical Switches.
(U) Vibration and Misalignment.
(V) “Skip” on
up or down run when mounting step (indicating worn gears).
(c) Inspection record. Keep
a certification record of each inspection. It must include the date of the inspection,
the signature of the inspector and the serial number or other identifier of the
manlift. On request, this record must be made available to OR-OSHA.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
Health/Environment
437-004-0610
Ventilation
Agricultural employers that do abrasive
blasting, grinding, polishing and buffing or spray finishing in any part of their
operation must follow the standards in OAR 437-002-1910.94 and 437-002-0081 found
in subdivision 2/G.
These paraphrased excerpts are from 1910.94,
Ventilation, in the OR-OSHA General Industry Standards, Division 2/G. If the amount
or duration of the covered work or processes you do could meet one of the criteria
below, consult 437-002-1910.94 in Division 2/G.
Grinding, polishing and buffing.
1910.94(b)(2) Application. You
must use a mechanical local exhaust ventilation system to keep the 8-hour time-weighted
average (TWA) exposures to substances in 437-004-9000 or other parts of this division,
within required limits when dry grinding, dry polishing or buffing whether or not
employees use a respirator.
Spray finishing.
1910.94(c)(8) Scope. This paragraph
(c) does not apply to exterior spraying of buildings, fixed tanks or similar structures
nor to small portable spraying apparatus not used repeatedly in the same location.
Open surface tanks.
1910.94(d)(13)(i) Scope. This paragraph
(d) applies to all work involving the immersion of materials in liquids, or in the
vapors of such liquids, for cleaning or altering their surfaces, or adding or imparting
a finish or changing the character of the materials. It also applies to the subsequent
removal from the liquids or vapors, draining, and drying. Such work includes washing,
pickling, quenching, dyeing, dipping, bleaching, degreasing, alkaline cleaning,
stripping, rinsing and similar processes. It does not include molten materials handling
or surface coating.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0630
Noise Exposure
(1) You must have a noise monitoring
program (see (3) below) when an employee’s exposure equals or is more than
an 8-hour time-weighted average (TWA) of 85 decibels (dB).
NOTE: Most large or older farm machines
and tractors, especially those without cabs, have the potential to produce more
than 85 decibels of noise. Audiologists often say that if you have to shout or significantly
raise your voice to talk with somebody 2 feet away, the noise is probably at the
action level of 85 decibels.
(2) Noise classified as impulse or impact
noise cannot be more than 140 dB peak sound pressure level.
NOTE: These noises are sudden and sharp
and include such things as the firing of a weapon and sudden release of pressurized
air.
(3) Noise Monitoring Employers must
use a noise sampling strategy that determines which employees need to be part of
a hearing conservation program. This sampling will also determine their need for
hearing protection or when to consider engineering controls.
(a) Use a sound level meter
or a dosimeter to do noise level surveys over an 8-hour period to get a time-weighted
average. When the employees are mobile or there are significant changes in the sound
level or impulse noise components, you must use representative personal sampling
unless area samples produce equal results.
(b) Repeat the noise surveys
when there is a change in production, process, equipment or controls that increases
noise levels or exposures to or above the action level. Also repeat the surveys
if the increase in noise may require additional noise reduction from hearing protectors
already in use.
(c) Notify each monitored
employee of the noise monitoring results if the exposure was at or above the 85
decibel TWA.
(d) The employer must give
affected employees or their representatives the opportunity to observe the noise
survey process.
WARNING: Employer responsibilities
in this standard require special knowledge and equipment to be done successfully.
In most cases it is advisable and in some cases mandatory to have these tests done
by a professional. See OAR 437-004-0630(5)(c).
(4) Engineering Controls If the noise
survey results are more than in Table 1 below, use administrative or engineering
controls to reduce the noise, if feasible. If not feasible or if the engineering
or administrative controls fail to reduce the noise to levels within Table 1 limits, provide appropriate training and enforce the use of hearing protection to
reduce the noise to levels within the Table 1. [Table not included. See ED.
NOTE.]
(a) You must provide all
hearing protection equipment and devices without cost to the employee. Employees
may voluntarily elect to use their own equipment but the employer is responsible
to assure that it provides adequate protection.
(b) All hearing protection
equipment and devices must be kept serviceable and clean according to the manufacturer’s
recommendations or accepted audiological practices. Table 1 [Table not included.
See ED. NOTE.]
(5) Hearing Conservation
Program Establish and maintain an effective hearing conservation program for employees
whose noise exposure equals or is more than an 8-hour TWA of 85 decibels, or an
equivalent dose, before attenuation by hearing protectors. The program must include
an audiometric (hearing) testing program, employee training and personal hearing
protection.
(a) All parts of the hearing
conservation program must be without charge to employees.
(b) You must tell the employees
to avoid high levels of non-occupational noise exposure during the 14-hour period
before any hearing test. Also, you must assure that the employee uses hearing protection
or avoids noise exposure on the job for 14 hours before getting a baseline hearing
test.
(c) Only a technician certified
by the Council of Accreditation in Occupational Hearing Conservation, a licensed
or certified audiologist, otolaryngologist or other physician may do a hearing test.
Certified technicians must be responsible to an audiologist, otolaryngologist or
physician.
NOTE: Audiograms must meet the requirements
of OAR 437-002-1910.95, Appendix C, Audio- metric Measuring Instruments. The background
noise in the test room must comply with OAR 437-002-1910.95, Appendix D, Audiometric
Test Rooms. The audiometers used for the test and the methods must comply with the
American National Standard Specifications for Audiometers, S3.6-1969. Oregon OSHA
strongly suggests that employers hire a professional to provide services required
by this standard.
(6) There are two types of hearing tests
required by this standard.
(a) A baseline hearing test
must be done within 6 months of the employees first exposure to noise at or above
the action level. This test is the comparison base for future tests.
(b) After the baseline audiogram
is done, each employee still exposed at or above the 8-hour TWA must have annual
hearing tests. Compare the annual tests to the baseline tests to determine if there
has been a standard threshold shift.
(c) The audiologist, otolaryngologist
or physician evaluation of the audiogram may revise the baseline when the standard
threshold shift in hearing revealed by the test is persistent or the hearing threshold
shows an improvement over the baseline audiogram.
(7) For purposes of this
standard a standard threshold shift of hearing compared to the baseline hearing
test is called a standard threshold shift and is an average of 10 dB or more at
2000, 3000, and 4000 Hz in either ear. In Oregon there is no allowance from age
correction charts for this calculation.
(8) Follow-Up The qualified
person doing the hearing test will compare the results of the annual hearing test
to the baseline audiogram to see if it is valid and if there has been a standard
threshold shift change in hearing as in (7) above.
(a) The employer may retest
to assure validity within 30 days and use that as the annual test.
(b) An audiologist, otolaryngologist
or physician must review all problem audiograms to determine the need for more evaluation.
This may include follow up as described below.
(c) The employer is responsible
to pay for this evaluation.
(d) The employer must assure
that the reviewing audiologist, otolaryngologist or physician has the following
information:
(A) A copy of the requirements
for hearing conservation in this section.
(B) The employees baseline
and most recent audiogram.
(C) Measurements of the noise
levels in the audiometric test room.
(D) Records of audiometer
calibrations as required by this section.
(9) If an employee’s
hearing test reveals a standard threshold shift, the employer must do (a) through
(d) below unless the physician determines that the shift is not work-related or
aggravated by work-related noise exposure.
(a) Fit employees with hearing
protection, train them in its use and care. Require them to use it.
(b) Refit and retrain employees
already using hearing protectors. Give them hearing protectors that offer more noise
reduction.
(c) Refer the employee for
a clinical audiological evaluation or an otological examination, as appropriate,
if additional testing is necessary. Also refer the employee to the physician if
the wearing of hearing protectors causes or aggravates a medical problem of the
ear.
(d) Inform the employee of
the need for an otological examination if a medical pathology of the ear could be
unrelated to the use of hearing protectors.
(10) If future hearing tests
show that the standard threshold shift of hearing is not persistent and the noise
exposure is less than a 8-hour TWA of 90 decibels the employer must tell the employee
of the new results and may end the required use of hearing protectors.
(11) Training All employees
exposed at or above the 8-hour TWA of 85 decibels must receive initial and annual
training. Update the training program if there are changes in the hearing protection
or work processes. The training program must include:
(a) The effects of noise
on hearing.
(b) The purpose of hearing
protectors, the advantages, disadvantages and attenuation of various types and instructions
on selection, fitting, use and care.
(c) The purpose of the hearing
test and an explanation of the test procedures.
(12) Hearing Protection Hearing
protection must be available at no cost to all employees exposed to an 8-hour TWA
of 85 dB. Wearing of hearing protection that offers adequate noise reduction is
mandatory for employees exposed at 90 dB TWA. In addition, if an employee has had
a standard threshold shift, they must wear hearing protection at 85 decibels or
more.
(a) The employer must ensure
proper initial fitting of the hearing protectors, supervise the correct use of them,
and provide training in the use and care of the hearing protectors.
(b) The employees must have
the chance to select the hearing protectors from a variety of appropriate hearing
protectors and the hearing protectors must reduce the noise to at least an 8-hour
TWA of 90 decibels.
(c) When noise exposure increases
enough that the hearing protectors may no longer give proper protection, reevaluate
the adequacy of the protectors noise reduction. Pro- vide more effective hearing
protection where necessary.
(13) Recordkeeping The employer
must keep employees noise exposure records according to the Access to Employee Exposure
and Medical Records standard OAR 437-004-0005. The records must be available to
employees, former employees, representatives designated by the employee and Oregon
OSHA. The test record must include:
(a) Name and job classification
of the employee.
(b) Date of the audiogram.
(c) The examiner’s
name.
(d) Date of the last acoustic
or exhaustive calibration of the audiometer.
(e) Employees most recent
noise exposure assessment.
(14) If you sell your business,
give the buyer all records required by this section.
NOTE: The professional who does your
audiometric work will supply most of the records required by this section.
[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 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06
437-004-0650
Ionizing Radiation
NOTE: The Oregon Department of Human
Resources, Health Division, enforces 1910.96 Ionizing Radiation and 437-004-0650
in Oregon, under an Interagency Agreement with the Department of Consumer and Business
Services, OR-OSHA Division. Copies are available from OR-OSHA and the Health Division.
In addition to and not instead of 1910.96,
the rules and regulations in ORS 453.0605 to 453.0745, Control of Radiation, administered
by the Department of Human Resources, Oregon Health Division, apply to all employees
working with or near ionizing radiation sources.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
Hazardous Materials
437-004-0710
Compressed Gases
(1) Employers are responsible to keep
compressed gas cylinders under their control in a safe condition by doing visual
inspections that cover these points:
(a) Corrosion or pitting
which reduces the wall thickness.
(b) Cuts, gouges or digs.
(c) Dents, bulges or other
distortion or unsymmetrical condition or appearance.
(d) Distortion, looseness
or failure of welds in the cylinder rings.
(e) Evidence of having been
burned or exposed to fire, arc or torch burns.
(f) Damage to cylinder neck
threads or inability to obtain a gas-tight seal by reasonable methods.
(2) If a compressed gas cylinder
or tank shows any of the above conditions, or any other condition that could affect
its safety, do not use it. Do not return it to service until it is thoroughly inspected
by a person qualified to do so and they find it to be safe and in compliance with
the Compressed Gas Association directives.
(3) The handling, storage,
and use of all compressed gases in cylinders, portable tanks or motor vehicle cargo
tanks must comply with the following:
(a) Do not use cylinders
without a legible label identifying the contents.
(b) Keep the cylinder caps
on except when the gauges are on the cylinder.
(c) Do not use cylinders
for rollers, supports or for any purpose other than to contain the product.
(d) Do not place cylinders
where they may become part of an electrical circuit. Do not ground cylinders used
in conjunction with electric welding.
(e) Do not subject cylinders
to temperatures above 125°F. If ice or snow accumulates on a cylinder, thaw
at room temperature or with water less than 125°F.
(f) Contact your gas supplier
when in doubt about proper handling of the cylinder.
(g) When returning empty
cylinders, close the valve and replace the valve protection cap.
(h) Do not drag or slide
cylinders.
(i) Do not drop or permit
cylinders to strike against each other or other surfaces violently.
(j) Do not lift cylinders
by the protective cap or with magnets.
(k) Do not suspend cylinders
from ropes, chains or slings unless the cylinder was manufactured with an appropriate
lifting attachment or suitable cradles or platforms are used.
(l) Post the storage areas
with the name of the gases to be stored.
(m) Store cylinders away
from ignitable substances such as gasoline or waste or combustibles in bulk including
oil.
(n) Store cylinders upright
and secure to prevent them from being knocked over.
(o) Secure cylinders when
in use.
(4) Compressed gas cylinders,
portable tanks, and cargo tanks must have pressure relief devices.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0715
Acetylene
(1) Cylinders. The transfer, handling,
storage, and use of acetylene in cylinders must comply with the general requirements
of compressed gases.
(2) Piped systems. The piped
systems for the transfer and distribution of acetylene must comply with the Compressed
Gas Association Pamphlet G-1.3-1970.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0716
Oxygen
(1) Scope. This applies to the installation
of bulk oxygen systems on agricultural establishments.
(2) Bulk oxygen systems.
(a) Definition. A bulk oxygen
system is an assembly of equipment, such as oxygen storage containers, pressure
regulators, safety devices, vaporizers, manifolds, and interconnecting piping, with
storage capacity more than 13,000 cubic feet of oxygen, Normal Temperature and Pressure
(NTP), connected in service or ready for service, or more than 25,000 cubic feet
of oxygen (NTP) including unconnected reserves on hand at the site. The bulk oxygen
system ends where oxygen at service pressure first enters the supply line. The oxygen
containers may be stationary or movable, and the oxygen may be gas or liquid.
(b) Location.
(A) General. Bulk oxygen
storage systems must be above ground, outdoors or in a noncombustible building,
adequately vented and used exclusively for oxygen storage. Locate containers and
associated equipment so there is no exposure to electric power lines, flammable
or combustible liquid lines, or flammable gas lines.
(B) Accessibility. Locate
the system so that it is readily accessible to mobile supply equipment at ground
level and to authorized personnel.
(C) Leakage. For liquid oxygen
storage, provide noncombustible surfacing in the area where any leakage might fall
during operation of the system and filling of the container. Asphalt or bituminous
paving is combustible.
(D) Elevation. When locating
bulk oxygen systems near above-ground flammable or combustible liquid storage that
may be either indoors or outdoors, it is advisable to locate the system on ground
higher than the flammable or combustible liquid storage.
(E) Dikes. When a bulk oxygen
system must be lower than adjacent flammable or combustible liquid storage, there
must be suitable means (such as diking, diversion curbs, or grading) to prevent
accumulation of liquids under the bulk oxygen system.
(c) Distance between systems
and exposures.
(A) The minimum distance
from any bulk oxygen storage container to exposures, measured in the most direct
line except as in (2)(c)(A)(v) and (vii) below, must be as follows:
(i) Fifty feet from combustible
structures.
(ii) Twenty-five feet from
structures with fire-resistive exterior walls or sprinklered buildings of other
construction, but not less than one-half the height of the adjacent side wall of
the structure.
(iii) At least 10 feet from
any opening in adjacent walls of fire resistive structures. Spacing from such structures
must be adequate to permit maintenance, but not be less than 1 foot.
(iv) Flammable liquid storage
above-ground. [Table not included. See ED. NOTE.]
(v) Flammable liquid storage
below-ground. [Table not included. See ED. NOTE.]
(vi) Combustible liquid storage
above-ground. [Table not included. See ED. NOTE.]
(vii) Combustible liquid
storage below ground. [Table not included. See ED. NOTE.]
(viii) Flammable gas storage.
(Such as compressed flammable gases, liquefied flammable gases and flammable gases
in low pressure gas holders). [Table not included. See ED. NOTE.]
(ix) Fifty feet from solid
materials that burn rapidly, such as excelsior or paper.
(x) Twenty-five feet from
solid materials that burn slowly, such as coal and heavy timber.
(xi) Seventy-five feet in
one direction and 35 feet in approximately 90° direction from confining walls
(not including firewalls less than 20 feet high) to provide adequate ventilation
in courtyards and similar confining areas.
(xii) Twenty-five feet from
areas such as offices, lunchrooms, locker rooms, time clock areas, and similar locations
where people may gather.
(B) Exceptions. The distances
in (2)(c)(A)(i), (ii), (iv) to (x) above, do not apply where there are protective
structures, like firewalls, between the bulk oxygen storage installation and the
exposure high enough to safeguard the oxygen storage systems. In those cases, the
bulk oxygen storage installation may be a minimum distance of 1 foot from the firewall.
(d) Storage containers.
(A) Permanently installed
containers must be on substantial noncombustible supports on firm noncombustible
foundations.
(B) Make liquid oxygen storage
containers from materials meeting the impact test requirements of paragraph UG-84
of ASME Boiler and Pressure Vessel Code, Section VIII — Unfired Pressure Vessels
— 1968. Containers operating at pressures more than 15 pounds per square inch
gage (p.s.i.g.) must comply with ASME Boiler and Pressure Vessel Code, Section VII
— Unfired Pressure Vessels — 1968. Insulation on the liquid oxygen container
must be noncombustible.
(C) High-pressure gaseous
oxygen containers must comply with one of the following:
(i) ASME Boiler and Pressure
Vessel Code, Section VIII — Unfired Pressure Vessels — 1968.
(ii) DOT Specifications and
Regulations.
(e) Piping, tubing, and fittings.
(A) Piping, tubing, and fittings
must be suitable for oxygen service and for the pressures and temperatures involved.
(B) Piping and tubing must
conform to Section 2 — Gas and Air Piping Systems of Code for Pressure Piping,
American National Standard (ANSI), B31.1-1967 with addenda B31.10a-1969.
(C) Fabricate piping or tubing
for operating temperatures below 20°F from materials meeting the impact test
requirements of paragraph UG-84 of ASME Boiler and Pressure Vessel Code, Section
VIII — Unfired Pressure Vessels — 1968, when tested at the anticipated
minimum operating temperature.
(f) Safety relief devices.
(A) Equip bulk oxygen storage
containers, regardless of design pressure, with safety relief devices required by
the ASME code or the DOT specifications and regulations.
(B) Bulk oxygen storage containers
designed and constructed according to DOT specifications must have safety relief
devices as required.
(C) Bulk oxygen storage containers
that comply with the ASME Boiler and Pressure Vessel Code, Section VIII —
Unfired Pressure Vessel — 1968 must have safety relief devices that comply
with the Compressed Gas Association Pamphlet “Safety Relief Device Standards
for Compressed Gas Storage Containers,” S-1, Part 3.
(D) Equip insulation casings
on liquid oxygen containers with suitable safety relief devices.
(E) Safety relief devices
must not allow moisture that would interfere with proper operation to collect and
freeze.
(g) Liquid oxygen vaporizers.
(A) Anchor the vaporizer
and use connecting piping sufficiently flexible to compensate for expansion and
contraction due to temperature changes.
(B) Adequately protect the
vaporizer and its piping on the oxygen and heating medium sections with safety relief
devices.
(C) Heat used in an oxygen
vaporizer must be indirectly supplied only through media such as steam, air, water
or water solutions that do not react with oxygen.
(D) If electric heaters provide
the primary source of heat, ground the vaporizing system.
(h) Equipment assembly and
installation.
(A) Remove oil, grease or
other readily oxidizable materials before placing the system in service.
(B) Make joints in piping
and tubing by welding or by using flanged, threaded, slip, or compression fittings.
Gaskets or thread sealants must be suitable for oxygen service.
(C) Valves, gages, regulators,
and other accessories must be suitable for oxygen service.
(D) People familiar with
proper practices must supervise the installation of bulk oxygen systems.
(E) After installation test
and prove tight all field erected piping at maximum operating pressure. Use oil-free,
non-flammable substances for testing.
(F) Protect storage containers,
piping, valves, regulating equipment, and other accessories from physical damage
and tampering.
(G) Adequately ventilate
enclosures for oxygen control or operating equipment.
(H) The bulk oxygen storage
location must have permanent placards that say: “OXYGEN — NO SMOKING
— NO OPEN FLAMES,” or an equivalent warning.
(I) Bulk oxygen installations
are not hazardous locations as defined and covered in Division 4/S. Therefore, general
purpose or weatherproof types of electrical wiring and equipment are acceptable
depending on whether the installation is indoors or outdoors. Install this equipment
according to Division 4/S.
(i) For installations that
require operation of equipment by the user, keep legible instructions by the equipment.
(j) Cut back or clear combustible
growth 15 feet from any bulk oxygen storage container.
[ED. NOTE: Tables referenced are available
from the agency.]
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0717
Hydrogen
Agricultural employers that use hydrogen
in any part of their operation must comply with OAR 437-002-1910.103 in subdivision
2/H.
NOTE: For your convenience, this is
the scope statement from that standard to help you know if your work falls under
its jurisdiction.
(2) Scope
(i) Gaseous hydrogen systems.
(a) Paragraph (b) of this section
applies to the installation of gaseous hydrogen systems on consumer premises where
the hydrogen supply to the consumer premises originates outside the consumer premises
and is delivered by mobile equipment.
(b) Paragraph (b) of this section
does not apply to gaseous hydrogen systems having a total hydrogen content of less
than 400 cubic feet, nor to hydrogen manufacturing plants or other establishments
operated by the hydrogen supplier or his agent for the purpose of storing hydrogen
and refilling portable containers, trailers, mobile supply trucks, or tank cars.
(ii) Liquefied hydrogen systems.
(a) Paragraph (c) of this section
applies to the installation of liquefied hydrogen systems on consumer premises.
(b) Paragraph (c) of this section
does not apply to liquefied hydrogen portable containers of less than 150 liters
(39.63 gallons) capacity; nor to liquefied hydrogen manufacturing plants or other
establishments operated by the hydrogen supplier or his agent for the sole purpose
of storing liquefied hydrogen and refilling portable containers, trailers, mobile
supply trucks, or tank cars.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0720
Flammable and Combustible Liquids
(1) Definitions:
(a) Approved — See
Universal Definitions in 4/B, OAR 437-004-0100.
(b) Closed container —
A container sealed with a lid or other device that prevents the loss of liquid or
vapor at ordinary temperatures.
(c) Combustible — A
substance or material that is able or likely to catch fire and burn.
(d) Combustible liquids —
See definition of “Flammable liquids” below.
NOTE: When Oregon OSHA revised the
Hazard Communication Standard to align with the Globally Harmonized System (GHS)
of classification and labeling of chemicals, the term “combustible liquid”
was eliminated. However, the term is still used by the National Fire Protection
Association (NFPA) and by the Oregon State Fire Marshal. The NFPA system classifies
some chemicals as “combustible liquids” that OSHA classifies as “flammable
liquids.”
(e) Explosive — something capable
of causing damage to the surroundings by chemical reaction. Also, see Universal
Definition in 4/B, OAR 437-004-0100.
(f) Flammable — something
capable of being easily ignited, burning intensely, or having a rapid rate of flame
spread. Also, see Universal Definitions in 4/B, OAR 437-004-0100.
(g) Flammable liquids —
are liquids having a flash point at or below 199.4 degrees F. (93 degrees C.) As
defined in the globally harmonized system of classification and labeling (GHS) adopted
in OSHA’s Hazard Communication Standard, flammable liquids are divided into
four categories as follows:
(A) Category 1 includes liquids
that have a flashpoint below 73.4 degrees F. (23 degrees C.) and have a boiling
point at or below 95 degrees F. (35 degrees C.)
(B) Category 2 includes liquids
that have a flashpoint below 73.4 degrees F. (23 degrees C.) and have a boiling
point above 95 degrees F. (35 degrees C.)
(C) Category 3 includes liquids
that have a flashpoint in a temperature range from at or above 73.4 degrees F. (23
degrees C.) to at or below 140 degrees F. (60 degrees C.)
(D) Category 4 includes liquids
that have a flashpoint in a temperature range from above 140 degrees F. (60 degrees
C.) to at or below 199.4 degrees F. (93 degrees C.)
NOTES: See Appendix A to OAR 437-004-0720
Flammable Liquids for a comparison of the GHS/Hazard Communication classification
system with the NFPA classification system. Examples of flammable liquids include:
Category 1: Diethyl ether (solvent used in some starting fluids) Category 2: Gasoline,
Benzene Category 3: Kerosene, Stoddard Solvent
Category 4: Diesel fuel
(h) Portable tank — A closed container
with a liquid capacity more than 60 U.S. gallons (230 liters) and not intended for
fixed installation.
(i) Safety can — An
approved closed container, of not more than 5 gallons (20 liters) capacity, with
a spring-closing lid and spout cover, and designed so that it will safely relieve
internal pressure when subjected to fire.
(2) Storage and transporting.
(a) The storage of flammable
liquids in containers with a capacity of 60 gallons (230 liters) or more must be
in fixed or portable tanks. Such tanks must meet the material and design requirements
in NFPA 30, Flammable and Combustible Liquids Code, 1996 edition.
NOTE: Tanks meeting the requirements
of a more recent edition of the NFPA 30 code will also be considered to be in compliance
with this rule.
(b) Storage of flammable liquids in
containers of less than 60 gallons (230 liters) capacity must be in one of the following
listed in Table H-1: [Table not included. See ED. NOTE.]
(c) Store flammable liquids
in a manner that will not obstruct, impede, or limit use of exits, stairways, or
areas normally used for safe exit routes.
(d) Flammable liquids transported
in passenger-type vehicles (cars, trucks, buses, carry-alls, crew transporters,
etc.) must be in safety cans, or approved containers used for petroleum fuels. Carry
these containers outside the passenger compartment, secured in a ventilated area
that prevents the accumulation of flammable or explosive vapors, and that protects
against rupture in a collision.
(3) Tanks and containers.
(a) Clearly mark tanks and
containers as required in the Hazard Communication Standard, OAR 437-004-9800(5)
Labels and other Forms of Warning. Mark fill-risers and pumps or discharge devices
with the name of the product they contain.
NOTE: Division 4/L, 437-004-1440 requires
employers to post signs reading, “No Smoking or Open Flame” (or “FLAMMABLE
— KEEP FIRE AWAY”) in areas used for fueling, and where flammable liquids
are received, dispensed, used, or stored.
(b) Protect pumps, containers, tanks,
and supports for tanks used for flammable liquids against collision damage.
(c) Mount aboveground tanks
on supports that are strong and stable enough to safely support the load. Provide
enough clearance to permit inspection and maintenance as well as clearance from
the ground.
(4) Tanks elevated for gravity
discharge.
(a) The gravity discharge
outlet must have an approved hose with a self-closing valve at the discharge end.
(b) The bottom opening for
gravity discharge must have a shut-off valve adjacent to the tank shell that can
be closed manually. Underground tanks from which fuel flows under gravity must have
a manual shut-off valve between the tank and the hose.
(5) Tanks with top openings
only.
(a) Tanks with all openings
in the top must have a firmly attached, approved pumping device and an approved
hose.
(b) Do not use siphons and
discharge devices requiring pressure in the container.
(c) There must be an effective
anti-siphoning device in the pump discharge; tank plumbing must not permit fuel
to siphon or flow from the tank when the pump is not operating, even though discharge
nozzle valves or line valves are open.
(6) Dispensing and fueling.
(a) Maintain pumping devices
or faucets used to dispense flammable liquids so they do not leak enough material
to puddle or cause a fire hazard.
(b) Fuel tanks and pumps
from which flammable liquids are dispensed must have an approved hose long enough
to fill containers.
(A) Hoses must have a metal
nozzle at the discharge end.
(B) Hoses must incorporate
an effective electrical interconnect between the nozzle and the supply tank.
(c) Do not dispense flammable
liquids into or from portable or stationary metal tanks or drums unless there is
an effective electrical interconnect (bond) between the source and the receiving
containers.
NOTES: The electrical interconnect
may be made by assuring that the metal nozzle of the approved hose is in contact
with the metal fill neck or bung of the receiving container during filling. Both
portable metal and portable plastic containers should be placed on a grounded surface
when filling.
(d) Shut off internal combustion engines,
except diesel engines, while refueling.
(7) Handling and use of flammable
liquids.
(a) Control leakage or the
escape of flammable liquids and use measures to prevent accidental spills. If a
spill occurs, promptly clean any soaked or contaminated areas.
NOTE: If you have a release or spill
of any hazardous substance at your workplace and you expect your employees to help
clean it up, other rules may apply: Division 4/Z, 437-004-9800, Hazard Communication
Standard for Agricultural Employers. Division 4/H, 437-004-0950 Hazardous Waste
Operations and Emergency Response.
(b) Use flammable liquids, including
gasoline, only where there is no open flame or other source of ignition within 50
feet of the operation, or within the possible path of vapor travel.
NOTES: This rule does not prohibit
the refueling of orchard heaters used outdoors while adjacent heaters are burning;
or the field (outdoor) refueling of portable tools while other tools are in operation.
Division 4/L, 437-004-1430 requires employers to forbid smoking, open flames, the
use of spark-producing devices or tools, and other sources of fire or ignition in
fueling areas; where fuel systems for internal combustion engines are serviced;
and where flammable liquids are received, dispensed, used, or stored.
(c) Do not use flammable liquids, including
gasoline, indoors as a solvent or for cleaning purposes unless there is adequate
ventilation to keep the concentration of vapors in the atmosphere below 20 percent
of its lower explosive limit (LEL).
NOTE: In addition to the hazards of
fire and explosion, the potential health hazards from exposure to flammable liquids
through skin contact or breathing the vapors should also be avoided.
(d) Keep flammable liquids, including
gasoline, in closed containers when not in use.
(8) Heating devices that
use flammable liquids.
NOTE: The Oregon State Mechanical Specialty
Code and the Oregon Fire Code have standards for space-heating devices and associated
equipment.
(a) Set heaters, when in use, on a stable,
level base; or mount them as specified by the manufacturer.
(b) Heaters not suitable
for use on wood floors must rest on heat insulating material of at least 1-inch
concrete, or equivalent. The insulating material must extend beyond the heater 2
feet or more in all directions.
(c) Locate heaters used near
combustible tarpaulins, canvas, or similar coverings at least 10 feet from the coverings
and securely fasten them to prevent ignition or upsetting of the heater due to wind
action on the covering or other material.
(d) Liquid-fired heaters
must have a primary safety control to stop the flow of fuel in the event of flame
failure.
NOTE: Barometric or gravity oil feed
is not a primary safety control.
(e) Do not use heating devices without
built-in means to effectively control the fuel supply and the flame in occupied
buildings.
(f) Vent heating devices
(that use flammable fuels inside occupied buildings) to the outside atmosphere except
when:
(A) The heating device has
an “approval label” issued by the American Gas Association or a nationally
recognized testing laboratory indicating it is approved for use as an unvented heater
in occupied buildings; or,
(B) Prior to entry, test
the atmosphere inside buildings where unvented heating devices are in use to assure
it is free of hazardous levels of carbon monoxide.
(g) Fuel-burning devices
must have means that prevent the emission of sparks or other sources of ignition.
(9) Design, construction,
and capacity of storage cabinets.
(a) Maximum capacity. Do
not store more than 60 gallons of Category 1, 2, or 3 flammable liquids, or more
than 120 gallons of Category 4 flammable liquids in a storage cabinet.
(b) Fire resistance. Storage
cabinets must meet NFPA 30, 1996 edition standards. Label storage cabinets with
“No Smoking or Open Flame.”
NOTES: Storage cabinets meeting the
requirements of a more recent edition of the NFPA 30 code will also be considered
to be in compliance with this rule. Storage cabinets labeled “FLAMMABLE —
KEEP FIRE AWAY” are also in compliance with this rule.
(10) Design and construction of inside
storage rooms.
(a) Construction.
(A) Construct inside storage
rooms to meet the required fire-resistive rating in NFPA 30, 1996 edition.
(B) Such construction must
comply with the test specifications in Standard Methods of Fire Tests of Building
Construction and Materials, NFPA 251, 1969 edition.
(C) Where there is an automatic
sprinkler system, design and install the system according to accepted engineering
practices.
(D) Openings to other rooms
or buildings must have noncombustible, liquid-tight, raised sills or ramps at least
4 inches high, or the floor in the storage area must be at least 4 inches below
the surrounding floors. A permissible alternate to the sill or ramp is an open-grated
trench inside the room that drains to a safe location.
(E) Openings must have approved
self-closing fire doors. The room must be liquid-tight where the walls join the
floor.
(F) Where other parts of
the building or other properties are exposed, protect windows as required in the
Standard for Fire Doors and Windows, NFPA 80, 1968 edition, for Class E or F openings.
(G) Wood at least 1-inch
nominal thickness is acceptable for shelving, racks, dunnage, scuffboards, floor
overlay, and similar installations.
NOTES: The following will also be considered
to be in compliance with this rule:Inside storage rooms meeting the requirements
of a more recent edition of the NFPA 30 code. Construction materials meeting the
specifications in a more recent edition of NFPA 251 code. Windows and openings protected
as required by a more recent edition of the NFPA 80 code.
(b) Rating and capacity. Storage in
inside storage rooms must comply with Table H-2, below. [Table not included. See
ED. NOTE.]
NOTES: Division 4/L, 437-004-1430 Sources
of Fire requires that electric lights, equipment, and wiring used where there may
be flammable or explosive gases or vapors must comply with the State Electrical
Specialty Code. Division 4/S, 437-004-3075 Agricultural Buildings with Special Hazards
has additional electrical requirements.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)
Stats. Implemented: ORS 654.001
- 654.295
Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 3-2014, f. & cert. ef. 8-8-14
437-004-0725
Spray Finishing
If you use a spray booth or a spray
room or do production-level spray finishing, you must follow the rules in Division
2/H, OAR 437-002-0107, Spray Finishing.
NOTE: The Spray Finishing rules do
not apply to outdoor spray applications to buildings, tanks, or other similar structures;
or to small, portable, spray apparatus that is not used repeatedly in the same location.
Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001
- 654.295
Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 3-2014, f. & cert. ef. 8-8-14
437-004-0770
Explosives and Blasting Agents
Agricultural employers that use explosives
and blasting agents must comply with OAR 437-002-1910.109 in subdivision 2/H.
NOTE: For your convenience, this is
the scope statement from that standard to help you know if your work falls under
its jurisdiction.
NOTE: This section applies
to the manufacture, keeping, storage, sale, transportation, and use of explosives,
blasting agents, and pyrotechnics. The section does not apply to the sale and use
(public display) of pyrotechnics, commonly known as fireworks, nor the use of explosives
in the form prescribed by the official U.S. Pharmacopeia.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0780
Storage and Handling of Liquefied
Petroleum Gases
NOTE: OAR 437-004-0790, following this
rule, covers the use of LPG and natural gas in fields and orchards. This rule (0780)
does not cover those applications.
(1) Definitions.
(a) API-ASME container —
A container built to comply with OAR 437-004-0780(3)(b)(C).
(b) ASME container —
A container built to comply with OAR 437-004-0780(3)(b)(A).
(c) Approved — See
universal definition in 4/B.
(d) Container assembly —
An assembly of the container and fittings for all container openings, including
shutoff valves, excess flow valves, liquid-level gaging devices, safety relief devices,
and protective housing.
(e) Containers — All
vessels, such as tanks, cylinders, or drums, used to transport or store liquefied
petroleum gases.
(f) DOT — Department
of Transportation.
(g) DOT container —
A container built to comply with 49 CFR Chapter 1.
(h) DOT cylinders —
cylinders meeting the requirements of 49 CFR Chapter I.
(i) DOT Specifications —
regulations of the Department of Transportation published in 49 CFR Chapter
I.
(j) Liquefied petroleum gases
— “LPG” and “LP-Gas” — Any material made mostly
of any of the following hydrocarbons, or mixtures of them; propane, propylene, butane
(normal butane or iso-butane), and butylenes.
(k) Listed — see universal
definition in 4/B.
(l) Movable fuel storage
tenders or farm carts — Containers not more than 1,200 gallons water capacity,
with wheels for towing. They are not highway vehicles, but may occasionally be moved
on public roads or highways. They are a fuel supply vehicle.
(m) P.S.I.A. — pounds
per square inch absolute.
(n) P.S.I.G. — pounds
per square inch gauge.
(o) Systems — an assembly
of the container or containers, major devices such as vaporizers, safety relief
valves, excess flow valves, regulators, and connecting piping.
(p) Vaporizer-burner —
an integral vaporizer-burner unit, dependent on the heat generated by the burner
as the source of heat to vaporize the liquid used for dehydrators or dryers.
(q) Ventilation, adequate
— when specified for the prevention of fire during normal operation, ventilation
is adequate when the concentration of the gas in a gas-air mixture does not exceed
25 percent of the lower flammable limit.
(2) Scope.
(a) Application.
(A) Paragraph OAR 437-004-0780(3)
applies to installations made according to OAR 437-004-0780(4), (5), (6) and (8),
except as noted in each of those paragraphs.
(B) Paragraphs OAR 437-004-0780(4)
through (8) have their own application statements.
(b) Exclusions. This section
does not apply to:
(A) LP-Gas refrigerated storage
systems;
(B) LP-Gas used with oxygen.
The requirements of OAR 437-004-2310 apply to that use;
(C) Low-pressure (not more
than one-half pound per square inch or 14 inches water column) LP-Gas piping systems,
and the installation and operation of residential and commercial appliances including
their inlet connections, supplied through such systems. For those systems, the National
Fire Protection Association Standard for the Installation of Gas Appliances and
Gas Piping, NFPA 54-1996 apply.
(c) Retroactivity. Unless
otherwise stated, this section is not retroactive. Existing plants, appliances,
equipment, buildings, structures, and installations for the storage, handling or
use of LP-Gas, that met the National Fire Protection Association Standard for the
Storage and Handling of Liquefied Petroleum Gases NFPA No. 58, 1995, at the time
of manufacture or installation are acceptable, if their use does not cause a recognized
hazard to employees.
(3) Basic rules.
(a) Approval of equipment
and systems.
(A) Each system using DOT
containers according to 49 CFR Part 178 must use approved container valves,
connectors, manifold valve assemblies, and regulators.
(B) Each system for domestic
or commercial use with containers of 2,000 gallons or less water capacity, other
than those built according to 49 CFR Part 178, must have a container assembly
and one or more regulators, and may include other parts. The system as a unit or
the container assembly as a unit, and the regulator or regulators, must be individually
listed.
(C) In systems using containers
of more then 2,000 gallons water capacity, each regulator, container valve, excess
flow valve, gaging device, and relief valve installed on or at the container, must
be listed by a nationally recognized testing laboratory. Refer to 29 CFR 1910.7
for the definition of nationally recognized testing laboratory.
(b) Requirements for construction
and original test of containers.
(A) Containers used with
systems in OAR 437-004-0780(5), (6) and (8), except in (6)(c)(C), must comply with
the Rules for Construction of Unfired Pressure Vessels, section VIII, Division 1,
American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code,
1968 edition.
(B) Containers constructed
according to the 1949 and earlier editions of the ASME Code do not have to comply
with paragraphs U-2 through U-10 and U-19 of it. Do not use containers constructed
according to paragraph U-70 in the 1949 and earlier editions.
(C) Containers designed,
constructed, and tested before July 1, 1961, according to the Code for Unfired Pressure
Vessels for Petroleum Liquids and Gases, 1951 edition with 1954 Addenda, of the
American Petroleum Institute and the American Society of Mechanical Engineers are
acceptable. Containers constructed according to API-ASME Code do not have to comply
with section I or with appendix to section I. Paragraphs W-601 to W-606 inclusive
in the 1943 and earlier editions do not apply.
(D) Paragraph (3)(b)(A) above
does not prohibit the use or reinstallation of containers constructed and maintained
according to the standard for the Storage and Handling of Liquefied Petroleum Gases
NFPA No. 58 in effect at the time of fabrication.
(E) Containers used with
systems covered in OAR 437-004-0780(3), (5)(c)(C), and (7), must comply with DOT
specifications effective at the date of their manufacture.
(c) Welding of containers.
(A) Welding to the shell,
head, or any other part of the container subject to internal pressure, must comply
with the code under which the tank was built. Other welding is permitted only on
saddle plates, lugs, or brackets attached to the container by the tank manufacturer.
(B) Welding of DOT containers,
must be done by a qualified manufacturer making containers of the same type, and
must comply with DOT regulations.
(d) Markings on containers.
(A) Each container in (3)(b)(A)
above, except as in (3)(b)(D) above must have these markings:
(i) A mark identifying compliance
with, and other markings required by, the rules of the reference under which the
container is constructed; or with the stamp and other markings required by the National
Board of Boiler and Pressure Vessel Inspectors.
(ii) Notation as to whether
the container is designed for underground or aboveground installation or both. If
intended for both and different style hoods are provided, the marking must indicate
the proper hood for each type of installation.
(iii) The name and address
of the supplier of the container, or with the trade name of the container.
(iv) The water capacity of
the container in pounds or gallons, U.S. Standard.
(v) The pressure in p.s.i.g.,
for which the container is designed.
(vi) The wording “This
container must not contain a product with a vapor pressure in excess of ___
p.s.i.g. at 100°F,” see (m)(G).
(vii) The tare weight in
pounds or other identified unit of weight for containers with a water capacity of
300 pounds or less.
(viii) Marking indicating
the maximum level to which the container may be filled with liquid at temperatures
between 20°F and 130°F, except on containers provided with fixed maximum
level indicators or which are filled by weighing. Markings must be increments of
not more than 20°F. This marking may be located on the liquid level gaging
device.
(ix) The outside surface
area in square feet.
(B) Marks must be on a metal
nameplate attached to the container and visible after installation of the container.
(C) When storing or using
LP-Gas and one or more other gases in the same area, the containers must identify
their content.
(e) Location of containers
and regulating equipment.
(A) Containers, and first
stage regulating equipment if used, must be outside buildings, except under one
or more of the following:
(i) In buildings used exclusively
for container charging, vaporization pressure reduction, gas mixing, gas manufacturing,
or distribution.
(ii) For portable use according
to OAR 437-004-0780(4)(e).
(iii) LP-Gas fueled engines
according to OAR 437-004-0780 (6)(j) or (k).
(iv) LP-Gas fueled industrial
trucks used according to OAR 437-004-0780(6)(l).
(v) LP-Gas fueled vehicles
garaged according to OAR 437-004-0780(6)(m).
(vi) Containers awaiting
use or resale when stored according to OAR 437-004-0780(7).
(B) Place individual containers
with respect to the nearest building or group of buildings according to Table 1.
[Table not included. See ED. NOTE.]
(C) Do not stack containers
on each other during use.
(D) Keep easily ignitible
material such as weeds and long dry grass 10 feet away from containers.
(E) Keep at least 20 feet
between liquefied petroleum gas containers and flammable liquid tanks. The minimum
separation between a container and the centerline of the dike is 10 feet. This does
not apply when LP-Gas containers of 125 gallons or less capacity are next to Class
III flammable liquid tanks of 275 gallons or less capacity.
(F) Prevent the accumulation
of flammable liquids under adjacent liquefied petroleum gas containers by diking,
diversion curbs, grading or the equivalent.
(G) Do not put liquefied
petroleum gas containers within the dikes around flammable liquid tanks.
(f) Container valves and
container accessories.
(A) Valves, fittings, and
accessories connected directly to the container including primary shutoff valves,
must have a rated working pressure of at least 250 p.s.i.g. and be suitable for
LP-Gas service. Do not use cast iron. This does not prohibit the use of container
valves made of malleable or nodular iron.
(B) Connections to containers,
except safety relief connections, liquid level gaging devices, and plugged openings,
must have shutoff valves as close to the container as practicable.
(C) Excess flow valves, must
close automatically at the rated flows of vapor or liquid as specified by the manufacturer.
The connections or line including valves, fittings, etc., being protected by an
excess flow valve must have a greater capacity than the rated flow of the excess
flow valve.
(D) Liquid level gaging devices
do not need excess flow valves if their outward flow is less than would pass through
a .055 inch opening.
(E) Openings from the container
or through fittings attached directly to it with a pressure gauge connected do not
need shutoff or excess flow valves if they are not larger than .055 inch.
(F) Except as in OAR 437-004-0780(4)(e)(A)(ii),
excess flow and back pressure check valves required here must be inside the container
or at an outside point where the line enters the container. In the latter case,
make installation so that strain beyond the excess flow or back pressure check valve
will not cause a break between the container and the valve.
(G) Excess flow valves must
have a bypass, not to exceed a .040 inch opening to allow equalization of pressures.
(H) Containers with water
capacity between 30 gallons and 2,000 gallons, filled by volume and made after December
1, 1963, must fill into the vapor space.
(g) Piping — including
pipe, tubing, and fittings.
(A) Pipe, except as in OAR
437-004-0780(6)(f)(A), must be wrought iron or steel (black or galvanized), brass,
copper, or aluminum alloy. Aluminum alloy pipe must be at least Schedule 40. Do
not use alloy 5456. Protect aluminum alloy pipe against external corrosion when
it contacts dissimilar metals other than galvanized steel. Also protect it when
it is subject to repeated wetting by such liquids as water (except rainwater), detergents,
sewage, or leaking from other piping, or it passes through flooring, plaster, masonry,
or insulation. Galvanized sheet steel or pipe, galvanized inside and out, is good
protection. The maximum nominal pipe size for aluminum pipe is 3/4 inch. Limit pressures
to less than 20 p.s.i.g. Do not install aluminum alloy pipe within 6 inches of the
ground.
(i) Vapor piping with operating
pressures not more than 125 p.s.i.g. must be suitable for a working pressure of
at least 125 p.s.i.g. It must be at least Schedule 40 (ASTM A-53-69, Grade B Electric
Resistance Welded and Electric Flash Welded Pipe or equal).
(ii) Vapor piping with operating
pressures more than 125 p.s.i.g. and all liquid piping must be suitable for a working
pressure of at least 250 p.s.i.g. It must be at least Schedule 80 if it has threaded
or threaded and back welded joints. It must be at least Schedule 40 (ASTM A-53-69
Grade B Electric Resistance Welded and Electric Flash Welded Pipe or equal) if it
has welded, or welded and flanged joints.
(B) Tubing must be seamless
and of copper, brass, steel, or aluminum alloy. Copper tubing must be type K or
L or equivalent as covered in the Specification for Seamless Copper Water Tube,
ANSI H23.1-1970 (ASTM B88-69). Aluminum alloy tubing must be Type A or B or equivalent
as in Specification ASTM B210-68. It must have markings every 18 inches indicating
compliance with ASTM Specifications. The minimum nominal wall thickness of copper
tubing and aluminum alloy tubing is in Table 2 and Table 3. [Tables not included.
See ED. NOTE.]
Protect aluminum alloy tubing against external
corrosion when it contacts dissimilar metals other than galvanized steel. Also protect
it when it is subject to repeated wetting by liquids such as water (except rainwater),
detergents, sewage, or leakage from other piping, or it passes through flooring,
plaster, masonry, or insulation. Galvanized sheet steel or pipe, galvanized inside
and out, is good protection. The maximum outside diameter for aluminum alloy tubing
is 3/4 inch. Limit pressures to less than 20 p.s.i.g. Do not install aluminum alloy
pipe within 6 inches of the ground.
NOTE: The standard size
to designate tubing is 1/8 inch smaller than its nominal outside diameter.
(C) Pipe jointmay be screwed, flanged,
welded, soldered, or brazed with a material with a melting point more than 1,000°F.
Joints on seamless copper, brass, steel, or aluminum alloy gas tubing must be made
with approved gas tubing fittings, or soldered or brazed with a material having
a melting point more than 1,000° F.
(D) For operating pressures
of 125 p.s.i.g. or less, fittings must withstand a pressure of at least 125 p.s.i.g.
For operating pressures above 125 p.s.i.g., fittings withstand a minimum of 250
p.s.i.g.
(E) You may not use threaded
cast iron pipe fittings such as ells, tees, crosses, couplings, and unions. Use
aluminum alloy fittings with aluminum alloy pipe and tubing. Use insulated fittings
where aluminum alloy pipe or tubing connects with a dissimilar metal.
(F) Strainers, regulators,
meters, compressors, pumps, etc., are not pipe fittings. This does not prohibit
the use of malleable, nodular, or higher strength gray iron for such equipment.
(G) All materials such as
valve seats, packing, gaskets, diaphragms, etc., must be resistant to the action
of liquefied petroleum gas.
(H) After assembly, test
all piping, tubing, or hose at not less than normal operating pressures. After installation,
test piping and tubing with a manometer or similar tester that shows a pressure
drop. There must be no leaks. Do not test with a flame.
(I) Use flexible connections
to compensate for expansion, contraction, jarring, vibration, and settling.
(J) Piping outside buildings
may be buried, aboveground, or both. It must have good support and protection against
physical damage. Where soil conditions warrant, protect piping against corrosion.
Where condensation may occur, the piping must pitch back to the container, or there
must be another way to change the condensate back to a vapor.
(h) Hose specifications.
(A) Hose must be made of
materials that are resistant to the action of LP-Gas. If the hose has wire braid
reinforcing, it must be corrosion-resistant.
(B) Mark hose for container
pressure “LP-Gas” or “LPG” at least every 10 feet.
(C) Hose for container pressure
must have a bursting pressure rating of not less than 1,250 p.s.i.g.
(D) Hose for container pressure
must be listed (see definitions in subdivision B).
(E) Hose connections for
container pressure must withstand, without leaks, a test pressure of at least 500
p.s.i.g.
(F) Hose and hose connections
on the low-pressure side of the regulator or reducing valve must have a bursting
pressure rating of not less than 125 p.s.i.g. or five times the set pressure of
the relief devices protecting that portion of the system, whichever is higher.
(G) Hose is acceptable on
the low-pressure side of regulators to connect to other than domestic and commercial
gas appliances if:
(i) The appliances connected
with a hose are portable and need a flexible connection.
(ii) For use inside buildings
the hose must be of minimum practical length, but not more than 6 feet except as
in OAR 437-004-0780(4)(e)(A)(vii). It may not extend from one room to another, nor
pass through any walls, partitions, ceilings, or floors. Such hose must be in view
and not concealed. Outside buildings, the hose may be longer but must be as short
as practical.
(iii) Use only approved hose.
Do not use it where temperatures are likely to be more than 125°F. Securely
connect the hose to the appliance and do not use rubber slip ends.
(iv) The shutoff valve for
an appliance connected by hose must be in the metal pipe or tubing and not at the
appliance end of the hose. When shutoff valves are installed close to each other,
take precautions to prevent operation of the wrong valve.
(v) Protect hose connected
to wall outlets from physical damage.
(i) Safety devices.
(A) Every container except
those meeting DOT specifications and every vaporizer (except motor fuel vaporizers
and except vaporizers in OAR 437-004-0780(3)(j)(B)(iii) and (5)(d)(E)(i)) whether
heated by artificial means or not, must have one or more spring loaded safety relief
valves. These valves must allow free venting to the outer air with discharge not
less than 5 feet horizontally away from any opening into nearby buildings. The rate
of discharge must meet the requirements of (3)(i)(B) or (3)(i)(C) below for vaporizers.
(B) The minimum rate of discharge
in cubic feet per minute of air at 120 percent of the maximum permitted start to
discharge pressure for safety relief valves on containers other than DOT containers
must be as follows: [Table not included. See ED. NOTE.]
(C) Minimum Required Rate
of Discharge for Safety Relief Valves for Liquefied Petroleum Gas Vaporizers (Steam
Heated, Water Heated, and Direct Fired). Determine the minimum required rate of
discharge for safety relief valves as follows:
(i) Obtain the total surface
area by adding the surface area of the vaporizer shell in square feet directly in
contact with LP-Gas and the heat exchanged surface area in square feet directly
in contact with LP-Gas.
(ii) Obtain the minimum required
rate of discharge in cubic feet of air per minute, at 60°F and 14.7 p.s.i.a.
from (3)(i)(B) above, for this total surface area.
(D) Container and vaporizer
safety relief valves must be set to start-to-discharge, with relation to the design
pressure of the container, according to Table 4.
(E) Safety relief devices
used with systems having other than DOT containers must discharge at not less than
the rates in (3)(i)(B) above, before the pressure is more than 120 percent of the
maximum (not including the 10 percent in (3)(i)(D) above) permitted start to discharge
pressure setting of the device. [Table not included. See ED. NOTE.]
(F) Some places have continuous
high temperatures that require storage of a lower vapor pressure product or the
use of a higher designed pressure vessel to prevent the safety valves opening. As
an alternative use cooling devices like sprayers, shade or other methods.
(G) Place safety relief valves
to discourage tampering. If pressure setting or adjustment is external, the relief
valves must have approved means for sealing adjustment.
(H) Shutoff valves must not
be between the safety relief devices and the container, or the equipment or piping
to which the safety relief device is connected unless there is full required capacity
flow through the safety relief device.
(I) Safety relief valves
must have direct communication with the vapor space of the container at all times.
(J) Mark each container safety
relief valve used with systems covered by OAR 437-004-0780(5), (6), and (8), except
as in (6)(c)(C) as follows:
(i) “Container Type”
of the pressure vessel on which the valve is designed to be installed;
(ii) The pressure in p.s.i.g.
at which the valve will discharge;
(iii) The actual rate of
discharge of the valve in cubic feet per minute of air at 60°F and 14.7 p.s.i.a.;
(iv) The manufacturer’s
name and catalog number, for example: T200-250-4050 AIR — indicating that
the valve is suitable for use on a Type 200 container that it is set to start to
discharge at 250 p.s.i.g., and
(v) That its rate of discharge
is 4,050 cubic feet per minute of air as noted in OAR 437-004-0780(i)(B).
(K) Safety relief valve assemblies,
including their connections, must provide the rate of flow required for the container
on which they are installed.
(L) A hydrostatic relief
valve must be between each pair of shut-off valves on liquefied petroleum gas liquid
piping to discharge into a safe atmosphere. The start-to-discharge pressure setting
must not be more than 500 p.s.i.g. The minimum setting on relief valves in piping
connected to other than DOT containers must not be lower than 140 percent of the
container relief valve setting and in piping connected to DOT containers not lower
than 400 p.s.i.g. The start-to-discharge pressure setting of a relief valve installed
on the discharge side of a pump, must be more than the maximum pressure permitted
by the recirculation device in the system.
(M) Safety relief devices
must not discharge in or beneath a building, except devices covered by OAR 437-004-0780(3)(f)(A)(i)
through (iv), or (4)(d)(A) or (e).
(N) Container safety relief
devices and regulator relief vents must be at least five (5) feet in any direction
from air openings into sealed combustion system appliances or mechanical ventilation
air intakes.
(j) Vaporizer and housing.
(A) Indirect fired vaporizers
using steam, water, or other heating medium must comply with the following:
(i) Vaporizers must comply
with OAR 437-004-0780(3)(b)(A)–(C) and have permanent marks as follows:
(I) The code marking signifying
the specifications of the vaporizer.
(II) The allowable working
pressure and temperature for the vaporizer.
(III) The sum of the outside
surface area and the inside heat exchange surface area in square feet.
(IV) The name or symbol of
the manufacturer.
(ii) Vaporizers with an inside
diameter of 6 inches or less exempted by the ASME Unfired Pressure Vessel Code,
Section VIII of the ASME Boiler and Pressure Vessel Code — 1968 must have
a design pressure not less than 250 p.s.i.g. and need no permanent marks.
(iii) Do not install heating
or cooling coils inside a storage container.
(iv) Vaporizers are acceptable
in buildings, rooms, sheds, or lean-tos used exclusively for gas manufacturing or
distribution, or in other structures of light, noncombustible construction or equivalent,
well ventilated near the floor line and roof. When vaporizing and/or mixing equipment
is in a structure or building not used exclusively for gas manufacturing or distribution,
either attached to or within such a building, separate the structure or room from
the rest of the building with a wall that will withstand a static pressure of at
least 100 pounds per square foot. This wall must have no openings or pipe or conduit
passing through it. Such structure or room must have enough ventilation and must
have a roof or at least one exterior wall of lightweight construction.
(v) Vaporizers must have,
at or near the discharge, a relief valve with an discharge rate complying with OAR
437-004-0780(3)(i)(C), except as in (4)(d)(F)(i).
(vi) The heating medium lines
into and leaving the vaporizer must have suitable means for preventing gas flow
into the heat systems in the event of tube rupture in the vaporizer. Vaporizers
must have suitable automatic means to prevent liquid passing through the vaporizers
to the gas discharge piping.
(vii) The device that supplies
the necessary heat for producing steam, hot water, or other heating medium may be
in a building, compartment, room, or lean-to that must have ventilation near the
floorline and roof to the outside. A wall that can withstand a static pressure of
at least 100 pounds per square foot must separate the device from all compartments
or rooms that have liquefied petroleum gas vaporizers, pumps, and central gas mixing
devices. This wall must have no openings or pipes or conduit passing through it.
This requirement does not apply to the domestic water heaters that may supply heat
for a vaporizer in a domestic system.
(viii) Gas-fired heating
systems supplying heat exclusively for vaporization purposes must have automatic
devices to shut off the flow of gas to main burners, if the pilot light should fail.
(ix) Vaporizers may be an
integral part of a fuel storage container directly connected to the liquid section
or gas section or both.
(x) Vaporizers must not have
fusible plugs.
(xi) Vaporizer houses must
not have unprotected drains to sewers or sump pits.
(B) Atmospheric vaporizers
using heat from the ground or surrounding air must be as follows:
(i) Buried underground; or
(ii) Inside the building
close to a point at which pipe enters the building if the capacity of the unit does
not exceed 1 quart.
(iii) Vaporizers of less
than 1 quart capacity heated by the ground or surrounding air, need not have relief
valves if adequate tests show that the assembly is safe without them.
(C) Make, mark and install
direct gas-fired vaporizers as follows:
(i)(I) In accordance with
the requirements of the American Society of Mechanical Engineers Boiler and Pressure
Vessel Code — 1968 that are applicable to the maximum working conditions for
which the vaporizer is designed.
(II) With the name of the
manufacturer; rated Btuinput to the burner; the area of the heat exchange surface
in square feet; the outside surface of the vaporizer in square feet; and the maximum
vaporizing capacity in gallons per hour.
(ii)(I) Vaporizers may be
connected to the liquid section or the gas section of the storage container, or
both; but in any case there must be at the container a manually operated valve in
each connection to permit completely shutting off when desired, of all flow of gas
or liquid from container to vaporizer.
(II) Vaporizers with capacity
not more than 35 gallons per hour must be at least 5 feet from container shutoff
valves. Vaporizers with capacity of more than 35 gallons but not more than 100 gallons
per hour must be at least 10 feet from the container shutoff valves. Vaporizers
with a capacity more than 100 gallons per hour must be at least 15 feet from container
shutoff valves.
(iii) Vaporizers may be in
buildings, rooms, housings, sheds, or lean-tos used exclusively for vaporizing or
mixing of liquefied petroleum gas. Vaporizing housing structures must be of non-combustible
construction, well ventilated near the floorline and the highest point of the roof.
When vaporizer and/or mixing equipment is located in a structure or room attached
to or within a building, such structure or room must be separated from the remainder
of the building by a wall that can withstand a static pressure of at least 100 pounds
per square foot. This wall must have no openings or pipes or conduit passing through
it. Such structure or room must have adequate ventilation, and must have a roof
or at least one exterior wall of lightweight construction.
(iv) Vaporizers must have
at or near the discharge, a relief valve with an effective discharge rate complying
with OAR 437-004-0780(3)(i)(C). The relief valve must not be subjected to temperatures
more than 140°F.
(v) Vaporizers must have
suitable automatic means to prevent liquid passing from the vaporizer to the gas
discharge piping of the vaporizer.
(vi) Vaporizers must have
means for manually turning off the gas to the main burner and pilot.
(vii) Vaporizers must have
automatic devices to shut off the flow of gas to main burners if the pilot light
should fail. When the flow through the pilot is more than 2,000 Btuper hour, the
pilot also must have an automatic device to shut off the flow of gas to the pilot
if the pilot flame goes out.
(viii) Pressure regulating
and pressure reducing equipment if within 10 feet of a direct fire vaporizer must
be separated from the open flame by a substantially airtight noncombustible partition
or partitions.
(ix) Except as in (iii),
keep the following minimum distances between direct fired vaporizers and the nearest
building or group of buildings:
(I) Ten feet for vaporizers
with a capacity of 15 gallons per hour or less vaporizing capacity.
(II) Twenty-five feet for
vaporizers with a vaporizing capacity of 16 to 100 gallons per hour.
(III) Fifty feet for vaporizers
with a vaporizing capacity more than 100 gallons per hour.
(x) Direct fired vaporizers
must not raise the product pressure above the design pressure of the vaporizer equipment
or raise the product pressure within the storage container above the pressure in
the second column of Table H-8.
(xi) Vaporizers must not
have fusible plugs.
(xii) Vaporizers must not
have unprotected drains to sewers or sump pits.
(D) Install and use direct
gas-fired tank heaters as follows:
(i) Direct gas-fired tank
heaters, and tanks to which they are applied, must only be above ground.
(ii) Tank heaters must have
permanent markings with the name of the manufacturer, the rated Btu input to the
burner, and the maximum vaporizing capacity in gallons per hour.
(iii) Tank heaters may be
an integral part of a fuel storage container directly connected to the container
liquid section, or vapor section, or both.
(iv) Tank heaters must have
a means for manually turning off the gas to the main burner and pilot.
(v) Tank heaters must have
an automatic device to shut off the flow of gas to main burners, if the pilot light
should fail. When flow through pilot exceeds 2,000 Btu per hour, the pilot also
must have an automatic safety device to shut off the gas to the pilot if the pilot
flame goes out.
(vi) Separate pressure regulating
and pressure reducing equipment if within 10 feet of a direct fired tank heater,
from the open flame by a substantially airtight noncombustible partition.
(vii) Keep these minimum
distances between a storage tank heated by a direct fired tank heater and the nearest
important building or group of buildings:
(I) Ten feet for storage
containers of less than 500 gallons water capacity.
(II) Twenty-five feet for
storage containers of 500 to 1,200 gallons water capacity.
(III) Fifty feet for storage
containers of over 1,200 gallons water capacity.
(viii) No direct fired tank
heater must raise the product pressure within the storage container over 75 percent
of the pressure set out in the second column of Table H-8.
(E) The vaporizer section
of vaporizer-burners used for dehydrators or dryers must be outside of buildings
and as follows:
(i) Vaporizer-burners must
have a minimum design pressure of 250 p.s.i.g. with a factor of safety of five.
(ii) Manually operated positive
shut-off valves must be at the containers to shut off all flow to the vaporizer-burners.
(iii) Minimum distances between
storage containers and vaporizer-burners is as follows: [Table not included. See
ED. NOTE.]
(iv) The vaporizer section
of vaporizer-burners must have a hydrostatic relief valve. The relief valve must
not be subjected to temperatures more than of 140°F. The start-to-discharge
pressure setting must be set protect the components involved, but not less than
250 p.s.i.g. The discharge must be upward and away from component parts of the equipment
and away from operating personnel.
(v) Vaporizer-burners must
have means for manually turning off the gas to the main burner and pilot.
(vi) Vaporizer-burners must
have automatic devices to shut off the flow of gas to the main burner and pilot
if it goes out.
(vii) Locate or protect pressure
regulating and control equipment so that the temperatures surrounding this equipment
do not exceed 140°F except that you may use equipment components at higher
temperatures if designed to withstand such temperatures.
(viii) Pressure regulating
and control equipment when downstream of the vaporizer must be able to withstand
the maximum discharge temperature of the vapor.
(ix) The vaporizer section
of vaporizer-burners must not have fusible plugs.
(x) Vaporizer coils or jackets
must be ferrous metal or high temperature alloys.
(xi) Equipment using vaporizer-burners
must have automatic shutoff devices upstream and downstream of the vaporizer section
connected to operate in case of excessive temperature, flame failure, and, if applicable,
insufficient airflow.
(k) Filling densities.
(A) The “filling density”
is the percent ratio of the weight of the gas in a container to the weight of water
the container will hold at 60°F. Fill containers according to the filling densities
in Table 5. [Table not included. See ED. NOTE.]
(B) Except as in (3)(k)(C)
below, any container including mobile cargo tanks and portable tank containers,
shipped under DOT jurisdiction or made according to 49 CFR Chapter I Specifications
must be charged according to 49 CFR Chapter I requirements.
(C) Portable containers not
subject to DOT jurisdiction (such as, but not limited to, motor fuel containers
on industrial and lift trucks, and farm tractors in OAR 437-004-0780(6), or containers
recharged at the installation) may be filled either by weight, or by volume using
a fixed length dip tube gaging device.
(l) LP-Gas in buildings.
(A) Pipe vapor into buildings
at pressures more than 20 p.s.i.g. only if the buildings or separate areas:
(i) Comply with this section;
(ii) Are used only for vaporization
equipment, pressure reduction, gas mixing, gas manufacturing, or distribution, or
to house internal combustion engines, industrial processes, research and experimental
laboratories, or equipment and processes using such gas and with a similar hazard;
(iii) Buildings, structures,
or equipment under construction or undergoing major renovation.
(B) Liquid is permitted in
buildings as follows:
(i) Buildings, or separate
areas of buildings, used exclusively to house equipment for vaporization, pressure
reduction, gas mixing, gas manufacturing, or distribution, or to house internal
combustion engines, industrial processes, research and experimental laboratories,
or equipment and processes using such gas and having a similar hazard; and when
such buildings, or separate areas are constructed according to this section.
(ii) Buildings, structures,
or equipment under construction or undergoing major renovation if the temporary
piping meets the following conditions:
(I) Liquid piping inside
the building must conform to the requirements of OAR 437-004-0780(3)(g), and must
not exceed three-fourths iron pipe size. Copper tubing with an outside diameter
of 3/4 inch or less is acceptable if it conforms to Type K of Specifications for
Seamless Water Tube, ANSI H23.1-1970 (ASTM B88-69) (see Table 24). All such piping
must have protection against construction hazards. Liquid piping inside buildings
must be kept to a minimum. Fasten such piping securely to walls or other surfaces
for adequate protection from breakage and place it to subject the liquid line to
lowest ambient temperatures.
(II) There must be a shutoff
valve in each intermediate branch line where it takes off the main line. A shutoff
valve must also be at the appliance end of the intermediate branch line. Such shutoff
valves must be upstream of any flexible connector used with the appliance.
(III) Suitable excess flow
valves must be in the container outlet line supplying liquid LP-Gas to the building.
A suitable excess flow valve must be immediately downstream of each shutoff valve.
Suitable excess flow valves must be installed and sized where piping size is reduced.
(IV) Hydrostatic relief valves
must comply with OAR 437-004-0780(3)(i)(l).
(V) Do not use hose to carry
liquid between the container and the building or at any point in the liquid line,
except at the appliance connector.
(VI) Where flexible connectors
are necessary for appliance installation, make them as short as practicable and
they must comply with OAR 437-004-0780(3)(g)(B) or (h).
(VII) Minimize the release
of fuel by either of the following methods when any section of piping or appliances
is disconnected.
(C) Using an approved automatic
quick-closing coupling (a type closing in both directions when coupled in the fuel
line); or
(D) Closing the valve nearest
to the appliance and allowing the appliance to operate until the fuel in the line
is consumed.
(E) Do not take portable
containers into buildings except as in OAR 437-004-0780(3)(e)(A).
(m) Transfer of liquids.
The employer must assure that:
(A) At least one attendant
stays close to the transfer connection, during the transfer of the product.
(B) Do not use or refill
containers made according to 49 CFR Part 178 and authorized by 49 CFR
Chapter 1 as a “single trip” or “nonrefillable container."
(C) Do not vent gas or liquid
to the atmosphere while transferring contents of one container to another, except
as in OAR 437-004-0780(6)(e)(D). This does not preclude the use of listed pumps
that use LP-Gas vapor as a source of energy. They may vent to the atmosphere at
a rate not more than that from a .1200 inch opening. Such venting and liquid transfer
must be at least 50 feet from the nearest building.
(D) Filling of fuel containers
for industrial trucks or motor vehicles from industrial bulk storage containers
must be at least 10 feet from the nearest masonry-walled building or at least 25
feet from the nearest building or other construction and in any case, not less than
25 feet from any building opening.
(E) Filling of portable containers,
containers on skids, fuel containers on farm tractors, or similar applications,
from storage containers used in domestic or commercial service, must be at least
50 feet from the nearest building.
(F) The filling connection
and the vent from the liquid level gages in containers, filled at point of installation,
must be at least 10 feet in any direction from air openings into sealed combustion
system appliances or mechanical ventilation air intakes.
(G) Gage and charge fuel
supply containers only in the open air or in buildings especially for that purpose.
(H) The maximum vapor pressure
of the product at 100°F during transfer into a container must comply with paragraphs
OAR 437-004-0780(c)(2) and (d)(3). (For DOT containers use DOT requirements.)
(I) Use only gases for which
the system is designed, examined, and listed, particularly regarding pressures.
(J) Pumps or compressors
must be designed for use with LP-Gas. When using compressors they must take suction
from the vapor space of the container being filled and discharge to the vapor space
of the container being emptied.
(K) Pumping systems, with
a positive displacement pump, must have a recirculating device that limits the differential
pressure on the pump under normal operating conditions to its maximum differential
pressure rating. Protect the discharge of the pumping system so that pressure is
never more than 350 p.s.i.g. If a recirculation system discharges into the supply
tank and has a manual shutoff valve, there must be an adequate secondary safety
recirculation system that has no means of making it inoperative. Manual shutoff
valves in recirculation systems must be open except during an emergency or when
the system is under repair.
(L) When necessary, unloading
piping or hoses must have suitable bleeder valves to relieve pressure before disconnection.
(M) Agricultural air moving
equipment, including crop dryers, must be off when filling supply containers unless
the air intakes and sources of ignition are at least 50 feet from the container.
(N) Agricultural equipment
using open flames or equipment with integral containers, such as flame cultivators,
weed burners, and, tractors, must be off during refueling.
(n) Tank car or transport
truck loading or unloading points and operations.
(A) The track of tank car
sidings must be relatively level.
(B) A “Tank Car Connected”
sign, as covered by DOT rules, must be at the active end or ends of the siding while
the tank car is connected.
(C) While cars are on sidetrack
for loading or unloading, block the wheels at both ends.
(D) The employer must insure
that an employee is always present during loading or unloading of tank cars or trucks.
(E) A backflow check valve,
excess-flow valve, or a shutoff valve with means of remote closing, to protect against
uncontrolled discharge of LP-Gas from storage tank piping must be close to the point
where the liquid piping and hose or swing joint pipe connect.
(F) Except as in (3)(n)(G)
below, when the size (diameter) of the loading or unloading hoses and/or piping
is reduced below the size of the tank car or transport truck loading or unloading
connections, the adaptors to which lines are attached must have either a backflow
check valve, a properly sized excess flow valve, or shutoff valve with means of
remote closing, to protect against uncontrolled discharge from the tank car or transport
truck.
(G) The requirement of (3)(n)(F)
above does not apply if the tank car or transport has a quick-closing internal valve
that remotely closes.
(H) The location of the tank
car or transport truck loading or unloading point must consider the following:
(i) Nearness to railroads
and highway traffic.
(ii) With respect to buildings
on installer’s property.
(iii) Nature of occupancy.
(iv) Topography.
(v) Type of construction
of buildings.
(vi) Number of tank cars
or transport trucks that may be safely loaded or unloaded at one time.
(vii) Frequency of loading
or unloading. Where practical, the distance of the unloading or loading point must
conform to the distances in OAR 437-004-0780(3)(e)(B).
(o) Instructions. Personnel
performing installation, removal, operation, and maintenance work must have proper
training.
(p) Electrical equipment
and other sources of ignition.
(A) Fixed electrical equipment
in classified areas must comply with OAR 437-004-0780(q). Other electrical equipment
and wiring must comply with 4/S.
(B) There must be no open
flames or other sources of ignition in vaporizer rooms (except those housing direct-fired
vaporizers), pump houses, container charging rooms or other similar locations. Direct-fired
vaporizers may not be in pump houses or container charging rooms.
(C) Liquefied petroleum gas
storage containers do not require lightning protection.
(D) Since liquefied petroleum
gas is in a closed system of piping and equipment, the system does not need to be
electrically conductive or electrically bonded for protection against static electricity.
(E) Open flames, cutting
or welding, portable electric tools, and extension lights capable of igniting LP-Gas,
must not be in classified areas in Table 6 unless the LP-Gas facilities are free
of all liquid and vapor. [Table and Figure not included. See ED. NOTE.]
(q) Fixed electrical equipment
in classified areas. Fixed electrical equipment and wiring in classified areas in
Table 6 must comply with Table 6 and subdivision 4/S. This provision does not apply
to fixed electrical equipment at residential or commercial installations of LP-Gas
systems or to systems covered by OAR 437-004-0780(4).
(r) Liquid-level gaging device.
(A) Each container made after
December 31, 1965, and filled on a volumetric basis must have a fixed liquid-level
gage to indicate the maximum filling level as in OAR 437-004-0780(b)(19)(v). Each
container made after December 31, 1969, must have permanently attached to the container
adjacent to the fixed level gage a marking showing the percentage full that will
be shown by that gage. When there is also a variable liquid-level gage, the fixed
gage will also serve as a way to check the variable gage. OAR 437-004-0780(b)(12)
requires these gages in charging containers.
(B) Arrange all variable
gaging devices so that the maximum allowed liquid level for butane, for a 50-50
mixture of butane and propane, and for propane, is readily determinable. The markings
indicating the various liquid levels from empty to full must be on the system nameplate
or gaging device or part may be on the system nameplate and part on the gaging device.
Dials of magnetic or rotary gages must show whether they are for cylindrical or
spherical containers and whether for aboveground or underground service. The dials
of gages intended for use only on aboveground containers of over 1,200 gallons water
capacity must be so marked.
(C) Gaging devices that require
bleeding of the product to the atmosphere, such as the rotary tube, fixed tube,
and slip tube, must have a bleed valve maximum opening not larger than .0550 inch,
unless they have an excess flow valve.
(D) Gaging devices must have
a design working pressure of at least 250 p.s.i.g.
(E) Length of tube or position
of fixed liquid-level gage must indicate the maximum fill level of the container
for the product contained. This level must be based on the volume of the product
at 40°F at its maximum permitted filling density for aboveground containers
and at 50°F for underground containers. The employer must calculate the filling
point for which the fixed liquid level gage must be designed according to the method
in this subdivision.
(i) It is impossible to set
out in a table the length of a fixed dip tube for various capacity tanks because
of the varying tank diameters and lengths and because the tank may be installed
either in a vertical or horizontal position. Knowing the maximum permitted filling
volume in gallons, however, the length of the fixed tube can be determined by the
use of a strapping table obtained from the container manufacturer. The length of
the fixed tube should be such that when its lower end touches the surface of the
liquid in the container, the contents of the container will be the maximum permitted
volume as determined by the following formula: [Formula not included. See ED. NOTE.]
(ii) Formula for determining
maximum volume of liquefied petroleum gas for which a fixed length of dip tube must
be set: [Table not included. See ED. NOTE.]
(iii) The maximum volume
of LP-Gas that can be in a container when determining the length of the dip tube
expressed as a percentage of total water content of the container is calculated
by the following formula.
(iv) The maximum weight of
LP-Gas which may be placed in a container for determining the length of a fixed
dip tube is determined by multiplying the maximum volume of liquefied petroleum
gas obtained by the formula in (3)(r)(E)(i) above by the pounds of liquefied petroleum
gas in a gallon at 40°F for aboveground and at 50°F for underground containers.
For example, typical pounds per gallon are below: [Formula not included. See ED.
NOTE.]
(F) Fixed liquid-level gages
on containers other than DOT containers must be stamped on the exterior of the gage
with the letters “DT” followed by the vertical distance (expressed in
inches and carried out to one decimal place) from the top of container to the end
of the dip tube or to the centerline of the gage when it is at the maximum permitted
filling level. For portable containers that may be filled in the horizontal and/or
vertical position the letters “DT” must be followed by “V”
with the vertical distance from the top of the container to the end of the dip tube
for vertical filling and with “H” followed by the proper distance for
horizontal filling. For DOT containers the stamping must be both on the exterior
of the gage and on the container. On above-ground or cargo containers where the
gages are positioned at specific levels, the marking may be in percent of total
tank contents and the marking must be on the container.
(G) Columnar gage glasses
must be restricted to charging plants where the fuel is withdrawn in the liquid
only. They must have valves with metallic handwheels, excess flow valves, and extra-heavy
glass adequately protected with a metal housing applied by the gage manufacturer.
They must be shielded against the direct rays of the sun. Do not use columnar gage
glasses on tank trucks, motor fuel tanks or on containers used in domestic, commercial,
and industrial installations.
(H) Gaging devices of the
float, or equivalent type that do not require flow for their operation and with
connections extending to a point outside the container do not have to have excess
flow valves if the piping and fittings will withstand the container pressure and
are properly protected against physical damage.
(s) Requirements for appliances.
(A) Except as in (3)(s)(B)
below, new commercial and industrial gas consuming appliances must be approved.
(B) If an appliance was made
to use a gas other than LP-Gas, it may be used with LP-Gas only after it is properly
converted, adapted and tested for performance before placing it in use.
(C) Unattended heaters inside
buildings for animal or poultry production or care must have an approved automatic
device to shut off the gas if the flame goes out.
(D) Install all agricultural
appliances or equipment according to the requirements of this section and the following:
(i) Domestic and commercial
appliances — NFPA 54-1969, Standard for the Installation of Gas Appliances
and Gas Piping.
(ii) Industrial appliances
— NFPA 54A-1969, Standard for the Installation of Gas Piping and Gas Equipment
on Industrial Premises and Certain Other Premises.
(iii) Standard for the Installation
and Use of Stationary Combustion Engines and Gas Turbines — NFPA 37-1970.
(4) Cylinder systems.
(a) Application. This paragraph
applies specifically to systems using DOT containers. All requirements of OAR 437-004-0780(3)
apply to this paragraph unless otherwise noted in OAR 437-004-0780(3).
(b) Marking of containers.
(A) Container markings must
comply with DOT regulations. Additional markings not in conflict with DOT regulations
are acceptable.
(B) Each container must show
its water capacity in pounds or other identified unit of weight unless it is filled
and maintained only by the owner or their representative and the water capacity
is identified by a code.
(C) Each container must show
its tare weight in pounds or other identified unit of weight including all permanently
attached fittings but not the cap.
(c) Description of a system.
A system includes the container base or bracket, containers, container valves, connectors,
manifold valve assembly, regulators, and relief valves.
(d) Containers and regulating
equipment outside of buildings or structures.
(A) Do not bury containers.
This does not prohibit installation below grade level if the container and regulating
equipment do not contact the ground. The area must have drainage and ventilate horizontally
to the outside air from its lowest level. The outlet must be at least 3 feet away
from any building opening that is below it.
Except as in OAR 437-004-0780(3)(i)(M), the
discharge from safety relief devices must be at least 3 feet horizontally away from
any building opening below the level of discharge and must not end beneath any building
unless the space has good ventilation and only two enclosed sides.
(B) Containers must be on a firm foundation
or otherwise firmly secured. Connect outlet pipes with a flexible or special fitting.
(e) Containers and equipment
inside buildings or structures.
(A) When you must use portable
containers inside buildings or structures follow (i) through (xii) below, and other
parts of this subparagraph (A) that apply.
(i) Use containers with and
connect only to compatible equipment or appliances.
(ii) Systems using containers
with a water capacity more than 2-1/2 pounds (nominal 1 pound LP-Gas capacity) must
have excess flow valves. The valves must be integral either with the container valves
or in the connections to the container valve outlets. In either case, an excess
flow valve must prevent strain beyond the excess flow valve from causing a break
between the container and the valve.
(iii) Regulators must be
connect directly either to the container valves or to manifolds connected to the
container values. The regulator must be suitable for use with LP-Gas. Manifolds
and fittings connecting containers to pressure regulator inlets must withstand at
least 250 p.s.i.g. service pressure.
(iv) Protect valves on containers
with a water capacity more than 50 pounds (nominal 20 pounds LP-Gas capacity) while
in use.
(v) Containers must have
markings that comply with OAR 437-004-0780(3)(d)(C) and (4)(b).
(vi) Pipe or tubing must
conform to OAR 437-004-0780(3)(g). Do not use aluminum pipe or tubing.
(vii)(I) Hose must have a
working pressure of at least 250 p.s.i.g. Hose and hose connections must be listed
by a nationally recognized testing laboratory. The hose length may be more than
the length in OAR 437-004-0780(3)(h)(G)(ii), but must be as short as practicable.
Refer to §1910.7 for definition of nationally recognized testing laboratory.
(II) Hose must be long enough
to permit compliance with spacing provisions of this subparagraph without kinking
or straining or causing hose to be so close to a burner as to be damaged by heat.
(viii) Portable heaters,
including salamanders, must have an approved automatic device to shut off the gas
if the flame does out. Heaters with inputs more than 50,000 Btu made on or after
May 17, 1967, and heaters with inputs more than 100,000 Btu made before May 17,
1967, must have either:
(I) A pilot that must light
before the main burner can be turned on; or
(II) An electric ignition
system.
NOTE: This paragraph (viii) does not
apply to tar kettle burners, torches, melting pots, nor to portable heaters less
than 7,500 B.t.u.h. input used with containers with a maximum water capacity of
2-1/2 pounds. Do not use container valves, connectors, regulators, manifolds, piping,
and tubing as structural supports for heaters.
(ix) Locate containers, regulating equipment,
manifolds, pipe, tubing, and hose to minimize exposure to abnormally high temperatures,
physical damage, or tampering by unauthorized persons.
(x) Locate and use heat producing
equipment in a way that minimizes the possibility of ignition of combustibles.
(xi) Containers with a water
capacity more than 2-1/2 pounds (nominal 1 pound LP-Gas capacity) connected for
use, must be upright on a firm and level surface.
(xii) Containers, including
the valve protective devices, must be installed to minimize the probability of impingement
of discharge of safety relief devices on containers.
(B) Containers with a maximum
water capacity of 2-1/2 pounds (nominal 1 pound LP-Gas capacity) are allowed inside
buildings as part of approved self-contained hand torch assemblies or similar appliances.
(C) You may use containers
in buildings or structures under construction or major renovation and not occupied
by the public, as follows:
(i) The maximum water capacity
of individual containers is 245 pounds (nominal 100 pounds LP-Gas capacity).
(ii) For temporary heating
such as curing concrete, drying plaster and similar applications, heaters (other
than integral heater-container units) must be at least 6 feet from any LP-Gas container.
This does not prohibit the use of heaters designed for attachment to the container
or to a supporting standard, if they do not allow direct or radiant heat application
onto the container. Blower and radiant type heaters must not point toward any LP-Gas
container within 20 feet.
(iii) If two or more heater-container
units, of either the integral or non-integral type, are in an unpartitioned area
on the same floor, separate them by at least 20 feet.
(iv) Storage of containers
awaiting use must comply with OAR 437-004-0780(7).
(D) Containers are allowed
in buildings for temporary emergency heating purposes, to prevent damage to the
buildings or contents, when the permanent heating system is temporarily out of service,
as follows:
(i) Containers and heaters
must comply with and be used according to OAR 437-004-0780(4)(e)(C).
(ii) Do not leave the temporary
heating equipment unattended.
(f) Container valves and
accessories.
(A) Valves in the assembly
of multiple container systems must allow replacement of containers without shutting
off the flow of gas in the system.
NOTE: This does not require an automatic
changeover device.
(B) Firmly attach regulators and low-pressure
relief devices to the cylinder valves, cylinders, supporting standards or the building
walls. The weather must not affect their operation.
(C) Protect valves and connections
to the containers while in transit, in storage, and while being moved into final
use, as follows:
(i) By setting into the recess
of the container to prevent their being struck if the container is dropped on a
flat surface, or
(ii) By ventilated cap or
collar, fastened to the container and strong enough to prevent the force of a blow
from affecting the valve or other connection.
(D) Keep outlet valves tightly
closed or plugged on unconnected containers, although the containers are empty.
(E) Containers with a water
capacity more than 50 pounds (approximately 21 pounds LP-Gas capacity), recharged
at the installation, must have excess flow or backflow check valves to prevent the
discharge of contents in case of failure of the filling or equalizing connection.
(g) Safety devices.
(A) Containers must have
safety devices as required by DOT regulations.
(B) A final stage regulator
of an LP-Gas system (excluding any appliance regulator) must have on the low-pressure
side with a relief valve set to start to discharge within the limits in Table 8.
[Table not included. See ED. NOTE.]
(C) When using a regulator
or pressure relief valve inside a building for other than purposes in OAR 437-004-0780(3)(e)(A)(i)–(vii),
vent the relief valve and the space above the regulator and relief valve diaphragms
to the outside air with the discharge outlet at least 3 feet horizontally away from
any building opening below the discharge. This does not apply to protected individual
appliance regulators nor to OAR 437-004-0780(4)(e) and (3)(i)(m).
(h) Reinstallation of containers.
Do not reinstall containers unless they requalify according to DOT regulations.
(i) Permissible product.
Do not put a product in a container marked with a service pressure less than four-fifths
of the maximum vapor pressure of the product at 130°F.
(5) Systems using containers
other than DOT containers.
(a) Application. This paragraph
applies specifically to systems using storage containers other than those that comply
with DOT specifications. OAR 437-004-0780(3) applies unless otherwise noted in OAR
437-004-0780(3).
(b) Design pressure and classification
of storage containers. Storage containers must comply with Table 9. [Table not included.
See ED. NOTE.]
(c) Container valves and
accessories, filler pipes, and discharge pipes.
(A) The filling pipe inlet
terminal must not be inside a building. For containers with a water capacity of
125 gallons or more, such terminals must be at least 10 feet from any building,
5 feet or more from a driveway (see OAR 437-004-0780(3)(e)(B)) and in a protective
housing built for the purpose.
(B) The filling connection
must have one of the following:
(i) Combination back-pressure
check valve and excess flow valve.
(ii) One double or two single
back-pressure check valves.
(iii) A positive shutoff
valve, with either:
(I) An internal back-pressure
valve; or
(II) An internal excess flow
valve.
(C) All openings in a container
must have approved automatic excess flow valves except in the following: Filling
connections in OAR 437-004-0780(5)(c)(B); safety relief connections, liquid-level
gaging devices OAR 437-004-0780(3)(f)(D); pressure gage connections in (3)(f)(E).
(D) If the following exist,
you do not need an excess flow valve in the withdrawal service line:
(i) Such systems’ total
water capacity does not exceed 2,000 U.S. gallons.
(ii) Control of the discharge
from the service outlet is by a manual shutoff valve that is:
(I) Threaded directly into
the service outlet of the container; or
(II) Is an integral part
of a substantial fitting threaded into or on the service outlet of the container;
or
(III) Threaded directly into
a substantial fitting threaded into or on the service outlet of the container.
(iii) The shutoff valve has
an attached handwheel or the equivalent.
(iv) The controlling orifice
between the contents of the container and the outlet of the shutoff valve is not
more than 5/16 inch in diameter for vapor withdrawal systems and 1/8 inch in diameter
for liquid withdrawal systems.
(v) An approved pressure-reducing
regulator is directly attached to the outlet of the shutoff valve and is rigidly
supported, or that an approved pressure-reducing regulator is attached to the outlet
of the shutoff valve with a suitable flexible connection, if the regulator has adequate
support and protection on or at the tank.
(E) All inlet and outlet
connections except safety relief valves, liquid level gaging devices and pressure
gages on containers of 2,000 gallons water capacity, or more, and on any container
that supplies fuel directly to an internal combustion engine, must have labeling
to show whether they communicate with vapor or liquid space. Labels may be on valves.
(F) Instead of an excess
flow valve, openings may have a quick-closing internal valve that, except during
operating periods remains closed. The internal mechanism for such valves may have
a secondary control that must have a fusible plug (not more than 220° melting
point) that closes the internal valve automatically in case of fire.
(G) There can be only two
plugged openings on a container of 2,000 gallons or less water capacity.
(H) Containers of 125 gallons
water capacity or more made after July 1, 1961, must have an approved device for
liquid evacuation. The minimum size is 3/4 inch National Pipe Thread minimum. A
plugged opening does not satisfy this requirement.
(d) Safety Devices.
(A) All safety devices must
comply with the following:
(i) All container safety
relief devices must be on the containers and have a direct link with the vapor space
of the container.
(ii) Protect safety relief
device discharge terminals against physical damage and such discharge pipes must
have loose rain caps. There can be no return bends or restrictive pipe fittings.
(iii) Discharge lines from
two or more safety relief devices on the same unit, or similar lines from two or
more different units, may be run into a common discharge header, if the cross-sectional
area of the header is at least equal to the sum of the crosssectional areas of the
individual discharge lines, and the setting of safety relief valves are the same.
(iv) Each storage container
of more than 2,000 gallons water capacity must have a suitable pressure gage.
(v) A final stage regulator
of an LP-Gas system (excluding any appliance regulator) must have, on the low-pressure
side, a relief valve set to start to discharge within the limits in Table 8.
(vi) When a regulator or
pressure relief valve is inside a building, it and the space above the regulator
and relief valve diaphragms must vent to the outside air. The discharge outlet must
be at least 3 feet horizontally away from any opening into the building that is
below such discharge. (This does not apply to protected individual appliance regulators.)
(B) Provide safety devices
for aboveground containers as follows:
(i) Containers above ground
of 1,200 gallons water capacity or less that may contain liquid fuel must have a
spring-loaded relief valve or valves with a rate of discharge required by OAR 437-004-0780(3)(i)(B).
In addition to the required spring-loaded relief valve(s), you can use suitable
fuse plug(s) if their total discharge area for each container is not more than 0.25
square inches.
(ii) The fuse plugs must
melt between 208°F and 220°F. Relief valves and fuse plugs must have a
direct link with the container’s vapor space.
(iii) On a container with
a water capacity more than 125 gallons, but not more than 2,000 gallons, vent the
discharge from the safety relief valves away from the container vertically upwards
and unobstructed to prevent any impingement of escaping gas upon the container.
Use loose-fitting rain caps. There must be a way to drain condensate that may accumulate
in the relief valve or its discharge pipe.
(iv) On containers of 125
gallons water capacity or less, the discharge from safety relief devices must be
at least 5 feet horizontally away from any opening into the building below the level
of the discharge.
(v) On a container with a
water capacity more than 2,000 gallons, the discharge from the safety relief valves
must vent away from the container vertically upwards to a point at least 7 feet
above the container, and unobstructed to the open air in a way that prevents any
impingement of escaping gas upon the container. Use only loose-fitting rain caps.
Condensation inside the safety relief valve or its discharge pipe must not make
the valve inoperative. If there is a drain, there must be a way to protect the system
against impingement of flame from ignition of any product escaping from the drain.
(e) Vaporizers. Safety devices
for vaporizers must be provided as follows:
(A) Vaporizers of less than
1 quart total capacity, heated by the ground or the surrounding air, need not have
safety relief valves if adequate tests certified by any of the authorities in OAR
437-004-0780(3)(b), demonstrate that the assembly is safe without them.
(B) Vaporizers must not have
fusible plugs.
(f) Reinstallation of containers.
Containers may be reinstalled if they do not show any evidence of harmful external
corrosion or other damage. Containers reinstalled underground, must have corrosion
resistant coating in good condition (see OAR 437-004-0780(5)(h)(D)). Containers
reinstalled above ground, must have safety devices and gaging devices that comply
with OAR 437-004-0780(5)(d) and 437-004-0780(3)(r) respectively.
(g) Capacity of containers.
Maximum capacity for a storage container is 90,000 gallons water capacity.
(h) Installation of storage
containers.
(A) Above ground containers,
except as in (5)(h)(G) below, must have substantial masonry or noncombustible structural
supports on firm masonry foundation.
(B) Aboveground containers
have support as follows:
(i) Horizontal containers
must be on saddles in such a manner as to permit expansion and contraction. Use
structural metal supports only with approved fire protection. There must be suitable
means of preventing corrosion on the part of the container that contacts the foundations
or saddles.
(ii) Containers of 2,000
gallons water capacity or less may have non-fireproofed ferrous metal supports if
mounted on concrete pads or footings, and if the distance from the outside bottom
of the container shell to the concrete pad, footing, or the ground is not more than
24 inches.
(C) Any container may have
non-fireproofed ferrous metal supports if mounted on concrete pads or footings,
and if the distance from the outside bottom of the container to the ground is not
more than 5 feet, if the container is in an isolated location.
(D) Containers may be partially
buried if the following requirements are met:
(i) The portion of the container
below the surface and for a vertical distance not less than 3 inches above the surface
of the ground is protected to resist corrosion, and the container is protected against
settling and corrosion as required for fully buried containers.
(ii) Spacing requirements
must be as specified for underground tanks in OAR 437-004-0780(3)(f)(B).
(iii) Relief valve capacity
must be as required for aboveground containers.
(iv) Container is not subject
to vehicular damage, or has adequate protection against such damage.
(v) Filling densities must
be as required for above-ground containers.
(E) The top of buried containers
must be at least 6 inches below grade. Where an underground container might be subject
to abrasive action or physical damage due to vehicular traffic or other causes,
it must be:
(i) Not less than 2 feet
below grade; or
(ii) Otherwise protected
against such physical damage.
NOTE: It will not be necessary to cover
the portion of the container to which manhole and other connections are affixed;
however, where necessary, there must be protection against vehicular damage. When
necessary to prevent floating, containers must be securely anchored or weighted.
(F)(i) Containers must have a protective
coating before being placed under ground. This coating must be equivalent to hot-dip
galvanizing or to two coatings of red lead followed by a heavy coating of coal tar
or asphalt. In lowering the container into place, do not damage to the coating.
Repair any damage to the coating must before backfilling.
(ii) Containers must be on
a firm foundation (firm earth is okay) and surrounded with earth or sand firmly
tamped in place.
(G) Containers with attached
foundations (portable or semi-portable containers with suitable steel “runners”
or “skids” known in the industry as “skid tanks”) must comply
with these rules subject to the following:
(i) If they are for a given
general location for a temporary period not longer than 6 months they need not have
fire-resisting foundations or saddles but must have adequate ferrous metal supports.
(ii) The outside bottom of
the container shell must not be more than 5 feet above the ground unless there are
fire-resisting supports.
(iii) The bottom of the skids
must be at least 2 inches but not more than 12 inches below the outside bottom of
the container shell.
(iv) Flanges, nozzles, valves,
fittings, and the like, having communication with the interior of the container,
must have protection against physical damage.
(v) When not permanently
on fire-resisting foundations, piping connections must be sufficiently flexible
to minimize the possibility of breakage or leakage of connections if the container
settles, moves, or is otherwise displaced.
(vi) Secure skids or lugs
for attachment of skids, to the container according to the code or rules under which
it was designed and built (with a minimum factor of safety of four) to withstand
loading in any direction equal to four times the weight of the container and attachments
when filled to the maximum permissible loaded weight.
(H) Field welding where necessary
must be made only on saddle plates or brackets which were applied by the manufacturer
of the tank.
(I) For aboveground containers,
secure anchorage or adequate pier height must be provided against possible container
flotation wherever sufficiently high floodwater might occur.
(J) When permanently installed
containers are interconnected, compensate for expansion, contraction, vibration,
and settling of containers, and interconnecting piping. Where flexible connections
are used, they must be an approved type and must designed for a bursting pressure
of at least five times the vapor pressure of the product at 100°F. Do not use
nonmetallic hose for permanently interconnecting such containers.
(K) Container assemblies
listed for interchangeable installation above ground or under ground must conform
to the requirements for above-ground installations with respect to safety relief
capacity and filling density. For installation above ground all other requirements
for above-ground installations apply. For installation under ground all other requirements
for underground installations apply.
(i) Protection of container
accessories. Protect valves, regulating, gaging, and other container accessory equipment
against tampering and physical damage.
(j) Drips for condensed gas.
Where vaporized gas on the low-pressure side of the system may condense to a liquid
at normal operating temperatures and pressures, there must be suitable means for
revaporization of the condensate.
(k) Damage from vehicles.
Protect LP-Gas systems from vehicle traffic.
(l) Drains. Do not direct
drains or blowoff lines into or near sewer systems.
(m) Lighting. Electrical
equipment and installations must comply with OAR 437-004-0780(3)(n) and (o).
(n) Vaporizers for internal
combustion engines. Paragraph OAR 437-004-0780(6)(g) applies.
(o) Gas regulating and mixing
equipment for internal combustion engines. Paragraph OAR 437-004-0780(6)(h) applies.
(6) Liquefied petroleum gas
as a motor fuel.
(a) Application.
(A) This applies to internal
combustion engines, fuel containers, and equipment for the use of LPG as a motor
fuel on portable units including self-propelled vehicles.
(B) Paragraph OAR 437-004-0780(5)
covers fuel containers and equipment for stationary internal combustion engines
using LPG. This does not apply to containers for transportation of liquefied petroleum
gases. All of OAR 437-004-0780(3) applies to this paragraph, unless otherwise noted
in OAR 437-004-0780(3).
(b) General.
(A) Do not fuel vehicles
while passengers are on board.
(B) Fuels industrial trucks
(including forklifts) with permanently mounted fuel tanks outdoors. Charging equipment
must comply with paragraph (8).
(C) LP-Gas fueled industrial
trucks must comply with the Standard for Type Designations, Areas of Use, Maintenance
and Operation of Powered Industrial Trucks, NFPA 505-1969.
(D) Engines on vehicles must
be off while fueling if the fueling operation involves venting to the atmosphere.
(c) Design pressure and classification
of fuel containers.
(A) Except as in (6)(c)(B)
and (C) below, containers must comply with Table 10.
(B) Fuel containers for use
in industrial trucks (including forklifts) must be either DOT containers authorized
for LP-Gas service with a minimum service pressure of 240 p.s.i.g. or minimum Container
Type 250. Under 1950 and later ASME codes, this means a 312.5 p.s.i.g. design pressure
container. [Table not included. See ED. NOTE.]
(C) Containers made and maintained
under DOT specifications and regulations are acceptable fuel containers. They must
conform to all requirements of this paragraph.
(D) All container inlets
and outlets except safety relief valves and gaging devices must have labels that
designate whether they link to vapor or liquid space. Labels may be on valves.
(d) Installation of fuel
containers.
(A) Containers must be in
a place that minimize the possibility of damage. Containers in the rear of trucks
and buses, when protected by bumpers, comply. Fuel containers on passenger-carrying
vehicles must be as far from the engine as practicable. There must be a seal between
the passenger space or any space with radio equipment and the container space to
prevent direct seepage of gas to these spaces. The container compartment must vent
to the outside. If the fuel container is near the engine or the exhaust system,
shield it from direct heat.
(B) Mount all fuel containers
to prevent jarring loose, slipping, or rotating. The fastenings must withstand static
loading in any direction equal to twice the weight of the tank and attachments when
filled using a safety factor of not less than four. Only do field welding on saddle
plates, lugs or brackets, originally attached to the container by the manufacturer.
(C) Permanently install fuel
containers on buses.
(e) Valves and accessories.
(A) Container valves and
accessories must have a rated working pressure of at least 250 p.s.i.g., and suitable
for use on a liquefied petroleum gas service.
(B) The filling connection
must have an approved double back-pressure check valve, or a positive shutoff in
conjunction with an internal back-pressure check valve. On a removable container
the filler valve may be a hand operated shutoff valve with an internal excess flow
valve. Main shutoff valves on the container on liquid and vapor lines must be readily
accessible.
(C) With the exceptions of
(D)(iii) below, filling connections with approved automatic back-pressure check
valves, and safety relief valves, all connections to containers with openings for
the flow of gas more than .055 inch must have approved automatic excess flow valves.
(D) Liquid-level gaging devices:
(i) Do not use variable liquid-level
gages that require the venting of fuel to the atmosphere on fuel containers of industrial
trucks (including forklifts).
(ii) On portable containers
that fill vertically and/or horizontally, the fixed liquid-level gage must show
maximum permitted filling level for both vertical and horizontal filling with the
container oriented to place the safety relief valve in communication with the vapor
space.
(iii) For containers used
only on farm tractors and charged at a point at least 50 feet from any building,
the fixed liquid-level gaging device may equal that passed by a .1200 inch opening.
You do not need an excess flow valve. Mark fittings with the restricted opening
and the container they are on to show the size of the opening.
(iv) Protect all valves and
connections on containers from damage. For farm tractors where parts of the vehicle
protect the valves and fittings, this requirement is met. On removable containers
the protection for the fittings must be permanently attached.
(v) For systems with removable
fuel containers, there must be a way in the system to minimize the escape of fuel
when exchanging containers. Either of these methods are acceptable:
(I) Using an approved automatic
quick-closing coupling (a type closing in both directions when uncoupled) in the
fuel line, or
(II) Closing the valve at
the fuel container and allowing the engine to run until the fuel line is empty.
(f) Piping — including
pipe, tubing, and fittings.
(A) Pipe from fuel container
to first-stage regulator must be at least schedule 80 wrought iron or steel (black
or galvanized), brass or copper; or seamless copper, brass, or steel tubing. Steel
tubing must have a minimum wall thickness of 0.049 inch. Steel pipe or tubing must
have protection against exterior corrosion. Copper tubing must be types K or L or
equivalent with a minimum wall thickness of 0.032 inch. Approved flexible connections
may be used between container and regulator or between regulator and gas-air mixer
within the limits of approval. Do not use aluminum pipe or tubing. For removable
containers use an approved flexible connection between the container and the fuel
line.
(B) Install, brace and support
all piping to reduce to a minimum the possibility of vibration strains or wear.
(g) Safety devices.
(A) Use only spring-loaded
internal type safety relief valves on motor fuel containers.
(B) The discharge outlet
from safety relief valves must be on the outside of enclosed spaces and as far as
practicable from possible sources of ignition. It must vent upward within 45 degrees
of the vertical to prevent impingement of escaping gas on containers, or parts of
vehicles, or on vehicles in adjacent lines of traffic. Use a rain cap or other protector
to keep water and dirt from collecting in the valve.
(C) When using a discharge
line from the container safety relief valve, the line must be metallic, other than
aluminum, and may not restrict the required flow of gas from the safety relief valve.
Such discharge line must be able to withstand the pressure resulting from the discharge
of vapor when the safety relief valve is fully open. When flexibility is necessary,
use flexible metal hose or tubing.
(D) You can fill portable
containers with volumetric filling in either the vertical or horizontal position
only if the safety relief valve links with the vapor space.
(E) Paragraph OAR 437-004-0780(3)(i)(L)
for hydrostatic relief valves applies.
(h) Vaporizers.
(A) Vaporizers and any part
thereof and other devices that may be subjected to container pressure must have
a design pressure of at least 250 p.s.i.g.
(B) Each vaporizer must have
a valve or suitable plug which will permit substantially complete draining of the
vaporizer. It must be located at or near the lowest portion of the section occupied
by the water or other heating medium.
(C) Securely fasten vaporizers
to minimize the possibility of their becoming loose.
(D) Permanently mark each
vaporizer at a visible point as follows:
(i) With the design pressure
of the fuel-containing portion in p.s.i.g.
(ii) With the water capacity
of the fuel-containing portion of the vaporizer in pounds.
(E) Devices to supply heat
directly to a fuel container must have an automatic device to cut off the supply
of heat before the pressure inside the fuel container reaches 80 percent of the
start to discharge pressure setting of the safety relief device on the fuel container.
(F) Engine exhaust gases
are acceptable as a direct source of heat supply for the vaporization of fuel if
the materials of construction of those parts of the vaporizer in contact with exhaust
gases are resistant to the corrosive action of exhaust gases and the vaporizer system
is designed to prevent excessive pressures.
(G) Vaporizers must not have
fusible plugs.
(i) Gas regulating and mixing
equipment.
(A) Approved automatic pressure
reducing equipment must be between the fuel supply container and gas-air mixer to
reduce the pressure of the fuel delivered to the gas-air mixer.
(B) An approved automatic
shutoff valve must be in the fuel system ahead of the inlet of the gas-air mixer,
to prevent flow of fuel to the mixer when the ignition is off and the engine is
not running. For industrial trucks and engines operating in buildings other than
those that exclusively house engines, the automatic shutoff valve must operate if
the engine stops. Atmospheric type regulators (zero governors) are adequate as an
automatic shutoff valve only in outdoor operation such as farm tractors, irrigation
pump engines, and on other outdoor stationary engines.
(C) The source of the air
for combustion must be completely isolated from the passenger compartment, ventilating
system, or air conditioning system.
(j) Capacity of containers.
No single fuel container on passenger carrying vehicles can be more than 200 gallons
water capacity. No single fuel container on other vehicles normally operating on
the highway can be more than 300 gallons water capacity.
(k) Stationary engines in
buildings. Stationary engines and gas turbines in buildings, including portable
engines used instead of or to supplement stationary engines, must comply with the
Standard for the Institution and Use of Stationary Combustion Engines and Gas Turbines,
NFPA 37-1970, and OAR 437-004-0780(a), (b), and (c).
(l) Portable engines in buildings.
(A) Only use portable engines
in buildings for emergencies, except as in OAR 437-004-0780(10).
(B) Exhaust gases must discharge
outside the building or to an area where they are not hazard.
(C) There must be sufficient
air for combustion and cooling.
(D) An approved automatic
shutoff valve must be in the fuel system ahead of the engine, to prevent flow of
fuel to the engine when the ignition is off or if the engine stops.
(E) The capacity of LP-Gas
containers used with such engines must comply with OAR 437-004-0780(4)(e).
(m) Industrial trucks inside
buildings.
(A) LP-Gas-fueled industrial
trucks are permitted in buildings and structures.
(B) No more than two LP-Gas
containers can be on an industrial truck for motor fuel purposes.
(C) Do not leave industrial
trucks unattended near sources of ignition.
(n) Garaging LP-Gas-fueled
vehicles.
(A) LP-Gas-fueled vehicles
may be stored or serviced inside garages.
(B) Keep the shutoff valve
closed on LP-Gas-fueled vehicles being repaired in garages except when the engine
must run.
(7) Storage of containers
awaiting use.
(a) Application. This paragraph
applies to the storage of portable containers not more than 1,000 pounds water capacity,
filled or partially filled, at user location but not connected for use.
(b) General.
(A) Do not store containers
near sources of heat or ignition or near stairs or exits.
(B) Keep the outlet valves
of stored containers closed.
(C) Empty containers, stored
inside, that have held LP-Gas are treated like full containers when calculating
the maximum quantity of LP-Gas permitted by this paragraph.
(c) Storage within buildings
not frequented by the public (such as agricultural buildings). Do not store more
than 300 pounds (approximately 2,550 cubic feet in vapor form) except as in (d)
below.
(d) Storage within special
buildings or rooms.
(A) Do not store more than
10,000 pounds of LP-Gas in special buildings or rooms.
(B) The walls, floors, and
ceilings of container storage rooms that are within or next to other parts of the
building must have at least a 2-hour fire resistance rating.
(C) Part of the exterior
walls or roof with an area at least 10 percent of the combined area of the enclosing
walls and roof must be of explosion relieving construction.
(D) Each opening from such
storage rooms to other parts of the building must have a 1-1/2 hour (B) fire door
listed by a nationally recognized testing laboratory. Refer to §1910.7 for
definition of nationally recognized testing laboratory.
(E) The must be no open flames
in the rooms.
(F) The rooms must have adequate
ventilation both top and bottom to the outside only. The openings from such vents
must be at least 5 feet away from any other opening into any building.
(G) The floors of such rooms
must not be below ground level.
(H) The rooms may not adjoin
a property line occupied by schools, churches, hospitals, athletic fields or other
public gathering places.
(I) Fixed electrical equipment
must comply with OAR 437-004-0780 (3)(o).
(e) Storage outside buildings.
(A) Storage outside buildings,
for containers awaiting use, must comply with Table 11 with respect to:
(i) The nearest building
or group of buildings;
(ii) Busy highways; [Table
not included. See ED. NOTE.]
(B) Containers must be in
a suitable enclosure or otherwise protected against tampering.
(f) Fire protection. Storage
locations must have at least one approved portable fire extinguisher with rating
of 8-B, C or more.
(8) Liquefied petroleum gas
dispensing.
(a) Application. This paragraph
applies to storage containers, dispensing devices, and equipment where LP-Gas is
stored and dispensed into fuel tanks of motor vehicles. See OAR 437-004-0780(6)
for requirements covering use of LP-Gas as a motor fuel. All requirements of OAR
437-004-0780(3) apply to this paragraph unless otherwise noted.
(b) Design pressure and classification
of storage containers. Storage containers must comply with Table 12. [Table not
included. See ED. NOTE.]
(c) Container valves and
accessories.
(A) A filling connection
on the container must have one of the following:
(i) A combination back-pressure
check and excess flow valve.
(ii) One double or two single
back-pressure valves.
(iii) A positive shutoff
valve, in conjunction with either:
(I) An internal back-pressure
valve; or
(II) On internal excess flow
valve.
NOTE: Instead of an excess flow valve,
filling connections may have a quick-closing internal valve, that must remain closed
except during operating periods. The mechanism for such valves may have a secondary
control that causes it to close automatically in case of fire. When using a fusible
plug, its melting point must not be more than 220° F
(B) A filling pipe inlet terminal not
on the container must have a positive shutoff valve in conjunction with either:
(i) A black pressure check
valve; or
(ii) An excess flow check
valve.
(C) All openings in the container
except those below must have approved excess flow check valves:
(i) Filling connections as
in subdivision (A) above.
(ii) Safety relief connections
as in OAR 437-004-0780(3)(f)(B).
(iii) Liquid-level gaging
devices as in OAR 437-004-0780(3) (f)(D).
(iv) Pressure gage connections
as in OAR 437-004-0780(3) (f)(E).
(D) All container inlets
and outlets except those listed below must have labels to designate whether they
connect with vapor or liquid (labels may be on valves):
(i) Safety relief valves.
(ii) Liquid-level gaging
devices.
(iii) Pressure gages.
(E) Each storage container
must have a suitable pressure gage.
(d) Safety-relief valves.
(A) All safety-relief devices
must be as follows:
(i) On the container and
directly connected with the vapor space.
(ii) Safety-relief valves
and discharge piping must have protection against physical damage. The outlet must
have loose-fitting rain caps. There must be no return bends or restrictions in the
discharge piping.
(iii) The discharge from
two or more safety relief valves with the same pressure settings may be run into
a common discharge header. The cross-sectional area of the header must be at least
equal to the sum of the cross-sectional areas of the individual discharges.
(iv) Safety relief devices
must not discharge in or under a building.
(B) Above ground containers
must have safety relief valves as follows:
(i) The rate of discharge,
provided by one or more valves, must be not less than in OAR 437-004-0780(3)(i)(B).
(ii) The discharge from safety
relief valves must vent to open air unobstructed and vertically in a way that prevents
any impingement of escaping gas on the container. Use loose-fitting rain caps. On
a container with a water capacity more than 2,000 gallons, the discharge from the
safety relief valves must vent away from the container vertically to a point at
least 7 feet above it. Condensation inside the relief valve or its discharge pipe
must not make the valve inoperative. If there is a drain, there must be a way protect
the container, adjacent containers, piping, or equipment against impingement of
flame from ignition of the product escaping from the drain.
(C) Underground containers
must be provided with safety relief valves as follows:
(i) The discharge from safety-relief
valves must be piped vertically upward to a point at least 10 feet above the ground.
The discharge lines or pipes must be adequately supported and protected against
physical damage.
(ii) If no liquid is put
into a container until after it is buried and covered, the rate of discharge of
the relief valves may be reduced to not less than 30 percent of the rate in OAR
437-004-0780(3)(j)(B). If liquid fuel is present during installation of containers,
the rate of discharge must be the same as for above-ground containers. Such containers
must not be uncovered until emptied of liquid fuel.
(e) Capacity of liquid containers.
Individual liquid storage containers must not exceed 30,000 gallons water capacity.
(f) Installation of storage
containers.
(A)(i) Each storage container
used exclusively in dispensing operations must comply with the following table that
specifies minimum distances to a building and groups of buildings. [Table not included.
See ED. NOTE.]
(ii) There must be a 10-foot
area around containers that is free of combustibles.
(iii) The minimum separation
between LP-Gas containers and flammable liquid tanks is 20 feet and the minimum
separation between a container and the centerline of the dike is 10 feet.
(iv) LP-Gas containers near
flammable liquid containers must have dikes, diversion curbs, or grading to protect
against the flow or accumulation of flammable liquids.
(v) LP-Gas containers must
not be within diked areas for flammable liquid containers.
(vi) Do field welding on
saddle plates or brackets applied by the container manufacturer.
(vii) Where flexible connections
are used, they must be approved type and have a bursting pressure of not less than
five times the vapor pressure of the product at 100°F. Do not use nonmetallic
hose for interconnecting such containers.
(viii) Where there may be
a high water table or flood conditions there must be protection against container
flotation.
(B) Above ground containers
must comply with this subdivision.
(i) Containers may be horizontal
or vertical.
(ii) Unless protected by
location, there must be protective barriers around containers. Do not service vehicles
within 10 feet of containers.
(iii) Container foundations
must be masonry or other noncombustible material. Containers must be on saddles
that permit expansion and contraction.
(C) Underground containers
must be installed in accordance with this subdivision.
(i) Containers must be given
a protective coating before being placed under ground. This coating must be equivalent
to hot-dip galvanizing or to two coatings of red lead followed by a heavy coating
of coal tar or asphalt. In lowering the container into place, care must be exercised
to minimize abrasion or other damage to the coating. Damage to the coating must
be repaired before back-filling.
(ii) Containers must be set
on a firm foundation (firm earth may be used) and surrounded with earth or sand
firmly tamped in place. Backfill should be free of rocks or other abrasive materials.
(iii) A minimum of 2 feet
of earth cover must be provided. Where ground conditions make compliance with this
requirement impractical, equivalent protection against physical damage must be provided.
The portion of the container to which manhole and other connections are attached
need not be covered. If the location is subjected to vehicular traffic, protect
containers by a concrete slab or other cover adequate to prevent the weight of a
loaded vehicle imposing concentrated direct loads on the container shell.
(g) Protection of container
fittings. Valves, regulators, gages, and other container fittings must have protection
against tampering and physical damage.
(h) Transport truck unloading
point. The filling pipe inlet terminal must not be in a building nor within 10 feet
of any building or driveway. It must be protected against physical damage.
(i) Piping, valves, and fittings.
(A) Piping may be underground,
aboveground, or a combination of both.
(B) Piping beneath driveways
must have protection from vehicle damage.
(C) Piping must be wrought
iron or steel (black or galvanized), brass or copper pipe; or seamless copper, brass,
or steel tubing and suitable for a minimum pressure of 250 p.s.i.g. Pipe joints
may be screwed, flanged, brazed, or welded. Do not use aluminum alloy piping or
tubing.
(D) All shutoff valves (liquid
or gas) must be suitable for liquefied petroleum gas service and designed for not
less than the maximum anticipated operating pressure. Valves that may experience
container pressure must have a rated working pressure of at least 250 p.s.i.g.
(E) All materials used for
valve seats, packing, gaskets, diaphragms, etc., must be resistant to the action
of LP-Gas.
(F) Fittings must be steel,
malleable iron, or brass with a minimum working pressure of 250 p.s.i.g. Do not
use cast iron pipe fittings.
(G) After assembly, test
all piping to assure it is free of leaks at not less than normal operating pressures.
(j) Pumps and accessories.
All pumps and accessory equipment must be suitable for LP-Gas service, and designed
for not less than the maximum anticipated operating pressure. Accessories must have
a minimum rated working pressure of 250 p.s.i.g. Positive displacement pumps must
have suitable pressure actuated bypass valves permitting flow from pump discharge
to storage container or pump suction.
(k) Dispensing devices.
(A) Meters, vapor separators,
valves, and fittings in the dispenser must be suitable for LP-Gas service and have
a minimum working pressure of 250 p.s.i.g.
(B) Vent LP-Gas in a dispensing
device to a safe location.
(C) Pumps used to transfer
LP-Gas must allow control of the flow and prevent leakage or accidental discharge.
There must be a way outside the dispensing device to shut off the power in case
of fire or accident.
(D) A manual shutoff valve
and an excess flow check valve must be downstream of the pump and ahead of the dispenser
inlet.
(E)(i) Dispensing hose must
be resistant to the action of liquid LP-Gas and have a minimum bursting pressure
of 1,250 p.s.i.g.
(ii) An excess flow check
valve or automatic shutoff valve must be at the terminus of the liquid line at the
point of attachment of the dispensing hose.
(F)(i) LP-Gas dispensing
devices must be at least 10 feet from above ground storage containers more than
2,000 gallons water capacity. The dispensing devices must be at least 20 feet from
any building (not including canopies), basement, cellar, pit, or line of adjoining
property that may be developed and not less than 10 feet from sidewalks, streets,
or thoroughfares. No drains or blowoff lines may discharge into or near to the sewer
systems used for other purposes.
(ii) LP-Gas dispensing devices
must be on a concrete foundation or as part of a complete storage and dispensing
assembly mounted on a common base, and must be adequately protected from physical
damage.
(iii) LP-Gas dispensing devices
may not be in a building except that they may be under a weather shelter or canopy
if it is not enclosed on more than two sides. If the enclosing sides are next to
each other, the area must have proper ventilation.
(G) The dispensing of LP-Gas
into the fuel container of a vehicle must be done by a competent attendant who stays
at the LP-Gas dispenser during the entire transfer operation.
(l) Smoking. There must be
no smoking on the driveway of dispensing facilities or transport truck unloading
areas. Post signs prohibiting smoking in places easily seen by facility users.
(m) Motors. The motors of
all vehicles being fueled must be off during the fueling operations.
(n) Electrical. Electrical
equipment and installations must conform to OAR 437-004-0780(3)(n) and (o).
(o) Fire protection. Each
dispensing facility must have at least one approved portable fire extinguisher with
at least an 8-B, C, rating.
[ED. NOTE: Tables, Figures & Equations
referenced are available from the agency.]
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)
Stats. Implemented: ORS 654.001
- 654.295
Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-0790
Use of Liquefied Petroleum Gas or
Natural Gas in Fields and Orchards
(1) Scope. This applies to the storage
and use of liquefied petroleum gas or natural gas, in fields and orchards, to fuel
or power stationary orchard heaters, fans, and other such fixed equipment. It does
not cover portable orchard and field equipment. OAR 437-004-0780 covers all other
uses of these gases.
(2) Definitions.
(a) Approved — See
universal definition in 4/B.
(b) Competent person —
See universal definition in 4/B.
(c) Labeled — See universal
definition in 4/B.
(d) Liquefied petroleum gases
— "LPG" and "LP-Gas" — Any material made mostly of any of the following
hydrocarbons, or mixtures of them; propane, propylene, butane (normal butane or
iso-butane), and butylenes.
(e) Listed — See universal
definition in 4/B.
(3)(a) Components. The tank
regulator and all components in between must be labeled, listed or approved.
(b) All piping and end use
components, like fans and heaters, must be on the low pressure side of approved
regulators.
(4) Installation. Installation
of systems and equipment that use liquefied petroleum gas must only be by persons
licensed according to ORS 480.410–460 and must conform to OAR 837, division
30. (Contact the Office of State Fire Marshal for more information on these requirements.)
(5) Welding. Do not weld
on parts of the system subject to pressure.
Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001
- 654.295
Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 7-2001, f. & cert. ef. 5-15-01
437-004-0800
Storage and Handling of Anhydrous
Ammonia
(1) Scope.
(a) This standard applies
to the operation of anhydrous ammonia systems including refrigerated ammonia storage
systems.
(b) This standard does not
apply to applications that use ammonia solely as a refrigerant.
(2) Definitions.
(a) Appurtenances —
All devices such as pumps, compressors, safety relief devices, liquid-level gaging
devices, valves and pressure gages.
(b) Capacity — Total
volume of the container in standard U.S. gallons.
(c) Certified — See
universal definitions in Subdivision 4/B, OAR 437-004-0100.
(d) Code — The Boiler
and Pressure Vessel Code, Section VIII, Unfired Pressure Vessels of the American
Society of Mechanical Engineers (ASME) — 1968.
(e) Container — Includes
all vessels, tanks, cylinders, or spheres used for transportation, storage, or application
of anhydrous ammonia.
(f) Cylinder — A container
of 1,000 pounds of water capacity or less built according to Department of Transportation
specifications.
(g) Design pressure —
is identical to the term “Maximum Allowable Working Pressure” used in
the Code.
(h) DOT — U.S. Department
of Transportation.
(i) DOT specifications —
Regulations of the Department of Transportation in 49 CFR Chapter I.
(j) Farm vehicle (implement
of husbandry) — A vehicle for use on a farm with a container of not more than
1,200 gallons water capacity on it.
(k) Labeled — See universal
definitions in Subdivision 4/B, OAR 437-004-0100.
(l) Listed — See universal
definitions in Subdivision 4/B, OAR 437-004-0100.
(3) Basic rules.
(a) Approval of equipment
and systems. All systems, equipment and appurtenances must comply with one of the
following three paragraphs.
(A) If installed before February
8, 1973, it must comply with American National Standard for the Storage and Handling
of Anhydrous Ammonia, K61.1-1999 or CGA G-2.1-1999.
(B) It must be listed and
labeled by a nationally recognized testing laboratory as defined in 29 CFR 1910.7.
(C) A registered engineer
may test and certify custom designed and custom built systems as meeting the criteria
in OAR 437-004-0800(3)(a)(A). This certification must be on file with the employer
for agency review. The certification must detail the test criteria, data and results
along with the qualifications of the person doing the test.
(b) Requirements for construction,
original test and recertification of non-refrigerated containers.
(A) Only competent persons
and/or companies may design, install and maintain non-refrigerated containers.
(B) Containers used with
systems in OAR 437-004-0800(4), (7), (8) and (9) must comply with the Code (Boiler
and Pressure Vessel Code, Sec VIII, Unfired Pressure Vessels of the American Society
of Mechanical Engineers (ASME) — 1968). Construction under Table UW 12 at
a basic joint efficiency of less than 80 percent is not authorized.
(C) Containers more than
36 inches in diameter or 250 gallons water capacity must comply with one or more
of the following:
(i) Containers must be stress
relieved after fabrication according to the Code; or
(ii) Cold-form heads must
be stress relieved; or
(iii) Use only hot-formed
heads.
(D) Paragraph (B) above does
not prohibit the continued use or reinstallation of containers constructed and maintained
according to the 1949, 1950, 1952, 1956, 1959, and 1962 editions of the Code or
any revisions in effect at the time of fabrication.
(E) Welding to the shell,
head or any other part of the container subject to internal pressure must comply
with the Code. Other welding is permitted only on saddle plates, lugs or brackets
attached to the container by the container manufacturer.
(F) Containers used with
systems in OAR 437-004-0800(5) must comply with DOT specifications.
(c) Marking of containers.
Keep the original markings on refrigerated and non-refrigerated containers as they
were at the time of installation.
(d) Location of containers.
(A) When selecting the location
for the storage container consider the physiological effects as well as adjacent
fire hazards. Locate containers outside buildings unless the building was built
for this purpose.
(B) Locate permanent storage
containers 50 feet from a dug well or other sources of potable water supply, unless
the container is a part of a water-treatment installation.
(C) Keep storage areas free
of readily ignitible materials such as waste, weeds and long dry grass.
(e) Container appurtenances.
(A) Design appurtenances
to stand the maximum working pressure of that part of the system on which they are
installed. Make appurtenances from material proved suitable for anhydrous ammonia
service.
(B) All connections to containers
except safety relief devices, gaging devices, or those fitted with a .0550-inch
orifice must have shutoff valves as close to the container as practicable.
(C) Excess flow valves where
required by these standards must close automatically at the rated flows of vapor
or liquid specified by the manufacturer. The connections and line including valves
and fittings protected by an excess flow valve must have a larger capacity than
the rated flow of the excess flow valve so that the valve will close in case of
failure of the line or fittings.
(D) Liquid-level gaging devices
that require bleeding of the product to the atmosphere and are built so that outward
flow will not be more than that passed by a .0550-inch opening do not need excess
flow valves.
(E) Openings from the container
or through fittings attached directly on the container to which pressure gage connections
are made need do not need excess flow valves if they are not larger than .0550-inch.
(F) Excess flow and back
pressure check valves where required by this section must be inside the container
or if outside as close as practicable to where the line enters the container. In
the latter case installation must prevent strain beyond the excess flow or back
pressure check valve from causing a break between the container and the valve.
(G) Excess flow valves must
have a bypass not to exceed a .0400-inch opening to allow equalization of pressures.
(H) All excess flow valves
must have plain and permanent markings with the name or trademark of the manufacturer,
the catalog number, and the rated capacity.
(f) Piping, tubing and fittings.
(A) All piping, tubing and
fittings must be made of material suitable for anhydrous ammonia service.
(B) All piping, tubing and
fittings must be designed for a pressure not less than the maximum pressure under
which they might operate.
(C) All refrigerated piping
must conform to the Refrigeration Piping Code, American National Standard, B31.5-1966
with addenda B31.5a-1968 as it applies to ammonia.
(D) Piping on non-refrigerated
systems must be at least American Society for Testing and Materials (ASTM) A-53-69
Grade B Electric Resistance Welded and Electric Flash Welded Pipe or equal. For
welded or welded and flanged joints the pipe must be at least schedule 40. For threaded
joints the pipe must be at least schedule 80. Do not back-weld threaded connections.
Do not use brass, copper or galvanized steel pipe.
(E) Do not use tubing made
of brass, copper, or other material subject to attach by ammonia.
(F) Do not use cast iron
fittings but this does not prohibit the use of fittings made specifically for ammonia
service or malleable, nodular, or high strength gray iron meeting American Society
for Testing and Materials (ASTM) A47-68, ASTM 395-68 or ASTM A126-66 Class B or
C.
(G) Use joint compounds that
are resistant to ammonia.
(g) Hose specifications.
(A) Hose used in ammonia
service must conform to the joint Agricultural Ammonia Institute — Rubber
Manufacturers Association Specifications for Anhydrous Ammonia Hose.
(B) Hose subject to container
pressure must be designed for a minimum working pressure of 350 p.s.i.g. and a minimum
burst pressure of 1,750 p.s.i.g. Hose assemblies, when made up, must be capable
of withstanding a test pressure of 500 p.s.i.g.
(C) Hose and hose connections
on the low-pressure side of flow control or pressure-bleeding valves must have a
bursting pressure rating of not less than five times the pressure setting of the
safety relief devices protecting that part of the system but not less than 125 p.s.i.g.
All connections must not leak when connected.
(D) Where using hose to transfer
liquid from one container to another, “wet” hose is recommended. Such
hose must have approved shutoff valves at the discharge end. Prevent excessive pressure
in the hose.
(E) On all hose 1/2-inch
outside diameter and larger, used for the transfer of anhydrous ammonia liquid or
vapor, there must be etched, cast, or impressed at 5-foot intervals the following
information.
NOTE: “Anhydrous Ammonia”
xxx p.s.i.g. (maximum working pressure), manufacturer’s name or trademark,
year of manufacture.
NOTE: In place of this requirement
the same information may be on a nameplate permanently attached to the hose.Table
1 Footnotes
(h) Safety relief devices.
(A) Every container in systems
covered by OAR 437-004-0800(4), (7), (8) and (9) must have one or more safety relief
valves of the spring-loaded or equivalent type. The discharge from safety-relief
valves must vent away from the container, upward and unobstructed to the atmosphere.
All relief-valve discharge openings must have suitable rain caps that allow free
discharge of the vapor and prevent entrance of water. Accumulated condensation must
drain away. The rate of the discharge must comply with Table 1.
(B) Container safety-relief
valves must be set to start-to-discharge as follows, with relation to the design
pressure of the container: [Table not included. See ED. NOTE.]
(C) Safety relief devices
in systems covered by OAR 437-004-0800(4), (7), (8) and (9) must discharge at not
less than the rates in (3)(h)(A) above before the pressure is in excess of 120 percent
(not including the 10 percent tolerance in (3)(h)(B) above) of the maximum permitted
start-to-discharge pressure setting of the device.
(D) Arrange safety relief
valves to minimize the possibility of tampering. If the pressure setting adjustment
is external, the relief valves must have a means of sealing the adjustment.
(E) Shutoff valves must not
be between the safety relief valves and the container; except, that a shutoff valve
may be where the arrangement of this valve is such as to always afford full required
capacity flow through the relief valves.
(F) Safety relief valves
must have direct communication with the vapor space of the container.
(G) Each container safety
relief valve used with systems covered by OAR 437-004-0800(4), (7), (8) and (9)
must have plain and permanent markings with the symbol “NH3” or “AA”;
with the pressure in pounds-per-square-inch at which the valve is set to start-to-discharge;
with the actual rate of discharge of the valve at its full open position in cubic
feet per minute of air at 60 degrees F. and atmospheric pressure; and the manufacturer’s
name and catalog number.
Example: “NH3 250-4050 Air”
indicates that the valve is suitable for use on an anhydrous ammonia container,
is set to start-to-discharge at a pressure of 250 p.s.i.g., and that its rate of
discharge at full open position is 4,050 cubic feet per minute of air.
(H) There must be no connection on either
the upstream or downstream side that restricts the flow capacity of the relief valve.
(I) A hydrostatic relief
valve must be between each pair of valves in the liquid ammonia piping or hose to
relieve into the atmosphere at a safe location.
(i) General.
(A) All stationary storage
installations must have at least two readily accessible suit- able gas masks. Full
face masks with ammonia canisters, not cartridges, approved by the National Institute
of Occupational and Safety and Health (NIOSH), are suitable for emergency action
for most leaks, particularly those that are outdoors. For protection in concentrated
ammonia atmospheres the use of self-contained breathing air apparatus is mandatory.
Refer to OAR 437-004-1041 Respiratory Protection, Division 4/I for additional requirements
for personal protective equipment.
(B) Stationary storage installations
must have an easily accessible shower or a 50-gallon drum of water.
(C) Each vehicle transporting
ammonia in bulk except farm applicator vehicles must carry a container of at least
5 gallons of water and a full face mask.
(j) Charging of containers.
(A) The filling densities
for unrefrigerated containers must not be more than the following:
(B) Aboveground uninsulated
containers may be charged 87.5 percent by volume if the temperature of the anhydrous
ammonia being charged is not lower that 30 degrees F. or if the charging of the
container stops at the first indication of frost or ice formation on its outside
surface and does not resume until the frost or ice is gone.
(k) Transfer of liquids.
(A) Anhydrous ammonia must
always be at a temperature suitable for the material of construction and the design
of the receiving container.
(B) The employer must require
the continuous presence of an attendant in the vicinity of the operation during
ammonia transfer.
(C) Charge and use containers
only with authorization of the owner.
(D) Gage and charge containers
only in the open atmosphere or in buildings or areas for that purpose.
(E) Pumps used for transferring
ammonia must be made for that purpose.
(i) Pumps must be designed
for at least 250 p.s.i.g. working pressure.
(ii) Positive displacement
pumps must have, installed off the discharge port, a constant differential relief
valve discharging into the suction port of the pump through a line of sufficient
size to carry the full capacity of the pump at relief valve setting, which setting
and installation must be according to the pump manufacturer’s recommendations.
(iii) On the discharge side
of the pump, before the relief valve line, there must be a pressure gage graduated
from 0 to 400 p.s.i.
(iv) Plant piping must have
shutoff valves as close as practical to pump connections.
(F) Compressors for transferring
or refrigerating ammonia must be recommended for ammonia service by the manufacturer.
(i) Compressors must be designed
for at least 250 p.s.i.g. working pressure.
(ii) Plant piping must have
shutoff valves located as close as practical to compressor connections.
(iii) A relief valve large
enough to discharge the full capacity of the compressor must be connected to the
discharge before the shutoff valve.
(iv) Compressors must have
pressure gages at suction and discharge graduated to at least 1-1/2 times the maximum
pressure.
(v) Adequate means, such
as a drainable liquid trap, must be on the compressor suction to minimize the entry
of liquid into the compressor.
(G) In case the hose breaks,
loading and unloading systems must have suitable devices to prevent emptying of
the storage or supply container. Backflow check valves or properly sized excess
flow valves must be where necessary to provide this protection. If such valves are
not practical, remotely operated shutoff valves may are acceptable.
(l) Tank car unloading points
and operations.
(A) Unloading of tank cars
must conform to the applicable recommendations in DOT regulations.
(B) The employer must insure
that unloading operations are done by reliable persons properly instructed and with
the authority to monitor careful compliance with all applicable procedures.
(C) Caution signs must be
on the track or car to give warning to people approaching the car from the open
end or ends of the siding. They must be left up until after the car is empty and
disconnected from discharge connections. Signs must be metal or other suitable material,
at least 12 inches by 15 inches and bear the words “STOP — Tank Car
Connected” or “STOP — Men at Work” the word, “STOP,”
being in letters at least 4 inches high and the other words in letters at least
2 inches high.
(D) The track of a tank car
siding must be substantially level.
(E) Set the brakes and block
the wheels on cars during unloading.
(m) Liquid-level gaging device.
(A) Each container except
those filled by weight must have an approved liquid-level gaging device. A thermometer
well must be in containers without a fixed liquid-level gaging device.
(B) All gaging devices must
be arranged so that the maximum liquid level to which the container is filled is
readily determined.
(C) Gaging devices that require
bleeding of the product to the atmosphere such as the rotary tube, fixed tube, and
slip tube devices must have a maximum opening of the bleed valve not larger than
.0550-inch unless they have an excess flow valve. (This requirement does not apply
to farm vehicles used for the application of ammonia as in OAR 437-004-0800(9).)
(D) Gaging devices must have
a design pressure equal to or greater than the design pressure of their host container.
(E) Fixed tube liquid-level
gages must indicate the container’s 85 percent fill level of its water capacity.
(F) Use columnar gage glasses
only on stationary storage installations. They must have shutoff valves with metallic
handwheels, excess-flow valves and extra heavy glass adequately protected with a
metal housing applied by the gage manufacturer. They must be shielded from the direct
rays of the sun.
(n) Electrical equipment
and wiring.
(A) Electrical equipment
and wiring for use in ammonia installations must be general purpose or weather resistant
as appropriate.
(B) Electrical systems must
comply with 4/S.
(4) Systems using stationary,
non-refrigerated storage containers.
(a) Applies to all storage
containers except portable DOT containers.
(A) The minimum design pressure
and construction for non-refrigerated containers is 250 p.s.i.g.
(B) Each filling connection
must have a combination back-pressure check valve and excess-flow valve; one double
or two single back-pressure check valves; or a positive shutoff valve in conjunction
with either an internal back-pressure check valve or an internal excess flow valve.
(C) All liquid and vapor
connections to containers except filling pipes, safety relief connections, and liquid-level
gaging and pressure gage connections with orifices not larger than .0550-inch required
in OAR 437-004-0800(3)(e)(D) and (E) must have excess-flow valves.
(D) Each storage container
must have a pressure gage graduated from 0 to 400 p.s.i. Gages must be designated
for use in ammonia service.
(E) All containers must have
vapor return valves.
(b) Safety-relief devices.
(A) Every container must
have one or more safety-relief valves of the spring-loaded or equivalent type according
to OAR 437-004-0800(b)(9).
(B) The rate of discharge
of spring-loaded safety relief valves on underground containers may be a minimum
of 30 percent of the rate of discharge in Table 1. After installation, do not uncover
containers with this protection until empty of liquid ammonia. Consider containers
that may contain liquid ammonia before being installed underground and before being
completely covered with earth to be aboveground containers when determining the
rate of discharge requirements of the safety-relief valves.
(C) On underground installations
where there is a probability of the manhole or housing becoming flooded, the discharge
from vent lines must be above the high water level. All manholes or housings must
have ventilated louvers or their equivalent, the area which equal or exceed the
combined discharge areas of safety-relief valves and vent lines that discharge their
content into the manhole housing.
(D) Do not restrict vent
pipes. They may not be a smaller diameter than the relief-valve outlet connection.
(E) Vent pipes from two or
more safety-relief devices on the same unit, or similar lines from two or more different
units may run into a common discharge header, if the capacity of the header is at
least equal to the sum of the capacities of the individual discharge lines.
(c) Reinstallation of containers.
(A) Containers that were
installed underground must not be reinstalled above-ground or underground, unless
they withstand hydrostatic pressure retests at their original rating required by
the code under which they were made. They must show no serious corrosion.
(B) Containers reinstalled
aboveground, must have safety devices or gaging devices that comply with OAR 437-004-0800(i)
and this paragraph respectively for above-ground containers.
(d) Installation of storage
containers.
(A) Above ground containers,
except as in (4)(d)(E) below must have substantial concrete or masonry supports,
or structural steel supports on firm concrete or masonry foundations. All foundations
must extend below the frost line.
(B) Horizontal above ground
containers must be on foundations that permit expansion and contraction. Containers
must have supports that prevent the concentration of excessive loads on the supporting
portion of the shell. That part of the container in contact with foundations or
saddles must have corrosion protection.
(C) The top of underground
containers must be below the frost line and at least 2 feet below the surface. If
ground conditions make compliance with these requirements impracticable, installation
methods must prevent physical damage. It is not necessary to cover the part of the
container where there are manhole and other connections. Anchor or weight containers
when necessary to prevent floating.
(D) Underground containers
must be on a firm foundation (firm earth is OK) and surrounded with compacted earth
or sand. The container must have a corrosion resisting protective coating. This
coating must remain undamaged when placing the container into the ground.
(E) Containers with foundations
(portable or semi-portable tank containers with suitable steel “runners”
or “skids” and commonly known in the industry as “skid tanks”)
must comply with OAR 437-004-0800(4)(a)(A).
(F) There must be secure
anchorage or adequate pier height to prevent container flotation where high flood
water might occur.
(G) The distance between
underground containers of over 2,000 gallons capacity must be at least 5 feet.
(e) Protection of appurtenances.
(A) Protect valves, regulators,
gages and other appurtenances against tampering and physical damage. This also applies
during transit of containers.
(B) All connections to underground
containers must be within a dome, housing, or manhole and with access by means of
a substantial cover.
(f) Damage from vehicles.
Protect ammonia systems from vehicle damage.
(4) Refrigerated storage
systems.
(a) Container design.
(A) The design temperature
must be the minimum temperature to which the container will be refrigerated.
(B) Containers with a design
pressure more than 15 p.s.i.g. must comply with OAR 437-004-0800(3)(b), and the
materials must be from those in API Standard 620, Recommended Rules for
Design and Construction of Large, Welded, Low-Pressure Storage Tanks, Fourth Edition,
1970, Tables 2.02, R2.2, R2.2(A), R2.2.1, or R2.3.
(C) Containers with a design
pressure of 15 p.s.i.g. and less must comply with the applicable requirements of
API Standard 620 including its Appendix R.
(D) Use the Code as a guide
to select austenitic steels or non-ferrous materials to build containers for use
at the design temperature.
(E) The filling density for
refrigerated storage containers must be such that the container will not be liquid
full at a liquid temperature corresponding to the vapor pressure at the start-to-discharge
pressure setting of the safety-relief valve.
(b) Installation.
(A) Containers must be on
suitable non-combustible foundations.
(B) There must be adequate
protection against flotation or other water damage where high flood water might
occur.
(C) Containers for product
storage at less than 32 degrees F. must have protection from freezing and consequent
frost heaving.
(c) Shutoff valves. When
operating conditions make it advisable, there must be a check valve on the fill
connection and a remotely operated shutoff valve on other connections below the
maximum liquid level.
(d) Safety relief devices.
(A) Set safety relief valves
to start-to-discharge at a pressure not more than the design pressure of the container.
The valves must prevent a maximum pressure in the container of more than 120 percent
of the design pressure. Relief valves for refrigerated storage containers must be
self-contained spring-loaded, weight-loaded, or self-contained pilot-operated type.
(B) The total relieving capacity
must be the larger of:
(i) Possible refrigeration
system upset such as (1) cooling water failure, (2) power failure, (3) instrument
air or instrument failure, (4) mechanical failure of any equipment, (5) excessive
pumping rates.
(ii) Fire exposure determined
by Compressed Gas Association (CGA) S-1, Part 3, Safety Relief Device Standards
for Compressed Gas Storage Containers, 1959, except that “A” must be
the total exposed surface area in square feet up to 25 feet above grade or to the
equator of the storage container if it is a sphere, whichever is greater. If the
relieving capacity required for fire exposure is greater than that required by OAR
437-004-0800(a), the additional capacity may be provided by weak roof to shell seams
in containers operating at essentially atmospheric pressure and having an inherently
weak roof-to-shell seam. The weak roof-to-shell seam is not to provide any of the
capacity required in OAR 437-004-0800(a).
(C) If vent lines conduct
the vapors from the relief valve, the back pressure under full relieving conditions
must not be more than 50 percent of the start-to-discharge pressure for pressure
balanced valves or 10 percent of the start-to-discharge pressure for conventional
valves. The vent lines must prevent accumulation of liquid in the lines.
(D) The valve or valve installation
must provide weather protection.
(E) Atmospheric storage must
have vacuum breakers. Ammonia gas, nitrogen, methane, or other inert gases are acceptable
to provide a pad.
(e) Protection of container
appurtenances. Protect appurtenances against tampering and physical damage.
(f) Reinstallation of refrigerated
storage containers. When reinstalling containers that require field fabrication,
reconstruct and reinspect them according to their original construction requirements.
Pressure retest the containers and if rerating is necessary, it must comply with
applicable requirements.
(g) Damage from vehicles.
Protect containers from damage by vehicles.
(h) Refrigeration load and
equipment.
(A) Compute the total refrigeration
load as the sum of the following:
(i) Load imposed by heat
flow into the container caused by the temperature differential between design ambient
temperature and storage temperature.
(ii) Load imposed by heat
flow into the container caused by maximum sun radiation.
(iii) Maximum load imposed
by filling the container with ammonia warmer than the design storage temperature.
(B) A single refrigeration
system may serve more than one storage container.
(i) Compressors.
(A) There must be a minimum
of two compressors either of which must be large enough to handle the loads. Where
there are more than two compressors, there must be minimum standby equipment equal
to the largest normally operating equipment. Filling compressors are acceptable
as standby equipment for holding compressors.
(B) Compressors must be able
to operate with a suction pressure at least 10 percent below the minimum setting
of the safety valve(s) on the storage container and must withstand a suction pressure
at least equal to 120 percent of the design pressure of the container.
(j) Compressor drives.
(A) Each compressor must
have its individual driving unit.
(B) There must be an emergency
power source that can handle the loads unless facilities are available to safely
dispose of vented vapors while the refrigeration system is not operating.
(k) Automatic control equipment.
(A) The refrigeration system
must have suitable controls to govern the compressor operation.
(B) There must be an emergency
alarm system to function in case the container pressure rises to the maximum allowable
operating pressure.
(C) An emergency alarm and
shut-off must be in the condenser system to respond to excess discharge pressure
caused by failure of the cooling medium.
(D) All automatic controls
must be prevent operation of alternate compressors unless the controls will function
with the alternate compressors.
(l) Separators for compressors.
An entrainment separator of suitable size and design pressure must be in the compressor
suction line of lubricated compression. The separator must have a drain and gaging
device.
(m) Condensers. The condenser
system may be air or water cooled or both. The condenser must have minimum design
pressure of at least 250 p.s.i.g. There must be a way to purge noncondensibles either
manually or automatically.
(n) Receiver and liquid drain.
A receiver must have a liquid-level control to discharge the liquid ammonia to storage.
The receiver must be able to operate at least 250 p.s.i.g. and have the necessary
connections, safety valves, and gaging device.
(o) Insulation. Insulated
refrigerated containers and pipelines must have covers of a material of suitable
quality and thickness for the temperatures. Weatherproofing must be flame retardant.
(5) Systems using portable
DOT containers.
(a) Cylinders must comply
with DOT specifications and must comply with 49 CFR Chapter I and Marking Portable
Compressed Gas Containers to Identify the Material Contained, ANSI Z48.1-1954 (R1970).
(b) Store cylinders in an
area free from ignitable debris and in such manner as to prevent external corrosion.
Storage may be indoors or outdoors.
(c) Cylinders filled according
to DOT regulations will become liquid full at 145 degrees F. Protect cylinders from
heat sources such as radiant flame and steam pipes. Do not apply heat directly to
cylinders to raise the pressure.
(d) Store cylinders in a
way that protects them from vehicles or external damage.
(e) Any cylinder designed
to have a valve protection cap must have the cap securely in place when the cylinder
is not in service.
(6) Tank motor vehicles for
the transportation of ammonia.
(a) This paragraph applies
to containers and equipment on tank motor vehicles including semitrailers and full
trailers used to transport ammonia. This paragraph does not apply to farm vehicles.
For requirements covering farm vehicles, refer to OAR 437-004-0800(8) and (9). Paragraph
(b) below applies to this paragraph unless otherwise noted. Containers and pertinent
equipment for tank motor vehicles for the transportation of anhydrous ammonia, must
also comply with DOT requirements.
(b) Design pressure and construction
of containers.
(A) The minimum design pressure
for containers must comply with DOT regulations.
(B) The shell or head thickness
of containers must be at least 3/16-inch.
(C) All container openings,
except safety relief valves, liquid-level gaging devices, and pressure gages, must
have labels that designate whether they communicate with liquid or vapor space.
(c) Container appurtenances.
(A) Protect appurtenances
from physical damage.
(B) All connections to containers,
except filling connections, safety relief devices, and liquid-level and pressure
gage connections, must have suitable automatic excess flow valves, or may have quick-closing
internal valves, that must remain closed except during delivery operations. The
control mechanism for such valves may have a secondary control remote from the delivery
connections and such control mechanism must have a fusible section (melting point
208 degrees F. to 220 degrees F.) that permits the internal valve to close automatically
in case of fire.
(C) Filling connections must
have automatic back-pressure check valves, excess-flow valves, or quick-closing
internal valves, to prevent back-flow in case the filling connection breaks. You
do not need an automatic valve where the filling and discharge connect to a common
opening in the container shell and that opening has a quick-closing internal valve
as in OAR 437-004-0800(f)(3)(ii).
(D) All containers must be
capable of spray loading (filling in the vapor space) or with an approved vapor
return valve of adequate capacity.
(d) Piping and fittings.
(A) Securely mount all piping,
tubing, and fittings and protect them from damage. Protect hoses while the vehicle
is moving.
(B) Fittings must comply
with OAR 437-004-0800(3)(e). Pipe must be Schedule 80.
(e) Safety relief devices.
(A) The discharge from safety
relief valves must vent upward away from the container and to the open air in such
a manner as to prevent any impingement of escaping gas. Use loose-fitting rain caps.
Size of discharge lines from safety valves must not be smaller than the nominal
size of the safety-relief valve outlet connection. Condensate that accumulates in
the discharge pipe must drain off.
(B) Any part of liquid ammonia
piping that may close at both ends must have a hydrostatic relief valve.
(f) Transfer of liquids.
(A) Determine the content
of tank motor vehicle containers by weight, by a suitable liquid-level gaging device,
or other approved methods. If using a liquid-level measurement, the container must
have a thermometer well. This volume when converted to weight must not be more than
the filling density specified by the DOT.
(B) Any pump, except a constant
speed centrifugal pump, must have a suitable pressure actuated bypass valve permitting
flow from discharge to suction when the discharge pressure rises above a pre-determined
point. Pump discharge must also have a spring-loaded safety relief valve set at
a pressure not more than 135 percent of the setting of the bypass valve or more
than 400 p.s.i.g., whichever is larger.
(C) Compressors must have
manually operated shutoff valves on both suction and discharge connections. Pressure
gages of bourdon-tube type must be on the suction and discharge of the compressor
before the shutoff valves. The compressor must not operate if either pressure gage
is removed or is inoperative. A spring-loaded, safety-relief valve capable of discharging
to atmosphere the full flow of gas from the compressor at a pressure not more than
300 p.s.i.g. must be between the compressor discharge and the discharge shutoff
valve.
(D) Valve functions have
clear and legible identification by metal tags or nameplates permanently affixed
to each valve.
(g) Full trailers and semitrailers.
(A) Securely attach full
trailers to the vehicle drawing them with suitable drawbars and a safety chain (or
chains) or safety cables.
(B) Every full trailer or
semitrailer must have reliable brakes that operate from the driver’s seat.
(C) Every full trailer must
have self-energizing brakes.
(D) Full trailers must follow
substantially in the path of their towing vehicle and will not whip or swerve dangerously
from side to side.
(E) Where using a fifth wheel,
securely fasten it to both units, and use a positive locking mechanism that prevents
separation of the two units except by manual release.
(h) Protection against collision.
Each tank motor vehicle must have properly attached bumpers or chassis extension
that protects the tank, piping, valves, and fittings from physical damage.
(i) Chock blocks. There must
be at least two chock blocks. Use these blocks to prevent rolling during loading
and unloading.
(j) Portable tank containers
(skid tanks). Where these tanks are for farm storage they must comply with OAR 437-004-0800(4)(a)(A).
When portable tank containers substitute for cargo tanks and are permanently on
tank motor vehicles for the transportation of ammonia, they must comply with the
requirements of this paragraph.
(7) Systems on farm vehicles
other than for the application of ammonia.
(a) Application. This paragraph
applies to containers of 1,200 gallons capacity or less and equipment on farm vehicles
(implements of husbandry) not used to apply ammonia to the soil. OAR 437-004-0800(4)
applies unless otherwise noted.
(b) Design pressure and classification
of containers.
(A) The minimum design pressure
for containers is 250 p.s.i.g.
(B) Container shell or head
thickness must be at least 3/16-inch.
(c) Mounting containers.
(A) A suitable “stop”
or “stops” must be on the vehicle or on the container so that the container
does not be come loose from its mounting.
(B) At one or more places
on each side of the container, a “hold down” device must anchor the
container to the vehicle.
(C) When containers are on
four-wheel trailers, the weight must be even over both axles.
(d) Container appurtenances.
(A) All containers must have
a fixed liquid-level gage.
(B) All containers with a
capacity more than 250 gallons must have a pressure gage with a dial graduated from
0-400 p.s.i.
(C) The filling connection
must have a combination back-pressure check valve and excess-flow valve; one double
or two single back-pressure check valves; or a positive shutoff valve in conjunction
with either an internal back-pressure check valve or an internal excess flow valve.
(D) All containers with a
capacity more than 250 gallons must be equipped for spray loading or have an approved
vapor return valve.
(E) All vapor and liquid
connections except safety-relief valves and those specifically exempted in ANSI
K61.1-1966, must have approved excess-flow valves or quick-closing internal valves
that, except during operating periods, must be closed.
(F) Fittings must have protection
from damage by a metal box or cylinder with an open top fastened to the container
or by rigid guards welded to the container on both sides of the fittings or by a
metal dome. If there is a metal dome, the relief valve must vent through the dome.
(G) If there is a liquid
withdrawal line in the bottom of a container, its connections, including hose, must
not be lower than the lowest horizontal edge of the vehicle axle.
(H) Secure both ends of the
hose while in transit.
(e) Marking the container.
The words, “Caution — Ammonia” must be on each side and the rear
end of the container in letters at least 4 inches high or its markings must comply
with DOT regulations.
(f) Farm vehicles. All vehicles
must carry a container of at least 5 gallons of water for washing ammonia from the
skin.
(8) Systems on farm vehicles
for the application of ammonia.
(a) This applies to systems
using containers of 250 gallons capacity or less on farm vehicles (implements of
husbandry) used to apply ammonia to the soil. OAR 437-004-0800(4) applies unless
otherwise noted. Larger containers must comply with ANSI K61.1-1966.
(b) Design pressure and classification
of containers.
(A) The minimum design pressure
for containers is 250 p.s.i.g.
(B) The shell or head thickness
of a container is less than 3/16-inch.
(c) Mounting of containers.
All containers and flow-control devices must have secure mountings.
(d) Container valves and
accessories.
(A) Each container must have
a fixed liquid-level gage.
(B) The filling connection
must have a combination back-pressure check valve and an excess-flow valve; one
double or two single back-pressure check valves: or a positive shut-off valve in
conjunction with an internal back-pressure check valve or an internal excess-flow
valve.
(C) You can fill the applicator
tank by venting to open air if the bleeder valve orifice is not more than 7/16-inch
in diameter.
(D) Regulation equipment
may connect directly to the tank coupling or flange only with a flexible connection
between the regulating equipment and the rest of the liquid withdrawal system. Otherwise,
connect the regulating equipment flexibly to the container shutoff valve.
(E) There need be no excess
flow valve in the liquid withdrawal line if the controlling orifice between the
contents of the container and the outlet of the shutoff valve is not more than 7/16-inch
in diameter.
[ED. NOTE: Tables & Appendices referenced
are available from the agency.]
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06
437-004-0950
Hazardous Waste Operations and Emergency
Response (HAZWOPER)
(1) If an agricultural employer requires
employees to respond to an emergency release of a hazardous chemical with a reasonable
possibility for employee exposure to safety or health hazards, that response activity
must be in compliance with the applicable sections of Division 2/H, 1910.120, Hazardous
Waste Operations and Emergency Response.
(2) Agricultural employers
whose activities include clean-up operations involving hazardous waste, including
those conducted at a treatment, storage, and disposal (TSD) facility, are subject
to the applicable requirements in Division 2/H, 1910.120, Hazardous Waste Operations
and Emergency Response.
NOTES: There are two primary considerations
for most agricultural employers to determine if the HAZWOPER rules apply to you:
(1) Do you expect your employees to
respond to spills of hazardous chemicals in a way that involves a reasonable possibility
of exposure to safety or health hazards? (If NO, the HAZWOPER rules do not apply.)
(2) If YES, would your employees
respond only to an incidental release of a hazardous chemical; or, to an emergency
release of a hazardous chemical?
(a) IF you expect your employees
to respond only to an incidental release (defined as a situation where the spilled
substance can be absorbed, neutralized, or otherwise controlled at the time of release
by employees in the immediate area, or by maintenance personnel;) and there is no
potential safety or health hazard (such as fire, explosion, or chemical exposure;)
THEN, the HAZWOPER RULES DO NOT APPLY. However, you must train and equip employees
who are expected to respond to incidental releases to safely handle that type of
non-routine task as required by Division 4/Z, 437-004-9800, Hazard Communication
Standard for Agricultural Employers.)
(b) IF you expect your employees
to respond to an emergency release (defined as an occurrence that results in, or
is likely to result in an uncontrolled release of a hazardous substance; or, a situation
that requires a response effort by employees from outside the immediate release
area, or by other designated responders such as mutual-aid groups or local fire
departments;) THEN, the HAZWOPER RULES APPLY. Agricultural employers who expect
their employees to respond to these types of emergencies are required to follow
the sections in the HAZWOPER rules that apply to emergency releases “without
regard to the location of the hazard.” (See Division 2/H, 1910.120(q) Emergency
responses to hazardous substance releases.) The best source of information about
any chemical in the workplace (including recommended personal protective equipment
and procedures for spill-response) is often the chemical’s Safety Data Sheet
(SDS.)
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 3-2014, f. & cert. ef. 8-8-14
Protective Equipment
437-004-1005
General Requirements for Protective
Equipment
(1) Definitions.
Contaminants – include
any substance that can cause illness or physical harm to a person by contact with
or entry into the body. Examples include dust in the air and pesticide residues
in water.
Hazards – include chemicals,
contaminants, and energy sources that are present in the workplace environment in
a way that can cause injury to, or functional impairment of, any part of the body
through absorption, inhalation or physical contact.
Personal protective equipment
(PPE) – includes anything worn or used for protecting a person from hazards.
(2) Hazard assessment and
protective equipment selection.
NOTE: This section applies to protective
equipment not covered in OAR 437-004-1041 (Respiratory Protection) or OAR 437-004-0630
(Noise Exposure).
(a) The employer must assess the workplace
to determine if hazards are present, or are likely to be present, that would make
the use of personal protective equipment (PPE) necessary to protect employees.
(b) If such hazards are present,
or likely to be present, the employer must:
(A) Select, and ensure that
each exposed employee use, the types of PPE that will protect them from the hazards
identified in the hazard assessment;
(B) Communicate PPE selection
decisions to each exposed employee; and,
(C) Select PPE that properly
fits each exposed employee.
NOTE: Nonmandatory Appendix A to Subdivision
I provides a sample hazard assessment procedure.
(3) Payment for protective equipment.
(a) Except as in paragraphs
(3)(b) through (3)(e), employers must provide, at no cost to the employee, all protective
equipment, including personal protective equipment (PPE). For purposes of this rule,
employees of labor contractors, labor leasing companies and temporary labor providers
are the employees of the using employer. The using employer must supply PPE in compliance
with this rule.
NOTE: When another Oregon OSHA standard
specifies that the employer must pay for protective equipment, that standard applies
over this one.
(b) Employers do not have to pay for
non-specialty safety-toe protective footwear (including steel-toe shoes or steel-toe
boots) and non-specialty prescription safety eyewear, if the employer allows employees
to wear the items off the job site.
(c) When employers provide
metatarsal guards and allow the employee, to use shoes or boots with built-in metatarsal
protection, employers do not have to reimburse the employee for the shoes or boots.
(d) Employers do not have
to pay for:
(A) Everyday clothing, such
as long-sleeve shirts, long pants, street shoes, and normal work boots; or
(B) 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) Employers must pay for
replacement PPE, except when the employee has lost or intentionally damaged the
PPE.
NOTE: Employees must not be allowed
to work in hazardous conditions without the appropriate PPE.
(f) Where an employee provides their
own protective equipment the employer does not have to reimburse the employee for
that equipment. (Also see paragraph (4))
(4) Employees’ equipment.
If employees provide their own protective equipment, the employer is responsible
to ensure that it is adequate and is right for the job and hazards.
(5) Equipment inspection,
maintenance, and storage. Do not allow workers to use defective or damaged personal
protective equipment. All protective equipment, whether furnished by the employer
or provided by the employee, must be maintained in a sanitary and reliable condition.
(6) Skin protection. Where
needed, provide and require the use of protective coverings, such as aprons, ointments,
gloves, or other effective protection to employees exposed to materials or conditions
that are hazardous to their skin.
(7) Follow manufacturer’s
instruction. Require employees to wear and use personal protective equipment according
to the manufacturer’s instructions.
(8) Watches and jewelry.
Employees working where they might contact moving parts of powered machinery or
live parts of electrical equipment, must not be allowed to wear rings, watches,
earrings, bracelets or other things that could cause a hazard.
(9) Control hazards first.
Contain or eliminate hazards at the source by using administrative or engineering
controls. Personal protective equipment is appropriate when these types of controls
are not feasible or where there are still hazards.
(10) Training.
NOTE: This section applies to protective
equipment not covered in OAR 437-004-1041 (Respiratory Protection) or OAR 437-004-0630
(Noise Exposure).
(a) The employer must provide training
to each employee who is required to use Personal Protective Equipment (PPE). that
includes at least the following:
(A) When PPE is necessary;
(B) What type of PPE is necessary;
(C) How to properly put on,
take off, adjust, and use the PPE;
(D) The limitations and useful
life of the PPE; and,
(E) The proper care, maintenance,
storage and disposal of the PPE.
(b) Each affected employee
must demonstrate an understanding of the training specified in paragraph (10)(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 (10)(a) of this section,
the employer must retrain that employee. Circumstances where retraining is required
include:
(A) When changes in the workplace
make previous training obsolete;
(B) When changes in the types
of PPE to be used make previous training obsolete;
(C) When deficiencies in
an affected employee’s demonstrated knowledge or use of assigned PPE indicate
that the employee has not retained the required understanding or skill.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 5-2008, f. 5-1-08, cert. ef. 5-15-08; OSHA 4-2012, f. 9-19-12,
cert. ef. 1-1-13
437-004-1020
Personal Fall Protection
NOTE: The general requirements for
Protective Equipment in 437-004-1005 apply to Personal Fall Protection.
(1) Definitions. Competent person —
is a person who because of training and experience, can identify existing and predictable
hazards in equipment, material, conditions or practices and who has the knowledge
and authority to take corrective steps. Lanyard — A flexible line connected
at one end to a body belt or harness and at the other end to an anchorage. Personal
fall arrest system means a system used to stop an employee in a fall from a working
level. It consists of an anchorage, connectors, body harness and may include a lanyard,
deceleration device, lifeline, or suitable combinations of these. Personal fall
protection systems include arrest systems, restraint systems or positioning device
systems. 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. Positioning device system means a body belt or body harness system
rigged to allow an employee to be supported on an elevated vertical surface, such
as a wall, and work with both hands free while leaning. Qualified person —
is a person who has a recognized degree, certification, professional standing, knowledge,
training or experience; and has successfully demonstrated the ability to perform
the work, or solve or resolve problems relating to the work, subject matter, or
project.
(2) Protect all employees
from falls when working:
(a) On unguarded surfaces
more than 10 feet above a lower level; and
(b) Above open pits, tanks
or dangerous equipment at any height.
NOTE: The requirements to protect employees
from falls when working on unguarded surfaces more than 10 feet above a lower level
does
NOT apply when the work is of limited
duration and limited exposure, and it is equally or more hazardous to set up or
use a fall protection system. Examples include work on haystacks, stacked silage,
and stacked Christmas trees in open, outdoor areas.
(3) Personal fall protection systems
must use:
(a) Lanyards and vertical
lifelines that have a minimum breaking strength of 5,000 pounds.
(b) Connectors that are drop
forged, pressed or formed steel, or equivalent materials.
(c) Connectors that have
a corrosion-resistant finish, and with smooth surfaces and edges to prevent damage
to interfacing parts of the system.
(d) Dee-rings, snap hooks
or carabiners that have a minimum tensile strength of 5,000 lbs. and that are proof-tested
to a minimum tensile load of 3,600 pounds without cracking, breaking, or taking
permanent deformation.
(e) Snap hooks and carabiners
that are self-locking or double-locking and sized to be compatible with the member
to which they are connected.
(4) Use lifelines, body belts
or safety harnesses and lanyards only for the purpose they were intended. Remove
fall protection equipment from service after it has been subjected to a load.
(5) Anchorages:
(a) Anchorages used for attachment
of personal fall arrest equipment must be capable of supporting at least 5,000 pounds
per employee attached, or must be designed, installed, and used as follows:
(A) Under the supervision
of a qualified person; and
(B) As part of a complete
personal fall arrest system which maintains a safety factor of at least two.
(b) Anchorages used for attachment
of personal fall restraint or positioning device systems must be capable of supporting
3000 lbs. per employee attached, or be designed, installed and used as follows:
(A) Under the supervision
of a qualified person; and
(B) As part of a complete
personal fall restraint or positioning device system which maintains a safety factor
of at least two.
(6) Horizontal lifelines
must be designed, installed, and used, under the supervision of a qualified person,
as part of a complete personal fall arrest system, which maintains a safety factor
of at least two.
(7) Fall arrest and fall
restraint systems.
(a) Fall arrest systems must
be rigged so that an employee can neither free fall more than 6 feet, nor contact
any lower level.
(b) Fall arrest systems,
when stopping a fall, must limit maximum arresting force on an employee to 1,800
pounds
(c) Fall arrest systems must
bring an employee to a complete stop and limit maximum deceleration distance an
employee travels to 3.5 feet.
(d) Fall restraint systems
must be rigged to prevent the user from falling any distance.
(e) Positioning device systems
must be rigged such that an employee cannot free fall more than 2 feet.
(8) Personal fall protection
systems must be inspected by a competent person prior to each use for wear, damage
and other deterioration, and defective components must be removed from service.
(9) When employees use personal
fall arrest systems, the employer must provide for prompt rescue of employees in
the event of a fall or ensure that employees are able to rescue themselves.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13
437-004-1030
Work Clothing
(1) General requirements. Ensure that
employees:
(a) Wear clothing that provides
adequate protection for the hazards of the work.
(b) Do not wear loose sleeves
or other loose clothing when near enough to be caught in moving parts of machinery.
NOTE: See Divisions 4/O and 4/P for
equipment and tool guarding requirements.
(c) Do not wear clothing soaked with
flammable liquids or contaminated with other hazardous substances.
NOTE: See Subdivision 4/P, 437-004-2230
for requirements for PPE while using chain saws.
(2) High visibility garments.
(a) The employer is responsible
to determine, before work begins, if any task or work assigned will expose emloyees
to hazards caused by on-highway type moving vehicles in work zones and street or
highway traffic.
(b) Work that exposes employees
to these hazards must comply with Division 2/I, 437-002-0134(7) High Visibility
Garments.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06; OSHA 4-2012, f. 9-19-12,
cert. ef. 1-1-13
437-004-1035
Eye and Face Protection
NOTES: See Division 4/Q, 437-004-2310(6)
for the protective equipment requirements for welders in agricultural workplaces.
See Division 4/W, 437-004-6000,
170.240(c)(7) for the protective eyewear requirements for pesticide handlers.
(1) General requirements. Employers
must:
(a) Provide and require the
use of eye or face protection that protects employees from hazards such as flying
particles, molten metal, liquid chemicals, acids or caustic materials, gases and
vapors, electrical hazards, or potentially harmful light radiation.
(b) If an employee wears
prescription lenses while doing work that involves eye or face hazards, either provide
protective equipment that incorporates the prescription lenses or provide protective
equipment that can be worn over the prescription lenses in a way that does not disturb
the proper position of either the prescription lenses or the protective equipment.
(c) Require employees to
use eye or face protection with side protection when there is a hazard from flying
objects. Detachable side protectors on safety glasses (such as, clip-on or slide-on
side shields) are acceptable if they offer adequate protection from the hazard.
(d) Eye and face protection
equipment must be clean and in good repair.
(2) Criteria for protective
eye and face devices.
(a) Protective eye and face
protection devices must comply with any of the following consensus standards:
(A) ANSI Z87.1-2003, “American
National Standard Practices for Occupational and Educational Eye and Face Protection;”
(B) ANSI Z89.1-1997, “American
National Standard for Industrial Head Protection;”
(C) ANSI Z89.1-1986, “American
National Standard for Personnel Protection — Protective Headwear for Industrial
Workers – Requirements.”
NOTE: The Oregon OSHA Resource Center
has copies of these standards for public review at 350 Winter Street NE, Salem OR.
(b) 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 consensus
standards will be deemed to be in compliance with the requirements of this section.
(3) Laser protection.
(a) The employer is responsible
to determine, before work begins, if any task or work assigned will expose employees
to laser light beams.
(b) Work that exposes employees
to laser light beams must be furnished laser safety goggles which will protect for
the specific wavelength of the laser and be of optical density adequate for the
energy involved.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 2-2010, f. & cert. ef. 2-25-10; OSHA 4-2012, f. 9-19-12,
cert. ef. 1-1-13
437-004-1041
Respiratory Protection
(1) Permissible practice.
(a) To control occupational
diseases caused by breathing contaminated air, the best method is to prevent contamination
with engineering controls. To the extent feasible, accepted engineering controls
must be used. Examples of engineering controls include enclosing the source of contamination,
providing general or local exhaust ventilation to remove the contaminated air from
work areas, and substituting less toxic materials. When this approach is not feasible,
or while engineering controls are being established, employers must provide appropriate
respirators in compliance with this standard.
(b) You must provide a respirator
to each employee when it is necessary to protect their health. Respirators must
be appropriate for the hazard. You must also establish and maintain an effective
respiratory protection program that includes at least the requirements outlined
in paragraph (3) of this standard. The program must cover each employee required
to use a respirator.
(2) Definitions. The following
definitions apply to this standard. Air-purifying respirator is a respirator with
an air-purifying filter, cartridge, or canister that removes specific air contaminants
by passing ambient air through the air-purifying element. Assigned protection factor
(APF) means the workplace level of respiratory protection that a respirator or class
of respirators is expected to provide to employees when the employer implements
a continuing, effective respiratory protection program as specified by this section.
Atmosphere-supplying respirator is a respirator that supplies the user with breathing
air from a source independent of the ambient atmosphere, and includes supplied-air
respirators (SARs) and self-contained breathing apparatus (SCBA) units. Canister
or cartridge is a container with a filter, sorbent, or catalyst, or combination
of these items, that removes specific contaminants from the air passed through the
container. Competent person is a person who, because of training and experience,
can identify existing and predictable hazards in equipment, material, conditions
or practices and who has the knowledge and authority to take corrective steps. Demand
respirator is an atmosphere-supplying respirator that admits breathing air to the
face piece only when inhalation creates a negative pressure inside the face piece.
Elastomer (elastomeric) is an elastic substance like rubber or neoprene. Emergency
situation is any event such as, but not limited to, equipment failure, rupture of
containers, or failure of control equipment that may or does result in an uncontrolled
significant release of an airborne contaminant. Employee exposure is exposure to
a concentration of an airborne contaminant that would occur if the employee were
not using respiratory protection. End-of-service-life indicator (ESLI) is a device,
on the cartridge, that warns respirator users when their respirator is near the
end of its ability to protect them. For example, an indicator on the cartridge will
change to warn the user that the cartridge sorbent material is nearing saturation
and is no longer effective. Engineering control measures are methods to eliminate
or control employee exposure to the hazard; e.g., substitution of a less toxic material,
general or local ventilation and enclosing the operation. Escape-only respirator
is a respirator only for use during emergency exit. Filter or air purifying element
is a respirator component (e.g., canister or cartridge) that removes solid or liquid
aerosols from the inspired air. Filtering face piece (dust mask) is a tight fitting
negative pressure particulate respirator with a filter as an integral part of the
face piece or with the entire face piece made of the filtering medium. Fit factor
is a quantitative estimate of the fit of a particular respirator to a specific person,
and typically estimates the ratio of the concentration of a substance in ambient
air to its concentration inside the respirator when worn. Instrumentation is used
with ambient air as the “test agent” to quantify the respirator fit.
See Appendix A. Fit test is the use of procedures in Appendix A to qualitatively
or quantitatively evaluate the fit of a respirator on a person. (See also Qualitative
fit test QLFT and Quantitative fit test QNFT.) Helmet is a rigid respirator covering
that also provides head protection against impact and penetration. High efficiency
particulate air (HEPA) filter is a filter that is at least 99.97 percent efficient
in removing monodisperse particles of 0.3 micrometers in diameter. The equivalent
NIOSH 42 CFR 84 particulate filters are the N100, R100, and P100 filters. Hood is
a respirator covering that completely covers the head and neck and may also cover
portions of the shoulders and torso. Immediately dangerous to life or health (IDLH)
is an atmosphere that poses an immediate threat to life, would cause irreversible
adverse health effects, or would impair an individual’s ability to escape
from a dangerous atmosphere. Interior structural firefighting is the physical activity
of fire suppression, rescue or both, inside of buildings or enclosed structures
which are involved in a fire situation beyond the incipient stage. Loose-fitting
face piece is a respiratory covering that forms a partial seal with the face, e.g.,
hood. Maximum use concentration (MUC) means the maximum atmospheric concentration
of a hazardous substance from which an employee can be expected to be protected
when wearing a respirator, and is determined by the assigned protection factor of
the respirator or class of respirators and the exposure limit of the hazardous substance.
The MUC can be determined mathematically by multiplying the assigned protection
factor specified for a respirator by the required OSHA permissible exposure limit,
short-term exposure limit, or ceiling limit. When no OSHA exposure limit is available
for a hazardous substance, an employer must determine an MUC on the basis of relevant
available information and informed professional judgment. Negative pressure respirator
(tight fitting) is a respirator in which the air pressure inside the face piece
is negative during inhalation with respect to the ambient air pressure outside the
respirator. Oxygen deficient atmosphere is an atmosphere with an oxygen content
less than 19.5 percent by volume. Physician or other licensed health care professional
(PLHCP) is a person whose legally permitted scope of practice (i.e., license, registration,
or certification) allows them to independently provide, or be delegated to provide,
some or all of the health care services required by this standard. Positive pressure
respirator is a respirator in which the pressure inside the respiratory covering
is higher than the air pressure outside the respirator. Powered air-purifying respirator
(PAPR) is an air-purifying respirator that uses a blower to force the ambient air
through air-purifying elements to the inlet covering. Pressure demand respirator
is a positive pressure atmosphere-supplying respirator that admits breathing air
to the face piece when inhalation reduces the positive pressure inside the face
piece. Qualitative fit test (QLFT) is a pass/fail fit test to assess the adequacy
of respirator fit that relies on the individual’s response to the test agent.
See Appendix A. Quantitative fit test (QNFT) is an assessment of the adequacy of
respirator fit by numerically measuring the amount of leakage into the respirator.
See Appendix A. Respirator covering is that part of a respirator that forms the
protective barrier between the user’s respiratory tract and an air-purifying
device or breathing air source, or both. It may be a face piece, helmet, hood, suit,
or a mouthpiece respirator with nose clamp. Self-contained breathing apparatus (SCBA)
is an atmosphere-supplying respirator for which user carries the breathing air source.
Service life is the period of time that a respirator, filter or sorbent, or other
respiratory equipment adequately protects the wearer. Supplied-air respirator (SAR)
or airline respirator is an atmosphere-supplying respirator for which the source
of breathing air is not carried by the user. Tight-fitting face piece is a respirator
covering that forms a complete seal with the face, e.g., half mask or full-face
piece. User seal check is an action by the respirator user to determine if the respirator
is properly seated to the face. See appendix B-1.
(3) Respiratory protection
program.
(a) When respirators are
necessary to protect the health of workers or when you require workers to wear them,
you must have an effective, written respiratory protection program, managed by a
knowledgeable person, with procedures specific to your work site. Keep the program
updated to reflect changes in conditions that require the use of respirators. You
must include at least these points, as applicable:
(A) Procedures for selecting
respirators for use in the workplace;
(B) Procedures for the medical
evaluations of employees required to use respirators;
(C) Fit testing procedures
for tight-fitting respirators;
(D) Procedures for proper
use of respirators in routine and reasonably foreseeable emergency situations;
(E) Procedures and schedules
for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise
maintaining respirators;
(F) Procedures to ensure
adequate air quality, quantity, and flow of breathing air for atmosphere-supplying
respirators;
(G) Procedures for training
employees in the respiratory hazards to which they are potentially exposed during
routine and emergency situations;
(H) Procedures for training
employees in the proper use of respirators, including putting on and removing them,
any limitations on their use, and their maintenance; and
(I) Procedures for regularly
evaluating the effectiveness of the program.
(b) The employer must provide
respirators, and all other program requirements including training, and medical
evaluations at no cost to the employee.
(c) Where respirator use
is voluntary:
(A) You may provide respirators
to employees who request them or they may use their own respirators. If you allow
this voluntary use;
(i) You must determine that
it will not create a hazard to the user;
(ii) You must provide the
voluntary user with the information in Appendix D, “Information for Employees
Using Respirators When Not Required Under the Standard”; and
(B) You must have a limited
written respiratory program for voluntary users. It must include those parts of
the standard program necessary to ensure that:
(i) The user is medically
able to use the respirator without adverse health effects. Users of tight-fitting
respirators other than dust masks must have a medical evaluation.
(ii) The user will properly
clean, store and maintain the respirator.
(4) Selection of respirators.
Identify and evaluate the respiratory hazard(s) including a reasonable estimate
of employee exposures and an identification of the contaminant’s chemical
state and physical form. You must treat atmospheres with the potential for IDLH
conditions as an IDLH hazard and provide appropriate respiratory protection.
(a) General requirements.
(A) You must evaluate respiratory
hazards, conditions in the workplace and user factors, then select and provide the
appropriate respirators.
(B) All respirators must
have NIOSH certification and all use must conform to that certification.
(C) Respirators must correctly
fit and be acceptable to the user.
(b) Respirators for IDLH
atmospheres.
(A) Provide the following
respirators for employee use in IDLH atmospheres:
(i) A full-face piece pressure
demand SCBA certified by NIOSH for a minimum service life of 30 minutes, or
(ii) A combination full-face
piece pressure demand supplied-air respirator (SAR) with auxiliary self-contained
air supply.
(B) Respirators only for
escape from IDLH atmospheres must have NIOSH certification for escape from the atmosphere
of use.
(C) Treat all oxygen-deficient
atmospheres as IDLH.
EXCEPTION to paragraph (4)(b)(C): If
you can demonstrate that under all foreseeable conditions, the oxygen concentration
will stay within the ranges in Table A for the appropriate altitudes set out in
the table, then your selection of atmosphere-supplying respirators is not limited
to the types listed in (4)(b)(A). Table A
(c) Respirators for atmospheres that
are not IDLH.
(A) Provide respirators adequate
to protect the health of workers and ensure compliance with all other OR-OSHA requirements,
under routine and reasonably foreseeable emergency situations.
(i) Assigned Protection Factors
(APFs). Employers must use the assigned protection factors listed in Table B to
select a respirator that meets or exceeds the required level of employee protection.
When using a combination respirator (e.g., airline respirators with an air-purifying
filter), employers must ensure that the assigned protection factor is appropriate
to the mode of operation in which the respirator is being used. Table B.
(ii) Maximum Use Concentration
(MUC).
(I) The employer must select
a respirator for employee use that maintains the employee’s exposure to the
hazardous substance, when measured outside the respirator, at or below the MUC.
(II) Employers must not apply
MUCs to conditions that are immediately dangerous to life or health (IDLH); instead,
they must use respirators listed for IDLH conditions in paragraph (4)(b) of this
standard.
(III) When the calculated
MUC exceeds the IDLH level for a hazardous substance, or the performance limits
of the cartridge or canister, then employers must set the maximum MUC at that lower
limit.
(B) The respirator must be
appropriate for the chemical state and physical form of the contaminant.
(C) For protection against
gases and vapors, provide:
(i) An atmosphere-supplying
respirator, or
(ii) An air-purifying respirator,
if:
(I) It has and end-of-service-life
indicator (ESLI) certified by NIOSH for the contaminant; or
(II) If there is no ESLI
appropriate for your conditions, implement a change schedule for canisters and cartridges
that is based on objective information or data that will ensure that canisters and
cartridges are changed before the end of their service life. Describe in the respirator
program the information and data relied on and the basis for the canister and cartridge
change schedule and the basis for reliance on the data.
NOTE: The Worker Protection Standard
contains criteria for specific change out schedules for respirator canisters and
cartridges. See Division 4/W, 170.240.
(D) For protection against particulates,
provide:
(i) An atmosphere-supplying
respirator; or
(ii) An air-purifying respirator
with a filter certified by NIOSH under 30 CFR part 11 as a high efficiency particulate
air (HEPA) filter, or an air-purifying respirator with a filter certified for particulates
by NIOSH under 42 CFR part 84; or
(iii) For contaminants consisting
primarily of particles with mass median aerodynamic diameters (MMAD) of at least
2 micrometers, an air-purifying respirator with any filter certified for particulates
by NIOSH.
(5) Medical evaluation. Using
a respirator may place a physiological burden on employees that depends on the type
of respirator, the job and workplace conditions in which the respirator is used,
and the medical status of the employee.
(a) General. You must provide
medical evaluations to determine each worker’s ability to use a respirator
without causing adverse health effects. Do this before the worker’s fit test
and before they perform any work requiring respirator use. The employer may discontinue
an employee’s medical evaluations when the employee no longer uses a respirator.
(b) Medical evaluation procedures.
The employer must identify a physician or other licensed health care professional
(PLHCP) to perform medical evaluations using a medical questionnaire or an initial
examination that obtains the same information as the medical questionnaire. The
medical evaluation must obtain the information requested by the questionnaire in
Appendix C, Part A, Sections 1 and 2, of this standard.
NOTE: If the employee refuses the examination,
they may not be permitted to work in jobs that require a tight-fitting respirator.
(c) Follow-up medical examination.
(A) The employer must ensure
that a follow-up medical examination is provided for an employee if, in the opinion
of the PLHCP, this is necessary.
NOTE: The PLHCP may require a follow-up
examination for an employee who gives a positive response to any question among
questions 1 through 9, or 10 through 15 in Appendix C, Part A, Section 2; or whose
initial medical examination demonstrates the need for a follow-up medical examination.
(B) The follow-up medical examination
must include any medical tests, consultations, or diagnotic procedures that the
PLHCP deems necessary to make a final determination.
(d) Administration of the
medical questionnaire and examinations.
(A) You must allow the employee
to complete the questionnaire in a way that protects the confidentiality of the
information. Employers are not allowed to see the answers or to review the completed
form. You must allow employees to complete the form during normal working hours
or at a time and place convenient to them. If employees need help, allow them to
ask your PLHCP or anybody other than their employer or representtatives of their
employer.
(B) The employer must provide
the employee with an opportunity to discuss the questionnaire and examination results
with the PLHCP.
(e) Supplemental information
for the PLHCP.
(A) You must give the PLHCP
the required supplemental information before they make any recommendation about
a worker’s ability to use a respirator. Use Appendix C, Part B, Section 2
of this standard, or an equivalent form to provide this information.
(i) The type and weight of
the respirator the employee will use;
(ii) How long and how often
the employee will use the respirator (including use for rescue and escape);
(iii) The expected physical
work effort while using the respirator;
(iv) Additional protective
clothing and equipment to be worn; and
(v) Temperature and humidity
extremes that may exist during use.
(B) Supplemental information
you provide for an employee’s medical evaluation does not have to be provided
again for later evaluations unless the information or the PLHCP changes.
(C) You must provide a copy
of your written respiratory program and this standard to the PLHCP.
Note to Paragraph (5)(e): When the
employer replaces a PLHCP, the employer must ensure that the new PLHCP has this
information, either by providing the documents directly to the new PLHCP or by having
the documents transferred from the former PLHCP to the new PLHCP. However, OR-OSHA
does not expect employers to have employees medically reevaluated solely because
there is a new PLHCP.
(f) Medical determination. In determining
the employee’s ability to use a respirator, the employer must:
(A) Obtain a written recommendation
about the employee’s ability to use the respirator from the PLHCP. The recommendation
must provide only the following information:
(i) Any limitations on respirator
use relating to the medical condition of the employee, or relating to the workplace
conditions, including whether or not the employee is medically able to use the respirator;
(ii) The need, if any, for
follow-up medical evaluations; and
(iii) A statement that the
PLHCP gave a copy of the recommendation to the worker.
(B) If the respirator is
a negative pressure respirator and the PLHCP finds that using it would increase
the employee’s health risk, the employer must provide a PAPR until a subsequent
evaluation clears the employee for another type.
(g) Additional medical evaluations.
At a minimum, the employer must provide additional medical evaluations that comply
with this standard if:
(A) An employee reports medical
signs or symptoms related to ability to use a respirator;
(B) A PLHCP, supervisor,
or the knowledgeable person who manages the respiratory protection program informs
the employer that an employee needs a reevaluation; or
(C) Information from the
respiratory protection program, including observations made during fit testing and
program evaluation, indicates a need for employee reevaluation; or
(D) A change occurs in work
conditions (such as physical work effort, protective clothing, and temperatures)
that may result in a substantial increase in the physiological burden to the employee.
(6) Fit testing. You must:
(a) Ensure that employees
using a tight-fitting face piece respirator pass an appropriate qualitative fit
test (QLFT) or quantitative fit test (QNFT), using the same make, model, style and
size respirator that they will use in the workplace.
(b) Ensure that each worker
using a tight-fitting face piece respirator is fit-tested, before initial respirator
use; whenever they change to another type, style, model, or make of respirator,
and at least annually thereafter.
(c) Do a new fit test on
a worker when you observe or the worker, a supervisor, the program administrator,
or a PLCHP report any change in the worker’s physical condition that could
affect the respirator fit. Such conditions include, but are not limited to, facial
scarring, dental changes, cosmetic surgery, or an obvious change in body weight.
(d) Give employees a reasonable
opportunity to select a different respirator face piece and redo the fit test if,
after passing a QLFT or QNFT, the employee notifies the employer, supervisor, or
PLHCP that the fit of the respirator is unacceptable.
(e) Ensure that all fit tests
comply with the accepted QLFT or QNFT protocols in Appendix A of this standard.
(f) Ensure that qualitative
fit tests (QLFT) are used only to fit test negative pressure air-purifying respirators
that must achieve an assigned protective factor of 50 or less.
(g) Ensure that quantitative
fit tests (QNFT), using an accepted QNFT protocol, are only passed by achieving
a fit factor of 100 or more for a tight fitting half face piece respirator, and
a fit factor of 500 or more for a tight fitting full face piece respirator.
(h) Ensure that fit testing
of tight-fitting atmosphere-supplying respirators and tight-fitting powered air-purifying
respirators is only accomplished by performing quantitative or qualitative fit testing
in the negative pressure mode, regardless of the mode of operation (negative or
positive pressure) that is used for respiratory protection.
(A) Do qualitative fit testing
of these respirators by temporarily converting the respirator user’s actual
face piece into a negative pressure respirator with appropriate filters, or by using
an identical negative pressure air-purifying respirator face piece with the same
sealing surfaces as a surrogate for the atmosphere-supplying or powered air-purifying
respirator face piece.
(B) Do quantitative fit testing
of these respirators by modifying the face piece to allow sampling inside the face
piece in the breathing zone of the user, midway between the nose and mouth. Do this
by installing a permanent sampling probe onto a surrogate face piece, or by using
a sampling adapter designed to temporarily provide a way to sample air from inside
the face piece.
(C) Before returning a face
piece to normal use, completely remove any modifications done for fit testing, and
restore the face piece to NIOSH-approved configuration.
(7) Use of respirators.
(a) Face piece seal protection.
(A) You must not permit workers
to wear tight-fitting face pieces if they have:
(i) Facial hair that comes
between the face-to-face piece sealing surface or that interferes with the respirator’s
valve function; or
(ii) Any other condition
that interferes with the face-to-face piece seal or valve function.
(B) If an employee wears
glasses or goggles or other personal protective equipment, the employer must ensure
that it does not interfere with the seal of the face piece to the face of the user.
(C) Employers must ensure
that workers who wear respirators perform a user seal check before every use, using
the procedures in Appendix B-1 or, if equally effective, the recommendations of
the respirator manufacturer.
(b) Continuing respirator
effectiveness.
(A) You must reevaluate the
effectiveness of a respirator when there is a change in work area conditions or
degree of employee exposure or stress that may affect respirator effectiveness.
(B) You must ensure that
employees leave the area where respirators are required:
(i) To wash their faces and
respirator face pieces as necessary to prevent eye or skin irritation associated
with respirator use; or
(ii) If they detect vapor
or gas breakthrough, changes in breathing resistance, or leakage of the face piece;
or
(iii) To replace the respirator
or the filter, cartridge, or canister elements.
(C) If the employee detects
vapor or gas breakthrough, changes in breathing resistance, or leakage of the face
piece, the employer or a competent person must replace or repair the respirator
before allowing the employee to return to the work area.
(c) Procedures for IDLH atmospheres.
For all IDLH atmospheres, the employer must ensure that:
(A) One employee or, when
needed, more than one employee is stationed outside the IDLH atmosphere;
(B) Visual, voice, or line
communication is continuous between the employee(s) in the IDLH atmosphere and the
employee(s) outside the IDLH atmosphere;
(C) The employee(s) outside
the IDLH atmosphere have the training and equipment to provide effective emergency
rescue;
(D) The employer or designee
is notified before the employee(s) outside the IDLH atmosphere enter the IDLH atmosphere
to provide emergency rescue;
(E) The employer or designee
authorized to do so by the employer, once notified, provides necessary assistance
appropriate to the situation;
(F) Employee(s) outside the
IDLH atmospheres have:
(i) Pressure demand or other
positive pressure SCBAs, or a pressure demand or other positive pressure supplied-air
respirator with auxiliary SCBA; and either:
(ii) Appropriate retrieval
equipment for removing the employee(s) who enter(s) these hazardous atmospheres
where retrieval equipment would contribute to the rescue of the employee(s) and
would not increase the overall risk resulting from entry; or
(iii) Equivalent means for
rescue when there is no requirement for retrieval equipment under paragraph (7)(c)(F)(ii).
(d) Procedures for interior
structural firefighting. If you require your workers to fight interior structural
fires, paragraph (7)(c) applies. You must also do the following:
(A) At least two employees
enter the IDLH atmosphere and remain in visual or voice contact with one another
at all times; and
(B) At least two employees
are located outside the IDLH atmosphere; and
(C) All employees engaged
in interior structural firefighting use SCBA’s.
NOTE 1 to paragraph (7)(d):One of the
two individuals located outside the IDLH atmosphere may be assigned to an additional
role, such as incident commander in charge of the emergency or safety officer, so
long as this individual is able to perform assistance or rescue activities without
jeopardizing the safety of health of any firefighter working at the incident.
NOTE 2 to paragraph (7)(d):
Nothing in this section is meant to preclude firefighters from performing emergency
rescue activities before an entire team has assembled.
(8) Maintenance and care of respirators.
(a) Cleaning and disinfecting.
You must provide each respirator user with a respirator that is clean, sanitary,
and in good working order. You also must ensure that respirators are cleaned and
disinfected using the procedures in Appendix B-2, or equally effective procedures
recommended by the respirator manufacturer, at the following intervals:
(A) Clean and disinfect respirators
used exclusively by one worker as often as necessary to keep them sanitary;
(B) Clean and disinfect respirators
after each use, or before being worn by different individuals, if used by more than
one worker;
(C) Clean and disinfect emergency
use respirators after each use; and
(D) Clean and disinfect fit
test and training respirators after each use.
(b) Storage. Ensure that
respirators are stored as follows:
(A) Store all respirators
to protect them from damage, contamination, dust, sunlight, extreme temperatures,
excessive moisture, damaging chemicals, and to prevent deformation of the face piece
and exhalation valve.
(B) In addition to the requirements
of paragraph (8)(b)(A), keep emergency respirators:
(i) Accessible to the work
area;
(ii) In compartments or in
covers clearly marked as containing emergency respirators; and
(iii) In accordance with
any applicable manufacturer instructions.
(c) Inspections.
(A) The employer must require
respirator inspections as follows:
(i) Inspect all routine use
respirators before each use and during cleaning;
(ii) Inspect emergency use
respirators at least monthly and according to the manufacturer’s recommendations.
Check for proper function before and after each use; and
(iii) Inspect escape respirators
before taking them into the workplace for use.
(B) The employer must ensure
that respirator inspections include the following:
(i) A check of respirator
function, tightness of connections, and the condition of the various parts including,
but not limited to, the face piece, head straps, valves, connecting tube, and cartridges,
canisters or filters; and
(ii) A check of elastomeric
parts for pliability and signs of deterioration.
(C) In addition to the requirements
of paragraphs (8)(c)(A) and (B), inspect self-contained breathing apparatus monthly.
Keep air and oxygen fully charged and recharge them when the pressure falls to 90
percent of the manufacturer’s recommended pressure level. Be certain the regulator
and warning devices work properly.
(D) For emergency use respirators,
the employer must:
(i) Certify the respirator
by documenting the date of inspection, the name (or signature) of the inspector,
the findings, required remedial action, and a serial number or other means of identifying
the respirator; and
(ii) Provide this information
on a tag or label attached to the respirator storage compartment, or keep it with
the respirator, or include it in paper or electronic inspection reports. Keep this
information until the next report replaces it.
(d) Repairs. Do not use respirators
that fail an inspection or are otherwise defective. Either discard them or repair
them according to these procedures:
(A) Only people with appropriate
training may repair or adjust respirators. They must use only the manufacturer’s
NIOSH-approved parts designed for the particular respirator;
(B) Repairs must conform
to the manufacturer’s recommendations for the type of repair to be performed;
(C) Only the manufacturer
or a technician trained by the manufacturer may repair or adjust the reducing and
admission valves, regulators and alarms.
(9) Breathing air quality
and use.
(a) The employer must ensure
or have their supplier certify that compressed air, compressed oxygen, liquid air,
and liquid oxygen used for respiration meets the following specifications:
(A) Compressed and liquid
oxygen must meet the United States Pharmacopoeia requirements for medical or breathing
oxygen; and
(B) Compressed breathing
air must meet at least the requirements for Grade D breathing air described in ANSI/Compressed
Gas Association Commodity Specification for Air, G-7.1-1989, to include:
(i) Oxygen content (v/v)
between 19.5 and 23.5 percent;
(ii) Hydrocarbon (condensed)
content of no more than 5 milligrams per cubic meter of air;
(iii) Carbon monoxide (CO)
content of no more than 10 ppm;
(iv) Carbon dioxide content
of no more than 1,000 ppm; and
(v) No noticeable odor.
NOTE: Do not fill your own air vessels
unless they and the contents meet all the requirements of this standard.
(b) Do not use compressed oxygen in
atmosphere-supplied respirators that previously held compressed air.
(c) The employer must ensure
that oxygen concentrations more than 23.5 percent are used only in equipment designed
for oxygen service or distribution.
(d) The employer must ensure
that cylinders to supply breathing air to respirators meet the following requirements:
(A) Cylinders are tested
and maintained as prescribed in the Shipping Container Specification Regulations
of the Department of Transportation (49 CFR part 180);
(B) Cylinders of purchased
breathing air have a certificate of analysis from the supplier that the breathing
air meets the requirements for Grade D breathing air; and
(C) The moisture content
in the cylinder does not exceed a dew point of –50 degrees F. (-45.6 degrees
C.) at 1 atmosphere pressure.
(e) The employer must ensure
that compressors supplying breathing air to respirators are constructed and situated
to:
(A) Prevent entry of contaminated
air into the air-supply system;
(B) Minimize moisture content
so that the dew point at 1 atmosphere pressure is 10 degrees F. (5.56 degrees C.)
below the ambient temperature;
(C) Have suitable in-line
air-purifying sorbent beds and filters to further ensure breathing air quality.
Maintain and replace sorbent beds and filters according to the manufacturer’s
instructions.
(D) Have a tag at the compressor
showing the most recent change date and the signature of the authorized person who
did the change.
(f) For compressors that
are not oil-lubricated, ensure that carbon monoxide levels in the breathing air
do not exceed 10 ppm.
(g) For oil-lubricated compressors,
use only a high-temperature or carbon monoxide alarm, or both, to monitor carbon
monoxide levels. If you use only high-temperature alarms, monitor the air supply
often enough to prevent carbon monoxide in the breathing air from exceeding 10 ppm.
(h) The employer must ensure
that breathing air couplings are incompatible with outlets for nonrespirable worksite
air or other gas systems. Do not allow any asphyxiating substance to get into breathing
airlines.
(i) Use only the respirator
manufacturer’s NIOSH approved breathing gas containers marked and maintained
in accordance with the Quality Assurance provisions of the NIOSH approval for the
SCBA, as issued in accordance with the NIOSH respirator certification standard at
42 CFR part 84.
(10) Identification of filters,
cartridges, and canisters. The employer must ensure that all filters, cartridges
and canisters have labels and color codes that comply with the NIOSH standards and
that the label remains in place and legible.
(11) Training and information.
(a) The employer must ensure
that each employee can demonstrate knowledge of at least the following:
(A) Why the respirator is
necessary and how improper fit, use, or maintenance can compromise the protective
effect of the respirator;
(B) What the limitations
and capabilities of the respirator are;
(C) How to use the respirator
effectively in emergency situations, including situations in which the respirator
malfunctions;
(D) How to inspect, put on
and remove, use, and check the seals of the respirator;
(E) What the procedures are
for maintenance and storage of the respirator;
(F) How to recognize medical
signs and symptoms that may limit or prevent the effective use of respirators; and
(G) The general requirements
of this rule.
(b) Training must be in a
language or form that workers understand.
(c) Training must be complete
before workers use respirators.
(d) Retrain respirator users
annually and when these situations happen:
(A) Changes in the work or
the type of respirator make previous training obsolete;
(B) Inadequacies in the employee’s
knowledge or use of the respirator indicate that they no longer have the basic understanding
or skill; or
(C) Any other situation arises
in which retraining appears necessary to ensure safe respirator use.
(e) An employer who can demonstrate
that a new employee has training within the last 12 months that addresses the elements
in paragraph (11)(a)(A) through (G) does not have to repeat that training if, the
employee can demonstrate knowledge of those element(s). Previous training not repeated
initially by the employer must be provided no later than 12 months from the date
of the previous training.
(f) Provide every voluntary
respirator user with the basic advisory information in Appendix D. Any written or
oral format that the employee understands is acceptable.
(12) Program evaluation.
(a) Evaluate the workplace
as necessary to ensure effective implementation of the current written program.
(b) Regularly consult your
respirator users to get their views on your program’s effectiveness and to
identify problems. Correct the problems identified. Things to assess include at
least:
(A) Respirator fit (including
the ability to use the respirator without interfering with effective workplace performance);
(B) Users have and use the
correct respirator and components for their exposure hazards;
(C) Proper respirator use;
and
(D) Proper respirator maintenance.
(13) Recordkeeping.
(a) Medical evaluation. Retain
and make available all medical evaluations required by this standard according to
Division 2/Z, 1910.1020. (Division 4/A, 437-004-0005, Medical Records Access, stipulates
that Division 2/Z, 1910.1020 applies to agricultural employers.)
(b) Fit testing.
(A) You must keep a record
of qualitative and quantitative fit tests for each user including:
(i) The name or identification
of the employee;
(ii) Type of fit test;
(iii) Specific make, model,
style, and size of respirator tested;
(iv) Date of test; and
(v) The pass/fail results
for QLFTs or the fit factor and strip chart recording or other recording of the
test results for QNFTs.
(B) Keep fit test records
until records of a new test replace them.
(c) You must keep a written
copy of your current respirator program.
(d) On request, you must
make written records required by this standard, available to the Oregon OSHA Administrator
or their designee for examination or copying.
(14) Appendices. Compliance
with Appendix A, Appendix B-1, Appendix B-2, Appendix C, and Appendix D of this
rule is mandatory.
(15) Effective Date. OAR
437-004-1041, Respiratory Protection, is effective March 1, 2007. Appendices.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]]
Stat. Auth.: ORS 654.025(2),
656.726(4).

Stats. Implemented: ORS 654.001
- 654.295.

Hist.: OSHA 3-2006, f. 6-7-06,
cert. ef. 3-1-07; OSHA 10-2006, f. & cert. ef. 11-30-06; OSHA 3-2007, f. &
cert. ef. 8-13-07; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13
437-004-1050
Head Protection
NOTE: See Division 4/W, 437-004-600,
170.240(c)(10) for information about the chemical-resistant headwear requirements
for pesticide handlers.
(1) General requirements. Require employees
to wear head protection helmets or hardhats when working in areas where there is
a potential for injury to the head such as from falling or flying objects or electrical
hazards.
(2) Criteria for protective
headwear.
(a) Head protection must
comply with any of the following consensus standards:
(A) ANSI Z89.1-2003, “American
National Standard for Industrial Head Protection;”
(B) ANSI Z89.1-1997, “American
National Standard for Industrial Head Protection;” or
(C) ANSI Z89.1-1986, “American
National Standard for Personnel Protection — Protective Headwear for Industrial
Workers – Requirements.”
NOTE: The Oregon OSHA Resource Center
has copies of these standards for public review at 350 Winter Street NE, Salem OR.
(b) Protective headwear that the employer
demonstrates is at least as effecive as protective headwear 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.
(3) Require employees who
work close to moving parts of power-driven machinery or sources of ignition and
whose hair is long enough to be caught in it or to be ignited, to wear caps or other
head coverings that completely restrains the hair.
NOTE: See Divisions 4/O and 4/P for
equipment and tool guarding requirements.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 2-2010, f. & cert. ef. 2-25-10; OSHA 4-2012, f. 9-19-12,
cert. ef. 1-1-13
437-004-1060
Hand, Foot, and Extremity Protection
NOTES: See Division 4/P, 437-004-2220(10)
for the protective equipment requirements (appropriate gloves, aprons and leg guards)
for employees using sharp-edged cutting tools. See Division 4/P, 437-004-2230 for
requirements for PPE while using chain saws. See Division 4/W, 437-004-6000, 170.240(c)(5)
and (6) for information about the requirements for gloves and chemical-resistant
footwear for pesticide handlers.
(1) General requirements for hand protection.
(a) Employers must select
and require employees to use appropriate hand protection when the work exposes employees’
hands to hazards such as contact with harmful substances; severe cuts, lacerations,
or abrasions; punctures; chemical burns; electrical hazards; harmful temperature
extremes.
(b) Do not allow the use
of leather or other absorbent materials to protect against chemical hazards.
(c) Do not allow employees
to wear gloves near moving parts or machines that might catch them.
NOTE: See Divisions 4/O and 4/P for
equipment and tool guarding requirements.
(2) General requirements for protective
footwear.
(a) Require employees to
use appropriate protective footwear when there is a danger of foot injuries due
to falling or rolling objects, objects piercing the sole, chemical exposures, or
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;”
(B) ANSI Z41-1999, “American
National Standard for Personal Protection — Protective Footwear;” or
(C) ANSI Z41-1991, “American
National Standard for Personal Protection – Protective Footwear.”
NOTES: Look for ANSI compliance information
on the shoe, the box, or tags. The Oregon OSHA Resource Center has copies of these
consensus standards for public review at 350 Winter Street NE, Salem OR.
(c) Protective footwear that the employer
demonstrates is at least as effective as 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.
(3) Protection of Extremities.
(a) Require employees to
wear leggings or high boots of leather, rubber or other suitable material to protect
legs from physical hazards such as hot or cold substances, or sharp objects, and
from chemical hazards such as spills or splashes.
(b) Require employees to
wear sleeves or long gloves of leather, rubber or other suitable material to protect
arms from physical hazards such as hot or cold substances, or sharp objects; and
from chemical hazards such as spills or splashes.
(c) Do not allow the use
of of leather or other absorbent materials to protect against chemical hazards.
NOTE: See Division 4/P, OAR 437-004-2230(1)(c)(G)
for the requirement to provide flexible bassistic nylon pads, chaps (or other equivalent
protective equipment for the legs from the thigh to the top of the boot) for employees
using chain saws.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 2-2010, f. & cert. ef. 2-25-10; OSHA 4-2012, f. 9-19-12,
cert. ef. 1-1-13
437-004-1070
Working Underway on Water
(1) Definitions.
(a) Boat — means every
description of water craft used or capable of being used as a means of transportation
on the water, but does not include aircraft built to land on the water. Examples
include rowboats, powerboats, rafts, barges, pontoons, and dredges.
(b) Underway — means
when a boat is in or on the water and on the move — not at anchor, not moored,
and not made fast to the shore.
(2) Personal flotation devices.
(a) Workers in boats that
are underway must wear Coast Guard approved or equivalent, wearable personal flotation
devices (PFD).
Exception: A worker below deck or in
an enclosed part of a boat like a cabin or pilot house, need not wear the PFD but
must have it readily available.
(b) The PFD provided must be:
(A) The right size for the
wearer;
(B) Able to perform the function
that the manufacturer intended; and
(C) Maintained according
to the manufacturer’s requirements and recommendations.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 1-2001, f. 1-18-01,
cert. ef. 3-1-01; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13
437-004-1075
Working Over or In Water
(1) Definition. Rescue device means
a ring buoy and line, gaff pole, throwable rescue device, or other device that serves
as a means to rescue somebody from the water without requiring the rescuer to enter
the water.
(2) Scope and Application.
(a) These rules apply where
there is a danger of drowning and the water is more than 5 feet deep. These rules
do not apply to workers protected by general or personal fall protection.
(b) If employees are engaged
in diving and related support operations conducted in connection with Agricultural
employment, Division 2, 1910.401 through 1910.440, Commercial Diving Operations,
applies.
(3) Personal flotation and
rescue devices.
(a) Workers in water, over
water on floating or unstable surfaces, or adjacent to water, must wear a Coast
Guard approved or equivalent, wearable personal flotation device (PFD).
(b) The PFD must be:
(A) The right size for the
wearer,
(B) Able to perform the function
that the manufacturer intended, and
(C) Maintained according
to the manufacturer’s requirements and recommendations.
(c) Piers, docks, wharves
and work sites along developed shorelines must have rescue devices available within
200 feet of the water or shoreline work area.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 1-2001, f. 1-18-01,
cert. ef. 3-1-01; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13
Work Environment
437-004-1105
Sanitation
(1) General.
(a) Scope. This applies to
permanent agricultural places of employment under conditions not covered by other
standards such as 4/J, OAR 437-004-1110, Field Sanitation and 4/W, OAR 437-004-9990,
Worker Protection Standard.
(b) Definitions applicable
to this section.
(A) Non-water carriage toilet
facility is a toilet facility not connected to a sewer.
(B) Number of employees is,
unless otherwise stated, the maximum number of employees present at any one time
on a regular shift.
(C) Potable water is water
meeting the bacteriological and chemical quality requirements in the OAR chapter
333, division 61, Public Water Systems, of the Oregon State Health Division.
(D) Sanitary means free from
agents harmful to health.
(E) Toilet facility is a
fixture in a toilet room for defecation, urination, or both.
(F) Toilet room is a room
with toilet facilities in or on any place of employment.
(G) Toxic material is a material
in concentration or amount that exceeds the applicable limit established by a standard,
or, lacking an applicable standard, is so toxic as to be a recognized hazard that
is causing or is likely to cause death or serious physical harm.
(H) Urinal is a toilet facility
in a toilet room for the sole purpose of urination.
(I) Water closet is a toilet
in a toilet room for both defecation and urination and flushed with water.
(J) Wet process is any process
or operation that normally results in employee walking or working surfaces becoming
wet.
(c) Housekeeping.
(A) Keep all work areas as
clean as the work allows.
(B) Work area floors must
be kept as dry as conditions allow. Where there are wet processes, there must be
drainage or false floors, platforms, mats, or other dry standing places, where practicable.
Otherwise, provide waterproof shoes or boots.
(d) Waste disposal.
(A) Any container for solid
or liquid waste or refuse that could rot or decompose must not leak. It must be
cleanable, sanitary and have a solid tight-fitting cover unless it can be kept sanitary
without one.
(B) Remove sweepings, solid
or liquid wastes, refuse, and garbage to avoid creating a health hazard and often
enough to keep the work area sanitary.
(2) Disposal of waste materials.
(a) Do not allow scrap, waste
material or debris to accumulate in work areas.
(b) Remove flammable waste,
such as oily rags, or keep it in containers designed or suitable for it.
(c) Where the use of machines
or equipment creates hazardous waste materials, they must have suitable collecting
or removal systems. If the refuse is unsuitable for removal that way, find a safe
method of temporary storage and regular removal.
(3) Water supply.
(a) Potable water.
(A) Every work area must
have potable water for drinking and washing.
(B) Portable drinking water
dispensers must be kept sanitary. They must be capable of being closed and have
a tap.
(C) Do not use open containers
such as barrels, pails, or tanks for drinking water.
(D) Do not use common drinking
cups and other common utensils.
(b) Non-potable water.
(A) Outlets for non-potable
water must have markings that clearly state that the water is unsafe and is not
for drinking, washing, or use with or on food.
(B) Non-potable water systems
or systems carrying any other non-potable substance must prevent backflow or back
siphonage into a potable water system.
(C) Do not use non-potable
water for washing any part of the body, cooking or eating utensils, or clothing.
Clean work areas, other than food processing and preparation areas and personal
service rooms, with non-potable water only if it has no chemicals, fecal coliform,
or other substances that could create insanitary conditions or be harmful to employees.
NOTE: Water supply systems design and
construction standards are in the Oregon Health Division rules, OAR chapter 333,
division 61, Public Water Systems.
(4) Toilet facilities.
(a) General.
(A) Except as otherwise stated
in this paragraph, there must be toilet facilities that comply with Table 1, in
toilet rooms separate for each sex. Base the number of facilities for each sex on
the number of employees of that sex. You don’t need separate rooms for each
sex if the toilet rooms are for one person at a time, can be locked from the inside,
and have at least one water closet. Where single-occupancy rooms have more than
one toilet facility, count only one facility in each toilet room when using table
1. [Table not included. See ED. NOTE.]
(B) The requirements of (4)(a)(A)
above do not apply to mobile crews or to normally unattended work locations if employees
have transportation immediately available to nearby toilet facilities that meet
the requirements of this subparagraph.
(C) The sewage disposal method
must not endanger the health of employees.
(b) Construction of toilet
rooms. Each water closet must be in a separate compartment with a door and walls
or partitions between fixtures high enough to assure privacy.
(c) Toilet facilities. Toilet
facilities at permanent work sites must be reasonably accessible.
(5) Washing facilities. Work
areas must have adequate facilities or supplies for cleaning hands.
(6) Change rooms. When a
standard requires employees to wear protective clothing because of the possibility
of contamination with toxic materials, you must provide change rooms with storage
facilities for street clothes and separate storage facilities for the protective
clothing. This does not apply to outdoor work.
(7) Consumption of food and
beverages on the premises. This applies only where employees are permitted to eat
on the premises.
(a) Do not allow workers
to eat in a toilet room or in any area exposed to a toxic material.
(b) Provide receptacles made
of smooth, corrosion resistant, easily cleanable, or disposable materials for the
disposal of waste food. Do not allow them to become over filled. Empty them daily
unless unused and keep them clean. They must have a solid tight-fitting cover unless
they can be kept clean without a cover.
(c) Do not store food or
beverages in toilet rooms or in areas exposed to a toxic material, medicines or
live virus.
(8) Vermin control. Every
enclosed work place must be built and maintained, as much as practicable, to prevent
rodents, insects, and other vermin from entering or living in it.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-1110
Field Sanitation for Hand Labor
Work
(1) Scope. This applies to any agricultural
establishment where employees do hand-labor operations in the field.
(2) Exceptions. These rules
do not apply to:
(a) Logging operations;
(b) The care or feeding of
livestock;
(c) Hand-labor operations
in permanent structures (e.g., canning facilities or packing houses); or
(d) Machine operators working
entirely separate from hand-labor operations.
(3) Definitions.
Agricultural employer —
See universal definition in 4/B, OAR 437-004-0100. Agricultural establishment —
See universal definition in 4/B, OAR 437-004-0100. Hand labor operation —
means agricultural activities or agricultural operations performed by hand or with
hand tools, including:
(A) Hand-cultivation, hand-weeding,
hand-planting, and hand-harvesting of vegetables, nuts, fruits, seedlings, or other
crops (including mushrooms);
(B) Hand packing or sorting,
whether done on the ground, on a moving machine, or in a temporary packing shed
in the field; and
(C) Except for purposes of
OAR 437-004-1110(6), operation of vehicles or machinery, when such activity is in
conjunction with other hand-labor operators. Handwashing facility — means
a facility providing either a basin, container, or outlet with an adequate supply
of potable water, soap, and single-use towels. Potable water – is water meeting
the bacteriological and chemical quality requirements in the OAR chapter 333, division
61 Public Water Systems, of the Oregon State Health Division.
NOTE: OAR chapter 333, division 61
defines potable water as “Safe Drinking Water – water which has sufficiently
low concentrations of microbiological, inorganic chemical, organic chemical, radiological,
or physical substances so that individuals drinking such water at normal levels
of consumption, will not be exposed to disease organisms or other substances that
may produce harmful physiological effects.”
Toilet facility — means a fixed
or portable facility designed for adequate collection and containment of the products
of both defecation and urination. Toilet facility includes biological, chemical,
flush, and combustion toilets and sanitary privies.
(4) General requirements.
Agricultural employers must provide and pay for everything required by this section
for employees doing hand-labor operations in the field.
(5) Potable drinking water.
(a) Provide potable water
that is available immediately to all employees.
(b) The water must be suitably
cool and in sufficient amounts, taking into account the air temperature, humidity,
and the nature of the work, to meet the needs of all employees.
(c) Dispense water in single-use
drinking cups or by angle jet fountains. Do not use common drinking cups or dippers.
(6) Toilet and handwashing
facilities.
(a) Provide one toilet facility
and one handwashing facility for each 20 employees or fraction thereof.
(b) Toilet facilities must
have adequate ventilation, appropriate screens, self-closing doors that close and
latch from the inside and ensure privacy.
(c) Maintain privies and
portable toilets as follows:
(A) Structures must be free
of hazards, in good repair and be stable.
(B) Except for urinals, multiple
units must have separate compartments with doors with inside latches to ensure privacy.
(C) Seats must have lids
that raise to allow use as urinals, unless there are separate urinals.
(d) Privies and portable
toilets built after the effective date of these rules must comply with the rules
of the Department of Environmental Quality.
(e) Provide toilet facilities
for each sex, where practicable. Distinctly mark them “women” and “men”
in English and in the native language of employees expected to work in the fields
or with easily understood pictures or symbols.
(f) The employer must ensure
that for each toilet facility:
(A) There is enough toilet
paper to meet the workers’ needs during the shift; and
(B) There are toilet paper
holders or dispensers for each seat.
(g) Locate toilet and handwashing
facilities adjacent to each other and no more than a 5 minute or a 1/4-mile (1,320
feet) unobstructed walk from each hand laborer’s place of work in the field.
(h) Where, due to terrain,
it is not feasible to locate facilities as in (g) above, the facilities must be
at the point of closest vehicular access.
(7) Maintenance.
(a) Potable drinking water
and toilet and handwashing facilities must comply with appropriate public health
sanitation practices.
(b) Drinking water containers
must be made of materials that maintain water quality. Refill them daily or more
often as necessary and keep them covered and clean.
(c) Toilet facilities must
work and be clean and safe.
(d) Empty and recharge chemical
toilets prior to the start of each season of operation and at least every 6 months
thereafter during use or when the tank is three-quarters full, whichever occurs
first.
(e) Where crops intended
for human consumption are produced, toilets must not contaminate crops.
(f) Refill handwashing facilities
with potable water as necessary to ensure an adequate supply and maintain them in
a clean and sanitary condition.
(g) Disposal of wastes from
facilities, including handwashing water and towels, must not cause unsanitary conditions
or contamination of crops.
(8) Field sanitation notice.
Employers that grow or harvest food crops for human con- sumption must post a notice
describing the requirements of these rules and advising where workers may file complaints
regarding field sanitation matters. It must be in the language of the majority of
the workers.
(9) Reasonable use.
(a) The employer must notify
each employee of the location of the sanitation facilities and water, and allow
each employee reasonable opportunities during the workday to use them. The employer
must inform each employee of the importance of good hygiene practices to minimize
exposure to the hazards in the field from heat, communicable diseases, retention
of urine and agrichemical residues, including, but not limited to the following:
(A) Using the water and facilities
provided for drinking, handwashing, and elimination;
(B) Drinking water frequently,
especially on hot days;
(C) Urinating as frequently
as necessary;
(D) Washing hands both before
and after using the toilet; and
(E) Washing hands before
eating and smoking.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2011, f. & cert. ef. 12-8-11
437-004-1120
Agricultural Labor Housing and Related
Facilities
(1) Application.
(a) These rules apply to
any place, or area of land, where there are living areas, manufactured or prefabricated
homes or dwellings or other housing provided by a farmer, farm labor contractor,
agricultural employer or other person in connection with the recruitment of workers
on an agricultural establishment.
(b) These rules apply to
any type of labor housing and related facilities together with the tract of land,
established, or to be established, operated or maintained for housing workers with
or without families whether or not rent is paid or collected.
(c) Manufactured dwellings
and homes must comply with specifications for construction of sleeping places, unless
they comply with ORS 446.155 to 446.185 and OAR 918-500-0020(2) that have the requirements
and specifications for sanitation and safety design for manufactured dwellings.
(d) These rules apply to
housing given to, rented, leased to or otherwise provided to employees for use while
employed and provided or allowed either by the employer, a representative of the
employer or a housing operator.
(e) These rules, unless otherwise
stated, apply to all occupants of the labor housing and facilities.
(f) These rules apply to
all labor housing sites owned, operated, or allowed to operate on property under
the jurisdiction of any state or municipal authority.
(g) Violations relating to
the occupants’ personal housekeeping practices in facilities that are not
common use will not result in citations to the employer.
(h) For the purposes of OAR
437-004-1120, labor contractors as defined in ORS 658.405 are employers.
(2) These rules do not apply
to:
(a) hotels or motels that
provide similar housing commercially to the public on the same terms as they do
to workers.
(b) accommodations subject
to licensing as manufactured dwelling parks, organizational camps, traveler’s
accommodations or recreation vehicle parks and open to the general public on the
same terms.
(c) manufactured homes or
dwellings being moved regularly from place to place because of the work when at
parks or camps meant for parking mobile vehicles and open to the general public
on the same terms.
(3) Charging occupants for
required services. Operators may not charge for services required by this rule (OAR
437-004-1120). This prohibits pay-per-use toilets, pay-per-use bathing facilities
or any other method of paying for individual service requirements.
(4) Definitions.
(a) Clean means the absence
of soil or dirt or removal of soil or dirt by washing, sweeping, clearing away,
or any method appropriate to the material at hand.
(b) Common use facilities
are those for use by occupants of more than one housing unit or by occupants of
dormitory-style housing.
(c) Common use cooking and
eating facility is a shared area for occupants to store, prepare, cook, and eat
their own food.
(d) Dining hall is an eating
place with food furnished by and prepared under the direction of the operator for
consumption, with or without charge, of the occupants.
(e) Facility means a living
area, drinking water installation, toilet installation, sewage disposal installation,
food handling installation, or other installation required for compliance with the
labor housing and related facility rules.
(f) Garbage means food wastes,
food packaging materials or any refuse that has been in contact with food stuffs.
(g) Housing site is a place
where there are living areas.
(h) Livestock operation is
any place, establishment or facility with pens or other enclosures in which livestock
is kept for purposes including, but not limited to, feeding, milking, slaughter,
watering, weighing, sorting, receiving, and shipping. Livestock operations include,
among other things, dairy farms, corrals, slaughterhouses, feedlots, and stockyards.
Operations where livestock can roam on a pasture over a distance are outside this
definition.
(i) Living area is any room,
structure, shelter, tent, manufactured home or dwelling or prefabricated structure,
vehicle or other place housing one or more persons.
(j) Manufactured dwelling
is a residential trailer, built before January 1, 1962, for movement on the highway,
that has sleeping, cooking and plumbing facilities; or, a mobile home, constructed
for movement on the highway, that has sleeping, cooking and plumbing facilities,
built between January 1, 1962 and June 15, 1976 and meeting the requirements of
Oregon mobile home law in effect at the time of construction.
(k) Manufactured home is
a structure built for movement on the highway that has sleeping, cooking and plumbing
facilities and is used as a residence. Built on or after June 15, 1976 to comply
with federal manufactured housing standards and regulations in effect at the time
of construction. More information on these definitions is in ORS 446.003(26).
(l) Operator means any person
or company that operates labor housing and/or related facilities.
(m) Potable water is water
meeting the bacteriological and other requirements of the Public Health Division
of the Oregon Department of Human Services.
(n) Prefabricated structure
means a building or subassembly which has been in whole or substantial part manufactured
or assembled using closed construction at an off-site location to be wholly or partially
assembled on-site; but does not include a manufactured home or dwelling. Prefabricated
structures are manufactured in accordance with the Oregon state building code and
rules adopted by the Building Codes Division of the Oregon Department of Consumer
and Business Services in OAR 918-674.
(o) Privy is the same as
outhouse or pit toilet but is not the same as portable toilets.
(p) Recyclable material means
containers that are returnable for refund of a deposit or materials gathered as
part of a recycling program.
(q) Refuse includes waste
materials such as paper, metal, discarded items, as well as debris, litter and trash.
(r) Sanitary means free from
agents that may be injurious to health.
(s) Sewage means the water-carried
human and animal wastes, including kitchen, bath, and laundry wastes from residences,
buildings, industrial establishments, or other places, together with such ground-water
infiltration, surface waters, or industrial wastes as may be present.
(t) Toilet room is a room
in or on the premises of any labor housing, with toilet facilities for use by employees
and occupants of that housing.
(5) Housing registration
requirements.
(a) ORS 658.705 requires
the operator of Agricultural Labor Housing and Related Facilities to register such
housing with Oregon OSHA as in (b) below, except the following:
(A) Housing occupied solely
by members of the same family,
(B) Housing occupied by five
or fewer unrelated persons, and
(C) Housing on operations
that do not produce or harvest farm crops (Oregon OSHA considers “production
of crops” to mean production of farm crops for sale”).
(b) Each year, before occupancy,
the operator or employer must register agricultural labor housing and related facilities
with Oregon OSHA as set out below.
(A) The operator must contact
Oregon OSHA at least 45 days before the first day of operation or occupancy of the
housing and related facilities. Instructions and additional information will come
later by mail.
(B) If the housing and related
facilities were not registered in the previous year, the operator must call Oregon
OSHA to request a consultation visit to the housing. Oregon OSHA will register housing
and related facilities not previously registered only after a pre-occupancy consultation
that finds the housing or facility to be substantially in compliance with all applicable
safety and health rules.
(C) If there were significant
changes in the circumstances of the housing or facilities since the last registration,
Oregon OSHA may, at its discretion, refer the employer for a consultation prior
to re-registering the housing and facilities.
(D) Once registered, the
operator must display the registration certificate provided by Oregon OSHA in a
place frequented by employees. The operator must also provide and display a translation
of the certificate in the language or languages used to communicate with employees.
(c) The Director of the Department
of Consumer and Business Services or designee may revoke a labor housing and related
facilities registration if Oregon OSHA determines that any of the following apply:
(A) The application had any
negligent or willful material misrepresentation, or false statement.
(B) The conditions under
which the registration was accepted no longer exist or have changed.
(C) The housing and related
facilities are not substantially in compliance with the applicable safety and health
rules.
(d) When Oregon OSHA revokes
the registration of agricultural labor housing and related facilities, operators
or their agents have 30 days to file a written appeal. On receipt of such appeal,
the Director of the Department of Consumer and Business Services will hold a contested
case hearing on that appeal under ORS 183.413, et seq.
(e) Any group or individual
may protest the proposed registration, continued registration or renewal of any
labor housing and related facilities registration under the following conditions:
(A) The signed and dated
protest must be submitted in writing and received by the Director before issuance
of the registration or renewal.
(B) The protest must include
the name, address and phone number of the individual or group filing it.
(C) The protest must clearly
identify which housing and related facilities is the subject of the protest, including
the exact physical location and name of the applicant.
(D) The protest must clearly
state the facts and reasons for the protest. Such facts and reasons must be based
on factors that are within the scope of ORS 654, 658.705 through 658.850 and any
relevant regulations.
(E) When the above provisions
are met, such group or individual may participate in the contested case as a party
or limited party under OAR 137-003-0005.
(6) Site requirements:
(a) The grounds of labor
housing and related facilities must be substantially free from waste water, sewage,
garbage, recyclable material, refuse or noxious plants such as poison oak and poison
ivy.
(b) During housing occupancy,
grass, weeds and brush must be cut back at least 30 feet from buildings.
(c) All housing site land
must have adequate drainage. The site must not be subject to flooding when occupied.
(d) Adequately dispose of
the waste water and food waste under outside water hydrants.
(e) The operator of labor
housing is responsible for the maintenance and operation of the housing and its
facilities.
(f) Store all toxic materials
such as pesticides, fertilizers, paints and solvents in a safe place.
(g) Do not leave empty pesticide
containers such as drums, bags, cans, or bottles in the housing area.
(h) Prevent or control the
breeding of mosquitoes, flies, and rodents in the immediate housing area and within
200 feet of any labor housing and related facilities owned or under lawful control
or supervision of the operator.
(i) Do not locate labor housing
within 500 feet of livestock operations unless the employees in the housing are
employed to tend or otherwise work with the animals.
NOTE: This does not apply to animals
owned by the housing occupants.
(j) Provide electricity to all housing
units and related facilities. Subdivision 4/S, Electricity applies to ALH.
(k) Extension cords or plug
strips must have circuit breaker or fuse protection either as part of the set or
part of the building wiring.
(l) Facilities built or remodeled
before December 15, 1989, must have a ceiling or wall-type electric light fixture
in working order and at least one wall-type electrical outlet in every living area.
Facilities built or remodeled after that date must comply with the code in effect
at the time of construction or remodeling.
(m) Provide a ceiling or
wall-type electric light in toilet rooms, lavatories, shower or bathing rooms, laundry
rooms, hallways, stairways, the common eating area or other hazardous dark areas.
(n) Light privies either
directly or indirectly from an outside light source.
(o) Provide enough light
in corridors and walkways to allow safe travel at night.
(p) Each housing site must
have its street numbers displayed to be easily visible to responding emergency vehicles
on public highways or roads.
(q) The lowest point of wooden
floor structures must be at least 12 inches above ground.
(7) Water supply.
(a) All domestic water furnished
at labor housing and related facilities must conform to the standards of the Public
Health Division of the Oregon Department of Human Services.
(A) The site water system
must supply at least 15 psi at the outlet end of all water lines regardless of the
number of outlets in use.
(b) Have a bacteriological
analysis done on the water before occupancy and as often as needed to assure a potable
water supply, except when the water comes from a community water system.
(c) Provide enough potable
water in the labor housing area for drinking, hand washing, bathing and domestic
use. An ample supply is at least 35 gallons of water per day per occupant.
(d) Arrange, construct and
if necessary, periodically disinfect the water storage and distribution facilities
to satisfactorily protect the water from contamination. Install all new plumbing
in labor housing and related facilities to comply with the Oregon state building
code.
(e) When potable water is
not available in each dwelling unit, there must be a potable water source within
100 feet of each unit and there must be a working, clean drinking fountain for each
100 occupants or fraction thereof.
(f) Post as, “Unsafe
for drinking,” non-potable water that is accessible to occupants. The posting
must be in the language of the camp occupants or with a universal symbol.
(g) Portable water containers
with spigots and tight fitting lids are acceptable for providing and storing drinking
water in the housing.
(A) These containers must
be made of impervious non-toxic materials that protect the water from contamination.
(B) Wash and sanitize them
at least every 7 days.
(h) Do not use containers
such as barrels, pails or tanks that require dipping or pouring to get the water.
(i) Do not use cups, dippers
or other utensils for common drinking purposes.
(j) Do not allow cross connection
between a system furnishing water for drinking purposes and a non-potable supply.
(8) Bathing, hand washing,
laundry, and toilet facilities — General.
(a) Provide an adequate supply
of hot and cold water under pressure for all common use bathing, hand washing, and
laundry facilities at all labor housing and related facilities.
(b) In installations with
bathing, laundry facilities, or flush toilets, the floor and walls must be of readily
cleanable finish and impervious to moisture.
(c) All common use bathing,
hand washing, and laundry facilities must be clean, sanitary and operating properly.
(d) Buildings for common
use bathing, hand washing, laundry, and toilet facilities must have heating capable
of keeping the facility at 68 degrees or more during use.
(9) Bathing facilities.
(a) Provide drains in all
showers to remove waste water. Slope floors so they drain. Do not use slippery materials
for flooring.
NOTE: Paragraph (b) is effective April
1, 2009. Until then the old ratio of 1 to 15 applies.
(b) Provide at least one shower head
with hot and cold water under pressure for every 10 occupants or fraction thereof.
(A) Unisex shower rooms are
acceptable in the same ratios. They must have working locks and provide privacy.
(c) Separate common use bathing
facilities used for both sexes in the same building by a solid, non-absorbent wall
extending from the floor to the ceiling.
(d) Mark separate sex bathing
facilities, if provided, with “women” and “men” in English
and in the native language of employees expected to occupy the housing or with easily
understood pictures or symbols.
(10) Hand washing facilities.
NOTE: Paragraph (a) is effective April
1, 2009. Until then the old ratio of 1 to 15 applies.
(a) Provide at least one hand washing
sink or basin with hot and cold water under pressure for every 6 occupants or fraction
thereof. Each 24 linear inches of “trough” type sink with individual
faucets counts as one basin. When each living unit does not have hand washing facilities,
locate common use facilities either close to the toilet facilities or close to the
sleeping places.
(b) In common use facilities,
do not use a single common towel. If you provide paper towels, there must be a container
for their disposal.
(11) Laundry facilities.
NOTE: Paragraph (a) is effective April
1, 2009. Until then the old rule applies which reads: 437-004-1120(11)
(a) When public laundry and drying facilities
are not available within 5 miles, the housing must have readily accessible laundry
and drying facilities.
(b) Laundry facilities in
the housing area must have trays or tubs, plumbed with hot and cold water in the
ratio of 1 for each 25 occupants.
(c) Mechanical washers are
optional in the ratio of 1 to 50 occupants with one laundry tray per 100 occupants.
(d) Provide laundry trays,
tubs, or machines with plumbed hot and cold water in the combined ratio of 1 for
each 30 occupants or each part of 30.
(e) Provide clothes lines
or drying facilities to serve the needs of the occupants.
(f) Laundry rooms must have
drains to remove waste water.
(g) Each common use laundry
room must have a slop sink.
(12) Toilet facilities.
(a) Locate toilet facilities
in labor housing and related facilities within 200 feet from the living area that
they serve.
(b) Locate toilets, chemical
toilets, or urinals in rooms built for that purpose.
(c) Maintain a usable, unobstructed
path or walkway free of weeds, debris, holes or standing water from each living
area to the common use toilet facilities.
(d) Provide at least one
toilet for every 15 occupants or fraction thereof for each gender in the labor housing.
Toilets must assure privacy:
(A) If urinals are in the
toilet facility and where three or more toilets are required for men, one urinal
substitutes for one toilet (24 inches of trough-type urinal equals one urinal),
to a maximum of one-third of the total required toilets.
(B) Existing urinals must
be non-absorbent, non-corrosive materials that have a smooth and cleanable finish.
Urinals installed after the effective date of this standard must meet Oregon state
building code.
(C) If there are no common
use toilet facilities, calculate the required ratio without regard to gender.
(e) Clean common use toilet
facilities daily or more often when needed to maintain sanitation.
(f) Mark separate sex toilet
facilities, when provided, with “women” and “men” in English
and in the native language of employees expected to occupy the housing or with easily
understood pictures or symbols.
(g) Ventilate all labor housing
toilet rooms according to the Oregon state building code.
(h) Separate common use toilet
facilities used for both sexes in the same building by a solid, non-absorbent wall
extending from the floor to the ceiling.
(i) Install privacy partitions
between each individual toilet or toilet seat in multiple toilet facilities. The
partitions may be less than the height of the room walls:
(A) The top of the partition
must be not less than 6 feet from the floor and the bottom of the partition not
more than 1-foot from the floor. The width of the partition must extend at least
1 1/2 feet beyond the front of the toilet seat.
(B) Provide a door or curtain
so the toilet compartment is private.
(j) Provide common use toilet
facilities with toilet paper and holders or dispensers. Also provide disposal containers
with lids.
(k) Do not allow obstruction
of the path or access to a toilet room. If access is through another room, that
room must not be lockable.
(13) Portable toilets, chemical
toilets and privies.
(a) The location and construction
of privies must conform to Oregon Department of Environmental Quality standards.
(b) Privies must be at least
100 feet from any living area or any facility where food is prepared or served.
(c) Portable toilets and
privies must have adequate lighting.
(d) When in use, service
portable and chemical toilets at least weekly or often enough to keep them from
becoming a health hazard. Clean portable toilets, chemical toilets and privies at
least daily.
(14) Sewage disposal and
plumbing.
(a) Connect the sewer lines
from the labor housing and related facilities to a community sewer system, a septic
tank with subsurface disposal of the effluent, pit type privies or other sanitary
means conforming to Department of Environmental Quality standards.
(b) Install all plumbing
in labor housing and related facilities to comply with Department of Environmental
Quality standards and the Oregon state building code.
(15) Garbage and refuse disposal
outside of buildings.
NOTE: Recyclable material is not garbage
or refuse referred to in this section (15).
(a) Keep refuse and garbage containers
clean and in good repair.
(b) Provide at least one
30-gallon or larger container per 15 occupants. Containers must be inside the housing
site area and accessible to all occupants.
(c) Empty garbage bins and
dumpsters at least weekly during use, but always before they become a health hazard
or full enough to interfere with full closing of the lid.
(d) Empty common use cans
and portable containers into a bin or dumpster, when full or twice weekly whichever
is more frequent. Do not allow garbage on the ground.
(e) Keep all refuse and garbage
containers covered and the garbage storage area clean to control flies and rodents.
(f) Do not burn any food,
garbage or wet refuse.
(g) Dispose of garbage and
refuse according to Department of Environmental Quality standards that govern the
disposal of garbage, refuse and other solid wastes.
(16) Living areas.
(a) Keep all living areas,
safe and in good repair structurally and stable on their foundations. They must
provide shelter for the occupants against the elements and protect the occupants
from ground and surface water as well as rodents and insects.
(b) The walls and roof must
be tight and solid. Floors must be rigid and durable, with a smooth and cleanable
finish in good repair.
(c) For living areas without
a working permanent heating system or heaters, the ALH operator must supply portable
heaters at no cost to the occupant. These heaters must be capable of keeping the
temperature in the living area at a minimum of 68 degrees. Heaters must meet these
requirements:
(A) Operate by electricity
only.
(B) Have working safety devices
installed by the manufacturer for the particular type heater.
(C) Be in good working order
with no defects or alterations that make them unsafe.
(d) Permanently installed
solid fuel or gas fired heaters must meet the following:
(A) Install and vent any
stoves or other sources of heat that use combustible fuel to prevent fire hazards
and dangerous concentration of gases:
(i) Solid or liquid fuel
heaters or stoves installed on or before December 15, 1989, must sit on a concrete
slab, insulated metal sheet or other fire resistant material when used in a room
with wood or other combustible flooring. Extend it at least 18 inches beyond the
perimeter of the base of the stove.
(ii) Solid or liquid fuel
heaters or stoves must meet the manufacturer’s specifications and the Oregon
state building code in effect at the time of installation.
(B) Install fire resistant
material on any wall or ceiling within 18 inches of a solid or liquid fuel stove
or a stove pipe. Provide a vented metal collar around the stovepipe, or vent passing
through a wall, ceiling, floor or roof or combustible material.
(C) Heating systems with
automatic controls must cut off the fuel supply on failure or interruption of the
flame or ignition, or when they exceed a pre-determined safe temperature or pressure.
(D) All gas appliances and
gas piping must comply with the Oregon state building code in effect at time of
installation and the manufacturer’s instructions.
(E) Do not locate stoves
so they block escape from a sleeping place.
(e) Provide screens of at
least 16 mesh on the doors and windows of the living area. All screen doors must
be tight-fitting, in good repair, and self-closing.
(f) Provide beds, bunks or
cots for each occupant and suitable storage facilities, such as wall cabinets or
shelves, for each occupant or family unit.
(A) The camp operator must
provide a mattress or pad for each bed or bunk.
(i) If you provide foam pads,
they must be thicker than 2 inches.
(ii) Do not provide uncovered
foam pads.
(iii) Mattresses or pads
must not sit on the floor.
(iv) The sleeping surface
must be at least 12 inches above the floor.
(g) Mattresses or pads furnished
by the camp operator must be clean, in good repair, and free from insects and parasites.
(A) Fumigate mattresses or
pads, used uncovered, or treat with an effective insecticide before each season’s
occupancy. If you provide covers, clean them before each season’s occupancy.
(B) Store mattresses or pads
in a clean, dry place.
(h) Space the beds, bunks
or cots so that there is enough room to allow for rapid and safe exiting during
an emergency.
NOTE: Do not count children 2 years
old and younger when calculating square footage requirements in paragraphs (i),
(j), (k), and (l).
(i) In living areas built after August
1, 1975, where workers cook, live, and sleep, provide at least 100 square feet per
occupant.
(j) In living areas built
before August 1, 1975, where workers cook, live and sleep, provide at least 60 square
feet per occupant.
(k) Each sleeping room without
double bunk beds must have at least 50 square feet of floor space per employee.
Where there are double bunk beds, provide 40 square feet per occupant. Do not use
triple bunks.
(l) Beginning on January
1, 2018 all agricultural labor housing, where workers cook, live and sleep in the
same area, must provide 100 square feet per occupant.
(m) For units built after
April 3, 1980 at least one-half the required floor space in each living area must
have a minimum ceiling height of 7 feet. Floor space with a ceiling height less
than 5 feet does not count toward the minimum required floor space.
(n) Beginning on January
1, 2018 only areas with a 7 foot ceiling height will count toward the required square
footage of any living or sleeping area. Housing built or remodeled between January
26, 2009 and January 1, 2018 must have minimum 7 foot high ceilings for the space
to count toward any required square footage.
(o) Provide separate private
sleeping areas for unrelated persons of each sex and for each family unit.
NOTE: Paragraph (p) is effective April
1, 2009.
(p) Provide windows or skylights with
a total area equal to at least 10 percent of the required floor area. At least one-half
(nominal) the total required window or skylight area must be openable to the outside.
Adequate mechanical ventilation may substitute for openable window space. Not more
than one-half the required space can be met with skylights. Openable, screened windows
in doors count toward this requirement.
(q) Before occupancy clean
all living areas and eliminate any rodents, insects, and animal parasites.
(17) Fire protection.
(a) All fires must be in
equipment designed for that use. Do not allow open fires within 25 feet of structures.
(b) Each season, at the time
of initial occupancy, each living area must have a working approved smoke detector.
NOTE: The camp operator is not responsible
for daily maintenance of the detector or the actions of occupants that defeat its
function.
(c) Provide fire extinguishing equipment
in a readily accessible place, not more than 50 feet from each housing unit. The
equipment must provide protection equal to a 2A:10BC rated extinguisher.
NOTE: Hoses are acceptable substitutes
for extinguishers only if the water supply is constant and reliable. Hoses must
be immediately available for firefighting use.
(d) All living areas with more than
one room, built before December 15, 1989, with one door, must have, in addition
to a door, a window in each sleeping room that can be an exit in case of fire:
(A) This window must have
an openable space at least 24 inches by 24 inches, nominal.
(B) The lowest portion of
the opening must be less than 48 inches above the floor.
(C) This window must open
directly to the outdoors and be readily openable by the occupants from inside without
breaking the glass.
(D) Label the escape window
as an emergency exit.
(e) Living areas built on
or after December 15, 1989, must meet the requirements for emergency exits in applicable
rules of the Building Codes Division of the Oregon Department of Consumer and Business
Services, including the following:
(E) Required emergency exit
windows in sleeping rooms must have a clear net opening of at least 5.7 square feet,
minimum vertical opening of 22 inches and minimum horizontal opening of 20 inches.
NOTE: Construct and maintain all living
areas in labor housing and related facilities to comply with other applicable local
and state laws and regulations in effect at the time of construction or remodel.
(f) A second story must have at least
two exits when its occupant load is 10 or more. Comply with the Oregon state building
code.
(g) Occupants on floors above
the second story and in basements must have access to at least two separate exits
from the floor or basement as required by the Oregon state building code.
(18) Common use cooking and
eating facilities and equipment.
(a) When provided, common
use cooking or food preparation facilities or equipment must have the following:
(A) A gas or electric refrigerator,
capable of keeping food at or below 41 degrees F.
(B) A minimum equivalent
of two cooking burners for every 10 persons or part thereof, or 2 families, whichever
requires the most burners.
(i) If a gas or electric
hotplate or wood stove is within 18 inches of a wall, that wall must be made of
or finished with smooth cleanable, nonabsorbent, grease-resistant and fire-resistant
material.
NOTE: Labeled and listed appliances
are exempt from the 18-inch requirement when installed according to their listing.
(C) No liquid petroleum gas (LPG like
propane) tanks in use inside any occupied building. Outside tanks must connect to
appliances with lines approved for that purpose.
(D) Food storage shelves,
food preparation areas, food contact surfaces and floors in food preparation and
serving areas must be made of or finished with smooth, non-absorbent, cleanable
material; and
(E) A table and chairs or
equivalent seating and eating arrangements to accommodate the number of occupants
living in the sleeping place.
(b) Refrigerators and stoves
or hot plates must always be in working condition.
(c) Clean the facilities
and equipment before each occupancy.
(d) Common use kitchen and
dining areas must be separate from all sleeping quarters. There can be no direct
opening between kitchen or dining areas and any living or sleeping area.
(e) If the operator becomes
aware of or has reason to suspect that anybody preparing, cooking or serving food
has a communicable disease as listed in paragraph (22), the operator must bar them
from the cooking facility until the disease is no longer communicable.
(f) Buildings must have heating
capable of keeping the facility at 68 degrees or more during use.
(g) Facilities must be in
buildings or shelters. Doors, windows and openings, if any, must have screens of
16 mesh or smaller.
(19) Dining halls and equipment.
(a) When provided, dining
halls or equipment must have the following:
(A) A gas or electric refrigerator,
capable of keeping food at or below 41 degrees F.
(B) A minimum equivalent
of two cooking burners for every 10 persons or part thereof, 2 families, whichever
requires the most burners.
(i) If a gas or electric
hotplate or wood stove is within 18 inches of a wall, that wall must be made of
or finished with smooth cleanable, nonabsorbent, grease-resistant and fire resistant
material.
NOTE: Labeled and listed appliances
are exempt from the 18-inch requirement when installed according to their listing.
(C) No liquid petroleum gas (LPG like
propane) tanks in use inside any occupied building. Outside tanks must connect to
appliances with lines approved for that purpose.
(D) Food storage shelves,
food preparation areas, food contact surfaces and floors in food preparation and
serving areas must be made of or finished with smooth, non-absorbent, cleanable
material; and
(E) A table and chairs or
equivalent seating and eating arrangements to accommodate the number of occupants
living in the sleeping place.
(b) Refrigerators and stoves
or hot plates must always be in working condition.
(c) Clean the facilities
and equipment before each occupancy.
(d) Common use kitchen and
dining areas must be separate from all sleeping quarters. There can be no direct
opening between kitchen or dining areas and any living or sleeping area.
(e) If the operator becomes
aware of or has reason to suspect that anybody preparing, cooking or serving food
has a communicable disease as listed in paragraph (22), the operator must bar them
from the cooking facility until the disease is no longer communicable.
(f) Buildings must have heating
capable of keeping the facility at 68 degrees or more during use.
(g) The facility must comply
with the 2005 edition of the FDA Food Code.
NOTE: Follow Division 4, Agriculture
when it differs from the FDA Food Code. The code is available at: http://www.cfsan.fda.gov/~dms/foodcode.html
or contact the Oregon OSHA Resource Center at 800-922-2689 or in Salem 503-378-3272.
(h) Facilities must be in buildings
or shelters. Doors, windows and openings, if any, must have screens of 16 mesh or
smaller.
(20) Single unit cooking
facilities.
(a) When provided, single
unit cooking, eating and dining facilities or equipment must have the following:
(A) A gas or electric refrigerator,
capable of keeping food at or below 41 degrees F.
(B) A minimum equivalent
of two burners for cooking for every 10 persons or part thereof, or 2 families,
whichever requires the most burners.
(i) If a gas or electric
hotplate or wood stove is within 18 inches of a wall, that wall must be made of
or finished with smooth cleanable, nonabsorbent, grease-resistant and fire resistant
material.
NOTE: Labeled and listed appliances
are exempt from the 18-inch requirement when installed according to their listing.
(C) No liquid petroleum gas (LPG like
propane) tanks in use inside. Outside tanks must connect to appliances with lines
approved for that purpose.
(D) Food storage shelves,
food preparation areas, food contact surfaces and floors in food preparation and
serving areas made of or finished with smooth, non-absorbent, cleanable material.
(E) A table and chairs or
equivalent seating and eating arrangements to accommodate the number of occupants
living in the sleeping place.
(F) A refrigerator and stove
or hot plate in working condition.
(b) Clean the facilities
before each occupancy.
(21) First aid. OAR 437-004-1305,
Medical and First Aid, applies to all labor housing and related facilities. This
rule includes requirements for first aid supplies, an emergency medical plan and
a plan of communication.
NOTE: Division 4/K requires all employees
know about the first aid requirements and emergency medical plans. If employees’
native language is other than English, this must be taken into account in meeting
this requirement.
(22) Disease Reporting. The camp operator
must comply with OAR 333-018-0000, Who Must Report and 333-018-0015, What To Report
And When: 333-018-0000 Who Must Report.
(23) Each Health Care Provider
knowing of or attending a case or suspected case of any of the diseases, infections,
or conditions listed in OAR 333-018-0015 shall report such cases as specified. Where
no Health Care Provider is in attendance, any individual knowing of such a case
shall report in a similar manner. 333-018-0015 What to Report and When.
(24) Reportable diseases,
infections, microorganisms, and conditions, and the time frames within which they
must be reported are as follows:
(a) Immediately, day or night:
Bacillus anthracis (anthrax); Clostridium botulinum (botulism); Corynebacterium
diphtheriae (diphtheria); Severe Acute Respiratory Syndrome (SARS) and infection
by SARS-coronavirus; Yersinia pestis (plague); intoxication caused by marine microorganisms
or their byproducts (for example, paralytic shellfish poisoning, domoic acid intoxication,
ciguatera, scombroid); any known or suspected common-source Outbreaks; any Uncommon
Illness of Potential Public Health Significance.
(b) Within 24 hours (including
weekends and holidays): Haemophilus influenzae (any invasive disease; for laboratories,
any isolation or identification from a normally sterile site); measles (rubeola);
Neisseria meningitidis (any invasive disease; for laboratories, any isolation or
identification from a normally sterile site); Pesticide Poisoning; poliomyelitis;
rabies (human or animal); rubella; Vibrio (all species).
(c) Within one Local Public
Health Authority working day: Bordetella pertussis (pertussis); Borrelia (relapsing
fever, Lyme disease); Brucella (brucellosis); Campylobacter (campylobacteriosis);
Chlamydophila (Chlamydia) psittaci (psittacosis); Chlamydia trachomatis (chlamydiosis;
lymphogranuloma venereum); Clostridium tetani (tetanus); Coxiella burnetii (Q fever);
Creutzfeldt-Jakob disease and other transmissible spongiform encephalopathies; Cryptosporidium
(cryptosporidiosis); Cyclospora cayetanensis (cyclosporosis); Escherichia coli (Shiga-toxigenic,
including E. coli O157 and other serogroups); Francisella tularensis (tularemia);
Giardia (giardiasis); Haemophilus ducreyi (chancroid); hantavirus; hepatitis A;
hepatitis B (acute or chronic infection); hepatitis C; hepatitis D (delta); HIV
infection (does not apply to anonymous testing) and AIDS; Legionella (legionellosis);
Leptospira (leptospirosis); Listeria monocytogenes (listeriosis); mumps; Mycobacterium
tuberculosis and M. bovis (tuberculosis); Neisseria gonorrhoeae (gonococcal infections);
pelvic inflammatory disease (acute, non-gonococcal); Plasmodium (malaria); Rickettsia
(all species: Rocky Mountain spotted fever, typhus, others); Salmonella (salmonellosis,
including typhoid); Shigella (shigellosis); Taenia solium (including cysticercosis
and undifferentiated Taenia infections); Treponema pallidum (syphilis); Trichinella
(trichinosis); Yersinia (other than pestis); any infection that is typically arthropod
vector-borne (for example: Western equine encephalitis, Eastern equine encephalitis,
St. Louis encephalitis, dengue, West Nile fever, yellow fever, California encephalitis,
ehrlichiosis, babesiosis, Kyasanur Forest disease, Colorado tick fever, etc.); human
bites by any other mammal; CD4 cell count < 200/_l (mm3) or CD4 proportion
of total lymphocytes < 14%; hemolytic uremic syndrome.
(d) Within 7 days: Suspected
Lead Poisoning (for laboratories; this includes all blood lead tests performed on
persons with suspected lead poisoning).
(25) Access to ORS and OAR.
Those wishing access to any of the Oregon Revised Statutes (ORS) or Oregon Administrative
Rules (OAR) referenced here, may contact the Oregon OSHA Resource Center in Salem
or the nearest Oregon OSHA Field Office.
(26) Closure and alternative
housing:
(a) The operator of agricultural
labor housing must provide replacement lodging without charge to the occupants if
a government agency with the authority to enforce building, health or safety standards
declares the housing or facilities to be uninhabitable and orders them vacated.
(b) The operator must provide
replacement lodging for 7 consecutive days from the time the housing was closed
or until the closing agency allows the original housing to reopen, whichever is
shorter.
(c) Replacement lodging must
meet or exceed the health and safety standards of Oregon OSHA. Oregon OSHA must
approve the location of the replacement housing before employees are sent to it.
(d) Operators must arrange
for replacement lodging not later than the end of the day the original housing closes
or another date designated by the closing agency.
(e) Post the address of the
replacement housing:
(A) Not later than the end
of the day the original housing closes.
(B) In a place convenient
to affected workers.
(C) In all languages spoken
by the occupants.
(f) The posting in (e) above
must state that the replacement housing is free to occupants of the closed housing.
(g) The operator must give
Oregon OSHA a list of names of the occupants and the location of the replacement
housing, for each.
(h) When the cause of the
closure is beyond the control of the agricultural labor housing operator, sections
(a), (b), (c), (d), (e) and (g) above do not apply. To determine whether the cause
of closure was beyond the control of the operator, Oregon OSHA will consider these
circumstances, including but not limited to:
(A) Whether the cause of
the closure is a natural disaster;
(B) Whether the circumstances
leading to the closure were known or should have been known to the operator;
(C) Whether operator diligence
could have avoided the circumstances leading to the closure.
(i) Agricultural labor housing
occupants entitled to temporary replacement housing under this rule must accept
or reject that housing when the original housing closes. These rules do not obligate
operators to reimburse displaced occupants for housing they obtain without the operator’s
knowledge or consent.
(A) The operator is responsible
for replacement lodging only for as many people as occupied the original closed
housing. When an occupant rejects the replacement housing, the operator has no obligation
to reimburse that occupant for other replacement housing.
(j) Oregon OSHA may issue
a citation and assess a monetary penalty for violation of these rules as in ORS
654.071 and 654.086.
[ED. NOTE: Tables referenced are available
from the agency.]
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 5-2000, f. 5-18-00, cert. ef. 6-1-00; OSHA 4-2008, f. 3-24-08,
cert. ef. 4-1-08; OSHA 1-2009, f. & cert. ef. 1-26-09
437-004-1140
Lighting
General lighting.
(1) Provide adequate general
and local lighting in rooms, buildings and work areas.
(2) Methods for determining
the adequacy and effectiveness of lighting include:
(a) Measure the quantity
of light against requirements in the American National Standard ANSI A11.1-1965,
“American Standard Practice for Industrial Lighting.”
(b) The quality of light
as to freedom from glare and correct direction, diffusion and distribution.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-1150
Safety Colors for Marking Physical
Hazards
Color identification.
(1) Red. Use red as the basic
color to identify:
(a) Danger. Safety cans or
other portable containers of flammable liquids must be red with highly contrasting
markings. Provide red lights at barricades and at temporary obstructions. The main
or background color of danger signs must be red.
(b) Stop. Emergency stop
bars on hazardous machines must be red. Use red for emergency stop buttons or emergency
electrical switches with contrasting letters or other markings.
(2) Yellow. Yellow is the
basic color to signal caution and to mark physical hazards such as: Striking against,
stumbling, falling, tripping, and “caught between."
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-1180
Accident Prevention Signs
(1) Scope. This section applies to the
design, application and use of signs or symbols (as included in paragraphs (3) through
(5) below) to warn of specific hazards. This does not apply to bulletin boards or
safety posters.
(2) Definitions. Sign —
A surface marked to warn people of hazards, or to give safety instructions. Excluded
are news releases, safety posters and bulletins.
(3) Classification of signs
by use.
(a) Danger signs.
(A) Use signs of uniform
design to warn of specific dangers and radiation hazards.
(B) Instruct all employees
that danger signs warn of immediate danger and that special precautions are necessary.
(b) Caution signs.
(A) Use caution signs only
to warn of hazards or to caution against unsafe practices.
(B) Instruct all employees
that caution signs warn of a hazard against which they should take precautions.
(c) Safety instruction signs.
Use safety instruction signs for general instructions and suggestions about safety.
(4) Sign design.
(a) Design features. Use
signs with rounded or blunt corners and no sharp edges, burrs, splinters or other
sharp projections. Place the ends or heads of bolts or other fastening devices so
that they are not hazardous.
(b) Danger signs. The color
of the background must be red.
(c) Caution signs. The color
of the background must be yellow and the panel, black with yellow letters. Use black
letters against the yellow background.
(d) Safety instruction signs.
Use white for the background and make the panel green with white letters. Any letters
used against the white background must be black.
(e) Slow-moving vehicle emblem.
This emblem (see fig. 7) has a fluorescent yellow-orange triangle with a dark red
reflective border. The reflective border defines the shape of the fluorescent color
in daylight and creates a hollow red triangle in the path of motor vehicle headlights
at night.
(A) Use this emblem only
on vehicles that by design move at 25 m.p.h. or less on public roads. Do not use
it as a clearance marker for wide machinery to replace required lighting or marking
of slow-moving vehicles. The material, location, mounting, etc., of the emblem must
conform to the American Society of Agricultural Engineers Emblem for Identifying
Slow-Moving Vehicles, ASAE R276, 1967, or ASAE S276.2 (ANSI B114.1-1971). [Figure
not included. See ED. NOTE.]
(5) Sign wordings.
(a) Nature of wording. Use
wording on signs that is easily understandable.
(b) Biological hazard signs.
Use the biological hazard warning sign to warn of the actual or potential presence
of a biohazard. Use it to mark equipment, containers, rooms, materials, experimental
animals or combinations of them, that contain or are contaminated with viable hazardous
agents. For this subparagraph the term “biological hazard,” or “biohazard,”
means only those infectious agents presenting a risk or potential risk to the well-being
of humans.
NOTE: All dimensions are in inches.
[ED. NOTE: Figures referenced are available
from the agency.]
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-1250
Confined and Hazardous Spaces
(1) Definitions.
(a) Competent person is somebody
who can identify existing and predictable hazards and take measures to eliminate
them.
(b) Confined space is a space
that:
(A) Is large enough and so
configured that an employee can bodily enter and work; and
(B) Has limited or restricted
entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults,
and pits may have limited entry); and
(C) Is not designed for continuous
employee occupancy.
(c) Engulfment is the covering
of a person by a liquid or finely divided (flowable) solid substance that when inhaled
causes death or that can exert enough force on the body to cause death by strangulation,
constriction or crushing.
(d) Entry is passing through
an opening into a hazardous or confined space. Entry includes work in the space
and occurs when any part of the entrant’s body breaks the plane of an opening
into the space in a way that creates a hazard.
(e) IDLH Atmospheres. Atmospheres
immediately dangerous to life or health (IDLH) are those with less than 19.5 percent
oxygen by volume, or which because of the high toxicity of the contaminant, would
endanger the life of a person breathing them for even a short period of time.
(f) Oxygen-deficient is an
atmosphere with less than 19.5 percent oxygen by volume.
(2) Fuel bins.
(a) Fuel bins must have adequate
exits and all necessary devices to provide safety for employees who enter them.
(b) There may be sentry stations
or tunnels near the bottom conveyor for employees to use to stoke down congested
fuel through openings. Safely built pneumatic bottoms, mechanical agitators or scrapers
and similar devices are acceptable.
(3) Entering confined spaces.
(a) Test first. Always test
the atmosphere in a confined space before an employee places any part of their body
into it. Following the instructions below, test first for oxygen, then flammable
atmosphere then toxic atmosphere.
(b) Entry. No person will
enter or work in any confined space with an atmosphere immediately dangerous to
life or health, except under the following conditions:
(A) They must wear a supplied
air or self-contained air breathing apparatus;
(B) They must wear a safety
belt with lifeline attached, where practical. Another person, equipped as required
in subsection (3)(b)(A) above and with safety belt and lifeline attached, must be
at the opening with adequate help available to remove the person if necessary (see
(5), Rescue below);
(C) Failure of the person
within the enclosure to respond to agreed upon signals requires immediate rescue
action by a person or persons equipped as required in subsections (3)(b)(A) and
(B) above;
(D) Air supplied to hose
masks and positive pressure air helmets must be free from harmful dusts, fumes,
mists, vapors, or gases to the extent that breathing it does not constitute harmful
exposure. Position the air intake to the blower fan or compressor to prevent contamination
of the air by carbon monoxide or other hazardous materials or gases;
(E) Supplied air respiratory
equipment must have an automatic pressure relief valve, and connect through a pressure
reduction valve in the supply line. Maximum allowable pressure, unless otherwise
specifically approved, is 25 pounds per square inch;
(F) To assure safety when
using positive-pressure air respiratory equipment, a minimum volume of air delivered
to the user must be at least 4 cubic feet of air per minute for a face mask and
6 cubic feet of air per minute for hoods or helmets.
(c) Oxygen-deficient atmospheres.
The atmosphere in a sealed or unventilated confined space is considered immediately
dangerous to life or health. Nobody will enter such space unless:
(A) All requirements for
safety equipment and procedures in (3)(b) above are met; or
(B) A competent person tests
the atmosphere with an oxygen indicator or other suitable device immediately before
entry to ensure that it contains enough oxygen to sustain life; or
(C) Until mechanical ventilation
provides at least one complete change of uncontaminated air immediately before entry
and continues while anybody is inside the enclosure. A safety watcher meeting the
requirements in (3)(b) above must be at the entry.
(d) Toxic atmospheres. Nobody
will enter any sealed or unventilated tank or other confined space that contains
or has contained toxic materials or gases, unless:
(A) All requirements for
safety equipment and safety procedures in (3)(b) above are met, or a competent person
tests the atmosphere with an appropriate instrument or method and finds it to have
contaminants below the threshold limit values of the particular material or gas.
(B) If the atmosphere has
concentrations of hazardous contaminants not immediately dangerous to life or health,
but above the threshold limit values for the toxic material, the person entering
the space must wear respiratory protective equipment approved by the National Institute
of Occupational Safety and Health, or recommended by the U.S. Department of Agriculture
for the exposure.
(e) Flammable or explosive
atmospheres. The atmosphere in any sealed or unventilated tank or other confined
space and that contains or has contained combustible or flammable materials or gases
is an atmosphere immediately dangerous to life or health.
(A) Nobody must enter such
space unless all requirements for safety equipment and safety procedures in (3)(b)
above are met or atmosphere tests by a competent person using an appropriate instrument
or method shows no flammable or explosive atmosphere is present.
(B) If the atmosphere contains
flammable or explosive vapors at or above 20 percent of their lower explosive limit,
ventilate the space enough to bring the level below 20 percent of the lower explosive
limit. Otherwise only persons meeting the requirements of (c) above may enter the
enclosure for emergency work, including preparatory work or work to set up equipment
to eliminate the gas.
(f) Ventilation. Natural
and/or mechanical ventilation must maintain the atmosphere within the limits permissible
for explosive or toxic materials and gases while employees are in the space.
(g) Residues and other sources.
When there could be a release of explosive or toxic materials from residues or other
sources in a confined space, there must be additional testing as necessary to assure
the atmosphere has not become immediately dangerous to life or health. If such conditions
arise, immediately leave the contaminated space until the atmosphere is safe for
persons wearing respiratory protective equipment.
(h) Physical hazards. Do
not allow employees to enter confined spaces that contains physical hazards, until
you comply with OAR 437-004-1275.
(i) Engulfment. Do not allow
employees to enter confined spaces where there is a hazard from engulfment by collapsing
material.
(j) Lifeline and attendant.
When entering confined spaces that have loose material (such as chips, sand, grain,
gravel, sawdust, etc.) you must wear a safety belt with lifeline. There must be
an attendant for the lifeline.
(k) Lockout/tagout. Follow
the procedures of OAR 437-004-1275, for intake pipelines that convey hazardous substances
into confined spaces before workers enter. Blinds, if used, must clearly show whether
the line is open or closed. Close, lock and attach warning tags to valves in such
lines nearest the containers. Blinding or lockout of cold water and air lines is
not necessary if they have positive control valves near the container and you lock,
close and tag the valves.
(4) Training.
(a) Train all workers before
they do anything covered by this section. Retrain workers when there are changes
in their duties or the spaces related to this section.
(b) Training must cover all
hazards associated with the employer’s confined and hazardous spaces.
(c) Training must cover this
standard and all duties associated with it.
(d) Keep written documentation
of all training until it is superseded by new training.
(5) Rescue.
(a) These requirements apply
to employers who have employees enter confined spaces to rescue people.
(A) You must give each rescuer
the personal protective equipment and rescue equipment necessary to make rescues
from hazardous spaces. You must also provide training on the proper use of that
equipment.
(B) Train each rescuer in
basic first aid and in cardiopulmonary resuscitation (CPR). At least one rescuer
with current certification in first aid and in CPR must be available.
(b) When employers arrange
to have persons other than their own employees do confined space rescue, the employer
must:
(A) Inform the rescue service
of the hazards they may confront during the rescue at the host employer’s
facility; and
(B) Provide the rescue service
with access to all confined spaces from which rescue may be necessary so that the
rescue service can develop appropriate rescue plans and practice rescue operations.
(c) To accomplish non-entry
rescue, attach the other end of the retrieval line to a mechanical device or fixed
point outside the hazardous space in a way that rescue can begin as soon as the
rescuer becomes aware that rescue is necessary.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-1260
Manure Lagoons, Storage Ponds, Vats,
Pits and Separators
(1) Scope. This applies to facilities
not covered by confined space rules. (Examples include pole buildings used to store
compost material or manure lagoons and separators.)
(2) General.
(a) Do not enter any vat,
pit, separator or other hazardous area where the atmosphere may be immediately dangerous
to life unless:
(A) Tests by a competent
person, immediately before entry, prove it free of toxic gases and with enough oxygen
to sustain life; or
(B) Mechanical or natural
ventilation provides at least one complete change of uncontaminated air immediately
before entry and continues during enclosure occupancy; or
(C) The person entering the
area is using a properly functioning supplied air or self-contained breathing apparatus,
and is closely supervised by a safety watcher with similar equipment, at the entrance.
They must have adequate help to remove the person if necessary.
(b) Vats and pits that have
hazardous materials, manure or that are more than 4' deep, must meet one of the
following requirements:
(A) A cover or grating must
be in place and strong enough to safely support imposed loads; or
(B) The edges must extend
at least 42 inches above the adjacent floor level; or
(C) There is a standard guardrail.
(D) Where vehicles operate
near vats or pits the railing must be strong enough to keep them out, or there must
be a curb or shear rail that keeps the vehicle out.
(c) Manure lagoons or earthen
manure storage ponds must have:
(A) Curbs, shear rails or
other barriers where vehicles or equipment operate near enough to drive or roll
into the lagoon.
(B) Standard guardrails or
other protection where employees work over the contents or near enough to the edge
to fall into the lagoon.
(C) Cables or chains that
connect a vehicle to an adequate anchorage and are short enough to prevent the vehicle
from rolling into the lagoon are acceptable.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-1275
The Control of Hazardous Energy
(Lockout/Tagout)
(1) Scope. This standard covers work
on machines, vehicles and equipment when the unexpected energizing or starting of
them, or release of stored energy could injure employees.
(2) Application.
(a) This standard applies
to the control of energy during servicing and/or maintenance of machines and equipment.
(b) It does not cover normal
production operations. It covers servicing and/or maintenance that takes place during
normal production operations only if:
(A) An employee must remove
or bypass a guard or other safety device; or
(B) An employee must place
any part of the body where they do work on the material being processed (point of
operation) or where a danger zone exists.
(c) It does not cover routine,
repetitive minor tool changes, adjustments and other minor servicing activities,
done during normal operations, if they are necessary to the use of the equipment
and if the workers use alternative methods that provide effective protection.
(d) This standard does not
apply to work on electric powered equipment, when unplugging it would control the
hazard and the employee doing the work controls the plug totally. It also does not
apply to work on vehicles when the person doing the work has the ignition key under
their exclusive control and there are no other sources of hazardous energy that
could be released without the key.
(3) Program requirement.
Employers must establish an energy control program and use its procedures for putting
appropriate lockout or tagout devices on energy isolating devices. They must disable
machines or equipment to prevent injury to employees.
(4) Definitions.
(a) Affected employee. One
who operates a machine or equipment during service or maintenance under lockout
or tagout. Also, those who work near where covered servicing or maintenance is done.
(b) Authorized person. One
who locks out or tags out machines or equipment to service or maintain them. An
affected employee becomes an authorized person when they do service or maintenance
covered here.
(c) Energized. Connected
to an energy source or containing residual or stored energy.
(d) Energy isolating device.
A mechanical device that physically prevents the transmission or release of energy.
Examples: A manual circuit breaker; a switch; a manual switch that disconnects the
conductors of a circuit from all ungrounded supply conductors and where employees
can operate no pole independently; a line valve; a block; and any similar device
used to block or isolate energy. Push buttons, selector switches and other control
circuit type devices are not energy isolating devices.
(e) Energy source. Any source
of electrical, mechanical, hydraulic, pneumatic, chemical, thermal, gravity or other
energy.
(f) Lockable. An energy isolating
device with its own lock or with a hasp or other way to attach a lock. Other energy
isolating devices are lockable if they can be locked without being dismantled, rebuilt
or replaced or permanently altering their energy control capability.
(g) Lockout. The use of a
lockout device on an energy isolating device, according to an established procedure
to ensure that the controlled equipment is not operable until an authorized person
removes the lockout device.
(h) Lockout device. Something
that uses a positive means such as a lock, to hold an energy isolating device in
a safe position. Included are blank flanges and bolted slip blinds.
(i) Normal operations. A
machine or equipment doing its intended function.
(j) Servicing and/or maintenance.
Constructing, installing, setting up, adjusting, inspecting, modifying, and maintaining
and/or servicing machines or equipment. This includes removing jams, lubrication
or cleaning of machines or equipment and making adjustments or tool changes, where
the process may expose the employee to the unexpected energizing or starting of
the equipment or release of hazardous energy.
(k) Setting up. Any work
done to prepare a machine or equipment for operation.
(l) Tagout. The placement
of a tagout device on an energy isolating device, according to an established procedure,
warning employees not to operate the energy isolating device and the equipment being
controlled until an authorized person removes the tagout device.
(m) Tagout device. A prominent
warning device, such as a tag and a secure, sturdy means of attachment to an energy
isolating device according an established procedure. The tag must warn employees
not to operate the energy isolating device and the equipment being controlled until
an authorized person removes the tagout device.
(5) General.
(a) Energy control program.
Before doing any servicing or maintenance the employer must have a written energy
control program with specific procedures, employee training and periodic reviews.
It must ensure isolation of the equipment from the energy source and make it inoperative
in a way to prevent injury.
(b) Lockout/tagout.
(A) If an energy isolating
device is not lockable, the energy control program must use a tagout system that
provides as much employee protection as is possible.
(B) If the energy isolating
device is lockable, the energy control program must use lockout.
(C) Major repair, renovation
or modification of a machine or equipment or installation of new machines or equipment
requires new energy isolating device(s) to be lockable.
(c) Employee protection.
(A) When using a tagout device
on a lockable energy isolating device, attach the tagout device where you would
have put the lockout device.
(B) Full compliance with
all parts of this standard related to tagout is necessary to assure the highest
safety levels. Additional steps that help provide high employee protection include
the removal of an isolating circuit element, blocking of a controlling switch, opening
of an extra disconnecting device or the removal of a valve handle.
(d) Energy control procedure.
(A) Develop, document and
use procedures for the control of potentially hazardous energy when employees are
doing work covered by this section.
NOTE: Documenting the required procedure
for a particular machine or equipment is not necessary when all of the following
are true:
(1) The machine or equipment has
no potential for stored or residual dangerous energy or accumulation of stored dangerous
energy after shut down;
(2) The machine or equipment has
an easily identified and isolated single energy source;
(3) The isolation and locking out
of that energy source will eliminate all energy-related hazards;
(4) The machine or equipment is
isolated from that energy source and locked out during servicing or maintenance;
(5) A single lockout device will
achieve a locked-out condition;
(6) The lockout device is under
the exclusive control of the authorized person doing the servicing or maintenance;
(7) The servicing or maintenance
does not create hazards for other employees; and
(8) No accidents have happened
that involve the unexpected activation or energizing of the machine or equipment
during servicing or maintenance done under this exception.
(B) The procedures must specifically
outline the scope, purpose, authorization, rules and methods that are mandatory
for the control of hazardous energy. They must also include a way to enforce compliance
including, but not limited to, the following:
(i) A specific statement
of the intended use of the procedure;
(ii) Specific procedural
steps for shutting down, isolating, blocking and securing machines or equipment
to control hazardous energy;
(iii) Specific procedural
steps for the placement, removal and transfer of lockout or tagout devices and the
responsibility for them; and
(iv) Specific requirements
for testing a machine or equipment to verify the effectiveness of lockout devices,
tagout devices and other energy control measures.
(e) Protective materials
and hardware.
(A) Each employee’s
lock must have either a key or combination that is unique to that device.
(B) The employer must provide
the necessary locks and/or hardware to do all required lockout/tagout functions.
(C) Individually identify
each lockout and tagout device. They must be the only devices used for controlling
energy. Do not use devices meant for the lockout program for other purposes. They
must meet the following requirements:
(i) Durable.
(I) Lockout and tagout devices
must withstand their environment.
(II) Make tagout devices
so that exposure to weather conditions or wet and damp locations will not cause
them to deteriorate or the message on them to become illegible.
(III) Tags must not deteriorate
in corrosive environments such as where you handle or store acid and alkali chemicals.
(ii) Standardized. Use lockout
and tagout devices whose appearance is uniform within the facility and easily recognized.
(iii) Substantial.
(I) Lockout devices. Lockout
devices must be sturdy enough to prevent removal without the use of excessive force
or unusual methods or tools.
(II) Tagout devices. Tagout
devices and their means of attachment, must be sturdy enough to prevent inadvertent
or accidental removal. The attachment means must be single use and self-locking.
(iv) Identifiable. Lockout
and tagout devices must show the identity of the employee who applied them.
(D) On energized machines
or equipment, tagout devices must warn against hazardous conditions and must include
a phrase like: Do Not Start, Do Not Open, Do Not Close, Do Not Energize, Do Not
Operate.
(f) Annual Review.
(A) Do a review of the energy
control program at least annually to ensure that it meets the requirements of this
standard and employees are following it.
(i) An authorized person
must do the review.
(ii) Correct problems found
during the review.
(iii) For a lockout program,
the review must include a personal review, between the inspector and each authorized
person, of that employee’s responsibilities under the program.
(iv) For a tagout program,
the review must include a personal review, between the inspector and each authorized
and affected employee, of that employee’s responsibilities under the program.
(B) Document these reviews
in writing with the identity of the machine or equipment covered by the program,
the date of the review, the employees included in the review, and the person doing
it.
(g) Training and communication.
(A) Provide general training
that includes the following:
(i) Train authorized persons
in the recognition of sources of hazardous energy, the type and amount of energy
found in their workplace and the methods of energy isolation and control.
(ii) Instruct affected employees
in the purpose and use of the energy control program.
(iii) Instruct other employees
who work or may work where there may be energy control procedures, about those procedures
and about the prohibition against attempts to restart or energize locked out or
tagged out machines or equipment.
(B) For tagout systems, provide
the following additional training:
(i) Locks are physical restraints
while tags are only warning devices that provide less protection than locks.
(ii) Do not remove a tag
attached to an energy isolating means, without authorization of the authorized person
responsible for it. Never bypass, ignore or otherwise defeat a tagout device.
(iii) Tags must be legible
and understandable by all employees whose work operations are or may be in the area.
(iv) Tags may cause a false
sense of security. Understanding their meaning must be part of the overall energy
control program.
(v) Securely attach tags
to energy isolating devices so that they cannot be inadvertently or accidentally
detached.
(C) Employee retraining.
(i) Retrain employees when
a change in their job assignment, a change in machines, equipment or processes present
a new hazard or when the program changes.
(ii) Retrain employees when
a review shows or the employer has reason to believe, that there are problems in
the employees’ knowledge or use of the program.
(D) Document the employee
training in writing with each employee’s name and date(s) of training.
(h) Energy isolation. Authorized
persons doing the servicing or maintenance must do the lockout or tagout.
(i) Notification of employees.
Notify affected employees of the application and removal of lockout or tagout devices
before applying the controls and after removing them from the machine or equipment.
(6) Application of control.
The established procedures for the application of energy control (the lockout or
tagout program) must cover the following points in the following sequence:
(a) Preparation for shutdown.
Before an authorized or affected employee turns off a machine or equipment, they
must know the type and amount of the involved energy, the hazards of the energy
and the method to control it.
(b) Machine or equipment
shutdown. Turn off the machine or equipment using the procedures established for
it. Do an orderly shutdown to avoid new or increased hazards because of the equipment
stoppage.
(c) Machine or equipment
isolation. All energy isolating devices must be physically placed and used in ways
that isolate the machine or equipment from the energy source(s).
(d) Lockout or tagout device
application.
(A) Only authorized persons
are to connect lockout or tagout devices to each energy isolating device.
(B) Connect lockout devices
in a way that will hold the energy isolating devices in a “safe” or
“off” position.
(C) Connect tagout devices
in a way that will positively prevent operation or movement of energy isolating
devices from the “safe” or “off” position. Directly connect
the tag to the energy isolating device, otherwise it must be as close to the device
as safely possible and obvious to anyone attempting to operate the device.
(e) Stored energy.
(A) After the application
of lockout or tagout devices, relieve or make safe all potentially hazardous stored
or residual energy.
(B) If stored energy can
again reach a hazardous level, continuously verify its isolation until the servicing
or maintenance is done or until the possibility is gone.
(f) Verification of isolation.
Before starting work on locked out or tagged out machines or equipment, the authorized
person must verify that isolation and de-energizing of the machine or equipment
has been done.
(7) Release from lockout
or tagout. The authorized person(s) must follow procedures and take actions to guarantee
the following before removing lockout or tagout devices and restoring energy to
the machine or equipment:
(a) The machine or equipment.
Remove non-essential items from the work area and confirm the return of the machine
or equipment to pre-lockout or normal running condition.
(b) Employees.
(A) Check the work area to
ensure that all employees are safe or removed from the area.
(B) Notify affected employees
after removing the lockout or tagout devices but before starting the machine or
equipment.
(c) Lockout or tagout devices
removal. Only the employee who applies it can remove a lockout or tagout device.
However, when that employee is not available, the employer may direct its removal
if specific procedures and training for such removal are a part of the employer’s
energy control program. The employer must show that the specific procedure is as
safe as removal by the authorized person who applied it. The specific procedure
must include at least the following:
(A) Verification by the employer
that the authorized person who applied the device is not at the facility;
(B) Attempting to contact
the authorized person to inform him or her about the removal of their lockout or
tagout device; and
(C) Ensuring that the authorized
person has this knowledge before he or she resumes work at that facility.
(8) Additional requirements.
(a) Testing or positioning
of machines, equipment or components thereof. Follow this sequence of actions when
it is necessary temporarily to remove lockout or tagout devices and energize the
machine or equipment. This must only be done for testing or positioning the machine,
equipment or component of it.
(A) Clear the machine or
equipment of tools and materials;
(B) Remove employees from
the machine or equipment area;
(C) Remove the lockout or
tagout devices;
(D) Energize and go on with
testing or positioning;
(E) Remove energy from all
systems and reapply original energy control measures to continue the servicing and/or
maintenance.
(b) Outside personnel (contractors,
etc.).
(A) If outside servicing
personnel are doing things covered by this standard, the on-site employer and the
outside employer must coordinate their respective lockout or tagout procedures.
(B) The on-site employer
must be certain that its employees understand and comply with the provisions of
the outside employer’s energy control program.
(c) Group lockout or tagout.
(A) When a crew, craft, department
or other group does service or maintenance, they must use a procedure that gives
employees a level of protection equal to that provided by using a personal lockout
or tagout device.
(B) Use group lockout or
tagout devices according to OAR 437-004-1275(4)(d) including, but not limited to,
these requirements:
(i) Primary responsibility
is with an authorized person for a set number of employees working under the protection
of a group lockout or tagout device (such as an operations lock);
(ii) The authorized person
must know the exposure status of individual group members with regard to the lockout
or tagout of the machine or equipment and
(iii) When work involves
more than one crew, craft, department, etc., assignment of overall job-associated
lockout or tagout control responsibility to an authorized person designated to coordinate
affected work forces and ensure continuity of protection; and
(iv) Each authorized person
must put a personal lockout or tagout device on the group lockout device, group
lockbox, or comparable mechanism when they begin work, and must remove those devices
when they stop working on the machine or equipment.
(d) Shift or personnel changes.
Have specific procedures for shift or personnel changes to ensure the continuity
of lockout or tagout protection. These must include the orderly transfer of lockout
or tagout device protection between leaving and arriving employees. The procedure
must minimize exposure to hazards related to the ongoing process.
NOTE: The following Appendix is a non-mandatory
guideline to help employers and employees comply with the requirements.
[ED. NOTE: Appendices referenced are
available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
Division 4/K, Medical/First Aid
437-004-1305
Medical Services and First Aid
(1) Definitions.
Emergency medical service is care by a medically
trained person such as in a hospital, clinic, ambulance or rescue vehicle.
Qualified first aid person has
evidence to show valid first-aid and CPR training within the last two years.
(2) First aid supplies.
(a) Provide first-aid supplies
based on the types of injuries that could occur at the place of employment. The
first-aid supplies must be immediately available to all workers on all shifts when
needed. Do not lock up or otherwise restrict access to first-aid supplies.
(b) Protect first-aid supplies
from damage, deterioration, or contamination. Clearly mark containers. First-aid
containers may be sealed to protect the contents from contamination.
NOTE: Supplies such as nitrile gloves
and a mouth barrier device are personal protective equipment covered by Division
4/I, Personal Protective Equipment.
(3) Medical treatment and services.
Emergency medical services for injured or sick employees must be available and summoned
in time to give appropriate treatment for the circumstances.
NOTE: These services can be by outside
sources such as the local 911 response system or by employees who are qualified
first-aid persons.
(4) Emergency medical plan.
(a) Determine the appropriate
type of medical service for each place of employment. You must do a survey and develop
an emergency medical plan. You must evaluate these areas:
(A) Determine the types of
injuries and illnesses that are likely to occur at the worksite.
(B) Contact the local emergency
response system and get information about their ability to handle these types of
emergencies and their response time. Consider things such as nearness of the responding
teams, traffic, equipment, average response times, and whether the system is staffed
by volunteers or full-time people.
(C) Based on this information,
decide whether the local response system can handle your situation or whether you
need your own qualified first-aid persons.
(D) Train all employees about
the medical plan and their responsibilities during an emergency.
(b) If the local response
system is adequate, then the minimum emergency medical plan must contain the emergency
phone number and emergency action instructions for employees in case of an injury
or illness. Post this emergency medical plan where employees gather or are most
likely to read it.
(c) If the response system
is not adequate to handle your potential injuries or illnesses, then your plan must
also contain clear and specific emergency action instructions for employees in case
of injury or illness. The plan of action must have:
(A) The names, locations,
and phone numbers of people trained and authorized to give first aid and other treatment.
(B) Any special instructions
about communications like two-way radios, telephones or other provisions for emergency
communication to contact the emergency medical services.
(C) A plan for transportation
to the ambulance or nearest suitable medical facility.
(5) Emergency eyewash, shower
equipment, or both.
(a) Based on the hazard,
provide employees with an emergency eyewash, shower, or both to decontaminate themselves
when one of the following applies:
(A) Employees use a chemical
substance that can cause corrosion or permanent tissue damage to the eyes or when
areas of the body may be exposed to quantities of materials that are either corrosive
or toxic by skin absorption.
(B) Employees handle pesticide
products labeled Danger or Danger/Poison, and with a first-aid section on the label
that requires rinsing for 15-20 minutes for eye or skin exposure.
NOTE: OAR 437-004-1305(5) does not
apply to eye flushing supplies required for early entry workers covered under 170.112(c)(8)
or agriculture field workers covered under 170.150 of the pesticide Worker Protection
Standard in Division 4, Subdivision W.
(b) Emergency eyewashes or showers,
whether plumbed potable water systems or self-contained units, must meet the following
requirements:
(A) Locate it so exposed
employees can reach it and begin treatment in 10 seconds or less. The path must
be unobstructed and cannot require the opening of doors or passage through obstacles
unless other employees are always present to help the exposed employee.
(B) Install the equipment
according to the manufacturer’s instructions.
(C) Valves must stay open
once activated, without the use of hands.
(D) Follow manufacturer’s
instructions for use and inspection.
(E) Fluid quality and temperature
must be appropriate for the anticipated types of decontamination treatment.
(F) Flow and pressure must
provide the needed treatment without risking injury to the employee.
(G) If the eyewash or shower
could freeze, take protective measures to prevent this from occurring.
(c) If the product label
or material safety data sheet requires specific decontaminaants or procedures, you
must provide them in addition to the eyewash or shower. Certain substances like
acids, chlorine and anhydrous ammonia require special treatment.
NOTE: ANSI Z358 has information about
the performance requirements for eyewashes and showers.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06; OSHA 4-2010, f. 7-8-10,
cert. ef. 1-1-11
Fire
437-004-1430
Sources of Fire
(1) Definitions. These terms are used
in Subdivision 4/L Fire:
(a) Closed container —
A container sealed with a lid or other device that prevents the loss of liquid or
vapor at ordinary temperatures.
(b) Combustible — A
substance or material that is able or likely to catch fire and burn.
(c) Explosive — something
capable of causing damage to the surroundings by chemical reaction.
(d) Flammable — Something
capable of being easily ignited, burning intensely or having a rapid rate of flame
spread.
(e) Flammable liquids —
are liquids having a flash point at or below 199.4 degrees F. (93 degrees C.) As
defined in the globally harmonized system of classification and labeling (GHS) adopted
in OSHA’s Hazard Communication Standard, flammable liquids are divided into
four categories.
NOTE: Examples of some common flammable
liquids are:
Category 1: Diethyl ether (solvent
sometimes used in starting fluid).
Category 2: Gasoline (Benzene,
Ethanol).
Category 3: Kerosene, Stoddard
Solvent.
Category 4: Diesel fuel, Naphthalene.
NOTE: Additional information
can be found in Division 4/B, 437-004-0100 Universal Definitions.
(2) Store combustible waste material,
including oily rags in covered metal receptacles.
(3) If using electric lights,
equipment, and wiring where there may be flammable or explosive gases, vapors, mists,
dust or fibers they must comply with the State Electrical Specialty Code.
NOTE: See additional electrical requirements
in Division 4/S, OAR 437-004-3075 Agricultural Buildings with Special Hazards.
(4) Locate internal combustion engines
so that there is a clearance of at least 6 inches between exhausts and exhaust piping
and combustible material.
(5) Do not allow smoking,
open flames, the use of spark-producing devices or tools not approved for use in
such areas, and other sources of ignition:
(a) In fueling areas.
(b) When servicing fuel systems
for internal combustion engines.
(c) When receiving or dispensing
flammable liquids.
(d) Where using flammable
liquids.
(e) Where storing flammable
liquids.
(f) Areas that may have flammable
or explosive gases, vapors, mists, dust, fibers or flyings.
NOTES: Other sources of ignition include
cutting and welding; grinding hot surfaces; frictional heat; static, electrical
and mechanical sparks; spontaneous ignition including heat producing chemical reactions;
and radiant heat. There are more detailed standards for: The use and storage of
flammable liquids in 4/H, OAR 437-004-0720; The use of liquefied petroleum gas (LPG)
in 4/H, OAR 437-004-0780 and 437-004-0790; The prevention of fire prevention standards
for welding operations are in 4/Q, OAR 437-004-2310.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 3-2014, f. & cert. ef. 8-8-14
437-004-1440
Required Postings
Post signs reading, “No Smoking
or Open Flame,” in all areas:
(1) For fueling;
(2) For receiving or dispensing
flammable or liquids;
(3) For use or storage of
flammable liquids; or
(4) Where there may be flammable
or explosive gases, vapors, mists, dust, fibers or flyings.
NOTE: Signs reading “FLAMMABLE
— KEEP FIRE AWAY” will also be in compliance with this rule.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 3-2014, f. & cert. ef. 8-8-14
437-004-1450
Extinguishers
NOTE: The Oregon Office of State Fire
Marshal and local fire authorities also have rules that apply to portable fire extinguishers.
(1) Provide the class of fire extinguishers
designed for use on the class of fire potential in the work area.
NOTE: To make it easy to use the right
extinguisher, the NFPA 10 Extinguisher Standard uses the following system of classification:
Class A: Fires of ordinary combustible materials (such as wood, cloth, paper, rubber,
and many plastics) requiring the heat-absorbing (cooling) effects of water, water
solutions or the coating effects of certain dry chemicals that retard burning. Class
B: Fires of flammable liquids, flammable gases, grease and similar materials where
extinguishment is best done by excluding air (oxygen), inhibiting the release of
combustible vapors or interrupting the combustion chain reaction. Class C: Fires
of energized electrical equipment where safety to the operator requires the use
of electrically nonconductive extinguishing agents. (Note: For nonenergized electrical
equipment, Class A or B extinguishers may be best.) Class D: Fires of certain combustible
metals, such as magnesium, titanium, zirconium, sodium, potassium, etc., requiring
a heat-absorbing extinguishing medium not reactive with the burning metals.
(2) Original labels and marking on extinguishers
must remain attached and legible.
(3) Mount fire extinguishers
on hangers, brackets, in cabinets or on shelves. The maximum height of the top of
the extinguisher above the floor is: [Table not included. See ED. NOTE.]
(4) Do not obstruct fire
extinguishers. They must be in plain sight or clearly mark their location.
(5) Paths to and space in
front of fire extinguishers must be clear and free from obstruction.
(6) Inspect fire extinguishers
yearly or more often as needed to keep them usable and fully charged.
(7) Do not use fire extinguishers
with carbon tetrachloride, chlorobromomethane or other toxic vaporizing fluids.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 3-2014, f. & cert. ef. 8-8-14
437-004-1460
Fire Prevention Plan
(1) The plan must be in writing, be
kept in the workplace, and be available to employees. Employers with 10 or fewer
permanent, year-around workers may have a verbal plan.
(2) The fire prevention plan
must include at least these parts:
(a) Procedures to control
accumulations of flammable or combustible waste materials;
(b) Procedures for regular
maintenance of safeguards installed on heat producing equipment to prevent accidental
ignition of combustible materials;
(c) Procedures for reporting
possible fire producing situations.
(3) The employer must:
(a) Inform employees of the
fire hazards in their work areas; and
(b) Review with each employee,
new to a job, those parts of the fire prevention plan necessary for protection.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 3-2014, f. & cert. ef. 8-8-14
437-004-1470
Employee Equipment and Training
(1) If workers are expected or required
to fight fires, their level of training and the fire fighting equipment they use
must be adequate for the level of fire fighting involvement expected or required
by the employer.
(2) The employer must provide
all needed equipment and training at no cost to employees and be in compliance with
Division 2/L, OAR 437-002-0182 Oregon Rules for Fire Fighters; 1910.155 Fire Protection;
and 1910.156 Fire Brigades.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06; OSHA 3-2014, f. &
cert. ef. 8-8-14
Compressed Gases
437-004-1505
Air Receivers and Pressure Systems
(1) Application. This section applies
to compressed air receivers and other equipment making and using compressed air
or gas. This section does not apply to the use of compressed air to move materials
nor to work in compressed air as in tunnels and caissons. It also does not apply
to compressed air machinery and equipment used on transportation vehicles.
(2) General requirements.
New and existing equipment.
(a) Construct all new air
receivers installed after the effective date of these regulations according to the
1995 edition of the A.S.M.E. Boiler and Pressure Vessel Code Section VIII.
(b) Construct, install and
maintain all safety valves according to the A.S.M.E. Boiler and Pressure Vessel
Code, Section VIII Edition 1995.
(3) Installation and equipment
requirements.
(a) Installation. Install
air receivers so that all drains, hand holes and manholes are easily accessible.
Do not bury an air receiver underground or put it in an inaccessible place.
(b) Drains and traps. Install
a drain pipe and valve at the lowest point of every air receiver to provide for
the removal of accumulated oil and water. Adequate automatic traps are acceptable
besides drain valves. To prevent excessive amounts of liquid in the receiver, open
the drain valve and drain the receiver completely as often as needed.
(c) Gages and valves.
(A) Every air receiver must
have an indicating pressure gage that is visible and with one or more spring-loaded
safety valves. These valves together must prevent pressure from exceeding the maximum
allowable working pressure by more than 10 percent.
(B) No valve of any type
must be between the air receiver and its safety valve or valves.
(C) Construct and place safety
and control devices so that people cannot defeat them and are protected from the
elements.
(D) Test all safety valves
frequently to find out if they are in good operating condition.
(4) Compressed air —
general.
(a) Never use compressed
air or gas to clean clothing that is being worn. Never direct compressed air or
gas at a person.
(b) Do not use compressed
air for cleaning unless:
(A) It is reduced at the
source to less than 30 p.s.i. and then only with effective chip guarding and personal
protective equipment; or
(B) The outlet device or
nozzle reduces end pressure to less than 30 p.s.i. when dead-ended or placed against
an object, then only with effective chip guarding and personal protective equipment.
(c) All hose connections
must be secure and maintained to be safe. Do not allow the hose to begin whipping.
NOTE: See 4/P, OAR 437-004-2230
for standards about using tools run by compressed air.
(5) Piping systems.
(a) All piping systems and
their component parts that carry air, steam or other material at more than atmospheric
pressure must safely withstand pressures to be placed upon them.
(b) To be acceptable for
pressure line service with gaseous substances, non-metallic pipe must have its manufacturer’s
recommendation and listing for compressed air or gas service. Only use PVC pipe
for compressed air if you bury or encase it.
(6) High temperature piping.
High temperature is 140° fahrenheit or higher.
(a) Cover all steam and other
high temperature pipe lines within 7 feet of the floor or work platform or passageway
with non-combustible insulating material or otherwise protect it against accidental
contact with persons.
(b) All steam hose connections
must be secure and maintained to be safe. Do not allow the hose to begin whipping.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-1525
Boilers and Steam Systems
NOTE: The Oregon Building Codes
Agency (Boiler and Pressure Vessel Section) is the authority for Boilers and Pressure
Vessels as defined in Oregon Boiler Pressure Vessel Law, ORS 480.510.
(1) All boilers and pressure vessels
must meet minimum standards of design and operation in the Oregon Boiler and Pressure
Vessel Safety Law.
(2) Permanently mark each
control valve, not at the pressure vessel, with its source and function.
(3) Relief valve exhaust
systems must withstand the forces involved. Their discharge must not endanger workers.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
Materials Handling
437-004-1610
General Requirements
(1) Material storage.
(a) Storage of material must
not create a hazard. Stack, block or interlock stored items and limit their height
so that they are stable and secure from sliding or collapse.
(b) Storage areas must be
free from accumulated materials that are tripping, fire or explosion hazards.
(c) Pile foundations must
support maximum loads without sinking, sagging, or tipping.
(d) Storage of toxic, flammable,
radioactive, or irritating substances must comply with other appropriate parts of
the Oregon Occupational Safety and Health Code.
(e) Where mechanical handling
equipment is in use, there must be safe clearance in aisles, at loading docks, through
doorways and where turns are made. Aisles and passageways must be clear and in good
repair.
(f) Workers must not be under
or near elevated loads and moving material unless they have adequate protection.
(g) Block or crib loads suspended
in slings or supported by hoists, jacks, or other devices, before allowing workers
to be underneath them.
(h) Do not drop or throw
material from an elevation to other people.
(i) Use tag lines or guide
ropes when manual control is needed over swinging loads.
(j) Load pallet boards, and
trays so that the material is stable.
(k) Stored material must
not obstruct lights and fire extinguishing equipment, including sprinklers, aisles,
exits, or electrical control panels.
(l) When storing materials
that could cause hazardous reactions, segregate and mark them with appropriate warning
signs.
(2) Stacks and piles.
(a) All material stacks and
piles must be on level and solid supports and be stable.
(b) Use binding strips or
cross ties when needed to stabilize stacks and piles.
(3) Bricks and blocks.
(a) Brick stacks must not
be more than 7 feet high. When a loose brick stack reaches a height of 4 feet, cross
tie it and taper it back 2 inches for every foot of height more than 4-foot.
(b) When stacking masonry
blocks more than 6 feet high, cross tie and taper them back one-half block per tier
above the 6-foot level.
(4) Lumber.
(a) Remove all nails from
used lumber before stacking it.
(b) Lumber stacks must be
no more than 1-1/2 times higher than the smallest dimension of the base.
(5) Bagged materials.
(a) Stack bagged materials
by stepping back the layers and cross keying the bags at least every 10 bags high.
NOTE: This requirement does not
apply if pallets stabilize the stack of bagged materials.
(b) When removing bags from a pile,
keep the pile stable.
(6) Pipe and bar stock. Take
pipe and bar stock from the ends of unsecured piles not from the side.
(7) Drums, rolls, cylindrical
objects.
(a) Barrels, drums, large
pipe, rolls of paper, and other cylindrical objects piled on their sides must have
blocks to hold the bottom row. Separators between rows of the pile, must have blocks
at each end.
(b) There must be spacing
strips between bundles.
(8) Equipment design and
construction.
(a) All equipment, structures,
and accessories used for handling or storing materials must comply with sound engineering
practices and the specifications and recommendations of the manufacturer. They must
support the loads acting on them in addition to their own dead loads. Allow for
wind, impact, erection and any special loadings that may occur. No combination of
these loads may cause a stress on any part that exceeds the allowable stress for
that part.
(b) Do not exceed equipment
manufacturer’s recommended safe load capacities.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-1630
Conveyors
(1) Controls.
(a) The operator’s
station must have a way to quickly stop the motor or engine.
(b) If the operator’s
station is remote from the power source, there must be a way to quickly stop the
system at the motor or engine and at the operator’s station.
(2) Backstops and brakes.
Inclined conveyors, where reversing or running away is a hazard, must have anti-runaway,
backstop devices, or suitable guards.
(3) Loading, transfer and
discharge points.
(a) Conveyor loading, transfer
and discharge points must have a way to guard workers from injury by moving material.
(b) The area around all loading
and unloading points must be clear of obstructions.
(4) Guards.
(a) Screw conveyors must
have guards to prevent contact with turning flights.
(b) Where a conveyor passes
over a work area, aisles or thoroughfares, there must be guards to prevent material
from falling.
(c) Return sections of conveyors
less than 7 feet above passageways and work areas, must have guards.
(d) Comply with subdivision
4/O, OAR 437-004-1910, Machine Guarding, for guarding conveyor drive mechanisms
and power driven parts.
(e) Input conveyors for chippers,
burners, furnaces, or other dangerous machines must have guards to prevent workers
from falling into the conveyor. If the machine operation does not allow complete
guarding of the opening, the worker must wear a life belt tied off to a lifeline.
(f) Workers must not walk
across or step over conveyors except on bridges or walkways.
(5) Portable conveyors.
(a) Portable conveyors must
be stable at all operating ranges and must have devices or be blocked to prevent
unintended movement.
(b) Portable electric conveyors
must be grounded. Wiring, switches, and elecrical connections outside and exposed
to the weather must be weatherproof and dustproof.
(6) Riding prohibited. Workers
must not ride on a conveyor.
(7) Ramps, skids, rollways.
(a) Where the person putting
material down a chute, ramp, skid, or rollway does not have a clear view of a lower
landing where workers might be, there must be a working automatic warning device.
(b) If there is no warning
device as required in (8)(a) above, fence off or barricade the underside of the
chute, ramp, skid, rollway or landing and mark it with warning signs.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-1670
Automotive Hoists
(1) Automotive hoists elevated with
a load to a position that is a hazard, must be supported by a safety device capable
of preventing descent if the lift fails.
(2) Use the lifts according
to the manufacturer’s recommendations and those of ANSI B153.1-1990.
(3) Place vehicles on lifts
according to the manufacturer’s recommendations.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-1680
Storage of Hazardous Chemicals
(1) Store hazardous chemicals:
(a) Separately, to prevent
hazardous reactions. Label storage areas by category to prevent the mixing of incompatible
types of chemicals. (Examples of categories include: flammable liquids, acids, bases
oxidizers.)
(b) In conformance with manufacturer’s
instructions on the label or Safety Data Sheet (SDS) to prevent conditions that
could adversely affect container integrity or product stability.
(c) Separate from food and
personal items to prevent contamination.
(d) Separate from sources
of ignition. In locations where flammable vapors may be present, take precautions
to prevent fires by eliminating or controlling sources of ignition.
NOTES: Division 4/L, 437-004-1440,
requires that signs reading “No Smoking or Open Flame” or “FLAMMABLE
— KEEP FIRE AWAY” be posted in areas where flammable liquids are received,
stored or dispensed. Chemical storage areas should comply with appropriate state
and local fire codes. Identify chemical storage buildings with a sign in accordance
with NFPA 704. Examples of ignition sources include open flames; smoking; cutting
and welding activities; hot surfaces and radiant heat; frictional heat; static,
electrical, and mechanical sparks; and, chemical and physical/chemical reactions.
(2) Ventilate storage areas, as needed
to keep air contaminants below 25 percent of the lower explosive limit (LEL).
NOTE: Permissible exposure limits (PELs)
for substances listed in 4/Z, OAR 437-004-9000, Air Contaminants, also apply.
(3) Provide natural or artificial lighting
equal to 20 foot-candles for safe entry into the storage area and to permit identification
of chemical containers.
(4) Storage, handling, and
removal of hazardous chemical containers must not cause hazards to workers.
NOTES: Other Division 4 rules with
requirements that may apply to chemical storage areas include: 4/H: OAR 437-004-0720
Flammable Liquids. 4/H: OAR 437-004-0950 Hazardous Waste Operations and Emergency
Response, when employees are required to cleanup certain emergency chemical spills.
4/K: OAR 437-004-1305(5) Emergency eyewashes and shower equipment, if required for
emergency decontamination. 4/L, Fire: OAR 437-004-1430 through 1470, when storing
or dispensing flammable liquids. 4/N: OAR 437-004-1610 General Requirements. 4/S,
Electricity: OAR 437-004-2810 through 437-004-3075.
(5) The following additional requirements
apply where storing Restricted Use Pesticides:
NOTE: Restricted Use Pesticides (RUPs)
are a category of pesticide products that pose a higher risk to people, animals,
or the environment. They can only be purchased by and used under the supervision
of a person with a pesticide license.
(a) Lock the storage area to prevent
access by unauthorized persons.
(b) Provide separate sections
within the storage area for each category of pesticide product. (Examples include:
insecticides, herbicides, fungicides, fumigants.) Label these areas by general category.
NOTE: The goal of separation is to
prevent hazards to employees caused by the mixing of incompatible chemicals and
the contamination of one type of product, or storage surface with a more toxic product
due to a leak or spill.
(c) Floors and shelves must be constructed
of a chemically-resistant material; or coated, sealed, or provided with secondary
containment that prevents the absorption of the hazardous chemicals.
(d) When the storage area
contains enough chemical that a leak or spill could cause the material to leave
the confines of the building, there must be sufficient containment or other means
to contain any leaks or spills within the storage area.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 3-2014, f. & cert. ef. 8-8-14
437-004-1700
Forklifts and Other Powered Industrial
Trucks
(1) General requirements.
(a) This section has safety
requirements for the maintenance and use of fork trucks, forklifts, platform lift
trucks, motorized hand trucks, and other specialized industrial trucks used in agriculture.
These are considered vehicles and additional standards are found in Division 4/U.
This does not apply to compressed air or non-flammable compressed gas-operated industrial
trucks, nor to agricultural vehicles defined elsewhere in this standard, nor to
vehicles intended primarily for earth moving or over-the-road hauling.
(b) Modifications and additions
that affect capacity and safe operation must have the manufacturer’s prior
written approval. Change the capacity, operation and maintenance instruction plates,
tags or decals to reflect any changes to the vehicle.
(c) If the truck has front-end
attachments not installed by the factory, the truck markings must identify the attachments
and show the approximate weight of the truck and attachment combination at maximum
elevation with the load laterally centered.
(d) Keep nameplates and markings
in place and legible.
(2) Safety guards.
(a) Overhead guards.
(A) If a lift truck operator
could be struck by falling, or stacked objects, the truck must have an overhead
guard. The guard must be strong enough to support impact load tests in Table
1:
(B) Guards that pass the
test must have a metal tag permanently attached to the canopy where reading it from
the ground is easy. This tag must show the impact test load, in foot-pounds to which
similar guards have been tested.
NOTE: Guards required by (2)(a)(A)
through (C), or by the following rules, do not have to withstand the impact of a
capacity load falling from any height.
(C) Untested guards must be made of
material in Table 2 or material of equivalent strength or stronger.
(D) The construction of canopy
guards built to comply with (C) above presumes four upright members. Guards with
less than four upright members must be equally strong.
(i) Canopy type overhead
guard frames must have structural rigidity.
(ii) All guard mountings
or attaching brackets must provide adequate support to the upright members of the
canopy type overhead guard.
(iii) Cantilever overhead
guards must be of equivalent strength.
(E) Guards must not interfere
with good visibility. Openings in the top must not be more than 6 inches in one
of their two dimensions. Guards must be large enough to extend over the operator
under all normal circumstances of operation, including forward tilt.
(i) If the mast-tilting mechanism
fails, the overhead guard must not injure the operator.
(ii) There must be at least
39 inches of clear vertical space between the operator’s seat when depressed
and the underside of the guard. There must be at least 74 inches of clear vertical
space between the platform for standing operators and the underside of the guard.
NOTE: Where overall height of truck
with forks in lowered position is limited by head room conditions and there is insufficient
space for vertical clearance or for the operator to assume a normal driving position,
normal overhead guard heights may be reduced, or the overhead guard may be omitted.
The height and stability of stacks of piled material, the weight of individual units
handled, and the operating space available must provide reasonable safety for the
operator if removing the overhead guard is necessary.
(b) Back rest. Lift trucks that handle
small objects or loose units must have a vertical load back rest.
(A) It must be strong enough
to prevent the load or any part of it from falling toward the operator.
(B) It must not interfere
with good visibility.
(C) Size of openings must
not be more than 6 inches in one dimension.
(c) Shear point guards. Shear
points on forklift loaders and similar type vehicles must have guards.
(3) Fuel handling and storage.
(a) Store and handle liquid
fuels according to 4/H, OAR 437-004-0720.
(b) Store and handle liquefied
petroleum gas fuel according to 4/H, OAR 437-004-0780.
(4) Changing and charging
storage batteries.
(a) Battery chargers must
be in areas that are safe for that purpose.
(b) There must be facilities
for flushing and neutralizing spilled electrolyte, for fire protection, for protecting
charging apparatus from damage and for adequate ventilation.
(c) Use a conveyor, overhead
hoist or equivalent material handling equipment to handle large batteries that power
electric forklifts.
(d) Use only a carboy tilter
or siphon to handle electrolyte.
(e) Pour acid into water
not water into acid when servicing batteries.
(f) Set truck brakes before
changing or charging batteries.
(g) Vent caps must function
and the battery compartment cover(s) must be open to dissipate heat.
(h) There must be no smoking
in the charging area.
(i) Prevent open flames,
sparks, or electric arcs in battery charging areas.
(j) Keep tools and other
metallic objects away from the top of uncovered batteries.
(5) Lighting for operating
areas. Where general lighting is too dim, the vehicle must have its own directional
lighting.
(6) Dockboards (bridge plates).
See 4/D, OAR 437-004-0390(1).
(7) Trucks.
(a) Set the brakes on trucks
or chock the rear wheels to prevent them from rolling while they are boarded with
powered industrial trucks.
(b) Use nose jacks when necessary
to support a semitrailer and prevent a nose dive during the loading or unloading.
(8) Operator training.
(a) Develop and use a training
program for operators of powered industrial trucks. The employer or an outside training
entity may give the training. It must contain at least the following:
(A) A study and test portion
covering at least the rules in this standard, the information provided by the manufacturer
for operation of the equipment and any special information dictated by the operating
environment.
(B) A behind-the-wheel driving
portion, supervised by a person competent in the operation of the particular equipment
and familiar with the area and circumstances of its use.
(C) Tailor both parts to
the specific type of equipment, the material being handled and the location of its
use.
(b) Only fully trained workers
may operate powered industrial trucks, except those under direct supervision as
part of the behind-the-wheel training program.
(c) Conduct refresher training
for drivers annually or when their driving record indicates the need for additional
training, whichever is more frequent.
(d) Employers may not consider
a new worker trained and qualified based on experience from a previous employer
unless the previous experience was on the same type of equipment under substantially
the same operating circumstances and the worker had a safe operating record acceptable
to the new employer.
(9) Truck operations.
(a) Do not drive a powered
industrial truck up to anyone standing in front of a fixed object.
(b) Do not stand or pass
under the elevated part of a powered industrial truck.
(c) Only the operator may
ride on a powered industrial truck unless it has a second seat or area intended
for another rider.
(d) Do not put any part of
the body between or reach through the uprights of the mast or outside the running
lines of the truck.
(A) Fully lower the forks
or platform on an unattended powered industrial truck. Also, neutralize the controls,
turn off the power, and set the brakes. Block the wheels if it is on an incline.
(B) Unattended is when the
operator is 25 feet or more away but vehicle remains in view or anytime the vehicle
is not in view.
(C) When the operator gets
off the truck but is within 25 feet and can still see it, the forks or platform
must be down, the controls in neutral and the brakes set, unless loading or unloading
items to or from the forks or platform.
(f) Keep a safe distance
from the edge of ramps or platforms while on an elevated dock, platform or freight
car.
(g) Whenever a truck has
vertical only, or vertical and horizontal controls that elevate with the lifting
carriage or forks for lifting personnel, do the following:
(A) Use a safety platform
secured to the lifting carriage and/or forks.
(B) Have a way for people
on the platform to shut off power to the truck.
(C) Provide protection from
falling objects as necessary by the operating conditions.
(h) When using a forklift
to lift people, take the following precautions:
(A) Use a platform with standard
guardrails secured to the lifting carriage or forks.
(B) The hydraulic system
must not be able to drop faster than 135 feet per minute if any part of the system
fails.
(C) Someone must be in the
operator’s station while workers are on the platform.
(D) Someone must be in the
normal operating position while raising or lowering the platform.
(E) Other than very slow
inching, do not move the truck from point-to-point with the platform raised more
than 4 feet while workers are on it.
(F) There must be a guard
on the area between the platform and the mast to prevent contact with chains or
other shear points.
(10) Traveling.
(a) Climb or descend grades
slowly.
(A) Drive loaded trucks with
the load upgrade if the incline is steep enough to spill the load.
(B) Tilt the load back and
raise the forks or platform only as far as necessary to clear the road surface.
(b) Drive only as fast as
conditions permit, leaving enough time to stop.
(c) Slow down on wet and
slippery surfaces.
(d) Do not run over loose
objects.
(11) Loading.
(a) Do not handle loads heavier
than the rated capacity of the truck.
(b) Treat trucks with attachments
as partially loaded trucks when not handling a load.
(c) The forks or platform
must be under the load as far as possible and the mast tilted backward to stabilize
the load.
(d) Do not tilt forward with
forks or platform elevated except to pick up a load. Do not tilt an elevated load
forward except when it is in a deposit position over a rack, chute or stack. When
stacking or tiering, use only enough backward tilt to stabilize the load.
(12) Maintenance of powered
industrial trucks.
(a) If a powered industrial
truck needs repair, take it out of service until repairs are done.
(b) Do not add fuel while
the engine is running.
(c) Clean up spilled oil
or fuel or allow it to completely evaporate before restarting the engine. Do not
use the vehicle without the fuel filler cap in place.
(d) Do not use a flame to
check the electrolyte level in batteries or the level in fuel tanks.
(e) Only authorized persons
may repair powered industrial trucks.
(f) Disconnect the battery
before working on the electrical system.
(g) Use only replacement
parts that assure equivalent safety as the originals.
(h) Do not change the relative
positions of parts from what they were when the vehicle was made. Do not remove
parts except as in (l) below. Do not add counter weighting to fork trucks without
approval by the manufacturer.
(i) Check powered industrial
trucks daily before using them. Do not use them if any condition is found that adversely
affects the vehicle’s safety.
(j) Remove from service any
vehicle that gives off hazardous sparks or flames.
(k) Keep powered industrial
trucks clean, free of lint, excess oil, and grease. Clean the trucks with noncombustible
cleaners. Do not use low flash point (below 100 degrees F.) solvents. Follow the
directions on the cleaner’s label.
(l) You may convert powered
industrial trucks from gasoline to liquefied petroleum gas fuel if the converted
truck complies with the specifications for LP or LPG trucks. Use only approved conversion
equipment.
(13) Control of gases and
fumes. Take effective measures to keep the concentration levels of carbon monoxide
gas created by powered industrial trucks below the levels in 4/Z, OAR 437-004-9000.
(14) ROPS requirements. Rollover
protective structures are covered in 4/U, OAR 437-004-3650.
[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 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06
437-004-1750
Helicopters
(1) Scope. This applies to the use of
helicopters to harvest ornamental trees.
(2) Briefing. You must hold
a briefing before each day’s work that covers the safety and communication
procedures for the pilot and ground personnel.
(3) Flight path. There must
be an established flight path from the pick up point. All employees in the area
must know this path before lifting the first load from a new job site or when there
is a change in procedures.
(4) Area under the flight
path. Equipment or employees must not occupy the area under the flight path during
helicopter flight.
(5) Drop zone — where.
A pilot and responsible supervisor must establish the location of the drop zone,
decking areas, loading areas, and designated safety zones, taking into consideration
current operating conditions. Notify all workers on the landing when a change in
operating procedures is necessary.
(6) Drop zone — how
big. The landing drop zone must be large enough to handle all incoming bundles of
trees without crowding the landing crew.
(7) Under the load of helicopter.
Workers must never be under the load or the helicopter except one person to hook
up or unhook the load. Workers may approach the load to pull the rigging only after
the helicopter leaves the area above the landing.
(8) Landing. Landings must
have minimal slope for drainage in the drop zone and decking area to prevent bundles
from rolling.
(9) Approach. The approach
to the landing must be as clear as possible.
(10) Loads. Loads must be
properly slung. Tag lines must be short enough to prevent their being drawn up into
the rotors. On freely suspended loads, you must use pressed sleeves, swedged eyes
or equivalent means to prevent hand splices from spinning open or cable clamps from
loosening.
(11) Electric cargo hooks.
All electrically operated cargo hooks must have an electrical activating device
that prevents inadvertent operation. They must also have an emergency mechanical
control for releasing the load. A competent person must test the hooks before each
day’s operation to assure that the release functions properly, both electrically
and mechanically.
(12) Hardhats. Workers must
wear hardhats secured with chin straps, eye protection and other personal protective
equipment when in the load receiving area.
NOTE: See Division 4/I for specific
requirements about Personal Protective Equipment.
(13) Clothing. Workers must not wear
loose-fitting clothing that could flap in rotor downwash and snag on the hoist line.
(14) Flying objects. Take
all necessary precautions to protect employees from flying objects in the rotor
downwash. Secure or remove all loose gear within 100 feet of the pickup or landing
area.
(15) Hook approach. There
must be a safe way for employees to reach the hoist line hook and engage or disengage
cargo slings.
(16) Rubber gloves. Workers
must wear rubber gloves when handling suspended lines or they must use a grounding
device to discharge static charges before touching the load.
(17) Weight limit. The weight
of lifted loads must not exceed the helicopter manufacturer’s rating.
(18) Limited visibility.
The employer must ensure that when there is limited visibility because of dust or
other conditions workers use special caution to keep clear of main and stabilizing
rotors. The employer must also take precautions to eliminate, as far as practical,
the dust or other conditions reducing visibility.
(19) Signal systems. The
employer must instruct the aircrew and ground personnel on the signal systems in
use and must review the system with the employees before flight operations begin.
This applies to both radio and hand signal systems.
(20) Approach limit. Do not
allow workers to approach within 50 feet of the helicopter when the rotor blades
are turning, unless work duties require their presence in that area.
(21) Stay in view. Require
employees who must approach the helicopter when blades are rotating to approach
or leave in full view of the pilot and stay in a crouched position. Do not allow
workers to be in the area from the cockpit or cabin rearward while blades are rotating.
(22) Communication. There
must be constant reliable communication between the pilot and a designated member
of the ground crew in the pickup and landing area. The designated member must be
clearly distinguishable from other ground personnel.
(23) Fire. There must be
no open fires where they could be spread by the rotor downwash.
(24) Fueling. Helicopter
fueling areas must be separate from all other operations.
(a) Refueling of any type
helicopter with aviation gasoline or Jet B (Turbine) type fuel must never be allowed
while the engine is running.
(b) Refuel helicopters that
use Jet A (turbine kerosene) type fuel with engines running only if these criteria
are met:
(A) No unauthorized employees
are within fifty (50) feet of the operation or equipment; and
(B) Fire extinguishers are
available and have a combined rating of at least 16A:160BC.
(c) Train employees in the
refueling operation and the use of the available fire extinguishing equipment.
(d) There must be no smoking,
open flames, exposed flame heaters, flare pots or open flame lights within fifty
(50) feet of the fueling area or fueling equipment. The fueling area must be posted
with “NO SMOKING” signs.
EXCEPTION: Aircraft pre-heaters are
exempt. However, do not fuel while the heaters are in operation.
(e) Before refueling, ground the fueling
equipment and the helicopter and electrically bond the fueling nozzle to the helicopter.
Using conductive hose does not accomplish this bonding. All grounding and bonding
connections must be electrically and mechanically firm to clean unpainted metal
parts.
(f) Pump fuel only by hand
or power, do not pour or use gravity flow. Nozzles must be self-closing or have
deadman controls and must not be blocked open. Do not drag nozzles on the ground.
(g) In case of a spill, immediately
stop fueling until the person in charge determines that it is safe to resume the
operation.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-1805
Rope, Chain, Rigging, and Hoists
(1) Scope. These are standards for the
safe use of hoists, rope, chain, and fittings.
(2) Definitions.
(a) Mousing — Using
small cordage or wire to prevent unintended separation of rigging components.
(b) Rope — Wire rope
unless otherwise specified.
(3) Loading and capacity.
Do not load any rigging equipment or hoisting device more than its rated safe working
load or capacity.
(4) Inspection. Inspect rigging
and hoisting devices before use and as necessary during use to ensure safety. Immediately
remove from service defective rigging or hoisting devices.
(5) Operators — handling
loads.
(a) Workers must not ride
hooks, slings, rigging, or loads. Suspend or elevate a person only when using a
safe personnel lift.
(b) Personnel lift must meet
these requirements:
(A) The structure must be
rigid and strong enough to support loads with a safety factor of 4 times the intended
load.
(B) The personnel lift must
be big enough to accommodate all persons without crowding, and to provide sufficient
work space so workers will not hinder or obstruct each other.
(C) There must be standard
guardrails on all sides of the personnel lift. (See 4/D, OAR 437-004-0320(6) for
guardrail design specifications.)
(D) The personnel lift must
have supports on all four corners that provide full stability against tipping while
occupied.
(E) Secure the load lifting
attachment for the personnel lift to the crane or derrick hook in a way that will
prevent accidental release.
(c) Only one person will
give operating signals during hoisting operations.
EXCEPTION: In an emergency, anyone
may give a “stop” signal; such signal must be obeyed.
(d) All persons must be in the clear
before a signal is given to move a load or equipment.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-1825
Tackle and Hoisting Equipment
(1) Blocks, sheaves, shackles and drums.
(a) Use only sheaves and
drums with diameters recommended by the wire rope manufacturer for the size rope.
(b) Secure all pins, including
bearing and yoke pins, of all blocks against accidental displacement.
(c) Fit all blocks with line
guards or design and use them in a way that prevents fouling.
(d) Sheaves carrying ropes
that can be momentarily unloaded must have close-fitting guards or other suitable
devices to guide the rope back into the groove when the load is applied again.
(e) Secure pins for all shackles
used to hang blocks, jacks, or rigging, or that have hoisting chain, with a bolt,
nut and cotter pin (safety-type shackle) or a screw pin with cotter pin, or they
must be securely moused.
(f) Shackles used to hang
blocks, jacks, or other rigging that can experience stress greater than that imposed
by a single part of the pulling line must have a strength equal to but not less
than two times the stress imposed by the pulling line.
(g) All shackles used for
joining or attaching lines must have a strength of not less than 1-1/2 times that
of the lines they join.
(h) Use clamps, socketing
or other equal ways to securely fasten ends of lines attached to drums. Always keep
at least two wraps of lines on drums.
(i) Do not guide lines onto
drums with your hands in direct contact with the line. Use a guide pulley, tool,
stick or other mechanical means to guide lines onto drums.
(2) Chains.
(a) Repair or remove from
use hoisting chain when the increase in length (stretch) of the measured section
exceeds 5%; or when there is a bent, twisted, or otherwise damaged link, or when
raised scarfs or defective welds appear.
(b) Do not tie knots in a
chain.
(c) Do not use lap links,
cold shuts, or patent repair links for hoist chains or slings unless they are stronger
than the chain.
(d) End fastenings must be
capable of sustained loads equal to the breaking strength of the chain.
(3) Hooks and attachment
devices.
(a) Remove from service any
distorted or deformed hooks, rings, shackles, and other attachment devices or end
fastenings.
(b) Do not use makeshift
hooks, links, or fasteners such as those formed from rods, bolts, etc., or other
such devices. Use only approved factory-made attachments or fasteners.
(c) When necessary to prevent
lifting attachments from inadvertently lifting out of the hook, use a safety-type
hook or other device.
(4) Wire rope.
(a) Wire rope and replacement
wire rope must be the same size, same or better grade, and same construction as
originally furnished by the equipment manufacturer or contemplated in the design,
unless otherwise recommended by the equipment or wire rope manufacturer.
(b) Guard running wire ropes
if they are within 7 feet of the floor or platform.
(c) Prevent friction of ropes
with other objects that will cause chafing or breaking wires. Use thimbles of proper
size for the rope in all eye-splices to prevent friction and chafing of the eye.
(d) Remove from use wire
rope used as guys, for hoisting or supporting objects, in cable-operated components,
and on winches or drums, when any of the following exist:
(A) In standing ropes, more
than two broken wires in one lay in sections beyond end connections or more than
one broken wire at an end connection.
(B) Corroded, damaged, or
improperly aligned end connections.
(C) Evidence of any heat
damage from any cause.
(D) Wear of 1/3 the original
diameter of outside individual wires. Kinking, crushing, bird caging, or any other
damage resulting in distortion of the rope structure.
(E) Reductions from nominal
diameter exceeding those in Table 1. [Table not included. See ED. NOTE.]
(5) Cable clips or clamps.
(a) When using cable clips
or clamps for form eyes, apply the U-bolt so that the “U” section contacts
the dead end of the rope.
(b) When using U-bolt rope
clips for form eyes, use Table 2 to figure the number and spacing of clips. [Table
not included. See ED. NOTE.]
(c) The use of cable clips
or clamps is acceptable only where they are readily accessible and subject to frequent
inspection. Clips and clamps must be the correct size and properly applied. (See
(5)(a) and (5)(b) above.)
(d) Do not use cable clips
or clamps for joining lines except where transferring slack lines from one place
to another.
(e) Do not use knots or combination
knots and cable clip or clamp attachments as end connections for any hoisting rope
or sling.
EXCEPTION: This rule does not apply
to drop hammers of pile drivers.
(6) Fiber rope.
(a) Inspect fiber rope frequently.
Do not use rope that shows visual signs of excessive wear, abuse, spots indicating
caustic or acid damage, or other defect that would reduce the rated strength below
the safe working load.
NOTE: The following procedure is recommended
for inspection of rope:
(1) Examine the entire length of
the rope for cuts or severe abrasions.
(2) Look for spots indicating acid
damage.
(3) If there are acid spots, throw
a twist in and out of the rope where the spots are; take a short kink in the rope
and put on a strain. If the rope has acid damage, you will notice a weakness of
the fibers.
(b) In manila rope, eye splices must
have at least 3 full tucks, and short splices must have at least 6 full tucks (3
on each side of the centerline of the splice).
(c) In layered synthetic
fiber rope, eye splices must have at least 4 full tucks, and short splices at least
8 full tucks (Four on each side of the centerline of the splice).
(d) In fiber rope splices,
do not trim strand end tails short (flush with the surface of the rope) immediately
adjacent to the full tucks. This precaution applies to both eye and short splices
and all types of fiber rope.
(e) For all eye splices in
fiber rope, the eye must be big enough to provide an included angle not more than
60° at the splice when the eye is over the load or support.
(f) Do not use knots instead
of splices for joining fiber ropes.
(g) When not in use, store
fiber rope under cover in a clean, dry, well-ventilated place, free from excessive
heat, and protected against corrosives and acid.
(h) Do not use frozen fiber
rope. Do not heat frozen rope to thaw it out.
[ED. NOTE: Table referenced is available
from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
Equipment Guarding
437-004-1910
General Equipment Guarding
(1) Scope — These are general
requirements that apply to all equipment.
(2) Definitions.
(a) Ground driven components
— Components powered by the turning motion of a wheel as the equipment travels
over the ground.
(b) Guard or shield —
A barrier to protect against contact with a moving machine part.
(c) Point of operation —
The area of a machine that contacts the work material.
(d) Power take-off shafts
— Shafts and knuckles between the tractor, or other power source, and the
first gear set, pulley, sprocket, or other components on power take-off shaft driven
equipment.
(3) Operating instructions.
Instruct every employee on their initial assignment about the safe operation and
servicing of all equipment they will use. Renew this instruction at least annually.
Include at least these safe practices:
(a) Keep all guards in place
when the machine is in use;
(b) Permit no riders on farm
field equipment other than persons required for instruction or assistance;
(c) Stop engine, disconnect
the power source and wait for all machine movement to stop before servicing, adjusting,
cleaning, or unclogging the equipment. Instruct employees in the safe procedures
necessary to service or maintain the equipment when it must remain running;
(d) Make sure everyone is
clear of machinery before starting the engine, engaging power, or operating the
machine;
(e) Refer to and comply with
4/J, OAR 437-004-1275, Lockout/Tagout.
(4) Methods of guarding.
Except as otherwise stated, prevent contact with moving machinery parts as follows:
(a) By a guard or shield
or guarding by location;
(b) When a guard or shield
or guarding by location is infeasible, use a guardrail or fence.
(5) Strength and design of
guards.
(a) Design and place guards
to protect against inadvertent contact with the hazard. [Table not included. See
ED. NOTE.]
NOTE: Minimum requirements for guards
are in Table 1.
(b) Unless otherwise specified, each
guard and its supports must be able to withstand the force applied to it.
(c) Guards must be free from
burrs, sharp edges, and sharp corners. Secure guards to the equipment or building.
(6) Guarding by location.
A component is guarded by location during operation, maintenance, or servicing when,
because of its location, no employee can inadvertently come in contact with the
hazard.
(7) Guarding by railings.
Use guardrails or fences to protect employees from inadvertently entering the hazardous
area.
(8) Servicing and maintenance.
When a moving machinery part presents a hazard during servicing or maintenance,
stop the engine, disconnect the power source, and wait for all machine movement
to stop before proceeding, except where the employer can establish that:
(a) The equipment must be
running for proper service or maintenance; and
(b) Service or maintenance
is not possible while a guard or guards required by these rules are in place.
(9) Miscellaneous general
requirements. Cover or install a guard on machines that throw stock, material, or
objects. (Such machines as rip saws, rotary mowers and beaters, rotary tillers are
a few in this classification.)
(10) Machine controls.
(a) A power control switch
to stop the machine or machine feed must be within reach of the operator without
leaving their normal operating position.
(b) Mark the power control
switch to indicate its function and the machine that it controls. Indicate the positions
of ON and OFF.
(c) On fixed machines, use
red or orange to mark “Stop” buttons. Each machine must have one or
more stop buttons according to the working position of the operator or operators.
(d) Locate and guard the
machine control switch to prevent its unexpected or accidental movement. Recess
electrical switch “Start” buttons.
(11) Anchoring fixed machinery.
Securely anchor machines designed for a fixed location to prevent walking or moving.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-1940
Farm Field Equipment
(1) Application. Rule 437-004-1940 applies
to all farm field equipment except that the parts below do not apply to equipment
manufactured before October 25, 1976:
(a) 1940(4);
(b) 1940(5);
(c) 1940(6)(b)(A).
(2) Definition. Farm field
equipment — Tractors or implements, including self-propelled implements, or
any combination.
(3) Power take-off guarding.
(a) Guard all power take-off
shafts with a master shield or by other protective guarding.
(b) Tractors must have a
master shield or guard strong enough to support the operator if they get on or off
the tractor using the shield as a step.
(c) Guard equipment driven
by a power take-off to protect against employee contact with rotating parts of the
power drive system. Where power take-off driven equipment requires removal of the
tractor master shield, ensure the equipment includes protection from that portion
of the tractor power take-off shaft that protrudes from the tractor.
(d) There must be signs on
tractors and power take-off driven equipment to remind operators to keep safety
shields in place.
(4) Other power transmission
components.
(a) Guard the mesh or nip
points of all power driven gears, belts, chains, sheaves, pulleys, sprockets, and
idlers by protective shield, location, guardrail or fence.
(b) Guard all revolving shafts,
including projections such as bolts, keys, or set screws, by protective shield,
location, or guardrail or fence.
(c) Exceptions to the guarding
requirements are as follows:
(A) Smooth off shafts and
shaft ends (without any projecting bolts, keys, or set screws), revolving at less
than 10 rpm, on feed handling equipment used on the top surface of materials in
bulk storage facilities; and
(B) Smooth off shaft ends
protruding less than one-half the outside diameter of the shaft and its locking
means.
(5) Functional components.
Guard as much as possible, all moving parts that must be exposed to operate. Ensure
the guard does not interfere with the normal operation of the equipment. Examples
of these components are snapping or husking rolls, straw spreaders and choppers,
cutterbars, flail rotors, rotary beaters, mixing augers, feed rolls, conveying augers,
rotary tillers, and similar units.
(6) Access to moving parts.
(a) Ensure that guards, shields,
and access doors are in place when equipment is running.
(b) Where removal of a guard
or access door will expose an employee to any component that continues to rotate
after the power is disengaged, provide the following:
(A) A readily visible or
audible warning of rotation; and
(B) A safety sign warning
the employee to:
(i) Look and listen for evidence
of rotation; and
(ii) Not remove the guard
or access door until all components stop.
(7) Electrical disconnect
means.
(a) Prevent application of
electrical power from a location not under the immediate and exclusive control of
the employee or employees maintaining or servicing equipment by:
(A) Providing an exclusive,
positive locking means on the main or ignition switch which can be operated only
by the employee or employees performing the maintenance and servicing; or
(B) In the case of material
handling equipment in a bulk storage structure, by physically locating on the equipment
an electrical or mechanical means to disconnect the power.
(b) Ensure all circuit protection
devices, including those that are an integral part of a motor, are of the manual
reset type.
(c) Exceptions to (b) above
are where:
(A) The employer can establish
that because of the nature of the operation, distances involved and the amount of
time normally spent by employees in the area of the affected equipment, use of the
manual reset device would be infeasible;
(B) There is an electrical
disconnect switch available to the employee within 15 feet of the equipment being
maintained or serviced; and
(C) There is a sign near
each hazardous part warning the employee that unless they use the electrical disconnect
switch, the motor could automatically reset while the employee is working on the
hazardous component.
(8) Additional requirements.
(a) Use a clutch or other
effective means for stopping powered machines not driven by an individual motor.
(b) Ensure sufficient clearance
for all friction clutches and keep them adjusted to prevent any drag or creeping
when disengaged.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-1970
Farmstead Equipment
(1) Application. Rule 437-004-1970 applies
to all farmstead equipment except that the parts below do not apply to equipment
manufactured before October 25, 1976:
(a) 1970(4);
(b) 1970(5);
(c) 1970(6)(b)(A).
(2) Definition. Farmstead
equipment — Equipment that is normally stationary. This includes, but is not
limited to, material handling equipment and accessories for this equipment whether
or not it is an integral part of a building.
(3) Power take-off guarding.
(a) Guard all power take-off
shafts with either a master shield or by other protective guarding.
(b) Guard power take-off
driven equipment to prevent contact with positively driven rotating parts of the
power drive system. If power take-off driven equipment requires removal of the tractor
master shield, ensure that the equipment includes protection from that part of the
tractor power take-off shaft that protrudes from the tractor.
(c) There must be signs on
power take-off driven equipment to remind operators to keep safety shields in place.
(4) Other power transmission
components.
(a) Guard the mesh or nip
points of all power driven gears, belts, chains, sheaves, pulleys, sprockets, and
idlers by protective shield, location, guardrail or fence.
(b) Guard all revolving shafts,
including projections such as bolts, keys, or set screws, by protective shield,
location, or guardrail or fence.
(c) Exceptions to the guarding
requirements are as follows:
(A) Smooth off shafts and
shaft ends (without any projecting bolts, keys, or set screws), revolving at less
than 10 rpm, on feed handling equipment used on the top surface of materials in
bulk storage facilities; and
(B) Smooth off shaft ends
protruding less than one-half the outside diameter of the shaft and its locking
means.
(5) Functional components.
(a) Guard to the fullest
extent all functional components that must be exposed to operate. The guard must
not substantially interfere with the normal operation of the equipment. Examples
of these components are choppers, rotary beaters, mixing augers, feed rolls, conveying
augers, grain spreaders, stirring augers, sweep augers, and feed augers.
(b) Guard sweep arm material
gathering mechanisms on the top surface of materials within silo structures. Locate
the lower or leading edge of the guard no more than 12 inches above the material
surface and no less than 6 inches in front of the leading edge of the rotating member
of the gathering mechanism. Ensure the guard is parallel to, and extends the fullest
practical length of, the material gathering mechanism.
(c) Paragraph (b) above does
not apply to bulk grain storage bins and similar structures where no workers are
present except for installation or removal of the sweep arm material gathering mechanisms.
During such work, disconnect and lockout the electrical power source following the
procedures in OAR 437-004-1275, Division 4/J, Lockout/Tagout.
(d) Guard exposed auger flighting
on portable augers with either grating type guards or solid baffle style covers
as follows:
(A) Ensure the largest dimensions
or openings in grating type guards through which materials must flow are 4-3/4 inches.
Ensure the area of each opening is no larger than 10 square inches. Locate the opening
no closer to the rotating flighting than 2-1/2 inches.
(B) Ensure slotted openings
in solid baffle style covers are not wider than 1-1/2 inches, or closer than 3-1/2
inches to the exposed flighting.
(C) Openings larger than
those in (A) and (B) above are allowable if necessary to permit the free flow of
material that has a tendency to bridge over. Ensure these openings are no larger
than required for proper functioning of the auger. Design, arrange or locate the
guard so that no part of an employee’s body may contact the auger flighting.
(6) Access to moving parts.
(a) Ensure that guards, shields,
and access doors are in place when the equipment is in operation.
(b) Where removal of a guard
or access door will expose an employee to any component that continues to move after
the power is disengaged, provide the following:
(A) A readily visible or
audible warning of rotation; and
(B) A safety sign warning
the employee to:
(i) Look and listen for evidence
of rotation; and
(ii) Not remove the guard
or access door until all parts stop.
(c) There must be a guard
with openings no larger than 1/2 inch when the blades of a fan are less than 7 feet
above the floor or working level.
(7) Additional guarding requirements.
(a) Properly safeguard carton
or bag stitching machines to prevent employees from contacting the stitching head
and other pinch or nip points.
(b) Guard the point of operation
of all machines. Design and construct the guard to prevent any part of the operator’s
body from being in the danger zone during the operating cycle. [Table not included.
See ED. NOTE.]
NOTE: Table 2 gives the distances that
point-of-operation guards must be from the danger line in relation to the size of
the opening.
[ED. NOTE: Table referenced is available
from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-2000
Powered Saws
(1) Scope — This applies to nonportable
powered saws.
(2) General.
(a) Machines must not vibrate
when the tool is run at full speed.
(b) Arbors and mandrels must
have firm and secure bearing and be free from play.
(c) Do not use any automatic
cutoff saw that strokes continuously without operator control of each stroke.
(d) Saw frames and tables
must have lugs cast on the frame or an equivalent way to limit the size of the saw
blade to avoid overspeed.
(e) Circular saw fences must
attach to the table or table assembly without changing their alignment with the
saw. The fences for tilting tables or tilting arbors must remain parallel with the
saw regardless of the angle of the saw with the table.
(f) Circular saw gages must
slide in accurately machined grooves or tracks to insure exact alignment with the
saw for all positions of the guide.
(g) Hinged saw tables must
be lockable in any position and in alignment with the saw.
(h) Guard all belts, pulleys,
gears, shafts, and moving parts to comply with OAR 437-004-1970, division 4/O.
(i) Electrically ground all
equipment to comply with OAR 437-004-2810, division 4/S.
(j) A guard must cover the
rear portion of the saw beneath or behind the table when exposed to contact. An
exhaust hood may serve this purpose if appropriate.
(k) Do not mount any saw,
cutter head or tool collar on a machine not made to work with them.
(l) There must be combs (featherboards)
or suitable jigs to use when a standard guard cannot be used, like for dadoing,
grooving, jointing, moulding, and rabbeting.
(3) Machine controls and
equipment.
(a) There must be a mechanical
or electrical power control switch so the operator does not have to leave the point
of operation to shut off the machine.
(b) Use a locking-type belt
shifter or other positive device on machines driven by belts and shafting.
(c) Provide a positive method
to prevent a machine from automatically restarting after a power failure.
(d) Locate power and operating
controls within reach of the operator. Do not allow the operator to reach over the
cutter head to make adjustments. This does not apply to constant pressure controls
used only for setup.
(e) Provide a positive means
to make electric motor driven machine controls and devices inoperable during repairs
or adjustments.
(f) Protect foot-operated
controls from unexpected or accidental activation.
(g) Cover feed rolls, of
feeder attachments, to protect the operator from contacting hazardous parts.
(4) Band saws.
(a) Completely enclose band
wheels. Construct guards of at least No. 14 U.S. gauge metal, nominal 2-inch wood
material, or mesh or perforated metal of not less than U.S. gauge No. 20 with 3/8-inch
or smaller openings.
(b) Enclose all portions
of the band saw blade except the working side of the blade between the guide and
the table.
(5) Radial arm saws.
(a) Radial arm saws must
have a hood that completely encloses the upper portion of the blade down to a point
that includes the end of the saw arbor.
(b) The saw blade must not
extend beyond the front edge of the table or roll case.
(c) A lower blade guard must
guard the lower part of the blade and stay in contact with the material during the
entire cut.
(d) When ripping, radial
arm saws must have anti-kickback fingers on each side of the saw.
(e) Mark the direction of
saw rotation on the hood.
(f) Attach a permanent warning
sign prohibiting rip or plough cuts from the rear of the guard. Rip and plough only
against the direction of blade rotation.
(g) Blades or cutting heads
on radial arm saws must automatically return gently and stay at the back of the
table.
NOTE: Use a counterweight or other
effective means, a retractor device, or tilt the arm sufficiently to keep the saw
at the back when released by the operator.
(6) Table saws.
(a) Circular crosscut table
saws must have a hood that covers the saw at least to the depth of the teeth.
(b) The hood must automatically
adjust itself to the thickness of and remain in contact with, the material being
cut. When the guard may mar the surfaces of material, it may be raised slightly
to avoid contact.
(c) The hood must protect
the operator from flying splinters and broken saw teeth.
(d) Fully guard rip table
saws, and combination rip and crosscut table saws as required in OAR 437-004-2000(4)(a)
and (b). They must have a spreader and anti-kickback fingers. The spreader is not
necessary when rabbeting, ploughing, grooving or for cutting dados.
(e) Fully guard the part
of the table saw beneath the table.
(f) Use push sticks to guide
short stock and ends through table saws without self-feeding devices.
(7) Wobble saws. Do not insert
wedges between a saw disk and its collar to form a “wobble saw” for
rabbeting.
NOTE: This rule does not apply to properly
designed and adjustable rabbeting blades.
(8) Cracks in blades. Do not use a circular
saw blade with a crack greater in length than those in the following table: [Table
not included. See ED. NOTE.]
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06
437-004-2100
Grinders
(1) Scope — These rules apply
to all grinders except:
(a) Standards for portable,
hand-held power-driven grinders are in OAR 437-004-2230, Division 4/P.
(b) Natural sandstone wheels.
(c) Metal, wooden, cloth
or paper wheels or discs with a layer or layers of abrasive on the surface.
(2) Definitions.
(a) Abrasive Wheel —
cutting device made of abrasive grains held together by organic or inorganic bonds,
including diamond and reinforced wheels.
(b) Off-hand Grinding —
The grinding of anything held in the operator’s hand.
(c) Portable Grinding —
A grinding operation where the grinding machine is hand held and easily moved from
one place to another.
(d) Safety Guard —
An enclosure for an abrasive wheel. It has a peripheral and two side members. Its
purpose and design is to contain the pieces of the wheel if the wheel breaks while
in use.
(3) Use.
(a) Mount grinders securely
on the floor, bench, foundation or other structure.
(b) Do not use grinders that
vibrate or are out of balance.
(c) Do not use abrasive wheels
that are out of round or out of balance.
(d) Off-hand grinding machines
must have work rests that are:
(A) Rigid and adjustable
to compensate for wheel wear.
(B) Kept adjusted to within
1/8 inch of the wheel to prevent work from jamming between the wheel and the rest.
(C) Securely tightened after
each adjustment.
(e) Do not adjust a moving
wheel.
(f) Do side grinding only
on wheels designed for that purpose.
NOTE: Dressing on the side of straight
wheels is acceptable only with very light pressure.
(4) Mounting.
(a) Assure that grinding
wheels fit freely but not loosely on the spindle, sleeves or adapters and remain
free under all grinding conditions.
(b) Do not operate an abrasive
wheel designed to be held by flanges unless it is properly mounted between suitable
flanges. Flanges must be at least 1/3 the diameter of the wheel, except for those
types requiring flanges of a special design.
(c) Install blotters (compressible
washers) between flanges and abrasive wheel surfaces to insure uniform distribution
of flange pressure.
(d) Properly position the
safety guard after mounting a wheel.
(e) Run the grinder at operating
speed after mounting an abrasive wheel with the safety guard in place or in a protected
enclosure for at least one minute before using it. Keep employees away from the
front of the wheel during this time.
(f) Do not use wheels larger
than those recommended by the manufacturer.
(5) Safety guards.
(a) Use abrasive wheels larger
than 2 inches in diameter only on machines with safety guards.
(b) These do not require
safety guards:
(A) Specially-shaped abrasive
wheels mounted in a mandrel-type bench or floor stand and used for and commonly
known as “sickle grinding stones or wheels.”
(B) Abrasive wheels where
the work itself provides full protection but only while the wheel is within the
area of protection.
NOTE: Abrasive wheel safety guards
must meet the design specifications of the American National Standard Code for the
Use, Care, and Protection of Abrasive Wheels (ANSI B7.1-1988).
(c) Abrasive wheels that cover the spindle
end, nut, and outer flange projection of the wheel must have guards. Guard the sides
and periphery of the wheel except for that degree of exposure permitted below.
(A) Bench and floor stands.
(i) The maximum permissible
angle of exposure is 90°. Begin this exposure at a point not more than 65°
above the horizontal plane of the wheel spindle.
(ii) Do not exceed 125°
exposure where the nature of the work requires contact with the wheel below the
horizontal plane of the spindle. Begin this exposure at a point not more than 65°
above the horizontal plane of the wheel spindle.
(B) Swing frame grinders.
The maximum permissible angle of exposure is 180°. Enclose the top half of
the wheel.
(C) Top grinding. Do not
exceed 60° exposure of the grinding wheel periphery where the work contacts
the top of the wheel.
(d) The peripheral protecting
part of safety guards must adjust to compensate for wheel wear when the operator
stands in front of the opening.
(e) Maintain 1/4 inch between
the wheel periphery and the adjustable tongue or the guard above the wheel.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
Small Tools
437-004-2220
General Requirements — Small
Tools
(1) Employers are responsible for the
safe condition of tools and equipment used by employees. This includes tools and
equipment that belong to employees.
(2) Do not use defective
tools.
(3) When not in use, place
tools where they will not create a hazard.
(4) Do not use tools whose
electric cords have damaged insulation or defective parts.
(5) Do not leave power supply
lines or hoses where they may be damaged or create a hazard.
(6) Tool handles must have
no sharp edges or splinters and be firmly attached to the tool. Wooden handles of
tools must be of firm straight grained stock.
(7) Dress or grind the heads
of shock tools (such as hammers, sledges, and cold chisels) as they begin to mushroom
or crack. When they show a tendency to chip, take them out of service.
(8) Keep the cutting edges
of tools uniformly sharp.
(9) Use heavy leather holsters,
guards or equivalent protection for sharp-edged or sharp-pointed tools carried on
the worker’s person.
(10) When using sharp-edged
cutting tools, wear appropriate protective equipment such as gloves, aprons and
leg guards.
(11) Use spark-resistant
hand tools in explosive or flammable atmospheres.
NOTE: Compressed air used for cleaning.
See 4/M, OAR 437-004-1505(4) for rules about cleaning with compressed air or gas.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-2230
Guarding and Operation of Portable
Powered Tools
(1) Portable powered tools.
(a) Portable circular saws.
(A) All portable, power-driven
circular saws with a blade diameter greater than 2 inches must have guards above
and below the base plate or shoe. The upper guard must cover the saw to the depth
of the teeth, except for the minimum arc to permit tilting the base for bevel cuts.
The lower guard must cover the saw to the depth of the teeth, except for the minimum
arc that allows proper retraction and contact with the work. When the tool is taken
out of the work, the lower guard must automatically and quickly return to covering
position. This does not apply to meat cutting saws.
(B) In addition to the provisions
in (1)(a)(A) above, the lower guard must have a lug or lever, remote from the blade
teeth, that allows the operator to safely lift the guard for starting unusual cuts.
(b) Switches and controls.
(A) All hand-held powered
circular saws with a blade diameter more than 2 inches, electric, hydraulic or pneumatic
chain saws and percussion tools without positive accessory holding means must have
a constant pressure switch or control that will shut off the power when pressure
is released.
(B) The following hand-held
powered tools must have a constant pressure control switch. They may have a lock-on
control if a single motion of the same finger or fingers that turns it on can turn
it off.
(i) Tappers, drills, fastener
drivers, horizontal, vertical and angle grinders with wheels more than 2 inches
in diameter. Disc sanders with discs more than 2 inches in diameter. Belt sanders,
reciprocating saws, saber, scroll and jig saws with blade shanks more than a nominal
1/4-inch and other similarly operating powered tools.
(C) All other hand-held powered
tools may have either a positive “on-off” control, or other controls
as in (1)(b)(A) and (B) above.
(i) Saber, scroll and jig
saws with non-standard blade holders may use blades with shanks which are non-uniform
in width, if the narrowest part of the shank is an integral part in mounting the
blade.
(ii) Measure the blade shank
width at the narrowest part of the blade when saber, scroll and jig saws have non-standard
blade holders.
(iii) “Nominal”
in this subparagraph means +0.05-inch.
(D) Exclusions. This subparagraph
does not apply to concrete vibrators, concrete breakers, powered tampers, jack hammers,
garden appliances, household and kitchen appliances, personal care appliances or
to fixed machinery.
(c) Power chain saws.
(A) In addition to (1)(b)(A)
above, all power chain saws must meet American National Standard B175.1-1991, Safety
Code for Power Chain Saws.
(B) Inspect power chain saws
daily when in use and always keep them in good repair. Do not use saws with cracked
or loose handle bars or defective parts.
(C) Stop power chain saw
engines before fueling.
(D) Power chain saws must
have a working chain brake if originally equipped with one.
(E) Chain brakes and other
safety features must always work correctly.
(F) All hand-held gasoline
powered chain saws must have a constant pressure throttle control that will shut
off power to the saw chain when the pressure is released.
(G) Employees using chain
saws must wear flexible ballistic nylon pads, chaps or other equivalent protection
in a manner that protects the legs from the thigh to the top of the boot. Employers
must provide and pay for this equipment.
(H) Do not drop-start chain
saws or other power saws.
NOTE: Drop-starting saws is permitted
outside of the basket of an aerial lift only after ensuring that the area below
the aerial lift is clear of people.
(I) The operator must have secure footing
when starting the saw.
(J) Start and operate the
saw only when all other workers are clear.
(K) Stop the engine when
carrying the power saw but not between cuts during consecutive felling, bucking,
limbing or cutting operations.
(i) The chain must not be
turning and the operator’s hand must be off the throttle lever while moving
between work locations.
(ii) Carry small chain saws
at your side with the bar of the saw pointed to the rear.
(L) Stop the engine for all
cleaning, refueling, adjustments, and repairs to the motor.
(d) Portable belt sanders.
Belt sanders must have guards at each nip point where the sanding belt runs onto
a pulley. These guards must prevent the operator’s hands or fingers from contacting
the nip points. The unused run of the sanding belt must have guards against accidental
contact.
(e) Cracked saws. Do not
use cracked saws.
(f) Grounding. Portable electric
powered tools must meet the requirements of Subdivision 4/S.
(2) Pneumatic tools and hose.
(a) Only use compressed air
supply hose and hose connections rated for the pressure and service required by
the tools they serve.
(b) There must be a shut-off
valve at the manifold or permanent pipe outlet of the compressed air supply.
(c) Do not couple or uncouple
hose without first shutting off the compressed air supply unless the couplers have
check valves that automatically shut it off.
(d) Pneumatic fastener-driving
tools and other power-driven fastener tools, except as allowed in (e) below, must
have a safety device to prevent ejection of nails, staples or fasteners when the
tool is not in firm contact with the work.
(e) You may use power-driven
fastener-driving tools without the safety device only when using staples with a
diameter of .0475-inch (18 gauge A.W.G.) or less and the operator and all workers
within 15 feet are wearing suitable eye protection. This does not apply to office
staplers.
(f) Do not use oxygen or
combustible gases to drive pneumatic tools.
(g) Direct the exhaust from
pneumatic power tools away from the operator.
(3) Portable abrasive wheels
(a) Definitions:
(A) Mounted wheels. Mounted
wheels of 2-inch diameter or smaller, of various shapes. They may be either organic
or inorganic bonded abrasive wheels. They are secured to plain or threaded steel
mandrels.
(B) Organic bonded wheels.
Organic wheels are wheels bonded by an organic material such as resin, rubber, shellac
or other similar bonding agent.
(C) Portable grinding. A
grinding operation where the grinding machine is hand-held and may move easily from
one location to another.
(D) Reinforced wheels. The
term “reinforced” as applied to grinding wheels defines a class of organic
wheels that contain strengthening fabric or filament. The term “rein- forced”
does not cover wheels using such mechanical additions as steel rings, steel cup
backs or wire or tape winding.
(E) Safety guard. A safety
guard is an enclosure to restrain the pieces of the grinding wheel if it breaks
while in use.
(F) Tuck pointing. Removal,
by grinding, of cement, mortar or other non-metallic jointing material.
(G) Tuck pointing wheels.
Tuck pointing wheels, Type 1, reinforced organic bonded wheels have diameter, thickness
and hole size dimension. They are subject to the same limitations of use and mounting
as Type 1 wheels.
(H) Limitation: Wheels used
for tuck pointing should be reinforced, organic bonded.
(I) Type 11 flaring cup wheels.
Type 11 flaring cup wheels have double diameter dimen- sions D and J, and in addition
have thickness, hole size, rim and back thickness dimensions. Grinding is always
done on the rim face, W dimension. Type 11 wheels are sub- ject to all limitations
of use and mounting listed for Type 6 straight sided cup wheels.
(J) Type 11 Flaring Cup Wheels
Figure 1 Side grinding wheel with a wall flared or tapered outward from the back.
Wall thickness at the back is normally greater than at the grinding face (W).
(K) Limitation: Minimum back
thickness, E dimension, should not be less than one-fourth T dimension. Also, when
unthreaded hole wheels are specified the inside flat, K dimension, must be large
enough to hold a suitable flange.
(L) Type 6 straight cup wheels.
Type 6 cup wheels have diameter, thickness, hole size, rim thickness and back thickness
dimensions. Grinding is always done on the rim face, W dimension.
(M) Type 6 Straight Cup Wheels
Figure 2 Side grinding wheel with a diameter, thickness and hole with one side straight
or flat and the opposite side recessed. This type, differs from Type 5 in that the
grinding is on the wall of the abrasive created by the difference between the diameter
of the recess and the outside diameter of the wheel. Therefore, the wall dimension
"W" takes precedence over the diameter of the recess as an essential intermediate
dimension to describe this shape type.
(N) Limitation: Minimum back
thickness, E dimension, should not be less than one-fourth T dimension. In addition,
when unthreaded hole wheels are specified, the inside flat, K dimension, must be
large enough to hold a suitable flange.
(O) Type one straight wheels.
Type 1 straight wheels have diameter, thickness and hole size dimensions and should
be used only on the periphery. Mount type 1 wheels between flanges. Type 1 Straight
Wheels Figure 3 Peripheral grinding wheel with a diameter, thickness and hole. [Figures
not included. See ED. NOTE.]
(P) Limitation: Hole dimension
(H) should not be greater than two-thirds of wheel diameter dimension (D) for precision,
cylindrical, centerless or surface grinding applications. Maximum hole size for
all other applications should not exceed one-half wheel diameter.
(b) General requirements.
Use abrasive wheels only on machines with safety guards as in OAR 437-004-2230(3)(a)
through (d).
(A) Exceptions. The requirements
of paragraph OAR 437-004-2230(3)(a) do not apply to the following classes of wheels
and conditions.
(i) Wheels for internal work
while within the work being ground;
(ii) Mounted wheels, 2 inches
and smaller in diameter, used in portable operations (see definition of Mounted
Wheel); and
(iii) Types 16, 17, 18, 18R,
and 19 cones and plugs and threaded hole pot balls where the work offers protection.)
(iv) A safety guard must
cover the spindle end, nut and flange projections. Mount the safety guard so as
to maintain proper alignment with the wheel. The strength of the fastenings must
exceed the strength of the guard.
(v) Exception. If the work
provides a suitable measure of protection to the operator, safety guards may allow
exposure to the spindle end, nut and outer flange. Where the work entirely covers
the side of the wheel, you may omit the side covers of the guard.
(vi) Exception. On portable
machines designed for and used with, type 6, 11, 27, and 28 abrasive wheels, cutting
off wheels and tuck pointing wheels, you may leave the spindle end, nut and outer
flange exposed.
(b) Cup wheels. Protect cup
wheels (Types 6 and 11) by:
(A) Using safety guards in
OAR 437-004-2230(3)(a); or,
(B) Using special “revolving
cup guards” that mount behind the wheel and turn with it. They must be steel
or other material with adequate strength and must enclose the wheel sides upward
from the back for one-third of the wheel thickness. The mounting features must conform
with all regulations. (See OAR 437-004-2230(3)(e).) Keep a maximum clearance of
1/16-inch between the wheel side and the guard; or,
(C) Using another form of
guard that insures protection equal to that provided by the guards in OAR 437-004-2230(3)(a)(A)
or (B).
(c) Vertical portable grinders.
Safety guards on machines known as right angle head or vertical portable grinders
must have a maximum exposure angle of 180 degrees. Place the guard between the operator
and the wheel during use. Adjust the guard to deflect pieces of a broken wheel away
from the operator. (See Figure 4.) [Figures not included. See ED. NOTE.]
(d) Other portable grinders.
The maximum angular exposure of the grinding wheel periphery and sides for safety
guards used on other portable grinding machines must not exceed 180 degrees. Enclose
the top half of the wheel. (See Figures 5 and 6.) [Figures not included. See ED.
NOTE.]
(e) Mounting and inspection
of abrasive wheels.
(A) Immediately before mounting,
inspect all wheels to make sure they are not damaged. Check the spindle speed of
the machine before mounting the wheel to be sure it does not exceed the maximum
operating speed marked on the wheel.
(B) Grinding wheels must
fit freely on the spindle and remain free under all grinding conditions. Keep a
controlled clearance between the wheel hole and the machine spindle (or wheel sleeves
or adaptors) to avoid excessive pressure from mounting and spindle expansion.
(C) All contact surfaces
of wheels, blotters and flangers must be flat and free of foreign matter.
(D) When using a bushing
in the wheel hole it must not exceed the width of the wheel nor contact the flanges.
(E) Do not operate an abrasive
wheel designed to be held by flanges unless it is properly mounted between suitable
flanges. Flanges must be at least one-third the diameter of the wheel, except for
those types requiring flanges of a special design.
(F) Install blotters (compressible
washers) between flanges and abrasive wheel surfaces to insure uniform distribution
of flange pressure.
(f) Excluded machinery. OAR
437-004-2230(3) does not cover natural sandstone wheels and metal, wooden, cloth
or paper discs with a layer of abrasive on the surface.
(4) Tools driven by internal
combustion engines.
(a) Tools driven by internal
combustion engines must have a positive “On” and “Off” ignition
switch that will remain in either position.
(b) Tools driven by internal
combustion engines must have effective means to control power except those that
operate at constant speed. Throttle controls must return the engine to idling speed
when released.
(c) Tools driven by internal
combustion engines must have a self-rewinding starting device or be equally safe.
(d) Exhaust ports on tools
driven by internal combustion engines must have mufflers and deflect exhaust fumes
away from the operator when the tool is in use in its normal operating position.
(e) Stop the engine before
fueling tools driven by an internal combustion engine.
(f) You must be able to quickly
remove sling-carried tools powered by attached portable internal combustion engines.
(g) Inspect the fuel system
of sling-carried tools before each use. Fix any defect immediately.
(5) Explosive actuated fastening
tools.
(a) Definitions.
(A) Angle control. A safety
feature designed to prevent a tool from operating when tilted beyond a pre-determined
angle. Cased Power Load. A power load with the propellant contained in a closed
case. Caseless Power Load. A power load with the propellant in solid form not requiring
containment.
(A) Direct-Acting Tool. A
tool in which the expanding gas of the power load acts directly on the fastener
to be driven.
(B) Explosive power load,
also known as load. Any form of any substance that can produce a propellant force.
(C) Fixture. A special shield
that gives equal protection where the standard shield is not usable.
(D) Hammer-operated piston
tool — low-velocity type. A tool that uses a heavy mass hammer and a load
to move a captive piston to drive a stud, pin or fastener into a work surface. It
always starts the fastener at rest and in contact with the work surface. Its design
must limit the mean velocity of the stud, pin or fastener to a maximum of 300 feet
per second when measured 6.5 feet from the muzzle end of the barrel.
(E) Head. That part of a
fastener that extends above a work surface after being properly driven.
(F) High-velocity tool. A
tool or machine that uses a load to propel or discharge a stud, pin or fastener,
at velocities greater than 300 feet per second when measured 6.5 feet from the muzzle
end of the barrel.
(G) Indirect-Acting Tool.
A tool in which the expanding gas of the powder load acts directly on a captive
piston that in turn drives the fastener.
(H) Low-velocity piston tool.
A tool that uses a load and captive piston to drive a stud, pin or fastener into
a work surface. Its design must limit the mean velocity to a maximum of 300 feet
per second when measured 6.5 feet from the muzzle end of the barrel.
(I) Misfire. A condition
in which the powder load fails to ignite after an attempt to fire the tool.
(J) Powder-Actuated Fastening
System. A method comprising the use of a powder-actuated tool, a power load and
a fastener.
(K) Powder-Actuated Tool,
also known as Tool. A tool that uses the expanding gases from a power load to drive
a fastener.
(L) Protective shield or
guard. A device or guard to confine flying particles, attached to the muzzle end
of the tool.
(M) Stud, pin, or fastener.
A fastening device specifically designed and manufactured for use in explosive-actuated
fastening tools.
(N) Test Velocity. A series
of deliberately free-flighted fasteners whose velocities are measured 6 1/2 feet
from the muzzle end of the tool using accepted ballistic test methods.
(O) To chamber. To fit properly
without the use of excess force and without being loose in the chamber.
(P) Tool. Unless indicated
otherwise, an explosive-actuated fastening tool and all its accessories.
(b) General requirements.
(A) Explosive-actuated fastening
tools actuated by explosives or any similar means that propel a stud, pin, fastener
or other object to affix it to another object must meet the design requirements
in paragraph (b) below. This requirement does not apply to devices designed for
attaching objects to soft construction materials, such as wood, plaster, tar, dry
wallboard and the like or to stud welding equipment.
(B) Operators and assistants
using tools must wear eye protection. If required by the working conditions, use
head and face protection as required under Personal Protective Equipment (4/I).
(b) Inspection, maintenance,
and tool handling.
(A) High-velocity tools.
High velocity tools must have these characteristics:
(i) The muzzle end of the
tool must have a protective shield or guard at least 3 1/2 inches in diameter, mounted
perpendicular to and concentric with the barrel. It must confine any flying fragments
or particles that might be a hazard when fired.
(ii) Where a standard shield
or guard will not work or where it does not provide adequate protection, an alternate
device is acceptable. It must be built by the manufacturer of the tool, and provide
an equal degree of protection.
(iii) It must be impossible
to fire the tool unless it has a standard protective shield or guard, or the special
device in (ii) above.
(I) The firing mechanism
must prevent the tool from firing during loading or preparation to fire, or if dropped
while loaded.
(II) Firing of the tool must
require at least two separate and distinct actions of the operator. The final firing
movement must be separate from the action of bringing the tool into the firing position.
(v) The tool must not work
unless the operator is holding the tool against the work surface with a force at
least 5 pounds more than the total weight of the tool.
(vi) The tool must not be
operable with the standard guard indexed to the center position if any bearing surface
of its guard tilts more than 8 degrees from contact with the work surface.
(vii) The tool must have
a positive way of varying the power or there must be some other way for the operator
to select a power level adequate to perform the work without excessive force.
(B) Tools of the low-velocity
piston type must have the characteristics in (i) through (iv) below. The muzzle
end of the tool must allow suitable protective devices, designed and built by the
manufacturer of the tool, to be mounted perpendicular to the barrel. There must
be a standard spall shield with each tool.
(I) In ordinary use the tool
must not propel or discharge a stud, pin or fastener while loading or during preparation
to fire or if dropped while loaded.
(II) Firing of the tool must
depend on at least two separate and distinct actions of the operator. The final
firing movement must be separate from the operation of bringing the tool into the
firing position.
(iii) The tool must not to
be operable unless the operator is holding it against the work surface with a force
at least 5 pounds greater than the total weight of the tool.
(iv) The tool must have a
positive way of varying the power or there must be some other way for the operator
to select a power level adequate to perform the work without excessive force.
(C) Hammer operated piston
tools, low-velocity type, must have the characteristics in (i) through (iv) below.
(i) The muzzle end of the
tool must allow suitable protective devices, designed and built by the manufacturer
of the tool, to be mounted perpendicular to the barrel. There must be a standard
spall shield with each tool.
(ii) In ordinary use the
tool must not propel or discharge a stud, pin or fastener while loading or during
preparation to fire or if dropped while loaded.
(iii) Firing of the tool
must depend on at least two separate and distinct actions of the operator. The final
firing movement must be separate from the operation of bringing the tool into the
firing position.
(iv) The tool must have a
positive way of varying the power or there must be some other way for the operator
to select a power level adequate to perform the work without excessive force.
(c) Requirements for loads
and fasteners.
(A) There must be a standard
way to identify the power levels of loads.
(B) Do not use a load (cased
or caseless) that will accurately chamber in any existing approved commercially
available low-velocity piston tool or hammer operated piston tool, low-velocity
type, if it will cause a fastener to have a mean velocity greater than 300 feet
per second when measured 6.5 feet from the muzzle end of the barrel. No individual
test firing of a series can exceed 300 feet per second by more than 8 per- cent.
(C) Only use fasteners specifically
made for a given tool.
(d) Operating requirements.
(A) Before using a tool,
inspect it to see that it is clean, all moving parts operate freely and that the
barrel is free of obstruction.
(B) When a tool develops
a defect during use, immediately stop using it.
(C) Do not load tools until
just prior to the intended firing time. Do not point loaded or empty tools at anyone.
(D) Do not leave loaded tools
unattended.
(E) If the tool misfires,
hold it in the operating position for at least 30 seconds. Then try to operate the
tool a second time. Wait another 30 seconds with the tool in the operating position.
If it still does not fire remove the explosive load according to the manufacturer’s
instructions.
(F) Do not leave tools unattended
where they are available to unauthorized persons.
(G) Do not drive fasteners
into very hard or brittle materials like cast iron, glazed tile, surface-hardened
steel, glass block, face brick or hollow tile.
(H) Do not drive fasteners
into soft materials so that the projectile could exit the other side:
(i) Do not drive fasteners
directly into materials such as brick or concrete closer than 3 inches from the
unsupported edge or corner or into steel surfaces closer than 1/2-inch from the
unsupported edge or corner, unless the tool has a special guard. (Exception: Low-velocity
tools may drive no closer than 2 inches from an edge in concrete or 1/4-inch in
steel.)
(ii) When fastening other
materials, such as a 2-inch by 4-inch wood section to a concrete surface, it is
permissible to drive a fastener of no greater than 7/32-inch shank diameter not
closer than 2 inches from the unsupported edge or corner of the work surface.
(J) Do not drive fasteners
through existing holes unless you use a positive guide for accurate alignment.
(K) Do not drive a fastener
into a spalled area caused by an unsatisfactory fastening.
(L) Do not use explosive
actuated tools in an explosive or flammable atmosphere.
(M) Use all tools with the
correct shield, guard or attachment recommended by the manufacturer.
(N) Take damaged or defective
tools out of service. Inspect tools at regular intervals and repair them according
to the manufacturer’s specifications.
[ED. NOTE: Figures referenced are available
from the agency.]
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06; OSHA 7-2008, f. &
cert. ef. 5-30-08
437-004-2240
Power Lawnmowers
(1) General requirements.
(a) Powered walk-behind,
riding-rotary and reel lawnmowers designed for sale to the general public must meet
the design specifications in “American National Standard Safety Specifications
for Power Lawnmowers” ANSI/OPEI B71.1-1996. These specifications do not apply
to a walk-behind mower converted to a riding mower by the addition of a sulky. Also,
these specifications do not apply to flail mowers, sickle bar mowers or mowers designed
for commercial use.
(b) Guard or place all power-driven
chains, belts and gears to prevent accidental contact with the operator, during
normal starting, mounting and operation of the machine.
(c) There must be a shutoff
device to stop the motor or engine. It must require manual and intentional reactivation
to restart the motor or engine.
(d) Clearly mark all positions
of the operating controls.
(e) The phrase, “Caution.
Be sure the operating control(s) is in neutral before starting the engine,”
or similar wording must be clearly visible at an engine starting control point on
self-propelled mowers.
(2) Walk-behind and riding
rotary mowers.
(a) Enclose the mower blade
except on the bottom. The enclosure must extend to or below the lowest cutting point
of the blade in the lowest blade position.
(b) There must be instructions
near the opening warning not to use the mower without either the catcher assembly
or the guard in place. This does not apply to side discharge mowers or those with
a mulching plug in place.
(c) Properly and completely
installed catcher assemblies must not create a hazard.
(d) The word “Caution,”
or stronger wording, must be on the mower at or near each discharge opening.
(e) Blade(s) must stop from
the manufacturer’s specified maximum speed within 15 seconds after declutching
or shutting off power.
(3) Walk-behind rotary mowers.
(a) The horizontal angle
of the grass discharge opening(s) in the blade enclosure, must not direct discharge
toward the operator area.
(b) There must be one of
the following at all openings in the blade enclosure intended for the discharge
of grass:
(A) A minimum unobstructed
horizontal distance of 3 inches from the end of the discharge chute to the blade
tip circle.
(B) A rigid bar fastened
across the discharge opening, secured to prevent removal without the use of tools.
The bottom of the bar must be no higher than the bottom edge of the blade enclosure.
(c) Keep the handle attached
to the mower to prevent loss of control by unintentional uncoupling while the engine
is running.
(d) There must be a positive
upstop or latch for the handle in the normal operating position(s). The upstop must
not be subject to unintentional disengagement when using the mower. The upstop or
latch must not allow the center or the handle grips to come closer than 17 inches
horizontally behind the closest path of the mower blade(s) unless manually disengaged.
(e) A swing-over handle,
that complies with the above requirements, is acceptable.
(f) Wheel drive disengaging
controls, except deadman controls, must move opposite to the direction of the vehicle
motion in order to disengage the drive. Deadman controls must automatically interrupt
power to a drive when the operator lets go and may operate in any direction to disengage
the drive.
(4) Riding rotary mowers.
(a) Opening(s) must not allow
grass or debris to discharge directly toward any part of an operator seated in a
normal operator position.
(b) One of the following
must be at all grass discharge openings in the blade enclosure:
(A) A minimum unobstructed
horizontal distance of 6 inches from the end of the discharge chute to the blade
tip circle.
(B) A rigid bar fastened
across the discharge opening, secured to prevent removal without the use of tools.
The bottom of the bar must be no higher than the bottom edge of the blade enclosure.
(c) Mowers must have stops
to prevent jackknifing or locking of the steering.
(d) Mowers must have working
brakes or a manufacturer designed system for stopping.
(e) Hand-operated wheel drive
disengaging controls must move opposite to the direction of vehicle motion to disengage
the drive. Foot-operated wheel drive disengaging controls must be depressed to disengage
the drive. Deadman controls, both hand and foot operated, must automatically interrupt
power to a drive when the operator removes the actuating force and may operate in
any direction to disengage the drive.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-2260
Other Portable Tools and Equipment
(1) Jacks.
(a) Definitions.
(A) Jack. A jack is an appliance
for lifting and lowering or moving horizontally a load by pushing.
(B) Rating. The maximum safe
load throughout its course of travel.
(b) Loading and marking.
(A) Do not use a jack with
a rating less than the weight of the intended load.
(B) Keep the rated load legibly
and permanently marked on the jack.
(c) Operation and maintenance.
(A) If the jack is not on
a firm foundation, block its base. If the cap might slip, place a block between
it and the load.
(B) Watch the stop indicator
and do not go past the limit of travel.
(C) Quickly crib, block or
otherwise secure the load after raising it.
NOTE: This does not apply when changing
wheels on 4-wheeled vehicles when only one wheel is raised and the employee does
not place any part of their body under the vehicle.
(D) Hydraulic jacks exposed to freezing
temperatures must contain an adequate antifreeze liquid.
(E) Inspect jacks often enough
to assure safe operation but at least:
(i) Once every 6 months for
constant or intermittent use; or
(ii) Immediately after an
abnormal load or shock.
(F) Mark defective jacks
and do not use them until repairs are made.
(2) Abrasive blast cleaning
nozzles. Blast cleaning nozzles must have an operating valve that must be held open
manually. Provide a support on which the nozzle may rest when it is not in use.
(3) Hand-powered equipment.
(a) Each hand-powered hoist
must have an effective brake or equivalent and a ratchet and pawl strong enough
to hold the maximum load in any position.
(b) Do not allow hand crank
handles to work loose from the drive shaft.
(4) Wheelbarrows, hand trucks,
dollies, pallet jacks.
(a) Wheelbarrows, hand trucks,
dollies and pallet jacks must be appropriate for the specific work. Do not load
them beyond safe capacity. Bodies and frames must be metal or strong wood and able
to withstand severe handling and the intended loads.
(b) Keep wheelbarrows, hand
trucks, dollies and pallet jacks in good repair.
(c) Do not leave wheelbarrows,
hand trucks, dollies, and pallet jacks where they can tip, fall or roll.
(5) Varmint Killers (Explosive
Gas and Oxygen) A device for injecting a mix of propane (LPG) and oxygen into ground
holes and then igniting it to kill varmints.
NOTE: OAR 437-004-0710 Compressed
Gases apply to all cylinders of gas.
(a) Follow all manufacturer instructions
for use and maintenance of this equipment or this standard, whichever is safest.
(b) When transporting these
devices in vehicles (other than in the field of use), or when done using them for
more than one hour, back out the regulator pressure control screws.
(c) Employees under 18 years
old may not operate this equipment.
(d) Employers must train
all employees to operate this equipment safely and according to the manufacturer’s
instructions and these rules.
(e) Operating procedures.
(A) Tanks, valves, couplings,
regulators, hose, and apparatus must be free from oily or greasy substances. Do
not handle oxygen tanks or apparatus with oily hands or gloves. Never allow a jet
of oxygen to strike an oily surface, greasy clothes, or enter a fuel oil or other
storage tank.
(B) Handling tanks.
(i) Unless tanks are secured
on a special truck, remove regulators and install valve-protection caps, when provided,
before moving tanks.
(ii) Close tank valves when
work is done.
(iii) Close valves of empty
tanks.
(iv) Do not use a hammer
or wrench to open tank valves. If opening the valve by hand does not work, check
with the supplier.
(v) Do not repair or tamper
with tank valves. Notify the supplier if you have trouble with a tank and follow
their instructions as to its disposition.
(vi) Do not remove the stem
from a diaphragm-type tank.
(C) Attachments and use.
(i) Fuel-gas tanks must have
the valve end up when they are in use. Store and ship liquefied gases with the valve
end up.
(ii) Before removing a regulator
from a tank valve, close the tank valve and release the gas from the regulator.
(iii) Do not use regulators
with cracked, broken, or defective parts.
(iv) Before attaching the
regulator to a tank, fully release the regulators pressure adjusting screw.
(v) Close the tank valve
and release the gas from the regulator before removing it from the tank.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06
Division 4/Q, Welding
437-004-2310
General Requirements
(1) Scope. This subdivision applies
to agricultural welding, except the following types for which Subdivision 2/Q applies:
(a) Production type or amount
of welding.
(b) Welding in confined spaces
like tanks, vats, pits, or those defined in Subdivision 4/J, OAR 437-004-1250(1).
This section (4/Q) covers some confined space welding topics. In those cases, follow
this section in addition to the rules in Subdivision 2/Q.
(c) Welding with toxic or
dangerous coatings or fluxes. This includes manganese, lead, zinc, cadmium, mercury,
beryllium, or fluorine compounds.
(d) Welding or heating galvanized
materials.
(2) Definition. Welder and
welding operator is any operator of electric or gas welding and cutting equipment.
(3) Fire prevention and protection.
(a) Basic precautions. The
basic precautions for fire prevention in welding or cutting work are:
(A) Fire hazards. Move either
the object you are welding or cutting or any movable fire hazards in the area to
a safe place.
(B) Guards. If you can move
neither of the above, then use guards to confine the heat, sparks and slag to protect
the immovable fire hazards.
(b) Special precautions.
When the work falls within the scope of (3)(a)(B) above, additional precautions
may be necessary:
(A) Combustible material.
Wherever there are floor openings or cracks in the flooring, close them or take
precautions so that sparks will not drop through to combustible materials on the
floor below. Use the same precautions with cracks or holes in walls, open doorways
and open or broken windows.
(B) Fire extinguishers. Keep
appropriate fire extinguishing equipment ready for use.
(4) Before beginning. Before
beginning, block portable equipment to prevent accidental movement.
(5) Welding or cutting containers.
(a) Clean first. Do not weld,
use a torch or do abrasive cutting or other hot work on drums, barrels, tanks or
other containers until they have been cleaned so that there are no flammable materials
present or any substances that when subjected to heat, might produce flammable or
toxic vapors. Disconnect and/or blank any pipe lines or connec- tions to the drum
or vessel.
(b) Test often. Use testing
equipment prior to and frequently during the welding, torch or abrasive cutting
or other hot work to insure that the container is free and remains free of flammable
or toxic vapors.
(c) Vent and purge. Vent
all hollow spaces, cavities or containers to air or allow gases to escape before
preheating, cutting or welding.
(6) Protection of personnel.
(a)(A) General.
(B) Cable. Put welding cable
and other equipment so that it is clear of passageways, ladders and stairways.
(b) Eye protection.
(A) Selection.
(i) Use helmets or hand shields
when arc welding or arc cutting, excluding submerged arc welding. Helpers or attendants
must use proper eye protection.
(ii) Use goggles or other
suitable eye protection when gas welding or oxygen cutting. Spectacles without side
shields, with suitable filter lenses are acceptable for gas welding on light work,
for torch brazing or for inspection.
(iii) All operators and attendants
of resistance welding or resistance brazing equipment must use transparent face
shields or goggles, depending on the particular job, to protect their faces or eyes.
(iv) Provide suitable goggles
for brazing work not covered in (6)(b)(A)(i) through (6)(b)(A)(iii) above.
(B) Specifications for protectors.
(i) Helmets and hand shields
must be an insulator for heat and electricity. Helmets, shields and goggles must
not be flammable and must withstand sterilization.
(ii) Wear helmets and hand
shields to protect the face, neck and ears from direct radiant energy from the arc.
(iii) “Lift front”
welders’ helmets must have a stationary safety glass on the inside of the
frame next to the eyes to protect the welder from flying particles when the front
is up. Where lens containers do not permit the use of safety glass, wear safety
goggles.
(iv) When not using the “lift
front” helmet with three glasses or when using the flat type helmet, wear
other spectacle-type safety goggles in addition to the filter lens and cover glass.
(v) Use vented goggles to
prevent fogging of the lenses as much as practicable.
(vi) Lenses must be tempered
glass, substantially free from scratches, air bubbles, waves and other flaws.
(vii) Lenses must have permanent
distinctive markings to show the source and shade.
NOTE: The following is a guide for
the selection of the proper shade numbers. These recommendations may vary to meet
the individual’s needs.
Selection guide.
(viii) Filter lenses must
meet the test for transmission of radiant energy prescribed by any of the consensus
standards listed below:
(I) ANSI Z87.1-2003, “American
National Standard Practice for Occupational and Educational Eye and Face Protection;”
(II) ANSI Z87.1-1989 (R-1998),
“American National Standard Practice for Occupational and Educational Eye
and Face Protection;” or
(III) ANSI Z87.1-1989, “American
National Standard Practice for Occupational and Educational Eye and Face Protection.”
NOTE: The Oregon OSHA Resource Center
has copies for public review at 350 Winter Street NE, Salem OR 97309-0405.
(c)(A) Protective clothing. Protect
employees exposed to the hazards created by welding, cutting or brazing with personal
protective equipment according to 4/I, OAR 437-004-1005.
(B) Material. Do not wear
clothing that is easily ignited or highly flammable, like that made from synthetic
materials.
(d) Work in confined spaces.
(A) General. Where a welder
must enter a confined space, follow the rules for confined space work elsewhere
in this Subdivision, 4/Q, and in 4/J, 437-004-1250.
(B) Ventilation. Ventilation
is a prerequisite to work in confined spaces. For ventilation requirements see OAR
437-004-2310(7).
(C) Securing cylinders and
machinery. When welding or cutting is done in any confined space, the gas cylinders
and welding machines must be left on the outside. Before starting, block heavy portable
equipment wheels to prevent accidental movement.
(D) Electrode removal. When
you stop arc welding for a period of time, like lunch or overnight, remove all electrodes
from the holders and turn the machine off.
(E) Gas cylinder shutoff.
When you stop gas welding or cutting for a period of time, like lunch or overnight,
close the torch valves and shut off the gas supply to the torch at a point outside
the confined area.
(7) Health protection and
ventilation.
(a) General. Use general
ventilation or a local exhaust system to keep the amount of toxic fumes, gases,
or dusts below the limits in 4/Z, 437-004-9000.
(b)(A) Ventilation for general
welding and cutting.
(B) General. Use mechanical
ventilation when welding or cutting on metals not covered in (7)(e) through (7)(h)
below. (For specific materials, see the ventilation requirements of (7)(e) through
(7)(h) below.)
(i) In a space of less than
10,000 cubic feet (284 m3) per welder.
(ii) In a room having a ceiling
height of less than 16 feet (5 m).
(iii) In confined spaces
or where the welding space contains partitions, balconies or other structural barriers
to the extent that they significantly obstruct cross ventilation.
(c)(A) Local exhaust hoods
and booths. Mechanical local exhaust ventilation may be by means of either of the
following:
(B) Hoods. Place movable
hoods as close as practical to the work and with enough airflow for a velocity in
the direction of the hood of 100 linear feet (30 m) per minute in the welding zone.
The rates of ventilation to get this control velocity using a 3-inch (7.6 cm) wide
flanged suction opening are in the following table: [Tables not included. See ED.
Note.]
(d) Ventilation in confined
spaces.
(A) Air replacement. Ventilate
all welding and cutting in confined spaces to prevent the build-up of toxic materials
or possible oxygen deficiency. This applies not only to the welder but also to helpers
and other people in the area. Air replacing the withdrawn air must be clean and
respirable.
(B) Airline respirators.
Where it is impossible to provide such ventilation, use air-line respirators or
hose masks approved by the Mine Safety and Health Administration and the National
Institute for Occupational Safety and Health.
(C) Self-contained units.
In areas immediately dangerous to life or health (IDLH), use self-contained breathing
equipment. Use breathing equipment approved by the National Institute for Occupational
Safety and Health.
(D) Outside helper. When
welding in confined spaces and where welders and helpers use hose masks, hose masks
with blowers or self-contained breathing equipment approved by the Mine Safety and
Health Administration and the National Institute for Occupational Safety and Health,
a worker must be on the outside of the confined space to insure the safety of those
working within.
(E) Oxygen for ventilation.
Never use oxygen for ventilation.
(e) Cleaning compounds.
(A) Manufacturer’s
instructions. In the use of cleaning materials, because of their possible toxicity
or flammability, follow appropriate precautions such as manufacturer’s instructions.
(B) Degreasing. Degreasing
and other cleaning involving chlorinated hydrocarbons must be where no vapors will
reach or be drawn into the atmosphere surrounding any welding operation. In addition,
keep trichloroethylene and perchlorethalene out of atmospheres penetrated by the
ultraviolet radiation of gas-shielded welding operations.
(f) Preservative coatings.
(A) Test first. Before welding,
cutting or heating on any surface covered by a preservative coating whose flammability
is unknown, a competent person must test to determine its flammability.
(B) Strip if needed. Prevent
ignition of highly flammable hardened preservative coatings. When coatings are known
to be highly flammable, strip them from the area to be heated to prevent ignition.
(g) Toxic preservative coatings.
(A) Enclosed spaces. In enclosed
spaces, strip all surfaces covered with toxic preservatives of all toxic coatings
for a distance of at least 4 inches from the area of heat application or the employees
must use a respirator that protects them from toxic vapors.
(B) Strip if needed. Remove
the preservative coatings a sufficient distance from the area to be heated to ensure
that the temperature of the unstripped metal will not increase appreciably. Artificial
cooling of the metal surrounding the heated area is acceptable to limit the size
of the area you must clean.
(h) Cutting of stainless
steels. Oxygen cutting, using either a chemical flux or iron powder or gas-shielded
arc cutting of stainless steel, must include mechanical ventilation adequate to
remove the fumes.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 2-2010, f. & cert. ef. 2-25-10
437-004-2350
Oxygen-Fuel Gas Welding and Cutting
(1) Scope. This subdivision applies
to agricultural welding, except the following types that are covered by Subdivision
2/Q:
(a) Production type or amount
of welding.
(b) Welding in confined spaces
like tanks, vats, pits, or those defined in 4/J, OAR 437-004-1250(1). This section
(4/Q) covers some confined space welding topics. In those cases, follow this section
in addition to the rules in 2/Q.
(c) Welding with toxic or
dangerous coatings or fluxes. This includes manganese, lead, zinc, cadmium, mercury,
beryllium, or fluorine compounds.
(d) Welding or heating galvanized
materials.
(2) General requirements.
(a) Flammable mixture. Do
not use any device or attachment, not approved for the purpose, that allows air
or oxygen to mix with flammable gases prior to consumption, except at the burner
or in a standard torch.
(b) Maximum pressure. Never
generate (except in approved cylinder manifolds), pipe or use acetylene at a pressure
in excess of 15 p.s.i.g. (103 kPa gauge pressure) or 30 p.s.i.a. (206 kPa absolute).
(The 30 p.s.i.a (206 kPa absolute) limit is to prevent unsafe use of acetylene in
pressurized chambers such as caissons, underground excavations or tunnel construction.)
This requirement does not apply to storage of acetylene dissolved in a suitable
solvent in cylinders manufactured and maintained according to U.S. Department of
Transportation requirements, or to acetylene for chemical use. Never use liquid
acetylene for any purpose.
(c) Apparatus. Use only approved
apparatus such as torches, regulators or pressure-reducing valves.
(3) Cylinders and containers.
(a) Approval and marking.
(A) DOT. All portable cylinders
used for the storage and shipment of compressed gases must meet regulations of the
U.S. Department of Transportation, 49 CFR parts 171–179.
(B) Markings. Compressed
gas cylinders must have legible markings that identify the gas content. They must
show either the chemical or the trade name of the gas. These markings must not be
easily removable. If possible, the marking must be on the shoulder of the cylinder
and conform to the American National Standard Method for Marking Portable Compressed
Gas Containers to Identify the Material Contained, ANSI/CGA C-4, 1990.
(C) Connections. Compressed
gas cylinders must have connections that comply with the American National Standard
Compressed Gas Cylinder Valve Outlet and Inlet Connections, ANSI/CGA V-1, 1987.
(D) Protection cap. All cylinders
with a water weight capacity of more than 30 pounds (13.6 kg) must have a means
of connecting a valve protection cap or a collar or recess to protect the valve.
(b) Storage of cylinders,
General.
(A) No heat. Keep cylinders
away from radiators and other sources of heat.
(B) Inside storage. Inside
buildings, store cylinders in a well-protected, well-ventilated, dry location, at
least 20 feet (6.1 m) from highly combustible materials such as oil or excelsior.
Locate storage spaces where cylinders will not be knocked over or damaged by passing
or falling objects. Do not keep cylinders in unventilated enclosures such as lockers
and cupboards.
(C) Empties. Empty cylinders
must have their valves closed.
(D) Caps. Valve protection
caps must always be in place, hand-tight, except when cylinders are in use or connected
for use.
(E) Secure. Securely lash
cylinders in place when necessary to prevent them from falling.
(c) Fuel-gas cylinder storage.
Store acetylene cylinders valve end up.
(d) Oxygen cylinder storage.
(A) Oxygen storage. Do not
store oxygen cylinders:
(i) Near highly combustible
material, especially oil and grease;
(ii) Near reserve stocks
of carbide and acetylene or other fuel-gas cylinders, or any other substance likely
to cause or accelerate fire.
(B) Not near fuel cylinders.
Separate stored oxygen cylinders from fuel-gas cylinders or combustible materials
(especially oil or grease), by at least 20 feet (6.1 m) or by a noncombustible barrier
at least 5 feet (1.5 m) high with a fire-resistance rating of at least one-half
hour.
(e) Operating procedures.
(A) No oil or grease. Cylinders,
cylinder valves, couplings, regulators, hose, and apparatus must be free from oily
or greasy substances. Do not handle oxygen cylinders or apparatus with oily hands
or gloves. Never allow a jet of oxygen to strike an oily surface, greasy clothes,
or enter a fuel oil or other storage tank.
(B) Handling cylinders.
(i) Do not drop cylinders
or allow them to strike each other.
(ii) Do not use valve-protection
caps to lift cylinders from one vertical position to another. Do not use bars under
valves or valve-protection caps to pry cylinders loose when frozen to the ground
or otherwise fixed.
(iii) Unless cylinders are
secured on a special truck, remove regulators and install valve-protection caps,
when provided, before cylinders are moved.
(iv) Cylinders without fixed
hand wheels must have keys, handles or non-adjustable wrenches on valve stems while
they are in service. In multiple cylinder installations a single key or handle is
acceptable for each manifold.
(v) Close cylinder valves
before moving cylinders.
(vi) Close cylinder valves
when work is done.
(vii) Close valves of empty
cylinders.
(viii) Keep cylinders far
enough away from the actual welding or cutting operation so that sparks, hot slag,
or flame will not reach them. Otherwise, provide fire-resistant shields.
(ix) Do not set cylinders
where they might become part of an electric circuit. Never tap an electrode against
a cylinder to strike an arc.
(x) Do not use cylinders
as rollers or supports, whether full or empty.
(xi) Do not use cylinders
with altered or defaced numbers and markings.
(xii) Only the gas supplier,
may mix gases in a cylinder. Only the owner of the cylinder or person authorized
by them, may refill a cylinder.
(xiii) Do not allow anybody
to tamper with safety devices in cylinders or valves.
(xiv) Do not drop or roughly
handle cylinders.
(xv) Unless connected to
a manifold, do not use oxygen from a cylinder without first attaching an oxygen
regulator to the cylinder valve. Before connecting the regulator to the cylinder
valve, open the valve slightly for an instant and then close it. Always stand to
one side of the outlet when opening the cylinder valve.
(xvi) Do not use a hammer
or wrench to open cylinder valves. If opening the valve by hand doesn’t work,
notify the supplier.
(xvii)(I) Do not repair or
tamper with cylinder valves. Notify the supplier if you have trouble with a cylinder
and follow their instructions as to its disposition.
(II) Do not remove the stem
from a diaphragm-type cylinder.
(C) Attachments and use.
(i) Fuel-gas cylinders must
have the valve end up when they are in use. Store and ship liquefied gases with
the valve end up.
(ii) Before connecting a
regulator to a cylinder valve, open the valve slightly and then close it immediately.
Never crack a fuel-gas cylinder valve near other welding work or near sparks, flame,
or other possible sources of ignition.
(iii) Before removing a regulator
from a cylinder valve, close the cylinder valve and release the gas from the regulator.
(iv) There can be nothing
on top of an acetylene cylinder when in use that may damage the safety device or
interfere with the quick closing of the valve.
(v) If closing the valves
will not stop leaks in cylinders and attachments, take them outdoors away from sources
of ignition and allow them to slowly empty.
(vi) Put a warning near cylinders
with leaking fuse plugs or other leaking safety devices. It must warn employees
not to approach them with a lighted cigarette or other source of ignition. Plainly
tag the cylinder and notify the supplier. Follow their instructions.
(vii) Do not tamper with
safety devices.
(viii) Never use fuel-gas
from cylinders through torches or other devices with shutoff valves without reducing
the pressure through a suitable regulator attached to the cylinder valve or manifold.
(ix) Always open the cylinder
valve slowly.
(x) Do not open an acetylene
cylinder valve more than one and one-half turns of the spindle, and preferably no
more than three-fourths of a turn.
(xi) If a cylinder takes
a special wrench leave it in position on the stem of the valve while the cylinder
is in use. For manifolded or coupled cylinders at least one such wrench must always
be available for immediate use.
(xii) Do not use regulators
with cracked, broken, or defective parts.
(xiii) Inspect union nuts
and connectors on regulators before use. Do not use those with faulty seats.
(xiv) Before attaching the
regulator to a cylinder, fully release the regulator’s pressure adjusting
screw.
(xv) Close the cylinder valve
and release the gas from the regulator before removing it from the cylinder.
(D) Blowpipes and torches.
(i) Approved backflow preventer
or flashback preventers must be between the blowpipe or torch and the hoses.
(ii) Use only friction lighters,
stationary pilot flames or other recognized sources of ignition to ignite torches.
Do not use matches or other hand held open flames.
(iii) When welding or cutting
stops for an extended period of time, for example, during the lunch break, overnight
or longer:
(I) Close the oxygen and
fuel-gas cylinder or manifold valves;
(II) Open torch valves momentarily
to release all gas pressure from the hoses and then close them;
(III) Release the regulator
pressure adjusting screws; and
(IV) When the welding or
cutting stops for a few minutes, closing only the torch valves is acceptable.
(iv) Follow the manufacturer’s
procedures for the sequence of operations in lighting, adjusting, and extinguishing
blowpipe flames and connecting to the gas supply.
(v) Use a suitable cylinder
truck, chain or steadying device to secure cylinders while in use.
(vi) Post signs conspicuously
in fuel-gas storage areas. They must say, “DANGER — NO SMOKING, MATCHES
OR OPEN LIGHTS,” or equivalent wording.
(vii) Acetylene gas must
not contact unalloyed copper except in a blowpipe or torch.
(viii) Do not use oxygen
in pneumatic tools, in oil preheating burners, to start internal-combustion engines,
to blow out pipelines, to “dust” clothing or work, to create pressure,
or for ventilation.
(ix) After connecting welding
or cutting apparatus to oxygen and fuel-gas cylinders, or when starting to reuse
the apparatus after a half hour or more, let each gas flow through its respective
hose separately for a few seconds to purge the hose of any mixture of gases.
(x) Never put down a torch
unless the oxygen and fuel-gas have been completely shut off at the torch.
NOTE: Regulation of manifolds, piping
systems, acetylene generators and calcium carbide are found in Division 2, 1910.253.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-2400
Arc Welding and Cutting
(1) Scope. This subdivision applies
to agricultural welding, except the following types that are covered by Subdivision
2/Q:
(a) Production type or amount
of welding.
(b) Welding in confined spaces
like tanks, vats, pits, or those defined in 4/J, OAR 437-004-1250(1). This section
(4/Q) covers some confined space welding topics. In those cases, follow this section
in addition to the rules in 2/Q.
(c) Welding with toxic or
dangerous coatings or fluxes. This includes manganese, lead, zinc, cadmium, mercury,
beryllium, or fluorine compounds.
(d) Welding or heating galvanized
materials.
(2) Instruction. Only trained
and qualified workers will be allowed to run arc welding equipment.
(3) Application of arc welding
equipment.
(a) General. Equipment that
complies with the Requirements for Electric Arc-Welding Apparatus, NEMA EW-1-1983,
National Electrical Manufacturers Association or the Safety Standard for Transformer-Type
Arc-Welding Machines, ANSI/UL 551, 1993, Underwriters’ Laboratories assures
consideration of safety in design.
(b) Voltage. Do not exceed
the following limits:
(A) Alternating-current machines.
(i) Manual arc welding and
cutting — 80 volts.
(ii) Automatic (machine or
mechanized) arc welding and cutting — 100 volts.
(B) Direct-current machines.
(i) Manual arc welding and
cutting — 100 volts.
(ii) Automatic (machine or
mechanized) arc welding and cutting — 100 volts.
(C) Special processes. When
special welding and cutting processes require higher open circuit voltages than
those above, there must be a way to prevent the operator from making accidental
contact with the high voltage.
(4) Installation of arc welding
equipment.
(a) General. Installation
including power supply must be according to the requirements of subdivision 4/S.
(b) Grounding. Ground the
frame or case of the welding machine (except engine-driven machines) according to
subdivision 4/S.
(5) Operation and maintenance.
(a) Machine hook up. Before
starting operations check all connections to the machine to make certain they are
properly made. The work lead must be firmly attached to the work; magnetic work
clamps must be free from adherent metal particles of spatter on contact surfaces.
Coiled welding cable must be spread out before use to avoid serious overheating
and damage to insulation.
(b) Grounding. Check the
grounding of the welding machine frame. Give special attention to safety ground
connections of portable machines.
(c) Manufacturers’
instructions. Follow the printed rules and instructions supplied by the manufacturers.
(d) Electrode holders. When
not in use place electrode holders so they cannot make electrical contact with persons,
conducting objects, fuel or compressed gas tanks.
(e) Electric shock. Do not
use cables with splices within 10 feet (3 m) of the holder.
(f) Damage. Do not use work
lead cables or electrode lead cables with damaged insulation or exposed conductors.
(g) Cable. Do not coil or
loop the electrode cable around your body.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
Electricity
437-004-2810
General Requirements
(1) Scope. This standard (4/S) covers
electrical work and equipment in buildings and on premises. It applies to all work
and equipment covered by other sections of Subdivision 4/S.
(2) Unless stated otherwise
in OAR 437-004-2810 through 437-004-3075, all electrical work, equipment and systems
must comply with standards under the jurisdiction of the Oregon Building Codes Division,
Department of Consumer and Business Services.
(3) Do not allow employees
to work near live power sources without protection from shock.
(4) Isolate exposed live
electrical conductors from contact by persons or equipment.
NOTE: Paragraphs (3) and (4) above
do not apply to electric fences or containment devices.
(5) Lights 7 feet or closer to the floor
or work surface must have a guard, fixture or holder to protect the bulb or tube
from breakage.
(6) Only qualified persons,
authorized by the employer may make electrical repairs. (See Subdivision 4/B.)
(7) Install or remove fuses
from live terminals only with special tools insulated for the voltage.
(8) When the exact location
of underground electric power lines is unknown, workers using jackhammers, bars
or other hand tools that may contact a line must use insulated protective gloves.
(9) Before beginning work
near exposed lines or equipment, the employer must determine if they are live. If
they are, you must advise the employees of the position of the lines, the hazards
involved and the protective measures they must use.
(10) Before beginning work
like digging, drilling or remodeling, that may lead to hidden power sources the
employer must locate them and determine their voltage. Locate underground lines
by calling 1-800-332-2344 or in the Portland Metropolitan area 246-6699. The employer
must then:
(a) Post and maintain proper
warning signs where such circuits exist; and
(b) Advise the employees
of the position of the lines, the hazards involved and the protective measures they
must use.
NOTE: If the work covered by (8)
and (9) above might involve voltages over 750v, see OAR 437-004-3050.
(11) There must be sufficient space
near electrical equipment to permit safe operation and maintenance.
(a) Near exposed parts, the
minimum clearance from floor to ceiling must be at least 76 inches. There must be
a clear radius of at least 36 inches in front of the panel.
(b) There must be enough
clearance to permit at least a 90 degree opening of all doors or hinged panels.
(c) Do not store anything
in front of electrical panels.
(12) There must be suitable
barriers or other means to ensure that work space for electrical equipment is not
used as a passageway when energized parts are exposed.
(13) Require workers to report
all electric shocks to management or supervisors immediately.
(a) Check the equipment causing
the shock and remove from service or repair it before further use.
(14) Electrical equipment
must be free from recognized hazards that may cause death or serious physical harm.
Use the criteria below to determine the safety of equipment.
(a) Electrical equipment
must be listed or labeled, except custom-made components and utilization equipment.
(See Division 4/B, OAR 437-004-0100, for definitions of listed and labeled.)
(b) Mechanical strength and
durability, and for parts that enclose and protect other equipment, the adequacy
of the protection.
(c) Classification by type,
size, voltage, current capacity or specific use.
(d) Other factors that contribute
to the practical safeguarding of employees using or likely to contact the equipment.
(15) Follow manufacturer’s
instructions or recommendations when installing listed or labeled equipment.
(16) In wet or damp locations,
use only fixtures approved for that purpose. Install them so that water cannot enter
or accumulate in wireways, lampholders, or other electrical parts.
(17) All pull boxes, junction
boxes and fittings must have approved covers. Metal covers must be grounded.
(18) All wall plugs and switches
must have approved, unbroken covers or faceplates and no broken parts.
(19) Receptacles, plugs,
fixtures, lamp-holders lamps and other holders and outlets must have no exposed
live parts.
NOTE: Rosettes and cleat-type lamp-holders
may have exposed parts if they are 8 feet or higher above the floor.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06
437-004-2850
Temporary Lighting and Wiring
(1) Temporary Wiring.
(a) Walkways and similar
locations must be kept clear of power cords.
(b) Ground all temporary
wiring.
(c) Keep wiring equipment
as vapor, dust, or fiber tight as intended by the manufacturer. There must be no
loose or missing screws, gaskets, threaded connections, or other impairments to
this tight condition.
(d) Take precautions to make
open wiring inaccessible to unauthorized personnel.
(e) Temporary electrical
power and lighting installations are acceptable during construction, remodeling,
maintenance, repair, or demolition of buildings, structures, equipment, or similar
activities.
(f) Temporary electrical
power and lighting installations are acceptable for not more than 90 days for decorative
lighting and as in (e) above.
(2) Temporary Lighting.
(a) Temporary lights must
be at least 7 feet above the work surface or have guards to prevent contact with
the bulb.
(b) Temporary lights must
have electric cords, connections and insulation rated for their use.
(c) Do not suspend temporary
lights by their cords unless the manufacturers’ instructions allow the practice.
(d) Do not use brass shell,
paper lined portable hand lamp holders. Hand lamps must have a handle and a substantial
guard over the bulb.
(e) Portable extension lamps
used where flammable vapors, gases, combustible dusts, easily ignitible fibers or
flyings are present, must be approved for the type of hazard involved. Do not modify,
repair or add to these systems without approval of the manufacturer.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-2860
Flexible Cable and Extension Cords
(1) Extension cords used with portable
electric tools and appliances must be at least three-wire type and have an approved
grounding plug and receptacle providing ground continuity.
(2) Use only extension cords
rated for the intended use.
(3) Do not use worn or frayed
electric cords and cables.
(4) Protect flexible cables
and extension cords against damage caused by traffic, sharp corners, pinching or
projections.
(5) Cover or elevate cables
that pass through work areas to protect them from damage.
(6) Do not use staples to
fasten flexible cables and extension cords. Do not hang them from nails or suspend
them by wire.
(7) Do not use flexible cables
and extension cords as a substitute for fixed structural wiring.
(8) Flexible cables and extension
cords must not run through holes in walls, ceilings, or floors or through doorways,
windows, or similar openings, except during construction.
(9) Electrical conductors
must be spliced or joined in splicing devices suitable for the use, by brazing,
welding or soldering with a fusible metal or alloy.
(a) Secure soldered splices
first mechanically and electrically without solder, then solder. (Use rosin-core
solder, NOT acid core solder, when joining electrical conductors.)
(b) Insulation on splices
and joints and the free ends of conductors must be equivalent to the original insulation.
(c) Splices for flexible
cords must provide flexibility and use characteristics of the original cord. Vulcanized
splices or equivalent means, such as shrinkable materials, are acceptable for repairs.
(10) Do not plug extension
cords together to make them longer.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-2870
Attachment Plugs and Receptacles
(1) Attachment plugs must be heavy enough
to endure rough use and have a suitable cord grip to prevent strain on the terminal
screws.
(2) Use only approved, grounding
type attachment plugs.
(3) Use only approved concealed
contact type receptacles for attachment plugs. They must extend ground continuity.
They must allow removal of the plug without exposing live parts to contact.
(4) Polarized attachment
plugs, receptacles and cord connectors must have proper continuity.
(5) Use only attachment plugs,
receptacles and cord connectors that have the grounded (common) terminal conductor
identified. If the terminal is not visible, the connection hole must be marked with
the word “white."
(6) The terminal for the
equipment grounding conductor (bare wire) must have:
(a) A green colored, not
easily removable terminal screw with hexagonal head; or
(b) A green colored, hexagonal,
not easily removable terminal nut; or
(c) A green colored pressure
wire connector.
(d) If the terminal for the
grounding conductor is not visible, mark the conductor entrance hole with the word
“green” or otherwise identify it with the color green.
(e) A grounded conductor
must not be attached to any terminal or lead to reverse the designated polarity.
(7) Where portable cords
supply different voltages or types of current (A.C. or D.C.) receptacles and attachment
plugs must not be interchangeable.
(8) Attachment plugs or other
connectors supplying equipment at more than 300 volts must have skirts or otherwise
confine arcs.
(9) Do not use a grounding
terminal or grounding-type device on a receptacle, cord connector, or attachment
plug for purposes other than grounding.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-2880
Cord and Plug-Connected Equipment
(1) Portable or plug-connected equipment
with noncurrent-carrying metal parts must be grounded.
(2) It is not necessary to
ground portable tools and appliances with approved double insulation, or its equivalent,
but they must have distinctive markings.
(3) Ground exposed noncurrent-carrying
metal parts of fixed electrical equipment, including motors, frames, electrically
driven machinery, refrigerators, freezer, electric ranges, clothes dryers, etc.
(4) Cord and plug-connected
high-pressure spray washing machines must have a factory installed ground-fault
circuit interrupter that is an integral part of the attachment plug or is in the
supply cord within 12 inches of the attachment plug.
(5) Enclose or separate parts
of electric equipment that in ordinary operation produces arcs, sparks, flames,
or molten metal. Isolate this equipment from all combustible material.
(6) Do not use electrical
equipment without descriptive markings that identify the approving organization
(such as U.L.) for the product. Other markings that give voltage, current, wattage,
or other ratings as necessary must also be visible.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-2900
Grounding and Bonding
(1) The path from circuits, equipment,
structures, and conduit enclosures to ground must be permanent and continuous with
enough capacity to conduct safely the currents that might be imposed on it. The
path must also have impedance low enough to limit the potential above ground and
to result in the operation of the over current devices in the circuit.
(2) Driven rod electrodes
must, where practicable, have a resistance to ground not to exceed 25 ohms. Where
the resistance is not as low as 25 ohms, use two or more electrodes connected in
parallel.
(3) Check grounding circuits
to ensure that the circuit between the ground and the grounded power conductor has
a resistance low enough to permit enough current to flow to cause the fuse or breaker
to interrupt the circuit.
(4) Conductors used for bonding
and grounding stationary and moveable equipment must be able to carry the anticipated
current.
(5) Outside conductors, 600
volts, nominal or less. Paragraphs (a), (b), (c), and (d) below apply to branch
circuit, feeder, and service conductors rated 600 volts, nominal, or less and run
outdoors as open conductors. Paragraph (e) below applies to lamps installed under
these conductors.
(a) Conductors on poles must
provide a horizontal climbing space not less than the following:
(A) Power conductors below
communication conductors — 30 inches.
(B) Power conductors alone
or above communication conductors: 300 volts or less — 24 inches; more than
300 volts — 30 inches.
(b) Clearance from ground
to open conductors must conform to the following minimum clearances:
(A) 10 feet above finished
grade, sidewalks, or from any platform or projection from which they might be reached.
(B) 12 feet over areas subject
to vehicle traffic other than truck traffic.
(C) 15 feet over areas other
than those in paragraph (5)(b)(D) below, where there may be truck traffic.
(D) 18 feet over public streets,
alleys, roads, and driveways.
(c) Conductors must have
a clearance of at least 3 feet from windows, doors, porches, fire escapes, or similar
locations. Conductors run above the top level of a window do not have to be 3 feet
away.
(d) Conductors must have
a clearance of not less than 8 feet from the highest point of roofs over which they
pass, except that:
(A) Where the voltage between
conductors is 300 volts or less and the roof has a slope of not less than 4 inches
in 12, the clearance from roofs must be at least 3 feet; or
(B) Where the voltage between
conductors is 300 volts or less and the conductors do not pass over more than 4
feet of the overhang portion of the roof and they terminate at a through-the-roof
raceway or approved support, the clearance from roofs must be at least 18 inches.
(e) Lamps for outdoor lighting
must be below all live conductors, transformers, or other electric equipment, unless
the equipment has a disconnecting means that is lockable in the open position or
unless there are adequate clearances or other safeguards for lamp replacement.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-2950
Switches and Circuit Breakers
(1) There must be at least 3 feet of
clear space in front of switch centers or panels. Passageways to switch centers
or panels must be unobstructed.
(2) There must be enclosures
or screens around live parts of electrical switchboards and panelboards.
(3) Each disconnecting means
for motors and appliances, and each service feeder or branch circuit at the point
where it originates, must have legible markings to indicate their purpose unless
the purpose is evident.
(4) Locate or shield disconnecting
means to avoid injury to employees. Do not use open knife switches.
(5) Securely mount boxes
for disconnecting means and keep their covers in place.
(6) Boxes and disconnecting
means in damp or wet locations must be waterproof.
(7) There must be sufficient
light for all indoor working spaces around service equipment, switchboards, panelboards,
and motor control centers.
(8) The minimum headroom
of working spaces around service equipment, switchboards, panelboards, or motor
control centers must be 6 feet 3 inches.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-3000
Identification and Load Ratings
(1) Name plates, rating data, and marks
of identification on electrical equipment and electrically operated machines must
be present and legible.
(2) Do not change the circuit
protection in existing installations to increase the load to more than the load
rating of the circuit wiring.
(3) Do not allow tampering,
bridging, or using oversize fuses. Require workers to report immediately to management
or a qualified electrician, any fuses or breakers that blow repeatedly.
(4) Do not attempt to restart
electric motors that kick out repeatedly.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-3050
Work Near Overhead Lines
Clearance or Safeguards Required
NOTE: High voltage is 750 v or higher.
(1) Isolate exposed overhead conductors
from contact by persons or equipment.
(2) Do not store irrigation
pipe within 100 feet of overhead high voltage conductors.
(3) Do not allow upending
if irrigation pipe is within 100 feet of overhead conductors.
(4) Do not set up or operate
any part of a water or irrigation system, or any other device that discharges a
conductive liquid, so that the discharge is toward or may come within 10 feet of
overhead high-voltage lines or any other exposed electric conductor.
(5) Do not require or permit
an employee to pass or work near high-voltage lines, unless you effectively guard
against danger from contact.
(6) No work activity may
bring workers or equipment within 10 feet of high-voltage lines.
(7) Do not operate equipment
or machines near power lines except:
(a) When electrical distribution
and transmission lines are deenergized and visibly grounded at the point of work
or where insulating barriers are in place to prevent physical contact with the lines;
(b) For lines rated 50 kV.
or below, minimum clearance between the lines and any part of the object must be
10 feet;
(c) For lines rated more
than 50 kV. minimum clearance between the lines and any part of the object must
be 10 feet plus 0.4 inches for each 1 kV., more than 50 kV., or twice the length
of the line insulator but never less than 10 feet.
(d) In transit, the clearance
must be a minimum of 4 feet for voltages less than 50 kV., 10 feet for voltages
more than 50 kV. up to and including 345 kV., and 16 feet for voltages up to and
including 750 kV.
(e) A person must observe
clearances and give timely warning for all work where it is difficult for the operator
to maintain the desired clearance by sight.
(8) Warning Sign Required: The employer must post and keep in plain view of the operator on each derrick, power
shovel, drilling rig, hay loader, hay stacker or similar apparatus, any part of
which is capable of vertical, lateral or swinging motion, a warning sign legible
at 12 feet reading “Unlawful to operate this equipment within 10 feet of high-voltage
lines."
(9) Notification to Power
Company and Responsibility for Safeguards: When any work may be within 10 feet
of any high-voltage line, the person or persons responsible for the work must promptly
notify the power company and is responsible for the completion of required safety
measures before beginning the work.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-3075
Agricultural Buildings with Special
Hazards
(1) Scope. These standards apply to
the following agricultural buildings or parts of buildings or adjacent areas.
(a) Agricultural buildings
where excessive dust and dust with water may accumulate. This includes all areas
of poultry, livestock and fish confinement systems, where litter dust or feed dust,
including mineral feed particles may accumulate.
(b) Agricultural buildings
where a corrosive atmosphere exists. This includes areas where poultry and animal
excrements may cause corrosive vapors; corrosive particles may combine with water;
the area is damp and wet due to periodic washing for cleaning and sanitizing with
water and cleansing agents; or where similar conditions exist.
(2) Wiring. Use types UF,
NMC, copper SE, or other cables or raceways suitable for the location, with approved
termination fittings. Secure all cables within 8 inches of each cabinet, box, or
fitting.
(3) Enclosures. Boxes, fittings,
wiring devices, switches, circuit breakers, controllers and fuses including push-buttons,
relays, and similar devices must have enclosures as in (a) and (b) below.
(a) Buildings with excessive
dust and dust with water must use dustproof and weather proof enclosures.
(b) Buildings with a corrosive
atmosphere must use enclosures for those conditions.
(4) Motors and machines.
Motors and other rotating electrical machinery must be totally enclosed or designed
to minimize the entrance of dust, moisture, or corrosive particles.
(5) Lighting fixtures. Install
lighting fixtures to minimize the entrance of dust, foreign matter, moisture and
corrosive material.
(a) Guard lighting fixtures
exposed to physical damage.
(b) Lighting fixtures exposed
to water must be watertight.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
Miscellaneous
437-004-3100
Excavation
(1) Definition. Excavation — A
man-made cut, hole, pit, trench or depression in the earth.
NOTE: Before any digging you must
comply with Oregon’s “Call Before You Dig” law. Call 1-800-332-2344.
(2) Five feet or more. Employees must
not enter any excavation 5 feet or deeper unless protective systems are in place
to protect from cave-in or sloughing.
(3) Less than 5 feet. Employees
must not enter any excavation less than 5 feet deep when the sides are losing their
shape, are loose or show other signs of being unstable unless protective systems
are in place to protect from cave-in or sloughing.
(4) Strength. Systems installed
in the excavation must be strong enough and engineered to provide protection from
hazards of the particular excavation.
(5) Design. Systems must
be as follows:
(a) Designed by a registered
professional engineer.
(b) Designed using the manufacturer’s
or other tabulated data.
(6) Follow instructions.
When using manufactured systems, follow the instructions and do not exceed the limitations
of the system.
(7) System size. Systems
must extend from the bottom of the excavation to at least the top edge.
(8) Sloping. Sloping is an
acceptable system to protect workers. Sloping must be at a ratio of at least 1 1/2
to 1. That means a horizontal setback of 1 1/2 feet for every 1-foot of trench depth.
(9) Access/Exit. There must
be a safe way, such as a ladder or steps, to get into and out of excavations 4 or
more feet deep. In trenches, these exits must be at least every 25 linear feet.
(10) Water. Workers will
not enter excavations where there is accumulating water, either from ground seepage
or surface run-off, unless there are adequate protections from hazards caused by
the water.
(11) Inspect daily. A person
familiar with these rules and the work must inspect all excavations daily, before
workers enter or reenter.
(12) Spoils and equipment.
Keep soil and material removed from the excavation (spoils) at least two feet away
from the edge of the excavation or restrained. Equipment that could roll or fall
into the excavation must also be at least two feet back or restrained.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06
Vehicles
437-004-3410
Agricultural, Commercial and Industrial
Vehicles
(1) Scope. This applies to all motor
vehicles used by employees.
(2) Definitions.
(a) Agricultural vehicle
— A vehicle specifically designed or modified for use exclusively in agricultural
operations, and not licensed for use on public roads under Oregon laws.
NOTE: Included in this definition is
farm field equipment such as tractors, harvesters, planters or any combination thereof;
unlicensed trucks and wagons or trailers such as feeder trucks or wagons and specialized
crop handling vehicles; and mobile elevating and rotating work platforms such as
orchard aerial lift devices.
(b) Commercial-type vehicles —
Motor vehicles primarily for the transportation of persons or material on roads.
Commercial type vehicles used to transport workers are:
(A) Class ‘A’
vehicle — A bus type vehicle or van that can carry 12 or more workers; or
the “work crew” vehicle built or altered for carrying passengers.
(B) Class ‘B’
vehicle — A vehicle or van especially built for transporting work crews in
compartments separate from the space used to transport supplies, tools and equipment.
(C) Class ‘C’
vehicle — A flatbed, pickup body or dump truck type vehicle, or vehicle of
similar open body construction.
(D) Class ‘D’
vehicle — A passenger car or station wagon type.
NOTE: Typically a bus type vehicle
has two axles and six tires or three or more axles. This does not include vans.
(c) Industrial-type vehicles —
Vehicles designed for non-highway use, primarily for pulling trailers or other mobile
loads, straddle trucks such as lumber carriers, power industrial trucks, and other
types of vehicles especially designed for handling materials.
NOTE: When this rule uses “vehicle”
by itself, it includes all the above definitions.
(3) General requirements.
(a) Operation of vehicles.
(A) Nobody may operate any
unsafe vehicle. Fix unsafe conditions before using it.
(B) Only trained and authorized
employees may operate any vehicle.
(C) Only the operator may
ride on vehicles unless there are safe riding facilities for additional riders.
Persons are never to ride on fenders, axles, hitches, tongues, buckets, forks, drawbars
or any other area not intended to carry passengers.
(D) Do not drive a vehicle
up to anyone who is in front of a stationary object.
(E) The operator must look
in the direction of travel, and have a clear view of the path of travel, unless
guided by a signal person with a clear view of the route.
(F) Except when using a towbar,
keep manual control over vehicles under tow.
(G) Do not stand or walk
under an elevated part of a vehicle whether loaded or empty unless it is blocked
or cribbed according to OAR 437-004-3410(5)(d).
(H) Workers may not be under
loads or units of materials during movement.
(I) Do not overload any vehicle.
Keep loads stable and well balanced.
(J) Employees must not ride
in a loaded or partially loaded cargo space while the vehicle is moving unless the
load is adequately shored, braced, or otherwise secured.
(K) Do not drive a vehicle
with an unstable or insecure load.
(L) Block the wheels and
set the brakes when loading Agricultural Vehicles, Class C, Commercial –Type
Vehicles and Industrial-Type Vehicles who’s movement might cause a hazard.
This does not apply when loading “on the go.”
(M) The parking brake must
be set on parked commercial and industrial vehicles. Block or turn to a curb the
wheels of vehicles parked on an incline.
(N) Do not put arms or legs
between working parts or outside the running lines of vehicles.
(O) Vehicles must have a
safe way of access and exit.
(P) Do not jump on or off
moving vehicles.
(Q) There must be no stunt
driving or horseplay.
NOTE: Appendix A is a reprint of Oregon
Revised Statutes that govern the use of some agricultural vehicles and equipment
on public highways and roads. While Oregon OSHA has the legal authority to cite
these sections, law enforcement officers are the usual source of enforcement. We
offer these laws here as a courtesy to Oregon agricultural employers and in the
interest of employee safety.
(b) Hauling of explosives. Only a driver
and one other person may ride in a vehicle hauling explosives.
(c) Operating near power
lines. For requirements when operating vehicles around high voltage power lines,
see Subdivision 4/S.
(d) Parking. When the operator
of a commercial or industrial vehicle is not at the controls, the brakes must be
set or the wheels blocked to prevent movement. Also, fully lower or block elevated
attachments or components against descent. Unattended vehicles must be shut off.
If parked on a slope, the wheels of commercial and industrial vehicles must be blocked
or chocked.
(e) When towing, there must
be a pin or other positive method of keeping the hitch pin in the hitch.
NOTE: Unattended is when the operator
cannot see the vehicle or when they are more than 25 feet from it.
(4) Vehicle components.
(a) General.
(A) The engine shut-off device
must be within reach of the operator when in their normal operating position.
(B) There must be steps,
ladders, handholds, or grab bars on vehicles for safe access. Steps must have slip-resistant
surfaces.
(C) The operator’s
station and work platforms on all agricultural vehicles must have guardrails or
other fall protection when any of the following conditions exist:
(i) The operator is standing
or not protected from falling by the framework, body, or design of the equipment;
or
(ii) The floor of the operator’s
station is more than 22 inches above the adjacent floor level; or
(iii) The operator’s
station, regardless of height, is located so that a worker could fall into the path
of equipment or into moving parts.
NOTE: For guardrails or similar barricades,
the toprail must be 36 inches to 44 inches above the deck; the railing must have
a midrail except when it would impair the operator’s view to crop gathering
or other functions.
(D) All vehicles loaded by cranes, power
shovels, loaders or similar equipment must have a cab shield or canopy adequate
to protect the operator from shifting or falling materials.
(E) The backs of vehicle
cabs exposed to shifting loads must have a substantial bulkhead or similar device.
(F) Loads must not prevent
doors of vehicle cabs from opening.
(G) When transporting workers
and materials simultaneously, there must be a barrier to protect the workers and
driver from the hazards of the materials. Otherwise, anchor or restrain the load.
(H) Class “A”
and “B” commercial vehicles and industrial vehicles must have seats
and back rests firmly secured in place, and such sides and ends as necessary to
prevent riders from falling off the vehicle.
(I) The operator’s
platform must have a slip-resistant floor.
(J) Operating levers controlling
hoisting or dumping devices on haulage bodies must have a latch or other device
that prevents accidental starting or tripping of the mechanism.
(K) Trip handles for tailgates
of dump trucks must work without endangering the operator.
(L) Surfaces of foot pedals
must be slip resistant or have slip resistant coverings.
(b) Passenger compartments.
(A) Floors and decks must
have safe footing.
(B) Floors and interior of
sides and ends and tops of compartments used for transporting workers must be free
of protruding objects that might cause injury.
(c) Windshields — windows.
(A) Windshields and windows
must be safety glass that meets the requirements for safety glazing material for
use anywhere in a motor vehicle as defined in the American National Standard, Safety
Glazing Materials for Glazing Motor Vehicles Operating on Land Highways, Z26.1-1990,
or a material that will furnish equivalent safety.
(B) Replace defective or
broken glass that impairs the vision of the operator. Remove and replace broken
or shattered glass that could cause injury to occupants.
NOTE: There is no requirement to change
non-safety glass installed as “original equipment” in agricultural vehicles
acquired before March 31, 1975 if it is unbroken. However, when it is replaced,
the replacement glass must be approved safety glass.
(d) Brakes.
(A) All commercial and industrial
vehicles must have brakes that can control them while fully loaded on any grade
over which they might run.
(B) Parking brakes must be
able to hold the loaded vehicle on any grade on which it may park, on any surface
free of ice or snow.
(C) Brakes must be in safe
working condition.
(e) Steering. Use steering
or spinner knobs only if the steering mechanism is a type that prevents road reactions
from causing the steering wheel to spin. The steering knob must be within the periphery
of the wheel.
(f) Lights. Vehicles operated
at night must have sufficient light at the operator’s station.
(5) Inspection, testing,
maintenance, and repair.
(a) Check vehicles as often
as needed to assure that they are in safe operating condition and free of damage
that could cause failure while in use.
(b) Before using it, fix
defects that affect the safe operation of the vehicle.
(c) Do not continue to use
a vehicle that becomes unsafe during use.
(d) Block or crib heavy machinery,
equipment, elevated parts or parts supported by slings, hoists, jacks, or other
devices, to prevent falling or shifting before employees work under or between them.
(A) Fully lower or block
bulldozer and scraper blades, end-loader, end-loader buckets, dump bodies, and similar
equipment when working on them or when they are not in use.
(B) All controls must be
in neutral with motors off and brakes set, unless the work requires otherwise.
(e) Vehicles with dump bodies
or other elevating parts must have positive means of support, permanently attached,
and capable of being locked in position to prevent accidental lowering of the body.
This device must support a raised body during maintenance or inspection work.
(f) Disconnect the battery
when repairing a vehicle electrical system if accidental closing of the circuit
could cause injury.
(6) Transportation of workers.
(a) Do not transport workers
in flatbed trucks, dump trucks and pickups unless:
NOTE: This does not apply to field
work or loading or unloading moving vehicles.
(A) Tilting, sliding or otherwise movable
decks or bodies are secured to prevent accidental movement. Secure dump truck bodies
or lock the hoist lever.
(B) Flatbed vehicles without
seats must have sides and end gates at least 24 inches high. Workers must sit on
the floor.
(b) Close pickup and dump
truck tailgates and make workers sit on the floor unless there are seats secured
in place and sides at least 42 inches high. A chain or rope must be across the rear
of such vehicles with seats.
(c) When workers sit on low
boxes or similar equipment, there must be side rails that increase the height of
pickup and dump truck bodies to at least 36 inches. Omit the side rails when there
is heavy canvas secured as a top and sides.
(d) In Class “A”
and “B” commercial vehicles with seats workers must not sit on the floor
in the aisles while the vehicle is moving. Not more than one worker per row of seats
may stand. No workers may stand or sit in the driver’s area ahead of the front
row of seats. Never place boards across an aisle to provide additional seating space.
Do not put seats in an aisle. Standing workers must use handholds.
(e) When transporting workers
in any vehicle, nobody may stand for more than 1-hour or for more than 45 miles
of travel, whichever is less. After that, they must get a rest period of at least
15 minutes or be given a seat.
(7) Fueling.
(a) When fueling vehicles
there may be no smoking within 35 feet.
(b) Stop vehicle engines,
except diesels, while fueling.
(c) Do not fuel vehicles
within 35 feet of any open fires, flame or other sources of ignition.
(d) Refilling of vehicle
tanks that use liquefied petroleum gases must be done outside. Do not overfill the
tanks.
(8) Hauling of gasoline and
other flammables.
(a) Do not transport gasoline
and other flammable liquids on commercial vehicles carrying workers except:
(A) In closed containers
of not more than 5 gallons capacity, and
(B) The containers must be
accepted, labeled or listed. (As per definitions in OAR 437-004-0100 Universal Definitions),
and
(C) Do not carry containers
inside the passenger compartment, and
(D) Secure the containers
to prevent shifting and put them in well-ventilated compartments or racks.
(b) You can haul gasoline
in containers of more than 5 gallons in Class “C” commercial vehicles
if all workers ride in the cab of the vehicle or in a separate compartment.
NOTE: Appendix A is a reprint of Oregon
Revised Statutes that govern the use of some agricultural vehicles and equipment
on public highways and roads. While Oregon OSHA has the legal authority to cite
these sections, law enforcement officers are the usual source of enforcement. We
offer these laws here as a courtesy to Oregon agricultural employers and in the
interest of employee safety.
(9) Warning devices.
(a) All commercial and industrial
vehicles must have an audible warning (horn) device that can be clearly heard above
the surrounding noise near the vehicle.
(b) Vehicles with obstructed
view to the rear must have a backup alarm audible above the surrounding noise level,
unless:
(A) The vehicle backs up
only when an observer signals that doing so is safe; or
(B) The vehicle operator
first verifies that no person is in the path of the reverse travel, or can enter
it unobserved.
(c) When towing mobile farm
equipment, if the driver cannot see the workers in or on the towed unit, there must
be a way to communicate with them. Otherwise, there must be a way for the riders
in the towed unit to stop it in case of an emergency.
(10) Control of exhaust gases.
(a) Exhaust pipes must direct
the exhaust gases away from the operator and passengers.
(b) Insulate or isolate exhaust
pipes exposed to contact.
(11) Safety equipment —
vehicles operated on public roads.
(a) There must be a first
aid kit on Class A and B commercial type vehicles that transport workers. First
aid kits must be clean, stocked and readily available to the driver or crew.
(b) There must be a B/C fire
extinguisher on Class A and B commercial type vehicles that transport workers.
(c) Vehicles designed to
run less than 25 mph must display a “slow moving vehicle” emblem as
in 4/J, OAR 437-004-1180, Accident Prevention Signs, Symbols, Tags of the Oregon
Occupational Safety and Health Code and in ORS 483.457, “Slow Moving Vehicle
Emblem.”
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06
437-004-3420
Working from Vehicles and
Vehicle Loads
(1) Riding on loads. Employees must
not ride on top of loads that may dangerously shift, topple over, or otherwise become
unstable. Employees must sit when riding loads, except when doing field work at
slow, even speeds over smooth ground.
(2) Field operations. When
employees work on the cargo space of moving trucks or trailers, as in field operations,
the operator must:
(a) Reduce vehicle speed
to the slowest possible.
(b) Operate the vehicle at
a steady, smooth rate. Avoid erratic moves.
(c) Travel parallel to rows
or corrugations. When necessary to cross corrugations or ditches, warn employees
to sit down in a safe place, away from the edge, and to hold on to a secure hand
hold.
(d) Except for vehicles being
loaded while moving, set the brakes during loading.
(3) Load stability. Secure
loads against dangerous displacement either by piling or securing to prevent shifting,
toppling, over or other instability.
(4) Access to the load. There
must be adequate access to safely reach the top of the load for manual loading or
unloading of high loads.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-3430
Training for Agriculture Tractor
Operators
Training. Train all employees who drive
an agricultural tractor about the operating practices below and about any other
practices peculiar to the work environment. Do this training at the time of initial
assignment to driving duties and at least annually after that.
(1) Securely fasten your
seat belt if the tractor has a ROPS.
(2) Where possible, avoid
operating the tractor near ditches, embankments, and holes.
(3) Reduce speed when turning,
crossing slopes and on rough, slick or muddy surfaces.
(4) Stay off slopes too steep
for safe operation.
(5) Watch where you are going,
especially at row ends, on roads, and around trees.
(6) Do not permit others
to ride unless there is a safe seat.
(7) Operate the tractor smoothly
— no jerky turns, starts, or stops.
(8) Hitch only to the drawbar
and hitch points recommended by the tractor manufacturer.
(9) When the tractor is stopped,
set brakes securely and use park lock if available.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-3460
Industrial Vehicles
(1) Modifications. The manufacturer
or a professional engineer must direct modifications and additions that affect capacity
and safe operation of industrial vehicles. Change the capacity, operations, and
maintenance instruction plates, tags, or decals to reflect the changes.
(2) Nameplates and markings.
All nameplates and markings must be in place and legible.
(3) Capacity markings. The
rated capacity of each power industrial truck must be legible and in plain view
of the operator.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-3480
Bridges, Roads and Ramps
(1) Application. This applies to bridges,
roads and ramps on agricultural places of employment.
(2) Roads.
(a) Roads must be wide enough
to allow safe operation of equipment.
(b) Low clearance areas that
could present a hazard must have warning signs.
(c) Do not drive vehicles
on or over broken planking, deep holes, large rocks, logs or other dangerous surface
defects.
(d) Remove obstructions to
clear view at intersections or sharp curves or take precautions to relieve the hazards.
(3) Bridges, runways and
ramps.
(a) Bridges, runways or ramps
and loading docks must be built to safely support any anticipated load. Ramp surfaces
must have a material that minimizes the danger of skidding. Structural members must
be sound and free of decay or deterioration that could reduce safety.
(b) Bridges and culverts
must be wide enough to allow safe operation of equipment.
(c) The road surface of bridges
and culverts must be safe, free of holes, broken planking, and sloughing, caving,
or slipping fill materials or approaches.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-3550
Servicing Multi Piece and Single
Piece Rim Wheels
(1) Workers must use a safety tire rack,
cage, or equivalent protection over tires mounted on split rims with locking rings
or similar devices, when:
(a) Inflating tires; or
(b) Adding air to tires on
or off the vehicle if the tire was run while flat or if the rim or locking device
was disturbed in any way.
NOTE: A tire is flat if it has lost
more than 50% of its normal pressure.
(2) Airlines used to inflate tires must
have clip-on chucks.
Stat. Auth.: ORS 654.025(2) & 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-3600
Roll-Over Protective Structures
(ROPS) for Tractors in Agriculture
(1) Definitions.
(a) Agricultural tractor
— A two- or four-wheel drive type vehicle, or track vehicle, of more than
20 engine horsepower, designed to furnish the power to pull, carry, propel, or drive
implements designed for agriculture. Self-propelled implements are excluded.
(b) Low profile tractor —
A wheeled tractor with these characteristics:
(A) The front wheel spacing
equals the rear wheel spacing, measured from the centerline of each right wheel
to the centerline of the opposite left wheel;
(B) The clearance from the
bottom of the chassis to the ground is less than 18 inches;
(C) The highest point of
the hood is 60 inches or less; and
(D) The tractor is designed
so that a seated operator straddles the transmission.
(c) Tractor weight —
Includes the protective frame or enclosure, all fuels, and other components required
for normal use of the tractor. Add ballast as necessary to get a minimum total weight
of 110 pounds (50.0 kilograms) per maximum power takeoff horsepower at the rated
engine speed or the maximum gross vehicle weight specified by the manufacturer,
whichever is the greatest. Front end weight must be at least 25 percent of the tractor
test weight. If power takeoff horsepower is not available, use 95 percent of net
engine flywheel horsepower.
(2) General requirements.
Agricultural tractors manufactured after October 25, 1976 and before January 1,
2007, must meet these requirements:
(a) Roll-over protective
structures (ROPS) for tractors used in agriculture. A roll-over protective structure
must be on each tractor operated by an employee. Except as in OAR 437-004-3600(5),
ROPS on wheel-type tractors must meet the test and performance requirements of one
of these: The American Society of Agricultural Engineers Standard (ASAE) S306.3-1974,
“Protective Frame for Agricultural Tractors — Test Procedures and Performance
Requirements” and Society of Automotive Engineers (SAE) Standard J334-1970,
“Protective Frame Test Procedures and Performance Requirements.” ASAE
Standard S336.1-1974, “Protective Enclosures for Agricultural Tractors —
Test Procedures and Performance Requirements” and SAE J1194-1994.
These ASAE and SAE standards
are incorporated by reference. Get copies from:
American Society of Agricultural Engineers
2950 Niles Road, PO Box 229
St Joseph, MI 49085
Society of Automotive Engineers
485 Lexington Avenue
New York, NY 10017
Copies are available for review
at the Oregon OSHA Resource Center, 350 Winter Street NE, Salem, Oregon 97301-3882.
(b) Agricultural tractors manufactured
on or after January 1, 2007, must meet these requirements:
(A) Roll-over protective
structures (ROPS) for tractors used in agriculture. A roll-over protective structure
must be on each tractor operated by an employee. Except as in OAR 437-004-3600(5),
ROPS on wheel-type tractors must meet the test and performance requirements of:
(i) 29 CFR 1928.52 Protective
frames for wheel-type agricultural tractors — test procedures and performance
requirements. Link: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=13076;
and
(ii) 29 CFR 1928.53 Protective
enclosures for wheel-type agricultural tractors — test procedures and performance
requirements. Link: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=13077
Copies of Federal OSHA rules are available at the Oregon OSHA Resource Center, 350
Winter Street NE, Salem, Oregon 97301-3882.
(3) Seat belts.
(a) When these rules require
ROPS, the employer must:
(A) Have a seat belt that
meets the requirement of this rule on each tractor;
(B) Ensure that workers use
a seat belt while the tractor is moving; and
(C) Ensure that the worker
tightens the seat belt enough to hold them in the protective area of the ROPS.
(b) Each seat belt must meet
the requirements in Society of Automotive Engineers Standard J114-1994, J140-1995,
J141-1995, J339-1994, and J800-1994, except;
(c) On suspended seats, fasten
the seat belt to the movable part of the seat to accommodate the ride motion of
the operator.
(d) The seat belt anchorage
must be able to withstand a static tensile load of 1,000 pounds (453.6 kilograms)
at 45 degrees to the horizontal equally divided between the anchorages. The seat
mounting must be able to withstand this load plus a load equal to four times the
weight of all applicable seat components applied at 45 degrees to the horizontal
in a forward and upward direction. In addition, the seat mounting must be able to
withstand a 500-pound (226.8 kilograms) belt load plus twice the weight of all applicable
seat components both applied at 45 degrees to the horizontal in an upward and rearward
direction. Floor and seat deformation is acceptable if there is no structure failure
or release of the seat adjusted mechanism or other locking device.
(e) The seat belt webbing
material must be resistant to acids, alkalis, mildew, aging, moisture, and sunlight.
(4) Protection from sharp
surfaces. Sharp edges and corners at the operator’s station must not contribute
to operator injury in case of a tip over or roll-over.
(5) Exempted uses. OAR 437-004-3600(2)
and (3) do not apply to the following uses:
(a) “Low profile”
tractors used in orchards, vineyards or hop yards where the vertical clearance would
interfere with normal use, and while their use is incidental to the work done in
that location.
(b) “Low profile”
tractors used inside a farm building or greenhouse where the vertical clearance
does not allow a tractor with ROPS to operate, and while their use is incidental
to the work done in that location.
(c) Tractors with mounted
equipment that is incompatible with ROPS (e.g., corn pickers, cotton strippers,
vegetable pickers and fruit harvesters);
(d) Track-type agricultural
tractors whose overall width (as measured between the outside edges of the tracks)
is at least three times the height of their rated center of gravity, and whose rated
maximum speed in either forward or reverse is not greater than 7 mph, when used
only for tillage or harvesting operations and while their use is incidental thereto,
and that:
(A) Does not involve operating
on slopes more than 40 percent from the horizontal; and
(B) Does not involve operating
on piled crop products or residue, such as, silage in stacks or pits; and
(C) Does not involve operating
near irrigation ditches, or other excavations more than 2 feet deep which contain
slopes more than 40 percent from the horizontal; and
(D) Does not involve construction
type work, such as bulldozing, grading or land clearing.
(6) Remounting. When ROPS
is removed for any reason, remount it to meet the requirements of these rules.
(7) Labeling. Each ROPS must
have a permanent label that gives the:
(a) Manufacturer’s
or fabricator’s name and address;
(b) ROPS model number, if
any;
(c) Tractor makes, models,
or series numbers that it is designed to fit; and
(d) That the ROPS model was
tested according to the requirements of these rules.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06
437-004-3650
Roll-Over Protective Structures
— Industrial Vehicles
(1) Application. There must be roll-over
protective structures (ROPS) on certain industrial vehicles manufactured after July
1, 1969. ROPS requirements apply to the following types of industrial vehicles and
equipment: Rubber-tired self-propelled scrapers; front-end loaders and dozers; wheel-type
industrial tractors; crawler tractors; crawler-type loaders; and motor graders,
with or without attachments. This requirement does not apply to sideboom pipe laying
tractors, or other vehicles whose structure prevents overturn. 4/U, OAR 437-004-3600
covers ROPS for tractors used only in farming.
(2) ROPS — general
requirements.
(a) Roll-over protective
structures and their supporting attachments to industrial vehicles must be capable
of supporting twice the weight of the vehicle, applied at the point of impact.
(b) The design objective
for roll-over protective structures on industrial vehicles is to minimize the likelihood
of a complete vehicle overturn, and to minimize the possibility of the operator
being crushed.
(c) There must be a vertical
clearance of at least 52 inches between the work deck and the ROPS canopy.
(d) Once removed, remount
ROPS with bolts or welding or equal or better quality as required for the original
mounting.
(3) Defects.
(a) Repairs to defective
ROPS must be of equal quality or better materials and welding as on the original
structure.
(b) Minimum performance criteria
for roll-over protective structures for designated vehicles are in the following
Society of Automotive Engineers (SAE) standards:
(A) Prime movers, for scrapers,
water wagons, bottom dump wagons, side dump wagons, rear dump wagons, towed fifth
wheel attachments. (SAE J1040, 1994)
(B) Wheeled front-end loaders
and wheeled dozers. (SAE J1040, 1994)
(C) Track-type tractors and
front-end loaders. (SAE J1040, 1994)
(D) Motor graders. (SAE J1040,
1994)
(E) Wheel-type agricultural
and industrial tractors. (SAE J167, 1992)
(F) Falling object protective
structures (FOPS). (SAE J231, May 1981)
(4) Identification of ROPS.
Each ROPS must have the following information permanently affixed to the structure:
(a) Manufacturer or fabricator’s
name and address;
(b) ROPS model number, if
any; and
(c) Machine make, model,
or series number that the structure fits.
(5) Approved structures.
Any machine in use, with roll-over protective structures, complies with these rules
if it meets the roll-over protective structure requirements of the U. S. Army Corps
of Engineers, or the Bureau of Reclamation of the U. S. Department of the Interior,
in effect on April 5, 1972. The requirements in effect are:
(a) U. S. Army Corps of Engineers:
General Safety Requirements, EM-385-1-1 (September 1996).
(b) Bureau of Reclamation,
U. S. Department of the Interior: Safety and Health Regulations for Construction,
Part II (September 1971).
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
437-004-3660
Vehicle-Mounted Elevating and Rotating
Work Platforms
NOTE: This section does not apply to
aerial devices made and used in orchards or tree operations, such as pruning.
(1) Definitions.
(a) Aerial device. Any vehicle-mounted
device, telescoping or articulating, or both, for positioning personnel.
(b) Platform. Any personnel-carrying
device (basket or bucket) which is part of an aerial device.
(2) Design requirements.
(a) The equipment operation
manual must be with the equipment or the workers using it. Workers must follow the
manufacturer’s instructions and procedures. Work must not exceed equipment
limitations and restrictions.
(b) “Field modification”
of aerial lifts for uses other than those intended by the manufacturer are acceptable,
if the manufacturer certifies in writing that the modification conforms with ANSI
A92.2-1990 and this section and is at least as safe as the equipment was before
modification. This certification may also be by any other equivalent entity, such
as a nationally recognized testing laboratory.
(c) Platforms must have standard
guardrails that conform with 4/D, OAR 437-004-0320(6).
(d) Gates in platform enclosures
must have safety latches that prevent unintended opening.
(e) Articulating boom and
extensible boom platforms, primarily designed to carry personnel, must have both
platform (upper) and lower controls. Upper controls must be in or beside the platform
within easy reach of the operator. Lower controls must allow overriding of the upper
controls. Markings must clearly show each control’s function.
(3) Specific requirements.
Extensible and articulating boom platforms.
(a) Test lift controls before
use to determine that they are in safe working condition.
(b) Allow only trained persons
to operate an aerial lift.
(c) Do not belt off to an
adjacent pole, structure or equipment while working from an aerial lift.
(d) Stand firmly on the floor
of the basket, do not sit or climb on the edge of the basket or use planks, ladders
or other devices for a work position.
(e) Wear a body belt and
a lanyard attached to the boom or basket when in an aerial lift. The lanyard must
be as short as possible for the work but in no case longer than 6 feet.
(f) Do not exceed the manufacturer’s
boom and basket load limits. Keep those limits legibly posted on the boom.
(g) Set the brakes and position
the outriggers on pads or a solid surface. Chock the wheels before using an aerial
lift on an incline.
(h) Do not move an aerial
lift truck when the boom is elevated with people in the basket, except for equipment
specially designed for such movement.
(i) Do not alter the insulated
portion of an aerial lift in a way that might reduce its insulating value.
(j) Except as in (3)(h) above,
before moving an aerial lift for travel, inspect the boom(s) to see that it is properly
cradled and outriggers are stowed.
(4) Working near overhead
high voltage lines.
(a) Required clearances for
stationary work. Do not require or permit anybody to enter or work near high-voltage
lines unless danger from accidental contact with the lines is guarded against or
eliminated. Clearances and distances in 4/S, OAR 437-004-3050 apply.
(b) Clearance or safeguards
for moving equipment. Do not move equipment in a way that might allow the people
or objects to come within 10 feet of high-voltage lines.
(A) For equipment in transit,
on smooth surfaces, the clearance must be at least 4 feet for voltages less than
50 kV., 10 feet for voltages more than 50 kV., up to and including 345 kV., and
16 feet for voltages up to and including 750 kV.
(B) When it is hard for the
operator to see well enough to keep the desired clearance, somebody must watch the
work and warn the operator.
(C) Movement of the structures
supporting the high-voltage lines or any of their equipment, fixtures or attachments
must not reduce the 10-foot clearance requirement.
(c) Warning signs required.
Post a warning sign, readable from 12 feet, that says, “Unlawful to operate
this equipment within 10 feet of high-voltage lines."
(d) Notification to power
company and responsibility for safeguards. When working or placing material or equipment
within 10 feet of any high-voltage line, the employer must promptly notify the operator
of the high-voltage line. Employers are responsible for completing the safety measures
required before allowing any work that could impair the clearance.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(3)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98
Worker Protection Standard
437-004-6000
Adoption by Reference of Federal
Standard
Oregon OSHA administers and enforces
the Worker Protection Standard (40 CFR 170) as adopted with this rule. All parts
of the WPS apply in addition to, and not instead of, any other part of Division
4, Agriculture. Should any conflict exist between the WPS and other Division 4 rules,
the employer must comply with the rule offering the most protection to workers.
The Department adopts by reference the following federal regulations printed as
part of the Code of Federal Regulations, 40 CFR 170, in the Federal Register:
Subpart A — GENERAL
PROVISIONS
(1) 40 CFR 170.1 Scope and
purpose, published 8/21/92, Federal Register, vol. 57, no. 163, pp. 38102-38176.
(2) 40 CFR 170.3 Definitions,
published 8/21/92, Federal Register, vol. 57, no. 163, pp. 38102-38176.
(3) 40 CFR 170.5 Removed.
(4) 40 CFR 170.7 General
duties and prohibited actions, published 8/21/92, Federal Register, vol. 57, no.
163, pp. 38102-38176.
(5) 40 CFR 170.9 Violations
of this part, published 8/21/92, Federal Register, vol. 57, no. 163, pp. 38102-38176.
Subpart B— STANDARD
FOR WORKERS
(6) 40 CFR 170.102 Applicability
of this subpart, published 5/3/95, FR vol. 60, no. 85, p. 21952.
(7) 40 CFR 170.103 Exceptions,
published 5/3/95, FR vol. 60, no. 85, p. 21952.
(8) 40 CFR 170.104 Exemptions,
published 12/12/08, FR vol.73, no. 240, pp. 75592-75600.
(9) 40 CFR 170.110 Restrictions
associated with pesticide applications, published 8/21/92, Federal Register, vol.
57, no. 163, pp. 38102-38176.
(10) 40 CFR 170.112 Entry
restrictions, published 6/21/06, FR vo. 71, no.119, pp.35543-35547; 6/29/07, FR
vol. 72, no. 125, p. 35663; 12/12/08, FR vol. 73, no. 240, pp. 75592-75600.
(11) 40 CFR 170.120 Notice
of applications, published 6/26/96, FR vol. 61, no. 124, p. 33207.
(12) 40 CFR 170.122 Providing
specific information about applications, published 8/21/92, Federal Register, vol.
57, no. 163, pp. 38102-38176.
(13) 40 CFR 170.124 Notice
of applications to handler employers, published 8/21/92, Federal Register, vol.
57, no. 163, pp. 38102-38176.
(14) 40 CFR 170.130 Pesticide
safety training, published 12/12/08, FR vol. 73, no. 240, pp. 75592-75600.
(15) 40 CFR 170.135 Posted
pesticide safety information, published 8/21/92, Federal Register, vol. 57, no.
163, pp. 38102-38176.
(16) 40 CFR 170.150 Decontamination,
published 6/26/96, FR vol. 61, no. 124, p. 33212.
(17) 40 CFR 170.160 Emergency
assistance, published 8/21/92, Federal Register, vol. 57, no. 163, pp. 38102-38176.
Subpart C — STANDARD
FOR PESTICIDE HANDLERS
(18) 40 CFR 170.202 Applicability
of this subpart, published 8/21/92, Federal Register, vol. 57, no. 163, pp. 38102-38176.
(19) 40 CFR 170.203 Exceptions,
published 5/3/95, FR vol. 60, no. 85, p. 21952.
(20) 40 CFR 170.204 Exemptions,
published 12/12/08, FR vol. 73, no. 240, pp. 75592-75600.
(21) 40 CFR 170.210 Restrictions
during applications, published 8/21/92, Federal Register, vol. 57, no. 163, pp.
38102-38176.
(22) 40 CFR 170.222 Providing
specific information about applications, published 8/21/92, Federal Register, vol.
57, no. 163, pp. 38102-38176.
(23) 40 CFR 170.224 Notice
of applications to agricultural employers, published 8/21/92, Federal Register,
vol. 57, no. 163, pp. 38102-38176.
(24) 40 CFR 170.230 Pesticide
safety training, published 5/3/95, FR vol. 60, no. 85, p. 21953
(25) 40 CFR 170.232 Knowledge
of labeling and site-specific information, published 8/21/92, Federal Register,
vol. 57, no. 163, pp. 38102-38176.
(26) 40 CFR 170.234 Safe
operation of equipment, published 8/21/92, Federal Register, vol. 57, no. 163, pp.
38102-38176.
(27) 40 CFR 170.235 Posted
pesticide safety information, published 8/21/92, Federal Register, vol. 57, no.
163, pp. 38102-38176.
(28) 40 CFR 170.240 Personal
protective equipment, published 9/1/04, FR vol. 69, no. 169, p. 53341; OR-OSHA note
added with AO 9-2006, filed and effective 9/22/06.
(29) 40 CFR 170.250 Decontamination,
published 6/26/96, FR vol. 61, no. 124, p. 33213; OR-OSHA note added with AO 9-2006,
filed and effective 9/22/06.
(30) 40 CFR 170.260 Emergency
assistance, published 8/21/92, Federal Register, vol. 57, no. 163, pp. 38102-38176.
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.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 7-2004, f. & cert. ef. 12-30-04; OSHA 9-2006, f. &
cert. ef. 9-22-06; OSHA 9-2009 f. & cert. ef. 9-21-09
Chemicals/Toxins
437-004-9000
Oregon Rules for Air Contaminants
An employee’s exposure to any
substance in Oregon Tables Z-1, Z-2, or Z-3 of this section must 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 not preceded
by a “C”, must at no time exceed the ceiling exposure limit given for
that substance. If instantaneous monitoring is not feasible, then assess the ceiling
as a 15-minute time-weighted average. This exposure level must never be exceeded
at any time during the workday.
(b) Other substances —
8-hour time-weighted averages (PEL-TWA). An employee’s exposure to any substance
in Oregon Table Z-1, the exposure limit of which is not preceded by a “C”,
must not exceed the 8-hour Time-Weighted Average for that substance in any 8-hour
shift of a 40-hour work week.
(c) Other substances —
Excursion Limits. Excursions in exposure levels may be more than three times the
PEL-TWA number for no more than a total of 30 minutes during a workday, and must
never be more than five times the PEL-TWA, provided that the overall 8-hour PEL-TWA
is not exceeded.
(d) Skin designation. To
prevent or reduce skin absorption, you must prevent or reduce 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. Prevent or reduce exposure
to the extent necessary in the cirumstances through the use of gloves, coveralls,
goggles, or other appropriate personal protective equipment, engineering controls
or work practices.
(e) Oregon Table Z-1 in Division
4/Z, OAR 437-004-9000, has a complete list of regulated substances. If your operation
exposes an employee to a substances listed in Oregon Table Z-1, and that substance
includes a reference to another rule, that rule may apply to your circumstances.
(2) Oregon Table Z-2. An
employee’s exposure to any substance listed in Oregon Table Z-2 must not exceed
the following exposure limits:
(a) 8-hour time-weighted
averages. An employee’s exposure to any substance in Oregon Table Z-2, in
any 8 hour work shift of a 40-hour work week, must not exceed the 8-hour time-weighted
average limit for that substance in Oregon Table Z-2.
(b) Acceptable ceiling concentrations.
An employee’s exposure to a substance in Oregon Table Z-2 must not exceed
the acceptable ceiling concentration for that substance during an 8-hour shift except:
(i) Acceptable maximum peak
above the acceptable ceiling concentration for an 8-hour shift. An employee’s
exposure to a substance in Oregon Table Z-2 must never exceed the acceptable maximum
peak above the acceptable ceiling concentration and must not exceed the maximum
duration of exposure at that level for the substance during an 8-hour shift.
(c) Example. During an 8-hour
work shift, an employee’s exposure to benzene is limited to an 8-hour time-weighted
average (TWA) of 10 ppm. The acceptable ceiling concentration of benzene during
the 8-hour work shift is a maximum of 25 ppm, unless that exposure is no more than
50 ppm and for not longer than 10 minutes during an 8-hour work shift. Such exposures
must be compensated by lower exposure levels (concentrations below the TWA number
– 10 ppm) during that shift so that the overall 8 hour time-weighted average
is a maximum of 10 ppm. Example Table.
(d) Skin designation. To
prevent or reduce skin absorption, you must prevent or reduce an employee’s
skin exposure to substances listed in Oregon Table Z-2 with an “X” in
the Skin designation column following the substance name. Prevent or reduce exposure
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.
(3) Oregon Table Z-3. An
employee’s exposure to any substance in Oregon Table Z-3, in any 8-hour work
shift of a 40-hour work week, must not exceed the 8-hour time-weighted average limit
given for that substance.
(4) Computation formulae.
The computation formulae that apply to exposures to one or more substances, with
8-hour time-weighted averages included in OAR 437, Division 4/Z, Chemicals/Toxins,
in order to determine whether an employee is exposed is over the regulatory limit
are as follow:
(a) For a single air contaminant:
(i) Compute the cumulative exposure for an
8-hour work shift as follows:
E = (CaTa + CbTb + ...CnTn) ÷
8
Where:
E is the equivalent exposure to
that substance for the shift.
C is the concentration during any
period T where the concentration remains constant.
T is the duration in hours of the
exposure at the concentration C.
The value of E must not exceed
the 8-hour time-weighted average specified for that substance in Subdivision 4/Z.
(ii) To illustrate the formula
in (4)(a)(i) above, assume that Substance A (from Oregon Table Z-1) has an 8 hour
time-weighted average limit of 100 ppm. 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:
[(Ca x Ta) + (Cb x Tb) + ... (Cn
x Tn)] ÷ 8 = E =TWA
[(2 x 150) + (2 x 75) + (4 x 50)]
÷ 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) For a mixture of air contaminants:
(i) In case of a mixture
of air contaminants, compute the equivalent exposure as follows:
Em = (C1 ÷ L1) + (C2 ÷ L2) +
. . .(Cn ÷ Ln)
Where:
Em is the equivalent exposure for
the mixture.
Cn is the concentration of a particular
contaminant.
Ln is the exposure limit for that
substance in Subdivision 4/Z.
The value of Em must not exceed
“unity” (1).
(ii) To illustrate the formula in (4)(b)(i)
above, consider the following exposures:
Table.
Substituting in the formula, we
have:
Em = (C1 ÷ L1) + (C2 ÷
L2) + . . .(Cn ÷ Ln)
Em = (500 ÷ 1000) + (45
÷ 200) + (40 ÷ 200)
Em = 0.500 + 0.225 + 0.200
Em = 0.925
Since Em (0.925) is less than unity
(1), the exposure combination is within acceptable limits.
(5) Engineering or administrative controls.
To achieve compliance with the exposure limits in paragraphs (1) through (4) of
this section, first determine and implement, when feasible, engineering or administrative
controls. When such controls are not feasible, mandate the use of protective equipment
or any other protective measures to keep exposure within the limits in this section.
Any equipment 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 using respirators, comply with Division 4/I, OAR 437-004-1040,
Respiratory Protection. Tables Z-1, Z-2, Z-3, and notes.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2001, f. & cert. ef. 2-5-01; OSHA 9-2001, f. &
cert. ef. 9-14-01; OSHA 6-2006, f. & cert. ef. 8-30-06; OSHA 4-2012, f. 9-19-12,
cert. ef. 1-1-13
437-004-9010
Fumigated Areas.
(1) Scope: Covers pesticides which when
applied, forms a gas to control pests.
(2) Definitions:
(a) Types of fumigants include
aluminum phosphide, methyl bromide, chloropicrin, 1,3-D (Telone), dazomet, metam
sodium and iodomethane.
(b) Types of fumigations
include soil, space (warehouse), vertical storage, flat storage, tarpaulin, spot
(includes grain handling equipment, empty tanks and empty silos), chamber, vehicle
and rodent burrows.
(3) All work with fumigants
must follow the instructions and precautions in the manufacturer’s application
manual and on the product label and MSDS.
(4) All entry points into
fumigated interior areas must have signs that identify the area as fumigated and
prohibit entry.
(5) Leave the signs posted
according to the instructions of the manufacturer of the fumigating chemical or
until the hazard resulting from the fumigation is gone, whichever is the longer
time.
(6) After fumigation, there
must be a way to aerate the fumigated area without contaminating other areas where
there are employees.
(7) If the fumigation process
requires the worker to be in the fumigated area, there must be at least one other
person present to assist during an emergency. That person must have the same training
and access to the same personal protective equipment as the first worker.
(8) Fumigation chambers or
areas must not allow the toxic fumigants to escape or otherwise enter other areas
where they can be hazardous to other workers.
(9) If the fumigant concentration
can exceed 10 percent of the lower explosive limit (LEL), all electrical equipment,
fittings, and connections must be vapor proof.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 9-2006, f. &
cert. ef. 9-22-06
437-004-9050
Asbestos
Definitions: Asbestos includes chrysotile,
amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos
and any of these minerals that have been chemically treated or altered. Asbestos-containing
material (ACM) means any material containing more than 1% asbestos. Presumed asbestos
containing material (PACM) means thermal system insulation and surfacing material
found in buildings constructed no later than 1980. The designation of a material
as “PACM” may be rebutted pursuant to Division 2/Z, 1910.1001(j)(8).
(1) The employer is responsible to determine,
before work begins, if any task or activity assigned to workers will result in a
potential exposure to asbestos.
(2) Work that exposes employees
to asbestos must comply with Division 2/Z, 1910.1001, Asbestos; except that construction
activities exposing employees to asbestos must comply with Division 3/Z, 1926.1101,
Asbestos.
NOTE: Construction activities are building,
altering and repairing, and include painting.
(3) The employer must periodically examine
all asbestos-containing material in the workplace to ensure that there is no deterioration
or damage that could cause employee exposure.
(4) If you find damage or
deterioration, the material must be repaired, encapsulated, or removed consistent
with the requirements in Division 3/Z, 1926.1101, Asbestos.
NOTES: Tasks or work activities that
could expose employees to asbestos include the following:
Housekeeping or maintenance activities
on workplace surfaces or systems with asbestos-containing materials (examples include
flooring, ceiling tiles, roofing, siding, boilers, heaters, insulation, and fireproofing);
Inspection, disassembly, repair
and assembly of automotive or farm vehicle brakes and clutches; Demolition or salvage
of structures where asbestos-containing materials are present; New construction,
alteration, or renovation of structures, substrates, or portions thereof with asbestos-containing
materials; and, Routine or emergency cleanup of asbestos-containing materials. Employers
who have pipe systems that are insulated with asbestos-containing materials in their
workplaces, must also comply with Division 4/Z, OAR 437-004-9850, Pipe Labelling.
[ED. NOTE: Examples referenced are available
from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13
437-004-9090
13 Carcinogens
Definitions: The 13 carcinogens are:
4-Nitrobiphenyl, CAS 92-93-3;
alpha-Naphthylamine, CAS 134-32-7;
Methyl chloromethyl ether, CAS
107-30-2;
3,3-Dichlorobenzidine (and its
salts), CAS 91-94-1;
bis-Chloromethyl ether, CAS 542-88-1;
beta-Naphthylamine, CAS 91-59-8;
Benzidine, CAS 92-87-5;
4-Aminodiphenyl, CAS 92-67-1;
Ethyleneimine, CAS 151-56-4;
beta-Propiolactone, CAS 57-57-8;
2-Acetylaminoflourene, CAS 53-96-3;
4-Dimethylaminoazo-benzene, CAS
60-11-7; and
N-Nitrosodimethylamine, CAS 62-75-9.
(1) The employer is responsible to determine,
before work begins, if any task or activity assigned to workers will result in a
potential exposure to any of the 13 carcinogens.
(2) Work that exposes employees
to any of the 13 carcinogens must comply with Division 2/Z, 1910.1003, 13 Carcinogens.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13
437-004-9600
Lead
Definition: Lead means elemental, metallic
lead (chemical formula Pb), all inorganic lead compounds, and organic lead soaps.
All other organic lead compounds are excluded.
(1) The employer is responsible to determine,
before work begins, if any task or activity assigned to workers will result in a
potential exposure to lead.
(2) Work that exposes employees
to lead must comply with Division 2/Z, 1910.1025, Lead; except that construction
activities exposing employees to lead must comply with Division 3/D, 1926.62, Lead.
NOTES: Construction activities are
building, altering and repairing and include painting.
Tasks or work activities that could
expose employees to lead include:
Demolition or salvage of structures
where lead-containing materials are present;
New construction, alteration, or
renovation of structures, substrates, or portions thereof with lead-containing materials;
Routine or emergency cleanup of
lead-containing materials;
Using lead-containing paints or
pigments;
Cutting, brazing, burning, heating,
grinding or welding surfaces with lead-containing paints or pigments; and
Soldering with lead-containing
solder.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06; OSHA 4-2012, f. 9-19-12,
cert. ef. 1-1-13
437-004-9620
Cadmium
Definition: Cadmium means the element
cadmium (Cd); and all cadmium compounds.
(1) The employer is responsible
to determine, before work begins, if any task or activity assigned to workers will
result in a potential exposure to cadmium.
(2) Work that exposes employees
to cadmium must comply with Division 2/Z 1910.1027, Cadmium; except that construction
activities exposing employees to cadmium must comply with Division 3/Z, 1926.1127,
Cadmium.
NOTE: Construction activities
are building, altering, and repairing and include painting.
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13
437-004-9626
Chromium (VI)
Definitions: Chromium (VI) (hexavalent
chromium or Cr(VI)) means chromium with a valence of positive six, in any form and
in any compound.
(1) The employer is responsible
to determine, before work begins, if any task or activity assigned to workers will
result in a potential exposure to hexavalent chromium.
(2) Work that exposes employees
to hexavalent chromium must comply with Division 2/Z 1910.1026, Chromium (VI); except
that construction activities exposing employees to hexavalent chromium must comply
with Division 3/Z, 1926.1126, Chromium (VI).
NOTE: Construction activities are building,
altering and repairing and include painting.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-2012, f. 9-19-12,
cert. ef. 1-1-13
437-004-9640
Benzene
Definition: Benzene (Chemical formula
C6H6, CAS 71-43-2) means liquefied or gaseous benzene and includes benzene in liquid
mixtures and benzene vapors released by these liquids. It does not include trace
amounts of unreacted benzene in solid materials.
(1) The employer is responsible
to determine, before work begins, if any task or activity assigned to workers will
result in a potential exposure to benzene.
(2) Tasks or activities within
the scope of the Division 2, Benzene rule must comply with Division 2/Z, 1910.1028,
Benzene.
(3) Tasks or activities that
are not within the scope of the Division 2, Benzene rule must comply with the permissible
exposure limits listed in Division 4/Z, OAR 437-004-9000, Table Z-2.
NOTES: An example of a task or activity
that is within the scope of the Division 2, Benzene rule is an employee dispensing
gasoline or motor fuels containing benzene for more than 4 hours per day in an indoor
location.
Examples of task or activities
that are NOT within the scope of the Division 2, Benzene rule include: The storage,
transportation, distribution, dispensing, sale or use of gasoline, motor fuels,
or other fuels containing benzene after final discharge from bulk wholesale storage
facilities. The storage, transportation, distribution or sale of benzene or liquid
mixtures containing more than 0.1 percent benzene in intact containers while sealed
in a way to contain benzene vapors or liquid.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13
437-004-9650
Bloodborne Pathogens
Definitions: Blood means human blood,
human blood components and products made from human blood. Bloodborne Pathogens
means pathogenic micro-organisms that are present in human blood and can cause disease
in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV)
and human immunodeficiency virus (HIV).Contaminated means the presence or the reasonably
anticipated presence of blood or other potentially infectious materials on an item
or surface. Occupational exposure means reasonably anticipated skin, eye, mucous
membrane, or parenteral contact with blood or other potentially infectious materials
that may result from the performance of an employee’s duties. Other Potentially
Infectious Materials means: Human body fluids with visible contamination of blood,
and all body fluids in situations where it is difficult or impossible to differentiate
between body fluids; Any unfixed tissue or organ (other than intact skin) from a
human (living or dead); and HIV-containing cell or tissue cultures, organ cultures,
and HIV- or HBV-containing culture medium or other solutions; and blood, organs,
or other tissues from experi- mental animals infected with HIV or HBV.
(1) The employer is responsible
to determine, before work begins, if any task or activity assigned to workers will
result in an occupational exposure to bloodborne pathogens.
(2) Work that exposes employees
to bloodborne pathogens must comply with Division 2/Z, 1910.1030, Bloodborne Pathogens.
NOTE: Examples of tasks or work activities
with a potential for occupational exposures to bloodborne pathogens in agricultural
workplaces include: Employees performing janitorial duties that include cleaning
up human blood or OPIM; Employees who are required, as part of their job duties,
to administer first aid to others that could include contact with another person’s
blood or OPIM.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13
437-004-9710
Acrylonitrile
Definitions: Acrylonitrile or “AN”
(Chemical formula CH2=CHCN, CAS 107-13-1) means acrylonitrile monomer and includes
Liquid AN. Liquid AN means acrylonitrile monomer in liquid form, and liquid or semi-liquid
polymer intermediates, including slurries, suspensions, emulsions, and solutions,
made during the polymerization of AN.
(1) The employer is responsible
to determine, before work begins, if any task or activity assigned to workers will
result in a potential exposure to acrylonitrile.
(2) Work that exposes employees
to acrylonitrile must comply with Division 2/Z, 1910.1045, Acrylonitrile.
NOTE: The Division 2 Acrylonitrile
rule does not apply to exposures which result solely from the processing, use, and
handling of the following materials:
ABS resins, SAN resins, nitrile
barrier resins, solid nitrile elastomers, and acrylic and modacrylic fibers, when
these listed materials are in the form of finished polymers, and products fabricated
from such finished polymers;
Materials made from and/or containing
AN for which objective data is reasonably relied upon to demonstrate that the material
is not capable – under the expected conditions of processing, use, and handling
which will cause the greatest possible release – of releasing AN in airborne
concentrations in excess of 1 ppm as an 8-hour time-weighted average, or
Solid materials made from and/or
containing AN which will not be heated above 170 degrees F. during handling, use,
or processing.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13
437-004-9720
Thiram
(1) Scope and application.
(a) These rules apply where
worker exposure to thiram may occur during manufacture, storage, packaging, tree
application, treated seedling handling, or use of thiram or thiram treated seedlings.
(b) These rules apply to
the transportation of thiram or thiram treated trees except to the extent that the
U. S. Department of Transportation may regulate the hazards covered by these rules.
(2) Definitions.
(a) Clean — The absence
of dirt or materials that may be harmful to a worker’s health.
(b) Large seedlings —
Seedlings long enough or wide enough that during normal planting avoiding mouth
of face contact with the thiram treated plant is difficult.
(3) General requirements.
(a) Permissible exposure
limits.
(A) Do not expose workers
to thiram at atmospheric concentrations more than 0.15 mg/m3 over any 8-hour period;
and
(B) Do not expose workers
to thiram at atmospheric concentrations more than 0.30 mg/m3 averaged over any period
not longer than 15 minutes.
(C) Workers must not work
more than 5 days in any 7-day period with or around thiram or thiram treated seedlings.
(D) Paragraph (3)(a)(C) above
is not applicable if there is a specific thiram control program, beyond these rules
and approved by the Administrator.
(b) Washing and worker hygiene.
(A) Workers must wash their
hands before eating or smoking and when done working.
(B) At fixed work sites or
planting units, provide warm (at least 85 degrees F, 29.4 degrees C) wash water
and single use hand wiping materials for washing.
(C) Where warm water is not
available within, or the means to access within, a 15 minutes travel time, provide
clean water, soap and single-use towels.
(D) Advise every planter
or nursery worker to bathe or shower daily.
(E) Wash or vacuum and wipe
down the inside of crummies or other worker carrying vehicles at least weekly during
thiram use.
(c) Personal protective measures.
(A) Workers must wear clothing
that reduces skin contact with thiram on the legs, arms and torso.
(B) For those workers with
thiram skin irritations, protect exposed areas with a suitable barrier cream.
(C) Workers may wear only
impervious gloves.
(D) Workers’ hands
must be clean of thiram before placing them into gloves.
(E) Provide nursery applicators
with approved respirators, disposable coveralls or rubber slickers or other impervious
clothing, rubberized boots, head covers and rubberized gloves. They must use the
respirators according to 4/I, OAR 437-004-1041, Respiratory Protection.
(F) Other than applicators,
nursery workers who may suffer thiram exposure must have and use disposable coveralls
or rubber slickers or other impervious clothing, impervious footwear and gloves,
and head covers unless they use showers that comply with 4/J, OAR 437-004-1105,
Sanitation.
(G) Provide eye protection
that complies with 4/I, OAR 437-004-1035. Workers exposed to thiram such as during
spraying, plug bundling, belt line grading and plugging or other operations must
wear this eye protection.
(d) Respiratory protection.
(A) When worker exposure
is more than the Permissible Exposure Limit (PEL), provide them with applicable,
certified respiratory protection approved by NIOSH.
(B) Use and maintain respirators
according to 4/I, OAR 437-004-1041, Respiratory Protection.
(C) Workers must wear respirators
when planting large seedlings to avoid mouth and face contact with the thiram treated
plant unless they use equally effective measures or planting practices.
(e) Food handling.
(A) Do not store or consume
food, snacks, beverages, smoking materials, or any similar items in the packing
area of the nursery.
(B) Crummies or other worker
carrying vehicles must have a clean area for carrying lunches.
(C) The clean area of the
vehicle must be above from the floor and not used to carry other than food or other
consumable items.
(D) Do not carry lunches,
food or other consumable items in tree planting bags.
(E) Minimize or eliminate
worker exposure to thiram spray, including downwind driftings.
(F) Workers must stand upwind
when burning bags that contained thiram or thiram treated seedlings.
(f) Thiram use and handling.
(A) Nurseries must develop
a quality control program approved by the Administrator to ensure that they apply
only the minimum amount of thiram necessary to achieve the desired anti-browsing
results to the tree seedlings.
(B) Thiram treated seedlings
must set between the time of spraying and packing.
(C) Keep seedlings moist
during packing and when possible during planting.
(D) Vacuum or wash floors
daily where thiram is used, do not sweep them.
(E) Remove silica chips covering
seedling plugs at the nursery.
(g) Labeling.
(A) Rules enforced by the
Oregon Department of Agriculture, or the U.S. Environmental Protection Agency (EPA),
about the labeling of thiram treated seedlings, apply.
(B) If the Oregon Department
of Agriculture, or EPA, has no thiram labeling rules, each container, bundle or
wrapping of thiram treated seedlings must have a clearly legible and visible tag
or label, of waterproof material and printing, on which is the following in English
and Spanish:
CAUTION
These seedlings are treated with
an animal repellent containing Thiram (tetra- methyl thiuram disulfide) that may
flake off during handling. Consumption of alcoholic beverages or use of alcohol-base
creams or lotions during a time span from 12 hours before to 7 days after exposure
to Thiram may result in nausea, headache, vomiting, fatigue, or flushness. Exposure
to Thiram may also cause irritation of the eyes, nose, throat, or skin.
Thiram may interfere with or render
ineffective medications taken by epileptics or heart patients with blood-clotting
difficulties. Animal studies at very high concentrations (more than 250 mg/kg) suggest
that Thiram may cause birth defects.
SAFETY PRECAUTIONS
1. Keep treated seedlings moist.
2. Wear clothing to reduce skin
contact with Thiram to the legs, arms and torso.
3. A fiber or cloth face mask (respirator)
may be worn at the planter’s discretion, except that when planting large seedlings,
you must wear a respirator to avoid mouth and face contact with thiram treated plants,
unless you use equally effective measures
4. Wash exposed skin areas thoroughly
after handling treated seedlings and before smoking, drinking, eating or going to
the bathroom.
5. If Thiram flakes contact eyes,
immediately flush eyes freely with water.
6. Bathe daily and change work
clothes at least every other day.
PRECAUCION
Estas plantas han sido tratadas
con un replente contra animales que tiene la substacia Thiram (tetramethyl thiuram
disulfide) que puede desaparecer en manoseo. La consuncion de bebidas alcoholicas
o el uso de cremas o lociones con base de alcohol dentro de 12 horas antes de ser
expuesto o hasta 7 dias despues de ser expuesto a Thiram puede resultar en sintomas
de nausea, dolor de cabeza, vomito, faiga o rubor. Contacto con Thiram puede causar
irritacion de los ojos, nariz, garganta o piel.
Thiram puede interferir o desvalidar
en completa las medicinas de los epilepticos o personas con condiciones de la corazon
con dificultades de coagulacion de la sangre. Estudios con animals en concentraciones
muy altas (mas que 250 mg/ kg) indican que Thiram puede causar desformaciones fetales.
Sin que cuando se sembra plantas de semillas grandes macaras estaran requerido a
evitar contacto con la boca y la cara con plantas tratado con Thiram excepto cuando
otros metodos igualmente efecaz estarah usados.
MEDIAS DE PRECAUCION
1. Guardar mojados las platas siempre.
2. El trabajador necesita usar
ropa para reducir el contacto de Thiram con las piernas, brazos, y el torso.
3. Una mascara de fibre o garra
(mascara) se puede usar a la discrecion del plantador.
4. Lavese bien los parten expuestos
cuando trate los semillos antes de fumar, tomar, comer e ir al bano.
5. Se acaso el Thiram cae en sus
ojos, imediatamente lavese los ojos libremente con agua.
6. Banese todos los dias y cambiese
de ropa de trabajo por lo menos cada otro dia.
(C) Other containers or thiram handling
areas must have signs and labels that comply with 4/J, OAR 437-004-1150 and 1180.
(h) Training.
(A) Where exposures to thiram
may occur, train each worker about the hazards of thiram and precautions for its
safe use and handling.
(B) The training must be
approved by the Administrator.
(C) The training must include:
(i) The health hazard(s)
of chronic exposure to thiram including the potential for birth defects, alcohol
intolerance, and drug interaction.
(ii) The specific nature
of work that could result in exposure to thiram and the necessary protective steps;
(iii) The purpose for, proper
use, and limitations of protective devices including respirators and clothing;
(iv) The acute toxicity and
skin irritation effects of thiram, and the necessary protective steps;
(v) The need for and requirements
of excellent personal hygiene;
(vi) A review of the thiram
rules at the worker’s first training and indoctrination, and annually thereafter.
(D) Give each worker a copy
of these thiram rules.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 9-2006, f. & cert. ef. 9-22-06
437-004-9740
Ethylene Oxide
Definition: Ethylene oxide or “EtO”
means the organic compound with chemical formula C2H4O, and CAS 75-21-8.
(1) The employer is responsible
to determine, before work begins, if any task or activity assigned to workers will
result in a potential exposure to ethylene oxide.
(2) Work that exposes employees
to ethylene oxide must comply with Division 2/Z, 1910.1047, Ethylene Oxide.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13
437-004-9760
Formaldehyde
Definition: Formaldehyde means the substance
with chemical formula HCHO and CAS 50 00-0.
(1) The employer is responsible
to determine, before work begins, if any task or activity assigned to workers will
result in a potential exposure to formaldehyde.
(2) Work that exposes employees
to formaldehyde must comply with Division 2/Z, 1910.1048, Formaldehyde.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13
437-004-9780
Methylendianiline
Definition:
Methylenedianiline or “MDA”
means the chemical substance 4,4’-Diaminodiphenylmethane (CAS 101-77-9), in
the form of a vapor, liquid, or solid, including the salts of MDA.
(1) The employer is responsible
to determine, before work begins, if any task or activity assigned to workers will
result in potential exposure to Methylenedianiline.
(2) Work that exposes employees
to MDA must comply with Division 2/Z, 1910.1050, Methylenedianiline, except that
construction activities exposing employees to MDA must comply with Division 3/D,
1926.60, Methylenedianiline.
NOTE: Construction activities are building,
altering and repairing and include painting.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13
437-004-9800
Hazard Communication Standard for
Agricultural Employers
NOTES: The Division 4, Hazard Communication
Standard for Agricultural Employers (OAR 437-004-9800), focuses on those parts of
the General Industry Hazard Communication Standard (Division 2/Z, 1910.1200) that
describe the employer’s responsibility to establish a workplace program and
to communicate information to workers about the hazards of the chemicals used in
their workplace. The Division 4 standard does not include the parts of the Division
2, Hazard Communication Standard that apply only to producers, distributors, and
importers of chemicals because these are not typical activities for agricultural
employers. As stated in 437-004-9800(2) Scope and application, any agricultural
employer who produces, imports, or distributes chemical products must follow the
more detailed rules that apply to those general industry activities in Division
2/Z, 1910.1200. The requirements of this Division 4, Hazard Communication Standard,
are intended to be consistent with the Hazard Communication Standard for general
industry as aligned with the provisions of the United Nations Globally Harmonized
System of Classification and Labeling of Chemicals (GHS.)
(1) Purpose. The purpose of this Division
4 Hazard Communication Standard (HCS) is to ensure that agricultural employers provide
appropriate information to their employees about the hazardous chemicals to which
they can be exposed at their workplaces. The responsibility of chemical manufacturers,
importers, and distributors to provide this information is described in Division
2/Z, 1910.1200. The HCS for agricultural employers describes how this information
is to be provided: through a comprehensive hazard communication program, including
container labels and other forms of warning, safety data sheets and employee training.
(2) Scope and application.
(a) This standard applies
to agricultural employers when a hazardous chemical is known to be present in the
workplace in a way that employees may be exposed under normal conditions of use
or in a foreseeable emergency.
(b) This standard also applies
to agricultural employers engaged in crop- or product-related quality control- or
quality assurance-type laboratory work.
NOTE: See Division 4/Z, 437-004-9860,
Hazardous Chemicals in Laboratories, for rules that apply to other types of laboratory
activities.
(c) Division 2/Z, 1910.1200, the Hazard
Communication Standard for General Industry, including all mandatory appendices,
applies to any agricultural employer who is a producer, importer, or distributor
of hazardous chemicals, as those activities are defined in this standard.
(d) The following types of
hazardous substances are exempted from the requirements of this standard, under
the stated conditions or circumstances:
(A) Any hazardous waste defined
by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
Act of 1976, as amended (42 U.S.C. 6901 et seq.), when subject to regulations issued
under that Act by the Environmental Protection Agency;
(B) Any hazardous substance
as such term is defined by the Comprehensive Environmental Response, Compensation
and Liability ACT (CERCLA) (42 U.S.C. 9601 et seq.), when the hazardous substance
is the focus of remedial or removal action being conducted under CERCLA (such as
a “Superfund” site) in accordance with Environmental Protection Agency
regulations;
(C) Tobacco or tobacco products;
(D) Wood or wood products,
including lumber if it will not be processed, where the manufacturer or importer
has established that the only hazard posed to employees is the potential for combustibility;
NOTE: Wood and wood products that are
treated with a hazardous chemical covered by this standard (such as chemically pressure-treated
wood); and wood that will later be sawed, cut or sanded, generating dust, is covered
by this standard.
(E) Articles as defined in OAR 437-004-9800(11);
(F) Food or alcoholic beverages
sold, used, or prepared in a retail establishment (such as a grocery store, restaurant,
or drinking place), and foods intended for personal consumption by employees while
at work;
(G) Any drug, defined in
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), when it is in
solid, final form for direct administration to the patient (e.g., tablets or pills);
drugs packaged by the chemical manufacturer for sale to consumers in a retail establishment
(e.g., over-the-counter drugs); and drugs intended for personal consumption by employees
while at work (e.g., first aid supplies);
(H) Cosmetics which are packaged
for sale to consumers or intended for personal consumption by employees while in
the workplace;
(I) Any consumer product
or hazardous substance, defined in the Consumer Product Safety Act (15 U.S.C. 2051
et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively,
where the employer can show that it is used in the workplace for the purpose intended
by the chemical manufacturer or importer of the product, and the use results in
a duration and frequency of exposure not more than the range of exposures that could
reasonably be experienced by consumers;
(J) Nuisance particulates
where the chemical manufacturer or importer has established that they do not pose
any physical or health hazard covered under this standard;
NOTE: Nuisance particulate is synonymous
with “particulate not otherwise regulated” (PNOR.) PNOR includes all
inert or nuisance dusts, whether mineral, inorganic, or organic, that are not specifically
listed in Division 4/Z, OAR 437-004-9000, Oregon Rules for Air Contaminants.
(K) Ionizing and non-ionizing radiation;
and,
(L) Biological hazards.
NOTES: In addition to these exempted
hazardous substances, the general industry Hazard Communication Standard [at 1910.1200(b)(5)]
lists additional types of hazardous chemicals whose manufacturers are not covered
by the Hazard Communication labeling requirements, because the products are already
regulated by other labeling regulations. (For example, labeling of consumer products
is regulated by the Consumer Product Safety Commission; and labeling of pesticide
products is regulated by the Environmental Protection Agency.) Nonetheless, employers
must ensure that hazardous chemicals are properly identified in their workplaces,
as described in 437-004-9800(5).
(3) Reserved.
(4) Written hazard communication
program.
(a) Employers must develop,
implement, and maintain an effective written hazard communication program that is
specific to their workplace. It must include the following:
(A) A list of all the hazardous
chemicals in the workplace using a product identifier that allows cross-referencing
to both the product label and a Safety Data Sheet. (Lists may be developed for individual
work areas, but the program-required list must include all hazardous chemicals present
in the workplace to which the written hazard communication program applies.)
(B) A description of their
procedures or methods for meeting the requirements of this Hazard Communication
Standard for Agricultural Employers including paragraphs (5) Labels and other forms
of warning, (6) Safety data sheets, and (7) Employee information and training.
(C) A description of the
methods for informing their employees about the hazards of nonroutine tasks and
the hazards associated with chemicals contained in any unlabeled pipes in their
work areas.
(b) At multi-employer workplaces,
employers who use or store hazardous chemicals in a way that may expose other employer’s
workers must also ensure that their hazard communication program includes their
methods for:
(A) Making safety data sheets
available to the workers of other employers;
(B) Informing other employer(s)
of any precautionary measures needed for the other employer to protect their employees
during normal operating conditions and foreseeable emergencies;
(C) Informing other employer(s)
about the labeling system and other forms of warning in use. This includes how the
employer will notify other employer(s) about areas where pesticides will be or are
being applied and areas under a Restricted Entry Interval.
(c) Upon request, the employer
must make their written hazard communication program available to employees, the
employee’s designated representatives, and the Administrator.
NOTE: Where employees work at more
than one workplace, the written hazard communication program may be kept at the
primary workplace as long as the information is made available for routine reference
during the employee’s regular shift and is readily available in an emergency.
(5) Labels and other forms of warning.
NOTE: Chemical producers, importers,
and distributors have responsibilities for labeling products that are shipped and
for providing those labels to end-users.
(a) Workplace labeling. The employer
must ensure that the primary (shipped) labels are legible, in English, and prominently
displayed on the container in the work area. Employers with employees who communicate
in languages other than English may include information in the other languages,
as long as it is also in English.
(b) Except as provided in
(5)(d), (5)(e), and (5)(f), the employer must ensure that each container of hazardous
chemicals is labeled, tagged or marked with either:
(A) The same elements required
on the shipped label:
(i) Product identifier,
(ii) Signal word,
(iii) Hazard statement(s),
(iv) Pictogram(s),
(v) Precautionary statement(s),
and
(vi) Name, address, and telephone
number of the chemical manufacturer, importer, or other responsible party; OR
(B) The product identifier
(that allows cross-referencing with the product’s safety data sheet), and
(i) Words, pictures, symbols,
or a combination that provide at least general information about the hazards of
the chemical;
(ii) This alternative in
conjunction with the other information readily available to employees under the
employer’s hazard communication program, must provide employees with specific
information about the hazards of the chemical and appropriate protective measures.
(c) If an employer becomes
aware of new information from an up-dated, product label about the hazards of a
chemical, or ways to protect against the hazards, affected employees must be trained
on this new information before the chemical is used again in the workplace.
(d) The employer may use
signs, placards, or other written materials instead of labels on individual, stationary
process containers. This alternative method must identify the specific container,
meet the requirements in (5)(a) and (b) and be readily accessible to the employees
in their work area.
(e) Labels are not required
on portable, secondary containers of hazardous chemicals that are for immediate
use.
(f) Pesticide application
equipment (such as spray tanks and backpack-type sprayers) do not require labeling
if the pesticide handlers have access to the pesticide product label during handling
activities.
(6) Safety data sheets.
(a) Employers must have a
safety data sheet (SDS) for each hazardous chemical that is used or present in the
workplace in a way that may expose employees under normal conditions of use or in
a foreseeable emergency. This includes residual pesticides encountered by workers
doing field hand-labor operations.
(b) SDSs must be readily
accessible to all employees on all shifts. Where employees work at more than one
workplace, the SDSs may be kept at the primary workplace.
(c) SDSs may be kept electronically
if they are readily accessible to employees during their work shifts and available
at all times, especially during an emergency such as a power failure.
(d) SDSs must be in English.
Employers with employees who communicate in other languages may maintain copies
of SDSs in other languages as well.
(e) Where complex mixtures
of chemical products have similar hazards and contents (for example, the chemical
ingredients are the same, but the specific composition varies from mixture to mixture),
the employer may use one SDS to apply to all of these essentially similar mixtures.
The product identifier of each mixture, as identified on the product label, must
be cross-referenced to the SDS used.
(f) If an employer becomes
aware of new information from an up-dated SDS about the hazards of a chemical or
about ways to protect employees from the hazards, affected employees must be trained
on this new information before the chemical is used again in the workplace.
(g) Safety data sheets as
employee exposure records. In accordance with Division 4/A, OAR 437-004-0005, Access
to Employee Medical and Exposure Records, employers must retain either the SDS or
some record of the identity of the substance or agent, where it was used, and when
it was used; and, make this record available upon request to employees, employee’s
designated representatives, and to the Administrator.
NOTE: OAR 437-004-0005 refers employers to
Division 2/Z 1910.1020. For more information about this requirement, see 1910.1020(d)(1)(ii)(B).
(7) Employee information and training.
(a) Give employees effective
information and training on hazardous chemicals in their work area at the time of
their initial assignment, and when a new physical or health hazard is introduced
into their work area. Information and training may cover categories of hazards (examples
include flammable liquids and pesticides) or specific chemicals.
(A) Chemical-specific information
must always be available through labels and safety data sheets. Agricultural employees
who mix, load, or apply pesticides; or otherwise handle hazardous chemicals must
receive the full information and training required by this standard.
(B) If employees only handle
chemicals in sealed, unopened containers, give them training to the extent necessary
to protect them in the event of a spill or leak of a hazardous chemical from a sealed
container.
(b) Inform employees of:
(A) The requirements of this
training paragraph;
(B) Any operations in their
work area where hazardous chemicals are present; and,
(C) The location and availability
of the written hazard communication program, including the required list(s) of hazardous
chemicals, and safety data sheets.
(c) Employee training must
include at least:
(A) Methods and observations
to detect the presence or release of a hazardous chemical in the work area (such
as monitoring done by the employer, alarm systems, or characteristic odors;)
(B) The physical and health
hazards of the chemicals in the work area;
(C) The measures employees
can take to protect themselves from these hazards, including specific procedures
the employer has implemented to protect employees from exposure to hazardous chemicals,
such as appropriate work practices, emergency procedures, and personal protective
equipment; and,
(D) The details of the hazard
communication program as it relates to the employee’s work activities, including
an explanation of any alternative labeling or warning systems, possible exposures
from non-routine tasks, and how employees can get and use the right hazard information.
(d) Agricultural employers
must give all of their employees a copy of, or provide them with training that covers
the information in the Oregon OSHA publication #1951 “Safe Practices When
Working Around Hazardous Agricultural Chemicals.”
(e) For employees doing only
field hand-labor operations where their only potential exposure is to residual pesticides,
employers may meet the training and information requirements of this rule by:
(A) Giving each employee
a copy of or providing training that covers the information in the Oregon OSHA publication
#1951, “Safe Practices When Working Around Hazardous Agricultural Chemicals”;
and
(B) Providing information
about the location and availability of, and ensuring that employees have access
to safety data sheets.
(8) Trade secrets. There
are special standards about the relationship of this standard to trade secrets.
If those circumstances apply, follow Division 2/Z, 1900.1200(i) and its Appendix
E.
NOTE: Division 2/Z 1910.1200(i) provides
guidance for emergency medical personnel who need to obtain more detailed safety
and health information about products with Trade Secret-protected ingredients. Appendix
E to Division 2/Z, 1910.1200, Definition of Trade Secret, sets out the criteria
to be used in evaluating trade secret claims.
(9) Subpoenas, citations, penalties.
(a) The Oregon Occupational
Safety and Health Division has the authority under ORS Chapter 654 to issue a subpoena
or any protective orders.
(b) Agency actions under
ORS Chapter 654 and this Hazard Communication Standard for Agricultural Employers
are enforceable by the issuance of additional citations and penalties pursuant to
654.071(4), 654.086(1)(d), or 654.086(3). The Oregon Occupational Safety and Health
Division may refer the matter to the Circuit Court in the county in which the proceedings
are pending for enforcement of the subpoena.
(10) Phase-in dates for new
rule requirements.
(a) By February 1, 2015,
agricultural employers must train their employees about the new label elements (product
identifier, signal word, hazard statements, pictograms, and precautionary statements);
and, about the new, standardized, 16-section, safety data sheet (SDS) format. After
this phase-in date has passed, this information must be included in the initial
employee training in accordance with paragraph (7)
NOTES: Chemical producers have until
June 1, 2015 to be in compliance with all the modified provisions of the Division
2/Z Hazard Communication Standard (1910.1200) including those concerning classification,
labeling, and safety data sheets.
(b) By June 1, 2016, employers must,
as necessary, based on any new hazards identified by chemical manufacturers on updated
labels and SDSs:
(A) Update their workplace
hazard communication program, as required by paragraph (4); and
(B) Update any alternative
workplace labeling used under paragraph (5); and
(C) Provide additional employee
training in accordance with paragraph (7).
(11) Definitions.
(a) Agricultural employer
— See definition in Division 4/B, OAR 437-004-0100. Also, see “Employer”
below.
(b) Article — A manufactured
item other than a fluid or particle:
(A) Formed to a specific
shape or design during manufacture; and
(B) With end use function(s)
dependent in whole or in part on its shape or design during end use; and
(C) That under normal conditions
of use does not release more than minute or trace amounts of a hazardous chemical
and does not pose a physical hazard or health risk to employees.
(c) Administrator —
The Administrator of the Oregon Occupational Safety and Health Division, or their
designee.
(d) Biological hazard (or
biohazard) — An infectious or other biological agent (bacteria, virus, fungus,
etc.) presenting a risk of death, injury or illness to employees. (Biohazards are
excluded from the requirements of the HCS.)
(e) Chemical — Any
element, chemical compound or mixture of elements or compounds. Chemicals may be
in solid, liquid, or gaseous form.
(f) Chemical name —
The scientific designation of a chemical according to the nomenclature system developed
by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical
Abstracts Service (CAS) rules of nomenclature, or a name that clearly identifies
the chemical for the purpose of conducting a hazard classification.
(g) Classification —
The process of identifying the relevant data about the hazards of a chemical; reviewing
that data to determine the hazards or effects associated with the chemical; and
deciding whether the chemical meets the criteria and definitions in this standard.
Classification for health and physical hazards includes the determination of the
degree of hazard, where appropriate, by comparing the data with the criteria for
the health and physical hazard categories.
(h) Container — Any
bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or
the like that contains a hazardous chemical. Pipes or piping systems, and engines,
fuel tanks, or other operating systems in a vehicle, are not considered to be containers.
(i) Crop- or product-related
quality control — or quality assurance-type laboratory work — The sampling
or testing of crops or agricultural products to discover defects, with the goal
of improving or stabilizing production standards. This type of laboratory work at
agricultural workplaces is covered by the requirements of the HCS.
NOTE: See Division 4/Z, 437-004-9860,
Hazardous Chemicals in Laboratories, for rules that apply to other types of laboratory
work.
(j) Designated representative —
Any individual or organization to whom an employee gives written authorization to
exercise such employee’s rights. A recognized or certified collective bargaining
agent is automatically a designated representative without regard to written employee
authorization.
(k) Distributor — Any
business, other than a chemical manufacturer or importer, that supplies hazardous
chemicals to other distributors or to employers.
(l) Employee — For
the purpose of this rule, any worker who may be exposed to hazardous chemicals under
normal conditions of use or in a foreseeable emergency. (Also, see definition of
“Worker” in Division 4/B, OAR 437-004-0100.)
(m) Employer — For
the purposes of this rule, any person, corporation, association, or other legal
entity, including a contractor or subcontractor, engaged in a business where employees
may be exposed to chemicals. (Also, see definition of “Agricultural employer”
in Division 4/B, OAR 437-004-0100.)
(n) Exposure or exposed —
An occurrence when an employee is subjected, in the course of employment, to a chemical
that is a physical, health, or other listed hazard, including accidental or reasonably
anticipated exposure. “Subjected” in terms of health hazards includes
any route of entry into the body, including inhalation, ingestion, percutaneous,
and skin contact or absorption.
(o) Field hand-labor operations
— Agricultural work done by hand or with hand tools, including the cultivation,
weeding, planting, and harvesting of crops (including mushrooms) and the packing
of produce into containers, whether done on the ground, on a moving machine, or
in a temporary packing shed in the field.
(p) Flammable liquids —
See definition in Division 4/B, OAR 437-004-0100.
(q) Foreseeable emergency
— Any potential event that could result in an uncontrolled release of a hazardous
chemical into the workplace. Examples include equipment failure, rupture of containers,
or failure of control equipment.
(r) GHS — Globally
Harmonized System — The United Nations’ system of classification and
labeling of chemicals; an international approach to hazard communication that provides
specific criteria for classification of chemical hazards and a standardized approach
to label elements and safety data sheets. In 2012, OSHA revised the Hazard Communication
Standard (29 CFR 1910.1200) to be consistent with the GHS.
(s) Hand-labor operations
— See, Field hand-labor operations.
(t) Handler (or Pesticide
Handler) — includes any person, who is employed for any type of compensation
by an agricultural establishment and who:
(A) Mixes, loads, transfers,
or applies pesticides;
(B) Disposes of pesticides
or pesticide containers;
(C) Handles opened containers
of pesticides;
(D) Acts as a flagger for
equipment or aircraft applying pesticides;
(E) Cleans, adjusts, handles,
or repairs the parts of mixing, loading, or application equipment that may contain
pesticide residues;
(F) Assists with the application
of pesticides; or
(G) Performs other activities
included within the definition of Handler by the Environmental Protection Agency.
NOTE: For more information,
see the pesticide Worker Protection Standard in Division 4/W, §170. The term
“handler” does not include an employee who only handles sealed, unopened
pesticide containers or empty pesticide containers.
(u) Hazard category —
The divisions within a hazard class that compare the degree or severity of the hazard.
For example, the chemical hazard classifications “oral acute toxicity”
and “flammable liquid” both include four hazard categories based on
specific criteria. Categories within a hazard class should not be compared with
the categories of different hazard classes.
(v) Hazard class —
Describes the nature and effect of a physical or health hazard, such as “flammable
solid”, “carcinogen”, and “oral acute toxicity”. (Also,
see “Classification”.)
(w) Hazard not otherwise
classified (HNOC) — An adverse physical or health effect identified through
evaluation of scientific evidence during the manufacturer’s classification
process that does not meet the specified criteria for the physical and health hazard
classes addressed in Division 2/Z. 1910.1200. This does not extend coverage to adverse
physical and health effects for which there is a hazard class addressed in 1910.1200,
but the effect either falls below the cut-off value/concentration limit of the hazard
class or is under a GHS hazard category that has not been adopted by OSHA. (One
example is Category 5 oral acute toxicity.)
(x) Hazard statement —
A statement assigned to a hazard class and category that describes the nature of
the hazards of a chemical, including, where appropriate, the degree of hazard.
(y) Hazardous chemical —
Any chemical that is classified as a physical hazard or a health hazard, a simple
asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified.
NOTE: Division 2/Z, 1910.1200, Appendices
A and B describe the criteria producers must use for determining whether or not
a chemical is a health or physical hazard for purposes of this standard.
(z) Hazard warning — The words,
pictures, symbols, or combination on a label (or other appropriate form of warning)
that communicate the specific physical and health hazards of the chemical(s) in
the container. (See the definitions for “physical hazard” and “health
hazard” to determine the hazards which must be covered by the manufacturer.)
(aa) HCS — The Hazard
Communication Standard.
(bb) Health hazard —
A chemical that is classified as posing one of the following hazardous effects:
acute toxicity (any route of exposure); skin corrosion or irritation; serious eye
damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity;
carcinogenicity; reproductive toxicity; specific target organ toxicity (single or
repeated exposure); or aspiration hazard.
NOTE: The criteria for determining
whether a chemical is classified as a health hazard are detailed in Appendix A to
1910.1200 — Health Hazard Criteria.
(cc) Identity — See Product Identifier.
(dd) Immediate use —
For the purpose of this rule, describes when a hazardous chemical will be used only
within the work shift in which it is transferred, be under the control of and used
only by the person who transfers it from a labeled container. Under these specific
conditions, a portable, secondary container is exempted from the requirement for
a workplace label. (See 437-004-9800(5)(e).)
(ee) Importer — The
first business with employees within the Customs Territory of the United States
that receives hazardous chemicals made in other countries for the purpose of supplying
them to distributors or employers within the United States.
(ff) Label — An appropriate
group of written, printed or graphic information elements concerning a hazardous
chemical that is affixed to, printed on, or attached to the immediate container
of a hazardous chemical, or to the outside packaging.
(gg) Label elements —
The specified product identifier, pictogram(s), hazard statement(s), signal word,
and precautionary statement(s) that correlate to each chemical product’s hazard
class and category. Also, labels must identify and provide contact information for
the product’s manufacturer or other responsible party.
(hh) Manufacturer —
See Producer.
(ii) Material Safety Data
Sheet (MSDS) — See, “Safety Data Sheet (SDS)”.
(jj) Mixture — A combination
or a solution composed of two or more substances in which they do not react.
(kk) Nonroutine task —
A work activity that occurs infrequently or that varies from what is considered
a regular, standard, or normal task.
(ll) Pesticide handler —
See Handler.
(mm) Pesticide, residual
— See Residual pesticide.
(nn) Physical hazard —
A chemical that is classified as posing one of the following hazardous effects:
explosive; flammable (gases, aerosols, liquids, or solids); oxidizer (liquid, solid
or gas); self-reactive; pyrophoric (liquid or solid); self-heating; organic peroxide;
corrosive to metal; gas under pressure; or in contact with water emits flammable
gas.
NOTE: Physical Hazard Criteria is available
in Appendix B to Division 2/Z, 1910.1200.
(oo) Pictogram — A composition
that includes a red bordered square set on its point, enclosing a black symbol on
a white background that is intended to convey specific information about the hazard
of a chemical. Eight pictograms are designated under this standard for application
to specific hazard categories.
(pp) Precautionary statement
— A phrase that describes recommended measures that should be taken to prevent
or minimize adverse effects resulting from exposure to, or improper storage or handling
of a hazardous chemical.
(qq) Producer — For
the purposes of this rule, an employer with a workplace where chemicals are manufactured,
processed, extracted, generated, formulated, or repackaged for use or for distribution.
NOTE: If you mix or blend chemical
products for use in your own workplace, and the resulting mixture has no new chemical
ingredients or new hazardous characteristics, you can use the SDSs for the component
ingredients and you are not considered to be a “producer.” (An example
is mixing granular fertilizers together for application on your own property.) However,
if the combined chemicals react to create a new ingredient or the combination creates
a new hazard, you become a “producer” and you must follow the more detailed
rule requirements in the Division 2/Z, 1910.1200, Hazard Communication Standard.
(rr) Product identifier — The
unique name or number used on the label and in the SDS that provides a means by
which the user can identify the hazardous chemical. (Examples include the chemical
name, Chemical Abstracts Service (CAS) Registry Number, or other precise designation
of the substance.) The product identifier must allow cross-referencing of the product’s
label with the product’s SDS, and the list of hazardous chemicals in the employer’s
written hazard communication program.
(ss) Pyrophoric gas —
A chemical in a gaseous state that will ignite spontaneously in air at a temperature
of 130 degrees F (54.4 degrees C) or below.
(tt) Residual pesticide —
Pesticide residue that remains on crops, soil, equipment or other work surfaces,
after a pesticide application is completed and any label-required restricted entry
interval (REI) has expired. For the purpose of providing hazard information, a Safety
Data Sheet must be available for any pesticide that has been used at the workplace
within the previous 30 days.
(uu) Responsible party —
As used on a Label or Safety Data Sheet, someone who can provide additional information
on the hazardous chemical and appropriate emergency procedures, if necessary.
(vv) Restricted entry interval
(REI) — The time period that immediately follows a pesticide application (as
specified on the product label) during which only trained and protected employees
may enter into the treated area. (The treated area is the physical location where
a pesticide is being or has been applied.)
(ww) Safety data sheet (SDS)
— Written or printed information about a hazardous chemical that is prepared
(generally by the manufacturer) in accordance with paragraph (g) of and Appendix
D to Division 2/Z, 1910.1200.
(xx) Signal word —
A word used to alert the reader of the product label to a potential hazard. The
signal words used in this section are ‘‘DANGER’’ and ‘‘WARNING’’
‘‘DANGER’’ is used for the more severe hazards, while ‘‘WARNING’’
is used for the less severe. These words are chosen by the manufacturer based on
the classification and categorization of the chemical’s hazards.
NOTE: The EPA has jurisdiction over
manufacturers of pesticides and currently has its own system of signal words used
on pesticide labels.
(yy) Simple asphyxiant — A substance
or mixture that displaces oxygen in the ambient atmosphere, and can thus cause oxygen
deprivation in those who are exposed, leading to unconsciousness and death.
(zz) Specific chemical identity
— See “Product identifier”.
(aaa) Substance — Chemical
elements and their compounds in the natural state or obtained by any production
process, including any additive necessary to preserve the stability of the product
and any impurities deriving from the process used, but excluding any solvent which
may be separated without affecting the stability of the substance or changing its
composition.
(bbb) Trade secret —
A confidential formula, pattern, process, device, information or compilation of
information that is used in an employer’s business, and that gives the employer
an opportunity to obtain an advantage over competitors who do not know or use it.
NOTE: Division 2/Z 1910.1200(i) provides
guidance for emergency medical personnel who need to obtain more detailed safety
and health information about products with Trade Secret-protected ingredients. Appendix
E to Division 2/Z, 1910.1200 — Definition of Trade Secret, sets out the criteria
to be used in evaluating trade secret claims.
(ccc) Use — To handle, apply,
transfer, or generate as a by-product, any hazardous chemical covered by the requirements
of this rule.
(ddd) Work area — A
room or defined space in a workplace where hazardous chemicals are used, and where
there are employees.
(eee) Workplace — An
establishment, job site, or project, at one geographical location with one or more
work areas.
[ED. NOTE: Appendices referenced are
available from the agency.]
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 3-2014, f. & cert. ef. 8-8-14
437-004-9830
Retention of Department of Transportation
(DOT) Markings, Placards and Labels
(1) If you receive any container or
vehicle containing hazardous material, marked to comply with U.S. Department of
Transportation Hazardous Materials Regulations (49 CFR Parts 171 through 180), you
must keep those markings in place and legible until the container is empty enough
of product, residue or vapors to eliminate all hazards.
(2) Markings, placards and
labels must be readily visible.
(3) For non-bulk packages
that will not be reshipped, you are in compliance with this rule if a label or other
acceptable marking is affixed to the container and includes the information required
by the Hazard Communication Standard.
(4) For this rule, “hazardous
material” and other terms not defined here have the same definitions as in
the U.S. DOT Hazardous Materials Regulations (49 CFR Parts 171 through 180).
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13
437-004-9850
Pipe Labelling
(1) Scope and application. This rule
applies to all pipes and piping systems that contain hazardous substances, transport
substances in a hazardous state, or that use asbestos as insulation material. This
rule does not apply to buried pipe.
(2) Definitions:
(a) Asbestos: includes chrysoltile,
amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos
and any of these minerals that have been chemically treated or altered.
(b) Hazardous substances:
any substance that is a physical or health hazard.
(c) Health hazard: A chemical
that is classified as posing one of the following hazardous effects: acute toxicity
(any route of exposure); skin corrosion or irritation; serious eye damage or eye
irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity;
reproductive toxicity; specific target organ toxicity (single or repeated exposure);
or aspiration hazard. The criteria for determining whether a chemical is classified
as a health hazard are detailed in Appendix A to 1910.1200 - Health Hazard Criteria,
in Division 2/Z.
(d) Physical hazard: A chemical
that is classified as posing one of the following hazardous effects: explosive;
flammable (gases, aerosols, liquids, or solids); oxidizer (liquid, solid or gas);
self-reactive; pyrophoric (liquid or solid); self-heating; organic peroxide; corrosive
to metal; gas under pressure; or in contact with water emits flammable gas. The
criteria for determining whether a chemical is classified as a physical hazard are
detailed in Appendix B to 1910.1200 — Physical Hazard Criteria, in Division
2/Z.
(e) Piping system: includes
single or multiple pipes of any kind in addition to valves and pipe coverings.
(3) Labeling.
(a) Label pipes that contain
hazardous substances or transport substances in a hazardous state according to (A),
(B), (C) and (D) below or otherwise identify them according to (3)(b) below:
(A) Positive identification
of the hazardous contents of pipe must be by lettered labels. The label must give
the name of the contents in full or abbreviated form.
(B) The label must identify
the contents with enough detail to identify the hazard.
(C) Label wording must be
brief, informative and simple.
(D) Use stenciling, tape,
adhesives, markers or effective alternative means for labels.
NOTE: Substances “transported
in a hazardous state” typically refer to the hazards of pressure and temperature.
Examples include compressed air, hot water or steam, and cryogenic liquids or gases.
(b) The employer may use an alternative
warning method, instead of affixing labels to individual pipes, if that method identifies
the pipe(s) to which the warning applies and conveys the hazard information required
by this rule. Examples include signs, placards, process sheets, or schematics posted
on walls in the work area; or other such written materials. These alternative written
materials must be readily accessible to the employees in their work areas during
each shift.
NOTE: See OAR 437-004-9800(5) Labels
and other forms of warning for other related requirements.
(c) Label pipes or piping systems that
use asbestos insulation material to include the following statements:
(A) DANGER CONTAINS ASBESTOS
FIBERS
MAY CAUSE CANCER DO NOT BREATHE
DUST AVOID CREATING DUST
(B) Or, otherwise identify
them according to (3)(b), above.
NOTE: See OAR 437-004-9800, Hazard
Communication for Agricultural Employers and OAR 437-004-9050, Asbestos, for additional
requirements.
(4) Location of labeling.
(a) Place the labeling near
valves or flanges; adjacent to changes in direction or branches; where pipes pass
through walls, floors or ceilings; and where confusion about the contents of the
piping system may occur.
(b) Labeling must be applied,
at a minimum, at the beginning and end of continuous pipe runs.
(c) For asbestos insulation,
labeling on unobstructed continuous pipe runs must be at least every 75 feet.
(5) Visibility.
(a) Where pipes are located
above or below the normal line of vision, put the lettering below or above the horizontal
centerline of the pipe, to facilitate visibility.
(b) If pipes are inaccessible,
or at a distance that makes clear identification of the letters on a label difficult,
use alternatives to labeling that meet all other requirements of this rule.
[ED. NOTE:
Illustrations referenced are not included in rule text. Click here for PDF copy of illustration(s).]
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13; OSHA 3-2014, f. &
cert. ef. 8-8-14
437-004-9860
Hazardous Chemicals in Laboratories
Definitions: Carcinogens are chemicals
that have been determined to cause cancer by the following sources:
(1) National Toxicology Program
(NTP), Annual Report on Carcinogens (latest edition);
(2) International Agency
for Research on Cancer (IARC) Monographs (latest edition);
(3) 29 CFR Part 1910, Subpart
Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration:
or
(4) National Institute for
Occupational Safety and Health (NIOSH), The Registry of Toxic Effects of Chemical
Substances (latest edition.) Crop- or product-related quality control or quality
assurance–type laboratory work means the testing of crops or agricultural
products to uncover defects, with the goal of improving or stabilizing production
standards. Laboratory use of hazardous chemicals means handling or use of such chemicals
in which all of the following conditions are met:
(a) Chemical manipulations
are carried out on a “laboratory scale;”
(b) Multiple chemical procedures
or chemicals are used;
(c) The procedures involved
are not part of a production process, nor in any way simulate a production process;
and
(d) Protective laboratory
practices and equipment are available and in common use to minimize the potential
for employee exposure to hazardous chemicals.
Laboratory scale means work
with substances in which the containers used for reactions, transfers, and other
handling of substances are designed to be easily and safely manipulated by one person.
Laboratory scale does not include those workplaces whose function is to produce
commercial quantities of materials.
(5) If employees are engaged
only in crop- or product-related quality control or quality assurance-type laboratory
work, as defined in this rule, any work with hazardous chemicals must comply with
the requirements in OAR 437-004-9800, Hazard Communication.
(6) If employees use carcinogens
in laboratory research or crop- or product-related quality control or quality assurance-type
laboratory work, then Division 2/Z, OAR 437-002-0391, Additional Oregon Rules for
Carcinogens in Laboratories, also applies.
(7) If employees are engaged
in the laboratory use of hazardous chemicals, as defined in this rule, then Division
2/Z, 1910.1450, Occupational Exposure to Hazardous Chemicals in Laboratories, applies
to these activities.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 4-1998, f. 8-28-98,
cert. ef. 10-1-98; OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13


The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use
Read Entire Law on arcweb.sos.state.or.us