Subdivision A — General

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_400/oar_437/437_002.html
Published: 2015

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

 

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DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,

OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION










 

DIVISION 2
GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES
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Subdivision A — General

437-002-0005
Adoption by Reference
In addition to, and not in lieu of,
any other safety and health codes contained in OAR Chapter 437, the Department adopts
by reference the following federal regulations printed as part of the Code of Federal
Regulations, 29 CFR 1910, in the Federal Register:
(1) 29 CFR 1910.1, Purpose
and scope; published 6/27/74, Federal Register, vol. 39, no. 125, p. 23503.
(2) 29 CFR 1910.2, Definitions;
published 6/27/74, Federal Register, vol. 39, no. 125, p. 23503.
(3) 29 CFR 1910.3, Petitions
for the issuance, amendment, or repeal of a standard; published 6/27/74, Federal
Register, vol. 39, no. 125, p. 23503.
(4) 29 CFR 1910.4, Amendments
to this part; published 6/27/74, Federal Register, vol. 39, no. 125, p. 23503.
(5) 29 CFR 1910.5, Applicability
of standards; published 6/30/93, FR vol. 58, no. 124, p. 35308.
(6) 29 CFR 1910.6, Incorporation
by reference; published 6/13/13, FR vol. 78, no. 114, p. 35559; 11/6/13, FR vol.
78, no. 215, p. 66641.
(7) 29 CFR 1910.7, Definition
and requirements for a Nationally Recognized Testing Laboratory; published 5/11/88,
FR vol. 53, no. 91, p. 16838.
(8) 29 CFR 1910.9, Compliance
duties owed to each employee; published 12/12/08, Federal Register, vol. 73, no.
240, pp. 75568-75589.
These standards are on file at the Oregon
Occupational Safety and Health Division, Oregon Department of Consumer and Business
Services, and the United States Government Printing Office.
Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stat. Implemented: ORS 654.001
- 654.295
Hist.: APD 17-1988, f. &
ef. 11-10-88; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 8-1999, f. & cert.
ef. 8-6-99; OSHA 4-2005, f. & cert. ef 12-14-05; OSHA 4-2007, f. & cert.
ef. 8-15-07; OSHA 7-2008, f. & cert. ef. 5-30-08; OSHA 5-2009, f. & cert.
ef. 5-29-09; OSHA 1-2010, f. & cert. ef. 2-19-10; OSHA 2-2010, f. & cert.
ef. 2-25-10; OSHA 4-2011, f. & cert. ef. 12-8-11; OSHA 5-2012, f. & cert.
ef. 9-25-12; OSHA 7-2012, f. & cert. ef. 12-14-12; OSHA 7-2013, f. & cert.
ef. 12-12-13

Oregon Amendments

437-002-0006
General Oregon Definitions
For the purposes of administration of the Oregon Safe Employment Act, the following terms mean:
(1) "Act" means the Oregon Safe Employment Act, ORS Chapter 654.
(2) "Agency" means the Occupational Safety and Health Division, Department of Insurance and Finance.
(3) "Assistant Secretary" means the Administrator of the Occupational Safety and Health Division or designated representative.
(4) "Assistant Secretary of Labor for Occupational Safety and Health" means the Administrator of the Occupational Safety and Health Division or designated representative.
(5) "Office of the Solicitor of Labor" means Legal Counsel for the Occupational Safety and Health Division.
(6) "Occupational Safety and Health Administration" or "OSHA" means the Oregon Occupational Safety and Health Division, Department of Consumer and Business Services.
(7) "Standards" mean any occupational safety and health standard which has been adopted and promulgated by a nationally-recognized standards-producing organization, the federal government, or the State of Oregon and shall have the same meaning as, and include, the term "code(s)" and "rule(s)".
(8) "Administrative Rules" means OAR Chapter 437, Division 001, Rules for the Administration of the Oregon Safe Employment Act, and ORS Chapter 183.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: APD 17-1988, f. & ef. 11-10-88
437-002-0007
Testing and Certification
By adopting these rules, the Department does not establish a testing and certification program separate from the federal OSHA Testing and Certification Program. The Department will accept as valid for compliance with its rules, the Testing and Certifications of Laboratories issued by federal OSHA.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

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

Subdivision B — Adoption and Extension of Established Federal Standards

437-002-0010
Adoption by Reference
In addition to, and not in lieu of, any other safety and health codes contained in OAR Chapter 437, the Department adopts by reference the following federal rules as printed in the Code of Federal Regulations, 29 CFR 1910, revised as of 7/1/98, and any subsequent amendments published in the Federal Register as listed below:
(1) 29 CFR 1910.11 Scope and Purpose, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28504.
(2) 29 CFR 1910.12 Construction work, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28504.
NOTE: 29 CFR 1910.13 Ship repairing, and 1910.14 Shipbuilding, were removed 6/30/93, Federal Register, vol. 58, no. 124, p. 35308.
(3) 29 CFR 1910.15 Shipyard Employment, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28505; amended 6/30/93, FR vol. 58, no. 124, p. 35308.
(4) 29 CFR 1910.16 Longshoring, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28505; amended 7/5/83, FR vol. 48, pg. 30908; 12/1/98, FR vol. 63, no. 230, p. 66270.
(5) 29 CFR 1910.17 Effective dates, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28505; 3/7/96, FR vol. 61, no. 46, p. 9235.
(6) 29 CFR 1910.18 Changes in established federal standards, published 6/27/74, Federal Register, vol. 39, no. 125, p. 28505.
(7) 29 CFR 1910.19 Special provisions for air contaminants, published 6/30/78, Federal Register, vol. 43, p. 28473; amended 10/3/78, FR vol. 43, p. 45809; 11/14/78, FR vol. 43, p. 53007; 1/26/79, FR vol. 44, p. 5447; 6/19/81, FR vol. 46, p. 25796; 12/13/85, FR vol. 50, p. 51173; 6/20/86, FR vol. 51, p. 22733; 10/17/86, FR vol. 51, p. 37004; 9/11/87, FR vol. 52, p. 34562; 12/4/87, FR vol. 52, p. 46291; 8/10/92, FR vol. 57, no. 154, pp. 35666-35681; 9/14/92, FR vol. 57, no. 178, pp. 42388-42453; 8/10/94, FR vol. 59, no. 153, p. 41057; 11/4/96, FR vol. 61, no. 214, p. 56831; 1/10/97, FR vol. 62, no. 7, p. 1600.
NOTE: These standards are available at the Oregon Occupational Safety and Health Division, Oregon Department of Consumer and Business Services, and the United States Government Printing Office.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

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

Subdivision C — Access to Employee Exposure and Medical Records

437-002-0015
Adoption by Reference
In addition to, and not in lieu of, any other safety and health codes contained in OAR Chapter 437, the Department adopts by reference the following federal rules as printed in the Code of Federal Regulations, 29 CFR 1910, revised as of 7/1/96, and any subsequent amendments published in the Federal Register as listed below: 29 CFR 1910.20 Access to Employee Exposure and Medical Records has been redesignated to 29 CFR 1910.1020.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

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

Subdivision D — Walking-Working Surfaces

437-002-0020
Adoption by Reference
In addition to,
and not in lieu of, any other safety and health codes contained in OAR chapter 437,
the Department adopts by reference the following federal regulations printed as
part of the Code of Federal Regulations, 29 CFR 1910, in the Federal Register:
(1) 29 CFR
1910.21 Definitions, published 6/27/74, Federal Register, vol. 39, no. 125, pp.
23505–23508.
(2) 29 CFR
1910.22 General Requirements, published 6/27/74, FR vol. 39, no. 125, p. 23508.
(3) 29 CFR
1910.23 Guarding Floor and Wall Openings and Holes, published 2/10/84, FR vol. 49,
p. 5321. Amended with Oregon OSHA AO 2-2013, f. 2/15/13, ef. 4/1/13.
(4) 29 CFR
1910.24 Fixed Industrial Stairs, published 2/10/84, FR vol. 49, p. 5321.
(5) 29 CFR
1910.25 Portable Wood Ladders, REPEALED. In Oregon, OAR 437-002-0026 applies.
(6) 29 CFR
1910.26 Portable Metal Ladders, REPEALED. In Oregon, OAR 437-002-0026 applies.
(7) 29 CFR
1910.27 Fixed Ladders, REPEALED. In Oregon, OAR 437-002-0027 applies.
(8) 29 CFR
1910.28 Safety Requirements for Scaffolding, published 4/12/88, FR vol. 53, p. 12121.
(9) 29 CFR
1910.29 Manually Propelled Mobile Ladder Stands and Scaffolds (Towers), published
6/27/74, FR vol. 39, no. 125, pp. 23529–23530.
(10) 29 CFR
1910.30 Other Working Surfaces, published 3/7/96, FR vol. 61, no. 46, p. 9235.
(11) 29 CFR
1910.31 Source of Standards, published 3/7/96, FR vol. 61, no. 46, p. 9235.
(12) 29 CFR
1910.32 Standards Organizations, published 3/7/96, FR vol. 61, no. 46, p. 9235.
These standards
are available at the Oregon Occupational Safety and Health Division, Oregon Department
of Consumer and Business Services, and the United States Government Printing Office.
Stat. Auth.: ORS
654.025(2) & 656.726(4)

Stats. Implemented:
ORS 654.001 - 654.295

Hist.: APD
4-1990, f. & cert. ef. 1-23-90; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA
10-1999, f. & cert. ef. 9-10-99; OSHA 2-2013, f. 2-15-13, cert. ef. 4-1-13
437-002-0022
Additional Oregon General Requirements
(1) Barriers.
(a) Protective barriers or suitable guards shall be erected when covers over openings are removed or excavations made in places accessible to vehicular or pedestrian traffic. Warning lights or flares shall be displayed if work is being done at night. These protective measures shall be maintained until permanent or adequate covers or barricades are in place or the hazard removed.
(b) A watchperson shall be stationed where temporary conditions do not permit safeguarding of employees through the use of warning signs, lights, protective barriers, or covers.
(2) Plant Arrangement.
(a) Provisions for safety (such as adequate work and storage space for the full needs of raw, in-process, and finished materials, and for machinery, equipment and operations) shall be included in plant design, layout, and operation.
(b) A vertical clearance of not less than 6-1/2 feet shall be provided over work areas. Where it is otherwise impractical to secure adequate head room, overhead obstructions may be padded or may be indicated by means of contrasting paint, telltales, or similar means, if such means will furnish adequate protection.
(c) Work platforms provided shall be of sufficient width to provide a safe working space.
(3) Aisles, Passageways, Walkways, Inclines.
(a) Aisles, passageways, and walkways shall be of adequate width for their intended or actual use, and in no event shall they be less than 22 inches wide. Passageways which are elevated more than 4 feet above the ground or floor level shall be provided with standard railings.
(b) Walkways or passageways equipped with standard handrails shall be provided for oilers and other workers who are regularly required to go to elevated or other hazardous locations. Whenever space will permit, they shall be not less than 22 inches wide.
(A) Fixed inclined walkways shall be not less than 22 inches wide, equipped with handrails on each open side, inclined at no greater angle than 24 degrees, and they shall be securely fastened at the top and bottom.
(B) Moveable inclined walkways which extend to floats or floating equipment (except to vessels under Federal jurisdiction) shall be not less than 20 inches wide, and shall be secured at the upper end only with clear space provided for the lower end to adjust automatically with the heights of water.
(d) An adequate anti-slip surface shall be applied to inclined walkways whenever the gradient so warrants. Adequate cleats secured at uniform intervals not to exceed 18 inches, and extending the full width of the walkway when practical, may be used for this purpose.
(e) Inclines extending from floor to floor which are used instead of stairways shall have standard railings in accordance with the requirements for stairways.
(f) Aisles, passageways, walkways, and inclines shall be kept in good repair and shall be free of holes, unevenness, loose boards, protruding nails, or any other unnecessary obstructions or debris.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: OSHA 4-1990, f. & cert. ef. 1-23-90; OSHA 6-1994, f. & cert. ef. 9-30-94; Renumbered from 437-002-0022
437-002-0023
Covers for
Holes
Covers for holes
in floors, roofs, and other walking/working surfaces (to include skylights and skylight
screens) must be capable of supporting, without failure, at least twice the weight
of employees, equipment, and materials that may be imposed on the cover at any one
time.
Stat. Auth.: ORS
654.025(2) & 656.726(4)

Stats. Implemented:
ORS 654.001 - 654.295

Hist.: OSHA
2-2013, f. 2-15-13, cert. ef. 4-1-13
437-002-0026
Portable Ladders
(1) Definitions. Portable ladder terms mean:
(a) Check. A lengthwise separation of the wood, most of which occurs across the rings of annual growth.
(b) Compression failure. A deformation (buckling) of the fibers due to excessive compression along the grain.
(c) Decay. Disintegration of wood substance due to action of wood-destroying fungi. It is also known as dote and rot.
(d) Extension ladder. A non self-supporting portable ladder of adjustable length. It has two or more sections that adjust to varied lengths.
(e) Extension trestle ladder. An adjustable, self-supporting portable ladder made of a trestle ladder base and a vertical extension section.
(f) Ladder. A device with steps, rungs or cleats between rails, for people to climb up or down.
(g) Low density wood. Exceptionally light in weight and usually deficient in strength for the species.
(h) Platform ladder. A fixed length, self-supporting portable ladder with a platform at the highest permissible standing level.
(i) Platform. A landing surface for working or standing.
(j) Reinforced Plastic. A plastic made stronger than its base by the addition of high strength fillers, usually fibers, fabrics or mats.
(k) Section.
(A) Bottom or base section. The lowest section of a non self-supporting portable ladder.
(B) Middle or intermediate section. The section(s) between the top (fly) and bottom (base) sections of a non self-supporting portable ladder.
(C) Top or fly section. The uppermost section of a non self-supporting portable ladder.
(l) Sectional ladder. A non-self-supporting, fixed length, portable ladder, with two or more sections of ladder that may combine to work as a single ladder. Its size is the length of the assembled sections.
(m) Shake. A separation along the grain, most of which occurs between the rings of annual growth.
(n) Single Section Ladder. A fixed length, non self-supporting portable ladder made of one section.
(o) Stepladder. A fixed length, self-supporting portable ladder with a hinged back.
(p) Top Cap. The very top part of a stepladder.
(q) Top Step. The first step below the top cap of a stepladder. If the ladder has no top cap, the top step is the first one below the top of the rails.
(r) Trestle ladder. A fixed length, self-supporting portable ladder made of two sections and hinged at the top. It can be climbed by two people at once, one per side.
(s) Wane. Bark, or the lack of wood from any cause, on the corner of a piece.
(t) Wood irregularities. Natural characteristics in or on wood that may lower its durability, strength, or utility.
(u) Working Load Rating. The maximum load authorized by the manufacturer for the ladder.
(2) Application: This standard covers the selection, use and care of portable ladders used in agriculture. It does not cover orchard ladders, special ladders, combination step and extension ladders, aisle way step ladders, and shelf ladders.
(3) Ladder selection:
(a) Portable reinforced plastic (fiberglass) ladders must comply with American National Standard A14.5-1992. Wood ladders must comply with American National Standard A14.1-1994. Metal ladders must comply with American National Standard A14.2-1990.
(b) Unaltered and properly maintained ladders that meet the ANSI standard in effect at the time of their manufacture comply with this standard as do ladders that comply with newer versions of the particular ANSI standard.
(4) Condition of wood ladders: There must be no sharp edges or splinters on wood parts. Visual inspection must show no check, shake, wane, compression failures, decay, or other wood irregularities. Ladders may not be made of low-density wood.
(5) General requirements -- all ladders:
(a) Step spacing must be uniform and not more than 12 inches. Steps must be parallel and level when the ladder is in the normal use position.
(b) All joints, attachments and working parts of ladders must be tight and not worn to a point that causes a hazard. Do not use ladders with damaged or bent parts.
(c) Replace frayed or badly worn rope.
(d) Safety feet and other auxiliary equipment must in good condition.
(e) Inspect ladders and remove from use any with defects. Ladders awaiting repair must be tagged "Dangerous, Do Not Use."
(f) There can be no dents, breaks or bends in the side rails or rungs.
(g) Do not make ladders by fastening cleats across a single rail.
(h) Portable ladders must have nonslip bases.
(6) General requirements -- Portable stepladders:
(a) The minimum width between side rails at the top, inside to inside, must be not less than 11 inches. From top to bottom, the side rails must spread at least 1 inch for each foot of length of the stepladder.
(b) The bottoms of the four rails must have insulating nonslip material.
(c) There must be a metal spreader or locking device strong enough to hold the ladder open. The spreader must have no sharp points or edges. For Type III ladders, the pail shelf and spreader can be one unit (a shelf-lock ladder).
(7) Use -- All ladders: Use ladders only for purposes approved or recommended by the manufacturer.
(a) Do not load ladders beyond their working load rating.
(b) Do not use ladders in front of doors that open toward the ladder without blocking, locking or guarding the door.
(c) Do not use ladders placed on boxes, barrels, or other unstable bases to obtain additional height.
(d) Do not use ladders with broken or missing steps, rungs, or cleats, broken side rails, or other faulty parts.
(e) Do not splice sections of short ladders together to make a long one.
(f) When used, metal reinforcers must be on the underside of rails of portable rung ladders.
(g) A ladder for access to a roof must extend at least 3 feet above the top support point, at the eave, gutter, or roofline.
(h) Secure ladders as necessary when used on surfaces that may allow slipping or movement. Use one of the following methods:
(A) Non-slip bases on the ladder feet; or
(B) Steel points or safety shoes on the ladder feet, designed for the type of surface the ladder is on; or
(C) Nail the ladder to the floor, or set it against secured blocks or chocks.
NOTE: Non-slip bases are not a substitute for care in safely placing, lashing, or holding a ladder on oily, metal, concrete, or slippery surfaces.
(i) Use portable ladders only on a surface that gives stable, level footing.
(j) The climber must face the ladder and have free use of both hands when climbing up or down.
(k) Do not step or jump between erected ladders.
(l) There must be only one person at a time on a ladder unless its labeling specifically allows use by more than one person.
(m) Do not use ladders as planks or bridges between walking surfaces or in other horizontal applications.
(n) Do not use ladders to gain additional height from elevated surfaces like scaffolds, truck beds, vehicle bodies, tractor scoops or boom truck buckets.
(o) When working on or near electric circuits or energized lines, comply with OAR 437-002-1910.333(c).
(p) Unless the ladder has a single support attachment, the tops of both rails must contact an adequate support surface.
(q) Do not use ladders for any purpose not intended by the manufacturer nor as a brace, skid, guy or anchor point.
(8) Use of specific types of ladders.
(a) Portable stepladders. Do not use stepladders more than 20 feet long.
(A) Do not climb on the back section of the ladder unless it has steps meant for climbing. Do not stand on the top step or top cap of stepladders.
(B) There must be only one person at a time on the ladder.
(C) Do not use stepladders in freestanding positions when not fully opened. Do not use them as supports for working platforms or scaffolding planks.
(b) Portable rung ladders.
(A) Single ladder.
(i) Do not use single ladders more than 30 feet long.
(ii) Place these ladders at an angle shown in Figure 1. [Figure not included. See ED. NOTE.]
(iii) The tops must be tied down or secured if there is a possibility of sliding or movement.
(iv) Single ladders are acceptable as fixed ladders only when they comply with 437-002-0027.
(B) Two-section ladder.
(i) Do not use two-section extension ladders more than 60 feet long. All ladders of this type must have two sections, one to fit within the side rails of the other, and arranged so that the upper section will raise and lower.
(ii) Set up and use extension ladders so that the top section or fly is resting on the bottom section or base. Rung locks must be in the proper position.
(iii) Place these ladders at an angle shown in Figure 1.
(iv) The tops must be tied down or secured if there is a possibility of sliding or movement.
(v) On two-section extension ladders the minimum overlap for the two sections in use must be as follows: [Table not included. See ED. NOTE.]
(C) Sectional ladder.
(i) Do not use assembled combinations of sectional ladders longer than lengths allowed in this subdivision.
(ii) Place these ladders at an angle shown in Figure 1.
(iii) The tops must be tied down or secured if there is a possibility of sliding or movement.
(iv) Do not use three section extension ladders longer than 72 feet.
(D) Trestle and extension trestle ladder. Do not use trestle ladders, or extension sections or base sections of extension trestle ladders more than 20 feet long.
[ED. NOTE: Copies of the Figures and Tables referenced in this rule are available from the agency.]
[Publications: The publications referenced in this rule are available for review at the agency.]
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: OSHA 10-1999, f. & cert. ef. 9-10-99
437-002-0027
Fixed Ladders
(1) Definitions. Fixed ladder terms mean:
(a) Cage. A guard sometimes referred to as a basket guard that is an enclosure fastened to the side rails of a fixed ladder or to a structure to encircle the climbing space of the ladder.
(b) Cleats. Ladder crosspieces of rectangular cross-section placed on edge on which a person may step when climbing up or down.
(c) Fastenings. A device to attach a ladder to a structure, building, or equipment.
(d) Fixed ladder. A ladder permanently attached to a structure, building, or equipment.
(e) Grab bars. Individual handholds adjacent to or as an extension above ladders to provide access beyond the limits of the ladder.
(f) Individual-rung ladder. A fixed ladder with each rung individually attached to a structure, building, or equipment.
(g) Ladder. A device with steps, rungs or cleats between rails, for people to climb up or down.
(h) Ladder safety device. Any device, other than a cage or well, designed to eliminate or reduce the possibility of accidental falls, that may use life belts, friction brakes, and sliding attachments.
(i) Pitch. The included angle between the horizontal and the ladder, measured on the opposite side of the ladder from the climbing side.
(j) Rail ladder. A fixed ladder with side rails joined at regular intervals by rungs or cleats and fastened in full length or in sections to a building, structure, or equipment.
(k) Rungs. Ladder crosspieces of circular or oval cross-section on which a person may step when climbing up or down.
(l) Side-step ladder. One from which a person getting off at the top must step sideways to reach the landing.
(m) Steps. The flat crosspieces of a ladder on which a person may step when climbing up or down.
(n) Through ladder. A ladder from which a person getting off at the top must step through side rails to reach the landing.
(o) Well. A permanent complete enclosure around a fixed ladder, that is attached to the walls of the well. Proper clearances for a well will give the climber the same protection as a cage.
(2) Design requirements: Design considerations. All ladders, appurtenances, and fastenings must meet these load requirements:
(a) The minimum design live load must be a single concentrated load of 200 pounds.
(b) Design consideration must include the number and position of additional concentrated live load units of 200 pounds each as determined from anticipated use.
(c) Consider the live loads caused by persons on the ladder to be concentrated at such points as will cause the maximum stress in the structural member being under evaluation.
(d) Use the weight of the ladder and attachments together with the live load when designing rails and fastenings.
(e) All wood parts of fixed ladders must meet the requirements of OAR 437-002-0027(3).
(f) For fixed ladders with wood side rails and wood rungs or cleats, used at an angle between 75º and 90º, and intended for use by no more than one person per section, single ladders in OAR 437-002-0026(8)(b)(A) are acceptable.
(3) Specific features.
(a) Rungs and cleats.
(A) All rungs must have a minimum diameter of 3/4 inch for metal ladders, except as in paragraph OAR 437-002-0027(3)(g) and a minimum diameter of 1-1/8 inches for wood ladders.
(B) The distance between rungs, cleats, and steps must be uniform and not more than 12 inches.
(C) The minimum clear length of rungs or cleats must be 16 inches.
(D) Rungs, cleats, and steps must not have splinters, sharp edges, burrs, or projections.
(E) The rungs of an individual rung ladder must not allow the climber's foot to slide off the end. Figure 2 shows a suggested design. [Figure not included. See ED. NOTE.]
(b) Side rails. Side rails that might be used as a climbing aid must be of such cross sections as to afford adequate gripping surface without sharp edges, splinters, or burrs.
(c) Fastenings. Fastenings must be an integral part of fixed ladder design.
(d) Splices. All splices must meet design requirements noted in (2)(a) above. All splices and connections must have smooth transition with original members and no sharp or extensive projections.
(e) Electrolytic action. Protect dissimilar metals from electrolytic action when they are joined.
(f) Welding. All welding must be according to the "Code for Welding in Building Construction" (AWSD1.0-1966).
(g) Protection from deterioration. Paint or treat metal ladders and attachments to resist corrosion and rusting when necessary. Ladders with individual metal rungs imbedded in concrete, that serve as access to pits and to other areas under floors, must have rungs with a minimum diameter of 1 inch or paint or treatment to resist corrosion and rusting.
(4) Clearance.
(a) Climbing side. On fixed ladders, the perpendicular distance from the centerline of the rungs to the nearest permanent object on the climbing side of the ladder must be 36 inches for a pitch of 76º, and 30 inches for a pitch of 90º (fig. 3), with minimum clearances for intermediate pitches varying between these two limits in proportion to the slope, except as in (4)(c) and (e) below.
(b) Ladders without cages or wells. There must be a clear width of at least 15 inches each way from the centerline of the ladder in the climbing space, except when cages or wells are necessary.
(c) Ladders with cages or baskets. Subparagraphs (4)(a) and (b) above do not cover ladders with a cage or basket. They must conform to (5)(a)(E). Subparagraph (4)(a) above does not cover fixed ladders in smooth-walled wells. They must conform to (5)(a)(F).
(d) Clearance in back of ladder. The distance from the centerline of rungs, cleats, or steps to the nearest permanent object in back of the ladder must be not less than 7 inches, except that when there are unavoidable obstructions, there must be minimum clearances shown in Figure 4. [Figure not included. See ED. NOTE.]
(e) Clearance in back of grab bar. The distance from the centerline of the grab bar to the nearest permanent object in back of the grab bars must be not less than 4 inches. Grab bars must not protrude on the climbing side beyond the rungs of the ladder that they serve.
(f) Step-across distance. The step-across distance from the nearest edge of the ladder to the nearest edge of equipment or structure must be not more than 12 inches, or less than 2 inches (Figure 5). [Figure not included. See ED. NOTE.]
(g) Hatch cover. Counterweighted hatch covers must open a minimum of 60º from the horizontal. The distance from the centerline of rungs or cleats to the edge of the hatch opening on the climbing side must be not less than 24 inches for offset wells or 30 inches for straight wells. There must be no protruding potential hazards within 24 inches of the centerline of rungs or cleats; any such hazards within 30 inches of the centerline of the rungs or cleats must have deflector plates at an angle of 60º from the horizontal as shown in figure 6. The relationship of a fixed ladder to an acceptable counterweighted hatch cover is shown in Figure 7. [Figure not included. See ED. NOTE.]
(5) Special requirements.
(a) Cages, Wells and Ladder Climbing Safety systems.
(A) Cages, wells or ladder climbing safety systems must be on all ladders where the length of climb is more than 24 feet but not more than 50 feet or the top of the ladder is more than 24 feet above the ground or nearest lower landing surface.
NOTE: Design specifications for cages and wells are in Figures 8, 9 and 10.
(B) Ladders with a length of climb more than 50 feet must have a cage, well or climbing safety system and must meet one of the following two requirements:
(i) When using a cage or well the ladder must be in sections, horizontally offset, with rest platforms at least every 50 feet.
(ii) When using a ladder climbing safety system the ladder must have rest platforms at least every 150 feet (except chimneys).
(C) Cages must extend at least 42 inches above the top of the landing, unless there is other acceptable protection.
(D) Cages must extend down the ladder to a point not less than 7 feet nor more than 8 feet above the base of the ladder. The bottom must flare not less than 4 inches or the portion of the cage opposite the ladder must extend to the base.
(E) Cages must not extend less than 27 nor more than 28 inches from the centerline of the rungs of the ladder. Cages must not be less than 27 inches in width. The inside must be clear of projections. Vertical bars must be at a maximum spacing of 40 degrees around the circumference of the cage; this will give a maximum spacing of approximately 9 inches, center to center.
(F) Ladder wells must have a clear width of at least 15 inches measured each way from the centerline of the ladder. Smooth-walled wells must be a minimum of 27 inches from the centerline of rungs to the well wall on the climbing side of the ladder. Where other obstructions on the climbing side of the ladder exist, there must be a minimum of 30 inches from the centerline of the rungs.
(b) Landing platforms.
(A) Where a person has to step a distance more than 12 inches from the center line of the rung of a ladder to the nearest edge of a structure or equipment, there must be a landing platform. The minimum step-across distance is 2 inches.
(B) All landings must have standard railings and toeboards, that give safe access to the ladder. Platforms must be not less than 24 inches wide and 30 inches long.
(C) One rung of any section of ladder must be at the level of the landing laterally served by the ladder. Where access to the landing is through the ladder, the spacing from the landing platform to the first rung below the landing must be the same as the rung spacing on the ladder.
(c) Ladder extensions. The side rails of through or side step ladder extensions must extend 3 feet above parapets and landings. For through ladder extensions, omit the rungs from the extension. There must be not less than 18 nor more than 24 inches clearance between rails. For side step or offset fixed ladder sections, at landings, the side rails and rungs must extend to the next regular rung beyond or above the 3-foot minimum (Figure 11). [Figure not included. See ED. NOTE.]
(d) Grab bars. Space grab bars by a continuation of the rung spacing when they are horizontal. Vertical grab bars must have the same spacing as the ladder side rails. Grab bar diameters must be the equivalent of the round rung diameters.
(6) Pitch.
(a) Preferred pitch. The preferred pitch of fixed ladders is between 75º and 90º with the horizontal (Figure 12). [Figure not included. See ED. NOTE.]
(b) Substandard pitch. Fixed ladders are substandard if they are between 60º and 75º with the horizontal. Substandard fixed ladders are allowed only where necessary to meet conditions of installation.
(c) Scope of coverage in this section. This section covers only fixed ladders between 60º and 90º with the horizontal.
(d) Pitch more than 90º. No ladder may be more than 90º with the horizontal.
(7) Maintenance. All ladders must be in safe condition. Inspect ladders at intervals determined by use and exposure.
[ED. NOTE: Copies of the Figures referenced in this rule are available from the agency.]
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: OSHA 10-1999, f. & cert. ef. 9-10-99
437-002-0028
Guardrails and Toeboards
Guardrails and toeboards shall be installed on all open sides and ends of platforms more than 10 feet above the ground or floor.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: OSHA 4-1990, f. & cert. ef. 1-23-90
437-002-0030
Floors
The following Oregon-initiated rule relates to 29 CFR 1910.30, Other Working Surfaces:
(1) Floors, floor supports, and required appurtenances shall be well maintained and kept in good repair. Defects should be remedied as soon as observed. Unless repaired immediately, hazardous floor openings and holes shall be fenced off or otherwise suitably guarded, and shall remain fenced off or guarded until properly repaired.
(2) Floors subject to slipping hazards due to conditions or processes of an operation or materials to which they will be exposed shall be of material and/or design which will effectively control slippery conditions.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: OSHA 4-1990, f. & cert. ef. 1-23-90; OSHA 6-1994, f. & cert. ef. 9-30-94
437-002-0031
Provisions for Window Cleaners
(1) Every window so constructed that a worker must stand on the outside sill or ledge to clean the window and having a sill more than ten feet above the ground or adjoining surface, shall have a sill at least six inches wide with a slope not greater than one to six, and shall have a securely fastened at each side of the window, at a height not less than 42 inches or more than 51 inches, a safety anchorage to which may be fastened a window cleaner's safety belt. Such anchorage shall be of a metal having a corrosion resistance of 60 percent as compared to copper. The anchor shall be machined from bar stock or forged and heat-treated, and shall be capable of supporting a pull of 6,000 pounds without fracture applied in the direction which the anchor must withstand in service should a person fall.
(2) Anchor clearance shall be not less than one inch at either side and not less than five inches above or below the anchor.
(3) All anchors and anchor fastenings shall be provided with means to prevent them from turning, backing off or becoming loose.
(4) Anchor fittings having a single threaded section which is merely screwed into reinforcing plates are prohibited.
(5) Following are acceptable methods of installing anchors in various types of construction. Other methods excepting those specifically prohibited, may be permitted, provided that they furnish at least the equivalent strength and safety:
(a) In wood construction, two through bolts of not less than 3/8 inch diameter shall pass through the entire window frame or mullion to secure each anchor, securely fastened by a washer and nut, the ends of bolts upset to prevent the nuts from loosening or being removed. The use of lag screws is specifically prohibited;
(b)(A) In hollow metal frame construction, the anchor shall be attached by two 3/8 inch diameter bolts which shall pass through the face of the frame and through a 3/8 inch thick steel back-up plate, 3/4 inch wide extending from five inches above the upper bolt to two inches below th lower one. Bolts shall be secured by means of nuts and lock washers or equivalent means. If impractical to provide nuts and lock washers, the reinforcing plate may be tapped to receive the 3/8 inch bolts, which must pass completely through the plate and be secured with lock washers. If the threaded bolt is an integral part of the anchor, it shall be at least 1/2 inch in diameter and be secured by a nut and lock washer or equivalent means. All screws or bolts used shall have the threads terminate far enough from the head to prevent weakening due to undercutting;
(B) In either solid or hollow aluminum frames, the reinforcing plate and bolts shall be heavily coated with a bituminous paint, and a plastic gasket shall be placed between the anchor and the aluminum metal as a means of preventing electrolytic action between unlike metals; or another acceptable means which will prevent such action may be used.
(c) In solid metal frame construction, anchors shall be attached by two 3/8 inch diameter bolts passed through the frame and secured by nuts and washers on the inside, ends of bolts upset. When this method cannot be used, it will be permissible to drill and tap the metal frame to a depth of at least 3/8 inch and install the anchor with at least two 3/8 inch screws, which shall have the threads terminate far enough from the head to prevent weakening due to undercutting. If the threaded bolt is an integral part of the anchor, it shall be at least 1/2 inch in diameter and be secured by a nut and lock washer, or equivalent means;
(d) In masonry construction, the anchor shall be either a single bolt at least 1/2 inch in diameter, or two 3/8 inch diameter bolts. Such bolt or bolts shall have a head on the inner end and shall be imbedded not less than eight inches in solid masonry, or extend through the wall or mullion and be secured by a nut and lock washer or equivalent means. The use of masonry anchors consisting of flat metal embedded in mortar joints between brick or concrete blocks or stone is prohibited in new or existing buildings.
(6) Where sills are less than six inches wide, auxiliary or portable sills or other means providing equivalent safety may be permitted.
(7) Window cleaners' anchorages shall be inspected regularly and any defects found shall be remedied before workers are permitted to use them.
(8) For buildings constructed, remodeled or renovated on or after the adoption date of this rule the provisions of ANSI/ASME A39.1-1987 shall apply.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: OSHA 4-1990, f. & cert. ef. 1-23-90
437-002-0032
Ramps and Runways
(1) Ramps and runways shall be substantially constructed, and shall be maintained in safe condition.
(2) Ramps and runways for vehicles shall have adequate width and evenness for safe operation of equipment and they shall be provided with timber guards of not less than nominal six-inch by six-inch material set on nominal three inch blocks, or the equivalent, placed parallel to and secured to the sides of the ramp or runway.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: OSHA 4-1990, f. & cert. ef. 1-23-90
437-002-0033
Piers and Wharves
(1) Open sides of piers and wharves, more than four feet above ground or water level, shall be provided with a shear or guard timber (bull rail) of not less than six-inch by six-inch wood material set on nominal three-inch blocking, or material of equal strength and of minimum height securely attached. Except for areas where vessels' mooring lines are handled, the open sides not used for loading or unloading purposes shall be provided with standard handrails in addition to shear timbers.
(2) Ladders or other means of access reaching from low water mark to the dock floor shall be provided for each 400 feet or portion thereof of the water side of all wharves and piers. Where portable ladders are used, a secure method of fastening them shall be provided.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

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

Subdivision E — Means of Egress

437-002-0040
Adoption by Reference
In addition to and not in lieu of any other safety and health codes contained in OAR Chapter 437, the Department adopts by reference the following rules as printed in the Code of Federal Regulations, 29 CFR 1910, revised as of 7/1/99, and any subsequent amendments published in the Federal Register as listed below:
(1) 29 CFR 1910.35 Definitions, REPEALED. In Oregon, OAR 437-002-0041 applies.
(2) 29 CFR 1910.36 General Requirements, REPEALED. In Oregon, OAR 437-002-0041 applies.
(3) 29 CFR 1910.37 Means of Egress -- General, REPEALED. In Oregon, OAR 437-002-0041 applies.
(4) 29 CFR 1910.38 Employee Emergency Plans and Fire Prevention Plans, REPEALED. In Oregon, OAR 437-002-0042 and 437-002-0043 apply.
These rules are on file with Oregon Occupational Safety and Health Division, Department of Consumer and Business Services and the United States Government Printing Office.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: APD 4-1990, f. & cert. ef. 1-23-90; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 8-2000, f. & cert. ef. 10-10-00
437-002-0041
Exits and Exit Routes
(1) Application: This subpart does not apply to mobile workplaces, like vehicles or vessels.
(2) Definitions:
(a) Exit. The part of the exit route, that is a way out of the workplace (like a door, stairwell or vestibule).
(b) Exit Route. A continuous, unobstructed path from anywhere in a work area to the exit.
(3) General:
(a) There must be permanent, unobstructed exit routes to get out of work areas safely during emergencies.
(b) There must be two or more exit routes depending on the size and layout of the work area and the number of people involved. A single exit route is acceptable only if all workers can get out through it safely during an emergency. Locate multiple exit routes apart from each other.
(4) Design:
(a) An exit must have enough openings to permit access to, or exit from, occupied areas. An interior opening into an exit must have a self-closing fire door that remains closed. Each fire door, its frame, and its hardware must be listed or approved by a nationally recognized testing laboratory.
Note to paragraph(a): 29 CFR 1910.155(c)(3)(iv)(A) defines "listed," 29 CFR 1910.7 defines a "nationally recognized testing laboratory," and 29 CFR 1910.155 (c)(3) defines "approved."
(b) Walls or partitions that separate an exit from other areas must have at least a 1-hour fire resistance rating if the exit connects three stories or less. Materials that separate an exit must have at least a 2-hour fire resistance rating if the exit connects four stories or more.
(c) Exits must open from the inside without keys, tools or special knowledge. Devices that lock only from the outside are acceptable. There must be nothing on an exit door that could hinder its use during an emergency.
Note: You may lock or block an exit door from the inside in a mental, penal, or correctional institution, if supervisory personnel are continuously on duty and a plan exists to remove occupants during an emergency.
(d) An exit must lead directly outside or to a street, walkway, refuge area, or to an open space with access to the outside.
(e) Exit stairs that continue beyond the floor of exit discharge must have doors, partitions, or other effective means at the floor of exit discharge to assure that the direction of exit travel is clear to employees.
(f) Use only a side-hinged exit door to connect any room to an exit route. The door must swing out if the room can hold more than 50 persons or has highly flammable or explosive materials in it.
(g) Each exit route must be able to handle the maximum-permitted occupant load for each floor served by it. The capacity of a path to the exit must not decrease as people move toward the exit.
(h) The exit route must be at least 6 feet, 8 inches high at all points.
(i) An exit route must be at least 28 inches wide at all points between handrails and wider if needed to handle the occupant load.
(j) Objects that project into the exit route must not reduce the minimum height and width of the exit route.
(k) Repair or replace damaged or altered fire retardant coatings to keep their original retardant effectiveness.
(5) Access:
(a) There must be unobstructed access to exit routes.
(b) Exit routes must not pass through or into lockable rooms or dead ends.
(c) Exit routes must be mostly level or have stairs or ramps.
(6) Outside and refuge areas:
(a) The street, walkway, refuge area, or open space to which an exit leads must be large enough to accommodate all building occupants likely to use that exit.
(b) A refuge area must be:
(A) A space along an exit route protected from the effects of fire either by separation from other spaces within the building or by its location; or
(B) A floor with at least two spaces separated by smoke-resistant partitions, in a building where each floor is protected by an automatic sprinkler system. Automatic sprinkler systems must comply with 29 CFR 1910.159.
(7) Outside Exit Routes:
(a) Outdoor exit routes must meet the requirements for indoor exit routes and these additional requirements:
(A) The exit route must have guardrails to protect unenclosed sides elevated above a lower surface;
(B) There must be a cover if accumulation of snow or ice is likely;
(C) The exit route must be reasonably straight, smooth, solid, substantially level; and
(D) The exit route must have no dead ends longer than 20 feet.
(8) Condition of Exit Routes and Exits:
(a) Exit routes must minimize danger to employees during emergencies.
(b) Exit routes must be free of highly flammable furnishings and decorations.
(c) An exit route must not require employees to travel toward materials that burn very quickly, emit poisonous fumes, or are explosive, unless those materials are effectively shielded from the exit route.
(d) Exit routes must have adequate lighting.
(e) Each exit must be clearly visible and must have a distinctive sign reading "Exit." Install additional directional signs to exits where necessary.
(f) Exit doors must have no signs or decorations that obscure their visibility.
(g) The line-of-sight to an exit sign must be clear.
(h) If workers could mistake a "non-exit" for an exit, mark the non-exit, "Not an Exit" or mark it to indicate its real use.
(i) There must be enough reliable light on or from exit signs to allow them to be effective during emergencies.
(j) All safeguards to protect employees during an emergency (e.g., sprinkler systems, alarm systems, fire doors, exit lighting) must work properly.
(9) Exits During Construction and Repair:
(a) Employees must not occupy an area under construction until an adequate number of exit routes that comply with these rules are available.
(b) Employees must not occupy an area during repair or alteration unless all exits and existing fire protection remain as effective as before the work. Alternate fire protection must provide an equivalent level of safety.
(c) Flammable or explosive materials used during construction or repair must not expose employees to hazards not otherwise present or impede emergency escape.
(10) Alarm System. There must be an operable employee alarm system with a distinctive signal to warn employees of fire or other emergencies, unless employees can see or smell a fire or other hazard so that it would provide adequate warning to them. The employee alarm system must comply with the requirements of 29 CFR 1910.165.
(11) Special Circumstances -- Counterweights and Cold Storage Facilities.
(a) There must be an enclosure or guard around counterweights that are near enough to passageways or work areas to cause a hazard. The guard or enclosure need only be sufficient to protect workers from contact with the counterweight when it moves.
(b) The doors on walk-in refrigerators, coolers and freezers must have latches or closer devices that open from the inside without a key or special knowledge or effort.
Stat. Authority: ORS 654.025(2) & ORS 656.726(4).

Stats. Implemented: ORS 654.001 - ORS 654.295.

Hist.: OSHA 8-2000, f. & cert. ef. 10-10-00; OSHA 12-2001, f. & cert. ef. 10-26-01
437-002-0042
Emergency Action Plan
(1) Development of An Emergency Action Plan.
(a) When another Oregon OSHA standard requires an employer to develop an emergency action plan, the plan must comply with this section and cover each part of the workplace.
(b) The plan must be in writing, in the work area and available to employees on request, except that an employer with 10 or fewer employees in a workplace may use a verbal plan.
(2) Minimum Elements of An Emergency Action Plan. An emergency action plan must include:
(a) Procedures for emergency evacuation, including type of evacuation and exit route assignments;
(b) Procedures to account for all employees after evacuation;
(c) Procedures for reporting a fire or other emergency;
(d) Procedures to follow for emergency operation or shut down of critical equipment before evacuation;
(e) Procedures to follow for rescue and medical duties; and,
(f) Names or job titles of employees to contact for more information about the duties of employees under the plan.
(3) Employee Alarm System. There must be a properly working employee alarm system. The alarm system must use a distinctive signal for each purpose and comply with 29 CFR 1910.165.
(4) Training. An employer must designate employees to assist in the safe emergency evacuation of other employees. These designated employees must receive training in emergency evacuation procedures.
(5) Employee Review. An employer must review the emergency action plan with each employee covered by it:
(a) When the plan is new or the employee is new to the job;
(b) When the employee's responsibilities under the plan change; and,
(c) When the plan changes.
Stat. Authority: ORS 654.025(2) & ORS 656.726(4).

Stats. Implemented: ORS 654.001 - ORS 654.295.

Hist.: OSHA 8-2000, f. & cert. ef. 10-10-00; OSHA 12-2001, f. & cert. ef. 10-26-01
437-002-0043
Fire Prevention Plan
(1) Development of A Fire Prevention Plan.
(a) When another Oregon OSHA standard requires an employer to develop a fire prevention plan, the plan must comply with this section and cover each part of the workplace.
(b) The plan must be in writing, in the work area and available to employees on request; except that an employer with 10 or fewer employees in a workplace may use a verbal plan.
(2) Minimum Elements of A Fire Prevention Plan. A fire prevention plan must include:
(a) A list of all major fire hazards, including proper handling and storage procedures for hazardous materials, potential ignition sources and their control, and the type of fire protection equipment necessary to control each major hazard;
(b) Procedures to control accumulations of flammable and combustible waste materials;
(c) Procedures for regular maintenance of safeguards on heat producing equipment to prevent accidental ignition of combustible materials;
(d) Names or job titles of employees responsible for maintaining equipment to prevent or control sources of ignition or fires; and,
(e) Names or job titles of those responsible for control of fuel source hazards.
(3) Employee Information. The employer must:
(a) Inform employees of the fire hazards in their work area; and
(b) Review with each employee, when first assigned to a job, those parts of the fire prevention plan necessary for self-protection.
Stat. Authority: ORS 654.025(2) & ORS 656.726(4).

Statutes Implemented: ORS 654.001 - ORS 654.295.

Hist.: OSHA 8-2000, f. & cert. ef. 10-10-00; OSHA 12-2001, f. & cert. ef. 10-26-01
437-002-0047
Working Near Overhead High Voltage Lines and Equipment
(1) Definitions.
(a) Insulating Barrier or Guard. A structure, installation, barrier, or guard (such as a wall, fence, pole, shield, or something similar) that stops movement and prevents all possible contact with the lines or equipment. Its design, material composition, and installation prevents possible conduction of electricity up to the maximum voltage of the system.
(b) Restricted Space.
(A) For lines rated more than 600 V to 50 kV, restricted space extends 10 feet in all directions from the surface of the line or equipment.
(B) For lines rated over 50 kV, restricted space extends 10 feet plus 0.4 inch for each 1 kV over 50 kV, or twice the length of the insulator (but never less than 10 feet) in all directions from the surface of the line or equipment.
(C) For equipment or structures in transit, on level surfaces, restricted space extends 4 feet in all directions from lines or equipment rated 50 kV or less, 10 feet in all directions for lines or equipment rated over 50 kV, and 16 feet in all directions for lines or equipment rated over 345 kV up to and including 750 kV.
(c) Proper Notification. The person(s) responsible for the (planned) activity must notify the owner/operator of the line or equipment, at their business office, at least 2 business days prior to the anticipated beginning of work (business days are Monday through Friday, excluding federal and state holidays). The notification must include: (1) the proposed date to start activity within restricted space; (2) the location of the planned activity; (3) a description of the planned activity; and (4) name and contact information of the contact person.
(2) General requirement. Do not enter, perform any function or activity (such as handling, erecting, operating, transporting, or storing any tools, equipment or materials, moving a building or structure) within the restricted space surrounding an overhead high voltage line or equipment unless:
(a) Proper notification is provided; and
(A) The line and/or equipment is de-energized and visibly grounded by the owner of the high voltage system or their authorized agent; or
(B) Accidental contact is effectively prevented by use of insulating barriers or guards. Barriers or guards must:
(i) Be erected or installed by the owner of the high voltage system or their authorized agent;
(ii) Not be attached to, or be part of the lines, equipment, or machinery;
NOTE: Overhead line covers are only for visual reference, and their use does not allow entry into restricted space. If used, they must be installed by the owner of the high voltage system or their authorized agent.
(iii) Prevent all possible contact with the lines or equipment; and
(iv) Insulate against the system's maximum voltage; or
(b) You are the owner, an authorized employee, or authorized (in writing) agent of the overhead high voltage system: or
(c) Insulated lines (not tree wire) and equipment (designed and engineered to allow only incidental contact) are erected or installed by the owner of the high voltage system or their authorized agent.
NOTE: Nothing in this standard shifts the responsibility for safe and healthy working conditions from the person(s) responsible for the activity to the owner of the lines or their agent.
NOTE: Nothing in this standard mandates that the owner of the lines or equipment, or their authorized agent must agree to de-energize, move, barricade, guard, or insulate lines or equipment, or take other action to allow entry into restricted space.
(3) Do not move, reposition, or reduce restricted space in any direction by applying stress or force to a line, equipment, or supporting structure.
(4) Operation of machinery or equipment.
(a) Do not enter restricted space when using insulating links or proximity warning devices on equipment.
(b) Post a warning sign on each piece of equipment which is capable of vertical, lateral, or swinging motion, such as a crane, derrick, power shovel, drilling rig, or pile driver.
(A) The sign must be made of durable material.
(B) It must be in clear view of the operator.
(C) The message must be legible to the operator when at the controls.
(D) The message must be understood by the operator.
(E) The message must clearly convey that it is "Unlawful to operate the piece of equipment within 10 feet of high voltage lines".
(c) Use an observer to provide audible warning (able to be clearly heard over surrounding noise) when it becomes difficult for an operator to identify restricted space by using visual means. The observer's only task is to watch the clearance and warn the operator if it appears that restricted space will be breached.
(d) Restrict, barricade, or otherwise make it impossible for a machine or piece of equipment to reach into restricted space if it is reasonable to anticipate that the operator's attention may be focused on the work process rather than the location of an overhead high voltage line or equipment (such as during excavating, or other fast-paced, repetitive work).
(5) Railway and commuter systems.
(a) Standard rail equipment used to transport freight and/or passengers, and relief trains or other equipment used in emergencies, may enter restricted space surrounding high voltage lines or equipment.
(b) Qualified employees, authorized and supervised by a person familiar with the hazards of the railway high voltage system, may perform normal repair or construction work within restricted space prior to compliance with the clearance and safeguard requirements in sections (1) through (4).
Stat. Auth.: ORS 654.025(2) & 656.726(4).

Stats. Implemented: ORS 654.001 - 654.295.

Hist.: OSHA 4-2007, f. & cert. ef. 8-15-07

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

437-002-0060
Adoption by Reference
In addition to, and not in lieu of,
any other safety and health codes contained in OAR Chapter 437, the Department adopts
by reference the following federal regulations printed as part of the Code of Federal
Regulations, 29 CFR 1910, in the Federal Register:
(1) 29 CFR 1910.66 Powered
Platforms for Building Maintenance, published 2/14/07, FR vol. 72, no. 30, p. 7136.
(2) 29 CFR 1910.67 Vehicle-Mounted
Elevating and Rotating Work Platforms, published 7/1/14, FR vol. 79, no. 126, p.
37189.
(3) 29 CFR 1910.68 Manlifts,
published 12/14/07, FR vol. 72, no. 240, p. 71061.
(4) These standards are on
file with the Oregon Occupational Safety and Health Division, Department of Consumer
and Business Services, and the United States Government Printing Office.
Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001
- 654.295
Hist.: APD 4-1990, f. &
cert. ef. 1-23-90; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 4-2007, f. &
cert. ef. 8-15-07; OSHA 7-2008, f. & cert. ef. 5-30-08; OSHA 1-2015, f.
& cert. ef. 1-5-15
Elevating Work Platforms
437-002-0072
Manually Propelled Elevating Aerial Platforms.
When using manually propelled elevating aerial platforms as covered by ANSI/SIA A92.3-1990, the manufacturer’s operating manual must be with the equipment. You must follow all manufacturers’ operating and maintenance instructions and recommendations.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stat. Implemented: ORS 654.001 - 654.295

Hist.: OSHA 4-2009, f. 4-13-09, cert. ef. 4-17-09
437-002-0074
Scissor Lifts — Self-Propelled Elevating Work Platforms.
When using self-propelled elevating aerial platforms, scissor lifts, as covered by ANSI/SIA A92.6-1990, the manufacturer’s operating manual must be with the equipment. You must follow all manufacturers’ operating and maintenance instructions and recommendations.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stat. Implemented: ORS 654.001 - 654.295

Hist.: OSHA 4-2009, f. 4-13-09, cert. ef. 4-17-09
437-002-0076
Boom Supported Elevating Work Platforms.
(1) When using boom supported elevating work platforms as covered by ANSI/SIA A92.5-1996, the manufacturer’s operating manual must be with the equipment. You must follow all manufacturers’ operating and maintenance instructions and recommendations.
(2) All occupants on platforms must use a personal fall protection system that will protect against the potential effects of ejection.
Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stat. Implemented: ORS 654.001 - 654.295

Hist.: OSHA 4-2009, f. 4-13-09, cert. ef. 4-17-09



Subdivision G — Occupational Health and Environmental Control

437-002-0080
Adoption by Reference
In addition to, and not in lieu of,
any other safety and health codes contained in OAR Chapter 437, the Department adopts
by reference the following federal regulations printed as part of the Code of Federal
Regulations, 29 CFR 1910, in the Federal Register:
(1) 29 CFR 1910.94 Ventilation,
published 9/9/09, FR vol. 74, no. 173, pp. 46350-46361; amended with OR-OSHA Admin.
Order 1-2012, f. and ef. 4/10/12.
(2) 29 CFR 1910.95 Occupational
Noise Exposure, published 12/12/08. FR vol. 73, no. 240, pp. 75568-75589.
NOTE: 29 CFR 1910.96 Ionizing radiation,
has been redesignated to 29 CFR 1910.1096.
(3) 29 CFR 1910.97 Nonionizing radiation,
published 6/13/13, FR vol. 78, no. 114, p. 35559.
(4) 29 CFR 1910.98 Effective
dates, published 6/27/74, Federal Register, vol. 39, p. 23502.
(5) 29 CFR 1910.99 Sources
of standards, published 3/7/96, FR vol. 61, no. 46, p. 9236.
(6) 29 CFR 1910.100 Standards
organization, published 3/7/96, FR vol. 61, no. 46, p. 9236.
These standards are on file with the Occupational
Safety and Health Division, Oregon Department of Consumer and Business Services,
and the United States Government Printing Office.
Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001
- 654.295
Hist.: OSHA 2-1992, f. 2-6-92,
cert. ef. 5-1-92; OSHA 4-1993, f. 4-1-93, cert. ef. 5-1-93; OSHA 4-1997, f. &
cert. ef. 4-2-97; OSHA 3-1998, f. & cert. ef. 7-7-98; OSHA 8-1999, f. &
cert. ef. 8-6-99; OSHA 3-2003, f. & cert. ef. 4-21-03; OSHA 4-2006, f. &
cert. ef. 7-24-06; OSHA 7-2008, f. & cert. ef. 5-30-08; OSHA 5-2009, f. &
cert. ef. 5-29-09; OSHA 2-2010, f. & cert. ef. 2-25-10; OSHA 1-2012, f. &
cert .ef. 4-10-12; OSHA 7-2013, f. & cert. ef. 12-12-13

Ventilation

437-002-0081
Oregon Ventilation Regulations
In addition to, and not in lieu of 29 CFR 1910.94, the following rules pertaining to ventilation apply in Oregon:
(1) Definitions:
(a) "Administrative Control" means the reduction of employee exposure to physical or chemical agents by control of the time of exposure to some period less than eight hours in length;
(b) "Harmful" or "Hazardous" as applied to the health effects of dusts, fumes, vapors, mists, gases, or any environmental condition, means any mechanical, infectious, toxic, or other action which is likely to produce medically determined injury or disease of exposed workers;
(c) "Health Hazard Control Measure" means the equipment or working arrangements designed to prevent the exposure of employees to harmful or hazardous situations. Such control measures may include, but are not limited to:
(A) Ventilation systems;
(B) Energy absorption system;
(C) Personal protective equipment;
(D) Air contaminant monitoring; and
(E) Human biological monitoring.
(d) "Local Exhaust System" means a system of hoods, booths, or enclosures designed to remove contaminants at points of generation or release into the atmosphere connected by means of piping to airflow or suction producing equipment;
(e) "Occupational Health Hazard" means those materials, processes, and atmospheric contaminants or energy concentrations which during normal or abnormal working conditions are likely to result in injury or illness to the unprotected employee;
(f) "Ventilation, Dilution" means ventilation provided to dilute the concentration of atmospheric contaminants in the atmosphere in all or part of the place of employment;
(g) "Ventilation, General" means the provision of fresh air at the place of employment;
(h) "Ventilation, Local Exhaust" means that the type of ventilation in which suction is applied at the point of generation or release of atmospheric contaminants;
(i) "Ventilation, Natural" means ventilation designed to depend wholly upon relative air density, and includes the use of openable doors, windows, and other building apertures.
(2) Recirculation. No air from any local exhaust system shall be recirculated, unless:
(a) The inert dust contained therein has a Permissible Exposure Limit (PEL) equal to or greater than ten milligrams per cubic meter as listed in Tables Z-1, Z-2, or Z-3 in OAR Chapter 437, Division 2, Subdivision Z, 1910, OAR 437-002-0382, Oregon Rules for Air Contaminants. The inert dust concentration in such recirculated air shall not exceed five milligrams per cubic meter; or
(b) The contaminant contained therein has a Permissible Exposure Limit (PEL) equal to or greater than 100 parts per million as listed in Tables Z-1, Z-2, or Z-3 or OAR Chapter 437, Division 2, Subdivision Z, OAR 437-002-0382, Oregon Rules for Air Contaminants. The contaminant concentration in such recirculated air shall not exceed 25 percent of its PEL; or
(c) The concentrations of contaminants in recirculated air do not exceed 25 percent of unity as calculated by the formula given in Division 2, Subdivision Z, OAR 437-002-0382(4)(b), Oregon Rules for Air Contaminants.
(3) Make-Up Air. Outside air equal in amount to the air removed by local exhaust systems shall be provided to replace air removed by an exhaust ventilation system.
(4) Air Contamination from Exhaust System. The discharge from any exhaust system shall be such that no air contamination therefrom will enter any window, door, or other opening of any work area in quantities sufficient to create a harmful or hazardous work atmosphere.
(5) Use of Salamanders and Fuel-Burning Heating Devices. Salamanders and other fuel-burning heating devices shall not be used in enclosed or inadequately ventilated spaces in which workers are employed unless such heating device is provided with a proper pipe, chimney, or enclosure to carry hazardous gases to the outside atmosphere.
(6) Local Exhaust Ventilation. The capacity of a local exhaust system shall be calculated on the basis of all hoods, booths, and enclosures connected to the system being open, except where the system is so interlocked that only a portion of it can be operated at a given time, in which case the capacity shall be calculated on the basis that all the hoods in the group requiring the greatest volume rate of exhaust are open.
(7) Exhausting More Than One Substance. Two or more operations involving more than one substance shall not be connected to the same exhaust system when a combination of the substances removed may constitute a fire hazard, or otherwise dangerous mixture.
(8) Exhausting Materials with Flammable Properties. Those processes or operations which require local exhaust ventilation and generate materials with flammable properties shall be protected from sources of ignition.
(9) Removal of Collected Materials. Collected materials shall be removed when necessary so as to maintain effective operation of the local exhaust system at all times.
(10) Disposal of Collected Materials. Collected materials shall be disposed of in a manner which will not result in a hazard.
(11) Requirements for Reduction of Air Contaminant Concentrations. A local exhaust system shall be in operation until all contaminants are reduced to concentrations at or below the Threshold Limit Values when any person is at risk.
NOTE: 1910.94(a)(6) was NOT adopted by OR-OSHA. In Oregon, OAR 437-002-0081(12) (which references a more current ANSI standard) applies.)
(12) Air supply and air compressors. The air for abrasive-blasting respirators shall be free of harmful quantities of dusts, mists, or noxious gases, and shall meet the requirements for air purity set forth in ANSI Z9.2-1979, Fundamentals Governing the Design and Operation of Local Exhaust Systems. The air from the regular compressed air line of the plant may be used for the abrasive-blasting respirator if:
(a) A trap and carbon filter are installed and regularly maintained to remove oil, water, scale, and odor;
(b) A pressure reducing diaphragm or valve is installed to reduce the pressure down to requirements of the particular type of abrasive-blasting respirator; and
(c) An automatic control is provided to either sound an alarm or shut down the compressor in case of overheating.
NOTE: Oregon did not adopt 1910.94(a)(6), which references an outdated ANSI standard. Instead, the following Oregon-initiated rule applies. This rule is identical, except that the current ANSI standard is referenced.
(13) Blasting Nozzles. In addition to and not in lieu of the provisions of 1910.94(a)(7), blasting nozzles shall be equipped with a deadman switch or other effective means to prevent hose and nozzle from whipping. A support shall be provided on which the nozzle may be mounted when not in use.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92
NOTE: 1910.95(g)(3) was NOT adopted by OR-OSHA because in Oregon, only CAOH- certified technicians, audiologists, otolaryngologist or physicians may perform audiometric examinations. In Oregon, OAR 437-002-0095 applies:
437-002-0095
Audiometric Testing in Oregon
Audiometric tests shall be performed by a licensed or certified audiologist, otolaryngologist, or other physician, or by a technician who is certified by the Council of Accreditation in Occupational Hearing Conservation. A technician who performs audiometric tests must be responsible to an audiologist, otolaryngologist or physician.
NOTES:
-1- Technicians currently certified by OR-OSHA may continue to use their Oregon certificates until they expire, or until July 1, 1996, whichever occurs first.
-2- In Oregon, free on-site assistance may be obtained from the Consultative Section, Oregon Occupational Safety and Health Division (OR-OSHA), Department of Consumer and Business Services, 350 Winter St NE, Salem, OR 97310. Telephone (503) 378-3272.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: OSHA 4-1993, f. 4-1-93, cert. ef. 5-1-93
NOTES:
-1- The following Oregon-initiated rule, OAR 437-002-0098, relates to 29 CFR 1910.96, Ionizing Radiation.
-2- The provisions of OAR 437-002-0080(3) and 437-002-0098 will be enforced by the Department of Human Resources, Health Division, under an Interagency Agreement with the Department of Insurance and Finance, Occupational Safety and Health Division (OR-OSHA). Copies are available from OR-OSHA and the Health Division.
437-002-0098
Additional Applicability
In addition to, and not in lieu of 1910.1096, the rules and regulations specified in ORS 453.605 to 453.745, Control of Radiation, administered by the Department of Human Resources, Oregon Health Division, shall apply to all employees working with or near ionizing radiation sources.
NOTE: §1910.1096, Ionizing Radiation, is enforced in Oregon by the Department of Human Resources, Health Division, under an Interagency Agreement with the Department of Consumer and Business Services, OR-OSHA Division. Oregon-initiated Rule 437-002-0098 also applies and is enforced by the Health Division. Copies are available from OR-OSHA and the Health Division.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92; OSHA 6-1994, f. & cert. ef. 9-30-94; OSHA 4-1997, f. & cert. ef. 4-2-97

Subdivision H — Hazardous Materials

437-002-0100
Adoption by Reference
In addition to, and not in lieu of,
any other safety and health codes contained in OAR Chapter 437, the Department adopts
by reference the following federal regulations printed as part of the Code of Federal
Regulations, 29 CFR 1910, in the Federal Register:
(1) 29 CFR 1910.101 Compressed
gases (General requirements). Repealed. Oregon OSHA Admin. Order 6-2014, f. 10/28/14,
ef. 5/1/15. In Oregon, OAR 437-002-2101 applies.
(2) 29 CFR 1910.102 Acetylene.
Repealed. Oregon OSHA Admin. Order 1-2010, f. 2/19/10, ef. 2/19/10. In Oregon, OAR
437-002-2102 applies.
(3) 29 CFR 1910.103 Hydrogen,
published 12/14/07, FR vol. 72, no. 240, p. 71061.
(4) 29 CFR 1910.104 Oxygen,
published 3/7/96, FR vol. 61, no. 46, p. 9237.
(5) 29 CFR 1910.105 Nitrous
oxide, published 3/7/96, FR vol. 61, no. 46, p. 9237.
(6) 29 CFR 1910.106 Flammable
and combustible liquids, published 3/26/12, FR vol. 77, no. 58, p. 17574.
(7) 29 CFR 1910.107 Spray
finishing using flammable and combustible materials, amended with AO 3-2003, removed
1910.107, and Oregon note added, f. and ef. 4/21/03.
(8) 29 CFR 1910.108 Reserved.
Published 3/23/99, Federal Register, vol. 64, no. 55, p. 13909.
(9) 29 CFR 1910.109 Explosives
and blasting agents, published 6/18/98, FR vol. 63, no. 117, p. 33466.
(10) 29 CFR 1910.110 Storage
and handling of liquefied petroleum gases, published 12/14/07, FR vol. 72, no. 240,
p. 71061.
(11) 29 CFR 1910.111 Storage
and handling of anhydrous ammonia, published amended with AO 12-2001, Oregon note
added, f. and ef. 10/26/01; 12/14/07, FR vol. 72, no. 240, p. 71061.
(12) Reserved for 29 CFR
1910.112 (Reserved)
(13) Reserved for 29 CFR
1910.113 (Reserved)
(14) 29 CFR 1910.114 Removed.
Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9238.
(15) 29 CFR 1910.115 Removed.
Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9238.
(16) 29 CFR 1910.116 Removed.
Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9238.
(17) 29 CFR 1910.119 Process
safety management of highly hazardous chemicals, amended 2/8/13, FR vol. 78, no.
27, p. 9311.
(18) 29 CFR 1910.120 Hazardous
waste operations and emergency response, amended 2/8/13, FR vol. 78, no. 27, p.
9311.
(19) 29 CFR 1910.121 Reserved.
Published 3/23/99, Federal Register, vol. 64, no. 55, p. 13909.
(20) 29 CFR 1910.122 Table
of contents. Repealed with OR-OSHA Admin. Order 9-2007, f. and ef. 12/3/07.
(21) 29 CFR 1910.123 Dipping
and coating operations: Coverage and definitions. Repealed with OR-OSHA Admin. Order
9-2007, f. and ef. 12/3/07.
(22) 29 CFR 1910.124 General
requirements for dipping and coating operations. Repealed with OR-OSHA Admin. Order
9-2007, f. and ef. 12/3/07.
(23) 29 CFR 1910.125 Additional
requirements for dipping and coating operations that use flammable or combustible
liquids. Repealed with OR-OSHA Admin. Order 9-2007, f. and ef. 12/3/07.
(24) 29 CFR 1910.126 Additional
requirements for special dipping and coating applications. Repealed with OR-OSHA
Admin. Order 9-2007, f. and ef. 12/3/07.
These standards are on file with the Oregon
Occupational Safety and Health Division, Oregon Department of Consumer and Business
Services, and the United States Government Printing Office.
Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001
- 654.295
Hist.: APD 19-1988, f. &
ef. 11-17-88; APD 12-1989, f. & ef. 7-14-89; OSHA 22-1990, f. 9-28-90, cert.
ef. 10-1-90; OSHA 3-1992, f. & cert. ef. 2-6-92; OSHA 3-1993, f. & cert.
ef. 2-23-93; OSHA 6-1994, f. & cert. ef. 9-30-94; OSHA 3-1995, f. & cert.
ef. 2-22-95; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 3-1998, f. & cert.
ef. 7-7-98; OSHA 2-1999, f. & cert. ef. 4-30-99; OSHA 8-1999, f. & cert.
ef. 8-6-99; OSHA 12-2001, f. & cert. ef. 10-26-01; OSHA 4-2002, f. & cert.
ef. 5-30-02; OSHA 3-2003, f. & cert. ef. 4-21-03; OSHA 4-2004, f. & cert.
ef. 9-15-04; OSHA 4-2005, f. & cert. ef 12-14-05; OSHA 4-2006, f. & cert.
ef. 7-24-06; OSHA 9-2007, f. & cert. ef. 12-3-07; OSHA 7-2008, f. & cert.
ef. 5-30-08; OSHA 1-2010, f. & cert. ef. 2-19-10; OSHA 5-2012, f. & cert.
ef. 9-25-12; OSHA 6-2012, f. 9-28-12, cert. ef. 4-1-13; OSHA 4-2013, f. & cert.
ef. 7-19-13; OSHA 6-2014, f. 10-28-14, cert. ef. 5-1-15

Spray Finishing Using Flammable or Combustible Materials — Oregon Initiated Rules

437-002-0101
Oregon Start-Up Dates
29 CFR 1910.120, Hazardous Waste Operations and Emergency Response — Final Rules, is effective on July 14, 1990.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: APD 19-1988, f. & ef. 11-17-88; APD 12-1989, f. & ef. 7-14-89
437-002-0107
Spray Finishing
(1) Scope. This
section applies to finishing materials when applied as a spray by any means in a
continuous or intermittent process. This section also covers the application of
powders by powder spray guns, electrostatic powder spray guns, fluidized beds, or
electrostatic fluidized beds. This section also applies to any sprayed material
that produces combustible deposits or residue. This section does not apply to outdoor
spray application of buildings, tanks, or other similar structures, nor to small
portable spraying apparatus not used repeatedly in the same location.
(2) Definitions:
(a) Aerated
solid powders – Any powdered material used as a coating material fluidized
within a container by passing air uniformly from below. It is common practice to
fluidize such materials to form a fluidized powder bed and then dip the part to
be coated into the bed in a manner similar to that used in liquid dipping. Such
beds are also used as sources for powder spray operations.
(b) Approved
– Approved and listed by a nationally recognized testing laboratory. Refer
to §1910.7 for definition of nationally recognized testing laboratory.
(c) Electrostatic
fluidized bed – A chamber holding powder coating material that is aerated
from below to form an air-supported, expanded cloud of the powder. The powder is
electrically charged with a charge opposite to that of the object or material being
coated.
(d) Fluidized
bed – A chamber holding powder coating material that is aerated from below
to form an air-supported, expanded cloud of the powder. The object or material being
coated is preheated, then immersed into the cloud.
(e) Infrequent
and of short duration – Spray finishing that is:
(A) Less
than 9 square feet surface area per job, and
(B) Uses
less than 1-gallon of material in 1-day, and
(C) Intermittent
spraying where enough time elapses between spraying episodes to dilute the concentration
of vapors essentially to zero before spraying is resumed.
(f) Listed
– See “approved.”
(g) Noncombustible
materials – Materials that have a fire resistance rating of at least 1-hour.
(h) Overspray
– Any sprayed material that is not deposited on the intended object.
(i) Spray
area – Any area in which potentially dangerous quantities of flammable vapors
or mists, or combustible residues, dusts, or deposits are present due to the operation
of spraying processes.
(j) Spray
booth – A power-ventilated structure provided to enclose or accommodate a
spraying operation to confine and limit the escape of spray, vapor, and residue,
and to safely conduct or direct them to an exhaust system.
(k) Spray
room – A room designed to accommodate a spraying operation. For the purposes
of this rule, the term “spray booth” includes spray rooms except where
specifically noted.
(3) Rules
for All Spray Finishing Operations.
(a) Conduct
spray finishing in a spray booth provided with local exhaust ventilation except:
(A) When
spraying is infrequent and of short duration; or
(B) When
spraying is a single “air brush;” or
(C) The object
to be sprayed is of such weight or proportion as to render it impracticable to move
it into a spray booth; or
(D) When
only liquids with a flashpoint above 199.4 degrees F (93 degrees C) are used. This
exception only applies when the liquid is not heated for use to within 30 degrees
F (16.7 degrees C) of the flashpoint; or
(E) When
spray painting is conducted out-of-doors. For the purposes of this rule, out-of-doors
means an area away from the main building and completely open at all times on at
least two sides.
(b) Spray
finishing outside of a booth, as permitted by OAR 437-002-0107(3)(a)(A), (C), and
(D) above, must be done only in a spray area that meets the following requirements:
(A) All light
switches, fans, receptacles, overhead lights and all other sources of ignition within
20 horizontal feet and 10 vertical feet of the overspray area must be inoperative
or consist of Class I, Group D, explosion-proof types as specified in the National
Electrical Code, NFPA 33-2000 and ANSI C2-2002.
(B) All building
construction including floors, walls, ceilings, beams, etc., within 20 hori- zontal
feet and 10 vertical feet of the overspray area must consist of or be protected
by noncombustible materials.
(C) Protect
all areas within 20 feet of the overspray area with automatic sprinklers. Where
automatic sprinklers are not available, use other automatic extinguishing equipment.
Alternatives may be used only when authorized in writing by the local fire authority.
(D) Aisles
leading to exits from the spray finishing area must remain clear at all times.
(E) Provide
the spray finishing area with at least six air changes per hour of airflow.
(F) Follow
the requirements of paragraphs (3)(c) through (3)(e).
(c) Do not
allow employees not engaged in spray finishing operations within 20 feet of the
spraying and overspray area.
(d) Employees
engaged in spray finishing operations must be provided with and wear respiratory
protection unless exhaust ventilation is provided and reduces employee exposure
to any material in the finish or its solvent to below the limits established in
OAR 437-002-0382, Oregon Rules for Air Contaminants. Follow all of the requirements
of OAR 437-002-1910.134, Respiratory Protection.
(e) Combustible
Materials.
(A) Do not
store combustible material or allow combustible material to accumulate in the spraying
and overspray area unless specifically authorized in writing by the local fire authority.
(B) Give
the spraying and overspray area daily housekeeping and maintenance while in use
and keep it free of any accumulations between uses. Use only nonsparking tools for
cleaning purposes.
(C) Combustible
materials, such as paper, may be used to cover floors and walls in the spray and
overspray area, but must be removed at the end of each workshift. The employer may
use longer intervals only when the local fire authority has provided written approval
to do so.
(f) Spray
booths.
(A) Construction:
(i) Construct
spray booths of substantially supported steel, concrete, or masonry.
(ii) When
the booth is only used for intermittent or low volume spraying, other substantial
noncombustible material may be used.
(iii) Design
spray booths to sweep air currents toward the exhaust outlet.
(iv) Construct
spray booths with materials that have a fire resistance rating of at least 1 hour.
All adjacent construction must have a fire resistance rating of at least 1-hour
or as otherwise required by the Oregon Building Codes Division.
(B) The interior
surfaces of spray booths must be smooth and continuous without edges, designed to
prevent residue pocketing, and designed to ease cleaning and washing.
(C) When
the floor surface of a spray booth and operators’ working area is combustible,
it must be covered with a noncombustible material designed to prevent pocketing
of residues and ease cleaning and washing.
(D) A spray
booth should be equipped with:
(i) A water
washing system designed to minimize dusts or residues entering exhaust ducts and
to permit the recovery of overspray finishing material; or
(ii) Distribution
or baffle plates to promote an even flow of air through the booth or cause the deposit
of overspray before it enters the exhaust duct; or
(iii) Overspray
dry filters to minimize dusts or residues entering exhaust ducts.
(E) Where
dry powders are sprayed, arrange the powder collection systems in the exhaust to
capture oversprayed material.
(F) When
distribution or baffle plates are used, they must be of noncombustible material
and readily removable or accessible on both sides for cleaning. Such plates will
not be located in exhaust ducts.
(G) When
using conventional dry type spray booths with overspray dry filters or filter rolls:
(i) Inspect
filter rolls to ensure proper replacement of filter media.
(ii) Immediately
remove all discarded filter pads and filter rolls to a safe area away from the spray
finishing operation. Alternatively, place them in a water-filled metal container
and dispose of them at the close of the day’s operation unless they remain
completely submerged.
(iii) Do
not use filters or filter rolls when spraying a material known to be highly susceptible
to spontaneous heating and ignition.
(iv) Clean
filters or filter rolls must be noncombustible or authorized by the local fire authority.
(v) Do not
use filters and filter rolls alternately for different types of coating materials,
where the combination of materials may be conducive to spontaneous ignition.
(H) Spray
booths with an open frontal area larger than 9 square feet must have a metal deflector
or curtain at least 4 1/2 inches deep installed at the upper outer edge of the booth
over the opening.
(I) Where
conveyors are used to carry work into or out of spray booths, the openings must
be as small as practical.
(J) Separate
each spray booth from all other nonspray finishing operations by at least 3 feet,
a wall, or a partition. This requirement does not apply to spray rooms.
(K) All portions
of the spray booth must be readily accessible for cleaning.
(L) The exterior
of the spray booth must have a clear space of at least 3 feet on all sides. Do not
store any materials within this clear space. All construction within 3 feet of all
sides of the spray booth must be noncombustible. This requirement does not apply
to spray rooms.
(i) Exception:
This requirement does not prohibit locating a spray booth closer than 3 feet to
an exterior wall or roof assembly, provided that the wall or roof is constructed
of a noncombustible material and the booth can be cleaned and maintained.
(M) When
spraying areas are illuminated through glass panels or other transparent materials,
use only fixed lighting units as a source of illumination.
(i) Seal
panels to effectively isolate the spraying area from the area in which the lighting
unit is located.
(ii) Use
only noncombustible material constructed or protected so that breakage will be unlikely.
Arrange panels so that normal accumulations of residue on the exposed surface of
the panel will not be raised to a dangerous temperature by radiation or conduction
from the source of illumination.
(N) Protect
all spaces within the spray booth with automatic sprinklers acceptable to the local
fire authority.
(i) Sprinkler
heads must provide water distribution throughout the entire booth.
(ii) When
filters are used, automatic sprinklers must be on both the downstream and upstream
sides of the filters.
(iii) Keep
sprinkler heads as free of overspray deposits as possible. Clean them daily if necessary.
When sprinkler heads are covered to protect them from overspray, the material and
method used must be authorized by the local fire authority.
(iv) When
automatic sprinklers are infeasible or not practical, other means of fire protection
must be provided and authorized in writing by the local fire authority.
(g) Electrical
and other sources of ignition.
(A) Do not
allow open flame or spark producing equipment within 20 feet of the spray area,
unless separated by a partition.
(B) Do not
place space-heating appliances, steampipes, or hot surfaces in a spraying area where
deposits of combustible residues may readily accumulate.
(C) Ensure
all electrical wiring and equipment conforms to the provisions of this paragraph
and OAR 437, Division 2, Subdivision S.
(D) Do not
put any electrical equipment in the spray or overspray area unless it is specifically
approved for those locations. All wiring must be in rigid conduit or in boxes or
fittings that do not contain taps, splices, or terminal connections.
(E) Electrical
wiring and equipment not subject to deposits of combustible residues but located
in a spraying area must be explosion-proof, approved for Class I, Group D locations,
and conform to the provisions of OAR 437, Division 2, Subdivision S, for Class I,
Division 1, Hazardous Locations. Electrical wiring, motors, and other equipment
outside of but within 20 feet of any spraying area, and not separated by partitions,
must not produce sparks under normal operating conditions and must conform to the
provisions of OAR 437, Division 2, Subdivision S for Class I, Division 2, Hazardous
Locations.
(F) Electric
lamps outside of any spraying area but within 20 feet, and not separated by a partition,
will be totally enclosed to prevent the falling of hot particles and will be protected
from physical damage by appropriate guards or by location.
(G) Do not
use portable electric lamps in any spraying area during spraying operations. If
portable electric lamps are used during cleaning or repairing operations, use only
the type approved for hazardous Class I locations.
(H) Electrically
ground all metal parts of spray booths and exhaust ducts. Electrically ground piping
systems that convey flammable or combustible liquids or aerated solids.
(h) Ventilation.
(A) Provide
all spraying areas with mechanical ventilation adequate to remove flammable vapors,
mists, or powders to a safe location and confine and control combustible residues
so that life is not endangered. Keep mechanical ventilation in operation at all
times while spraying operations are being conducted and for a sufficient time afterwards
to exhaust vapors from drying material and residue.
(B) Interlock
the spraying equipment with the ventilation system so that spraying operations cannot
be conducted unless the ventilation system is operating.
(C) Air velocity
throughout the spray booth must be sufficient to keep airborne contaminants below
25 percent of their lower explosive limit (LEL).
(i) Open-faced
booths must maintain at least an average of 100 feet per minute (fpm) of airflow
across the open face of the booth.
(ii) Enclosed
booths must maintain at least an average of 100 fpm of airflow of cross-sectional
area at the operators’ position.
(iii) Any
deviation from the above must be authorized in writing by the local fire authority.
(iv) Install
a visible gauge, audible alarm, or pressure activated device on each spray booth
to indicate or ensure that the required air velocity is maintained.
(D) Provide
each spray booth with an independent exhaust duct system that discharges to the
exterior of the building. A common exhaust system may be used for multiple spray
booths only when identical materials are sprayed and the combined frontal area of
those booths is no more than 18 square feet.
(E) When
more than one fan serves one booth, interconnect all fans so that one fan cannot
operate without all fans being operated.
(F) The fan-rotating
element must be nonferrous or nonsparking or the casing must consist of or be lined
with such material.
(i) Maintain
ample clearance between the fan-rotating element and the fan casing to avoid a fire
by friction. Prevent contact between moving parts and the duct or fan housing by
making allowance for ordinary expansion and loading.
(ii) Mount
fan blades on a shaft sufficiently heavy to maintain perfect alignment even when
the blades of the fan are heavily loaded.
(iii) All
bearings must be of the self-lubricating type, or lubricated from the outside duct.
(G) Place
electric motors driving exhaust fans outside booths or ducts. See also paragraph
(3)(g) of this section.
(H) When
belts and pulleys are inside the duct or booth, they must be thoroughly enclosed.
(I) Construct
exhaust ducts of substantially supported steel. Exhaust ducts without dampers are
preferred; however, if dampers are installed, they must be fully opened when the
ventilating system is in operation.
(i) Protect
exhaust ducts against mechanical damage and maintain a clearance of at least 18
inches from unprotected combustible construction or other combustible material.
(ii) If combustible
construction is provided with the following protection applied to all surfaces within
18 inches of the exhaust duct, clearances may be reduced to the distances indicated:
(I) 28-gage
sheet metal on 1/4-inch insulating millboard 12 inches.
(II) 28-gage
sheet metal on 1/8-inch insulating millboard spaced out 1 inch on noncombustible
spacers 9 inches.
(III) 22-gage
sheet metal on 1-inch rockwool batts reinforced with wire mesh or the equivalent
3 inches.
(J)The terminal
discharge point must be at least 6 feet from any combustible exterior wall or roof.
The discharge point must not discharge in the direction of any combustible construction
or unprotected opening in any noncombustible exterior wall within 30 feet.
(K) Keep
air exhaust from spray operations away from makeup air or other ventilation intakes.
Do not recirculate air exhausted from spray operations.
(L) Supply
clean fresh air, free of contamination from adjacent industrial exhaust systems,
chimneys, stacks, or vents, to a spray booth in quantities equal to the volume of
air exhausted through the spray booth.
(M) Provide
exhaust ducts with an ample number of access doors when necessary to facilitate
cleaning.
(N) Provide
air intake openings to rooms containing spray finishing operations adequate for
the efficient operation of exhaust fans and placed to minimize the creation of dead
air pockets.
(O) Dry freshly
sprayed articles only in spaces provided with adequate ventilation to prevent the
formation of explosive vapors. Drying spaces without adequate ventilation will be
considered a spraying area. See also paragraph (6) of this section.
(4) Rules
for Spray Finishing with Flammable Liquids.
(a) These
rules apply to spray finishing with flammable liquids with a flashpoint below 199.4
degrees F (93 degrees C). These rules only apply to liquids with a flashpoint above
199.4 degrees F (93 degrees C) when they are heated for use to within 30 degrees
F (16.7 degrees C) of their flashpoint.
(b) Flammable
liquids – storage and handling.
(A) Store
flammable in compliance with the requirements of OAR 437-002-1910.106.
(B) Keep
only the minimum quantity of flammable liquids required for operations in the vicinity
of spraying operations and do not exceed a supply for one day or one shift. Bulk
storage of portable containers of flammable liquids must be in a separate, constructed
building detached from other important buildings or cut off in a standard manner.
(C) Use only
the original closed containers, approved portable tanks, approved safety cans, or
a properly arranged system of piping for bringing flammable liquids into the spray
area. Do not use open or glass containers.
(D) Use approved
pumps to withdraw flammable liquids from containers with a capacity of 61 gallons
or more except as provided in paragraph (4)(b)(F) of this section.
(E) Withdraw
and fill containers with flammable liquids only in a suitable mixing room or in
a spraying area when the ventilating system is in operation. Take adequate precautions
to protect against spilling liquids and sources of ignition.
(F) Containers
must conform to the following requirements:
(i) Use only
closed containers to supply spray nozzles. Use metal covers to close containers
that are not closed.
(ii) Use
metal supports or wire cables to support containers that are not resting on floors.
(iii) When
spray nozzles are supplied by gravity flow, do not use containers that exceed 10
gallons capacity.
(iv) Do not
use air pressure in the original shipping containers to supply spray nozzles.
(G) Containers
under air pressure supplying spray nozzles must also conform to the following requirements
(i) Use only
limited capacity containers that only hold enough material for one day’s operation.
(ii) Use
only containers that are designed and approved for such use.
(iii) Provide
containers with a visible pressure gauge.
(iv) Containers
must be provided with a relief valve set to operate in conformance with the requirements
of the Oregon Building Codes Division OAR 918-225, “Boilers and Pressure Vessels.”
(H) Pipes
and hoses.
(i) All containers
or piping with an attached hose or flexible connection must have a shutoff valve
at the connection. Keep such valves shut when not spraying.
(ii) When
a pump is used to deliver the liquid used in a spray application process, use only
piping, tubing, hoses, and accessories that are designed to withstand the maximum
working pressure of the pump. Alternatively, provide automatic means to limit the
discharge pressure of the pump to a level within the design working pressure of
the piping, tubing, hoses, and accessories.
(iii) Inspect
all pressure hose and couplings at regular intervals appropriate to this service.
Test the hose and couplings with the hose extended using the “inservice maximum
operating pressures.” Repair or discard any hose showing material deteriorations,
signs of leakage, or weakness in its’ carcass or at the couplings.
(iv) Piping
systems conveying flammable liquids must be of steel or other material having comparable
properties of resistance to heat and physical damage. Properly bond and ground piping
systems.
(I) Use approved
and listed electrically powered spray liquid heaters. Do not put heaters in spray
booths or any other location subject to the accumulation of deposits or combustible
residue.
(J) If flammable
liquids are supplied to spray nozzles by positive displacement pumps, use an approved
relief valve on the pump discharge line that discharges to a pump suction or a safe
detached location, or use a device provided to stop the prime mover if the discharge
pressure exceeds the safe operating pressure of the system.
(K) Whenever
flammable liquids are transferred from one container to another, effectively bond
and ground both containers to prevent discharge sparks of static electricity.
(c) Install
an adequate supply of suitable portable fire extinguishers near all spraying areas.
(d) Operations
and maintenance.
(A) Immediately
remove and dispose residue scrapings and debris contaminated with residue from the
premises. Deposit all rags or waste impregnated with finishing material in tightly-closing
metal waste cans immediately after use. Properly dispose of the contents of waste
cans at least once daily or at the end of each shift.
(B) Do not
leave clothing worn during spray finishing on the premises overnight unless kept
in metal lockers.
(C) Only
use solvents for cleaning operations with flashpoints at or above the flashpoints
of material normally used. Cleaning operations must be done inside a spray booth
with the ventilation system on, or an area authorized in writing by the local fire
authority.
(D) Do not
alternately use spray booths for different types of coating materials when the materials
are incompatible with each other, unless all deposits of the first used material
are removed from the booth and exhaust ducts prior to spraying with the second material.
(e) Mixing.
(A) Mix materials
only in a mixing room, a spray area that meets the requirements of (3)(b), or in
a spray booth. When a spray area or spray booth is used for mixing, the ventilation
system must be on.
(B) Construct
mixing rooms of substantially supported steel, concrete, or masonry. Use only noncombustible
materials to construct mixing rooms.
(C) Design
mixing rooms so that any spills remain inside the room.
(D) Provide
at least 150 cubic feet per minute (CFM) of airflow in each mixing room. When the
flooring of the mixing room is greater than 150 square feet, provide at least 1
CFM per square foot of flooring. The ventilation system for each mixing room must
be on and operational at all times.
(E) Follow
all of the provisions of paragraph (3)(g).
(F) Protect
all spaces within the mixing room with automatic sprinklers acceptable to the local
fire authority. Where automatic sprinklers are not available, use other automatic
extinguishing equipment. Alternatives may be used only when authorized in writing
by the local fire authority.
(5) Rules
for Electrostatic Spray Finishing.
(a) Fixed
electrostatic apparatus.
(A) Use only
approved electrostatic apparatus and devices in connection with coating operations.
(B) Transformers,
power packs, control apparatus, and all other electrical portions of the equipment,
with the exception of high-voltage grids, electrodes, and electrostatic atomizing
heads and their connections, must be located outside of the spraying area, or must
otherwise conform to the requirements of paragraph (3) of this section.
(C) Adequately
support electrodes and electrostatic atomizing heads in permanent locations and
effectively insulate them from the ground. Electrodes and electrostatic atomizing
heads which are permanently attached to their bases, supports, or reciprocators
are considered to comply with this section. Use only nonporous and noncombustible
insulators.
(D) Properly
insulate and protect high-voltage leads to electrodes from mechanical injury or
exposure to destructive chemicals. Effectively and permanently support electrostatic
atomizing heads on suitable insulators and effectively guard against accidental
contact or grounding. Provide an automatic means for grounding the electrode system
when it is electrically de-energized for any reason. Keep all insulators clean and
dry.
(E) Maintain
a safe distance between goods being painted and electrodes or electrostatic atomizing
heads or conductors of at least twice the sparking distance. Conspicuously post
a sign indicating this safe distance near the assembly.
(F) Support
goods being painted using this process on conveyors. Arrange the conveyors to maintain
safe distances between the goods and the electrodes or electrostatic atomizing heads
at all times. Any irregularly shaped or other goods subject to possible swinging
or movement must be rigidly supported to prevent swinging or movement which would
reduce the clearance to less than that specified in paragraph (5)(a)(E) of this
section.
(G) Equip
electrostatic apparatus with automatic controls that immediately disconnect the
power supply to the high voltage transformer and signals the operator when:
(i) Any failure
occurs in the ventilation equipment.
(ii) The
conveyor carrying goods through the high voltage field stops.
(iii) Occurrence
of a ground or of an imminent ground at any point on the high voltage system.
(iv) The
safe distance required by (5)(a)(E) is not maintained.
(H) Place
adequate booths, fencing, railings, or guards around the equipment to assure, either
by their location or character or both, that a safe isolation of the process is
maintained from plant storage or personnel. Construct such railings, fencing, and
guards of conducting material that is adequately grounded.
(b) Electrostatic
hand spraying equipment.
(A) This
paragraph applies to any equipment that uses electrostatically charged elements
for the atomization and/or, precipitation of materials for coatings on articles,
or for other similar purposes in which the atomizing device is hand held and manipulated
during the spraying operation.
(B) Use only
approved electrostatic hand spray apparatus and devices in connection with coating
operations. The high voltage circuits must be designed so it does not produce a
spark of sufficient intensity to ignite any vapor-air mixtures or result in appreciable
shock hazard upon coming in contact with a grounded object under all normal operating
conditions. The electrostatically charged exposed elements of the handgun must be
capable of being energized only by a switch which also controls the coating material
supply.
(C) Locate
transformers, powerpacks, control apparatus, and all other electrical portions of
the equipment outside of the spraying area. This requirement does not apply to the
handgun itself and its connections to the power supply.
(D) Electrically
connect the handle of the spraying gun to ground by a metallic connection. Ensure
that the operator in normal operating position is in intimate electrical contact
with the grounded handle.
(E) Adequately
ground all electrically conductive objects in the spraying area. This requirement
applies to paint containers, wash cans, and any other objects or devices in the
area. Prominently and permanently install a warning on the equipment regarding the
necessity for this grounding feature.
(F) Maintain
metallic contact between objects being painted or coated and the conveyor or other
grounded support. Regularly clean hooks to ensure this contact.
(G) Areas
of contact must be sharp points or knife edges where possible.
(H) Conceal
points of support of the object from random spray where feasible.
(I) When
objects being sprayed are supported from a conveyor, the point of attachment to
the conveyor must not collect spray material during normal operation.
(J) Interlock
the electrical equipment with the ventilation of the spraying area so that the equipment
cannot be operated unless the ventilation fans are on.
(6) Drying,
Curing, or Fusion Apparatus.
(a) Drying,
curing, or fusion equipment.
(A) Equipment
manufactured or modified on or before June 1, 2003, must comply with the provisions
of the Standard for ovens and furnaces, NFPA No. 86A-1969 where applicable.
(B) Equipment
manufactured or modified after June 1, 2003, must comply with the provisions of
the Standard for Ovens and Furnaces, NFPA No. 86-1999 where applicable.
(b) Do not
use a spray area for drying when such drying can increase the surface temperature
of the spray area.
(c) Except
as specifically provided in paragraph (6)(e) of this section, do not install an
open flame heating system for drying, curing, or fusion in a spray area.
(d) Drying,
curing, or fusion units may be installed adjacent to spray areas only when equipped
with an interlocked ventilating system arranged to:
(A) Thoroughly
ventilate the drying space before the heating system can be started;
(B) Maintain
a safe atmosphere at any source of ignition;
(C) Automatically
shut down the heating system in the event of failure of the ventilating system.
(e) Automobile
refinishing spray booths or enclosures, otherwise installed and meeting the requirements
of this section, may alternately be used for drying with portable electrical infrared
drying apparatus that meets the following:
(A) Keep
the interior (especially floors) of spray enclosures free of overspray deposits.
(B) Keep
the apparatus out of the spray and overspray area while spray finishing is in progress.
(C) Equip
the spraying apparatus, the drying apparatus, and the ventilating system of the
spray enclosure with suitable interlocks arranged so:
(i) The spraying
apparatus cannot be operated while the drying apparatus is inside the spray enclosure.
(ii) The
spray enclosure is purged of spray vapors for at least 3 minutes before the drying
apparatus is energized.
(iii) The
ventilating system maintains a safe atmosphere within the enclosure during the drying
process, and the drying apparatus will automatically shut off in the event of failure
of the ventilating system.
(D) All electrical
wiring and equipment of the drying apparatus must meet the applicable sections of
OAR 437, Division 2, Subdivision S. Only equipment of a type approved for Class
I, Division 2 hazardous locations will be located within 18 inches of floor level.
All metallic parts of the drying apparatus will be properly electrically bonded
and grounded.
(E) Place
a warning sign on the drying apparatus indicating that ventilation must be maintained
during the drying period and that spraying must not be conducted in the vicinity
where spray will deposit on apparatus.
(7) Powder
Coating.
(a) Ventilation.
(A) Ensure
that exhaust ventilation is sufficient to maintain the atmosphere below the lowest
explosive limits for the materials being applied. Ensure that all nondeposited air-suspended
powders are safely removed via exhaust ducts to the powder recovery cyclone or receptacle.
(B) Do not
release powders to the outside atmosphere.
(b) Operation
and maintenance.
(A) Keep
all areas free of the accumulation of powder coating dusts, particularly horizontal
surfaces as ledges, beams, pipes, hoods, booths, and floors.
(B) Clean
surfaces in a manner to avoid scattering dust to other places or creating dust clouds.
(C) Conspicuously
post “No Smoking” signs in large letters on contrasting color background
at all powder coating areas and powder storage rooms.
(c) Electrostatic
fluidized beds.
(A) Use only
approved electrostatic fluidized beds and associated equipment.
(B) Ensure
that the maximum surface temperature of this equipment in the coating area does
not exceed 150 degrees F.
(C) Use only
high voltage circuits that will not produce a spark of sufficient intensity to ignite
any powder-air mixtures.
(D) Use circuits
designed to eliminate shock hazards upon coming in contact with a grounded object
under normal operating conditions.
(E) Locate
transformers, powerpacks, control apparatus, and all other electrical portions of
the equipment outside of the powder coasting area, with the exception of the charging
electrodes and their connections to the power supply.
(F) Adequately
ground all electrically conductive objects within the charging influence of the
electrodes. The powder coating equipment must carry a prominent, permanently installed
warning regarding the necessity for grounding these objects.
(G) Objects
being coated will be maintained in contact with the conveyor or other support in
order to ensure proper grounding. Regularly clean hangers to ensure effective contact
and areas of contact will be sharp points or knife edges where possible.
(H) Interlock
the electrical equipment with the ventilation system so the equipment cannot be
operated unless the ventilation fans are in operation.
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.:
ORS 654.025(2) & 656.726(4)

Stats. Implemented:
ORS 654.001 - 654.295

Hist.: OSHA
2-1992, f. 2-6-92, cert. ef. 5-1-92; OSHA 3-2003, f. & cert. ef. 4-21-03; OSHA
5-2012, f. & cert. ef. 9-25-12
NOTES:
-1- Oregon did not adopt the following in 1910.109, Explosives and Blasting Agents:
(a) Tables H-21 and H-22, and their respective Notes; and
(b) The Definition of "magazine" in 1910.109(a)(6).
In Oregon, OAR 437-002-0109, Table OR-H-21 and OR-H-22, and their respective Notes, apply. Also, the definition of "magazine" in Note 5 of OR-H-21 applies.
-2- The following Oregon-initiated rules relate to 29 CFR 1910.109, Explosives and Blasting Agents.
437-002-0109
Explosives and Blasting Agents
(1) Blasting and Use of Explosives:
(a) Smoking, firearms, matches, open flame lamps, fires and flame or spark producing devices shall be prohibited in any explosive magazine or within a radius of 100 feet thereof, and with 100 feet of where explosives are being handled, transported, or used;
(b) All blasts shall be fired electronically with an electric blasting machine or properly designed electric power sources, except as provided in sections of this rule;
(c) All explosives shall be accounted for at all times. Explosives not being used shall be kept in a locked magazine, unavailable to persons not authorized to handle them. The employer shall maintain an inventory and use records of all explosives. Appropriate authorities shall be notified of any loss, theft, or unauthorized entry into a magazine;
(d) The preparation of primers shall be done in a safe place, well away from fire, possible sparks, magazines or powder boxes. Where practical to do so, primers should be prepared at the point of use and immediately placed in the bore hole.
(2) Recordkeeping and Loading:
(a) The blaster shall keep an accurate, up-to-date records of explosives, blasting agents, and blasting supplies used in a blast and shall keep an accurate running inventory of all explosives and blasting agents stored on the operations;
(b) No explosives or blasting agents shall be left unattended at the blast site. No loaded holes shall be left unattended or unprotected. All loaded holes shall be fired before leaving the blast site.
(3) Electric Firing. Flashlight batteries shall not be used when firing a circuit of electric blasting caps. The electric current delivered to the charge shall meet the manufacturer's recommended level.
(4) Locks. Each door shall be equipped with two mortise locks; with two padlocks fastened in separate hasps and staples; with a combination or mortise lock and padlock; with a mortise lock that requires two keys to open; or a three-point lock. Locks shall be five-tumbler proof. All padlocks shall be protected with 1/4-inch steel caps constructed so as to prevent sawing or lever action on the locks or hasps.
(5) Cap Boxes. Storage facilities for blasting caps in quantities of 100 or less shall have sides, bottoms, and covers constructed of No. 12-gauge metal and lined with a nonsparking material. Hinges and hasps shall be attached thereto by welding. A single five-tumbler proof lock shall be sufficient for locking purposes.
NOTES:
-1- Use the American Table of Distances for Storage of Explosive Materials to determine safe distances from inhabited dwellings, highways, passenger railways, and between explosive materials magazines.
-2- Use the appendix, Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents, to determine non-propagating distances to ammonium nitrate fuel oil (ANFO) blasting agents and to ammonium nitrate.
-3- Use the greater of the distances shown in the American Table of Distances and in the Table of Recommended Separation Distances to determine the required separation between a magazine for storage of explosives and a magazine for storage of blasting agents.
(6)(a) Table of Distances. The provisions contained in Table 21 are in lieu of the provisions contained in 29 CFR 1910.109, Table H-21, American Table of Distances for Storage of Explosives. Related Notes are printed following the table for clarity in using Table OR-H-21;
(b) Table of Recommended Separation Distances. The provisions contained in Table 22 are in lieu of the provisions contained in 29 CFR 1910.109, Table H-22, Table of Recommended Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents. Related notes are printed following the table for clarity in using Table OR-H-22.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: OSHA 2-1992, f. 2-6-92, cert. ef. 5-1-92
437-002-0118
Oregon Rules
for Reinforced Plastics Manufacturing
(1) Applicability.
If a specific type of equipment, process or practice is not limited to the reinforced
plastics industry, the provisions contained in other Divisions of OAR 437, Oregon
Occupational Safety and Health Code, shall apply.
(2) Scope.
(a) These
rules shall apply to reinforced plastics manufacturing operations, in their shop
buildings (not field work) involving the use of polyester, vinylester, and other
similar products in which styrene monomer is a reactive monomer for the resin. This
division applies to chopper gun, gel coating, hand laminating and casting operations
utilizing resin and organic peroxide catalyst.
(b) This
division does not apply to:
(A) Application
of flammable organic materials such as acetone, methyl ethyl ketone (MEK), either
alone or mixed as flammable paints or diluents;
(B) Operations,
involving polyurethane finishes or foams utilizing isocyanate catalysts;
(C) Operations
involving epoxy resin compounds utilizing amine hardeners; or
(D) Cleaning
of chopper guns, lines, and associated equipment in which acetone, MEK, or other
flammable organic solvents are sprayed into the open air as part of the cleaning
process.
(3) Definitions.
The following definitions shall apply to OAR 437-002-0118:
(a) Chopper
Gun — A device that feeds fiber glass rovings through a chopper and ejects
them into a stream of resin and organic peroxide catalyst onto a mold surface. The
resin and organic peroxide catalyst are combined and ejected from the chopper gun
by either one of two systems:
(A) One nozzle
ejects resin while another nozzle ejects organic peroxide catalyst towards the mold
surface; or
(B) The resin
and organic peroxide catalyst are fed into a single chopper gun mixing chamber ahead
of the nozzle.
NOTE: By
either method, the resin mixture precoats the strands of glass and the merged product
is directed onto a mold surface by the operator.
(b) Flammable liquid
means any liquid having a flashpoint at or below 199.4 degrees F (93 degrees C).
Flammable liquids are divided into four categories as follows:
(A) Category
1 shall include liquids having flashpoints below 73.4 degrees F (23 degrees C) and
having a boiling point at or below 95 degrees F (35 degrees C).
(B) Category
2 shall include liquids having flashpoints below 73.4 degrees F (23 degrees C) and
having a boiling point above 95 degrees F (35 degrees C).
(C) Category
3 shall include liquids having flashpoints at or above 73.4 degrees F (23 degrees
C) and at or below 140 degrees F (60 degrees C). When a Category 3 liquid with a
flashpoint at or above 100 degrees F (37.8 degrees C) is heated for use to within
30 degrees F (16.7 degrees C) of its flashpoint, it shall be handled in accordance
with the requirements for a Category 3 liquid with a flashpoint below 100 degrees
F (37.8 degrees C).
(D) Category
4 shall include liquids having flashpoints above 140 degrees F (60 degrees C) and
at or below 199.4 degrees F (93 degrees C). When a Category 4 flammable liquid is
heated for use to within 30 degrees F (16.7 degrees C) of its flashpoint, it shall
be handled in accordance with the requirements for a Category 3 liquid with a flashpoint
at or above 100 degrees F (37.8 degrees C).
(c) Flashpoint
– The minimum temperature at which a liquid gives off vapor within a test
vessel in sufficient concentration to form an ignitable mixture shall be determined
as follows:
(A) For a
liquid which has a viscosity of less than 45 SUS at 100 degrees F (37.8 degrees
C), does not contain suspended solids, and does not have a tendency to form a surface
film while under test, the procedure specified in the Standard Method of Test for
Flashpoint by Tag Closed Tester (ASTM D-56-70), which is incorporated by reference
as specified in 1910.6, or an equivalent test method as defined in Appendix B to
OAR 437-002-1910.1200 – Physical Hazard Criteria, shall be used.
(B) For a
liquid which has a viscosity of 45 SUS or more at 100 degrees F (37.8 degrees C),
or contains suspended solids, or has a tendency to form a surface film while under
test, the Standard Method of Test for Flashpoint by Pensky-Martens Closed Tester
(ASTM D-93-71) or an equivalent method as defined by Appendix B to OAR 437-002-1910.1200
– Physical Hazard Criteria, shall be used except that the methods specified
in Note 1 to section 1.1 of ASTM D-93-71 may be used for the respective materials
specified in the Note. The preceding ASTM standard is incorporated by reference
as specified in OAR 437-002-1910.6.
(C) For a
liquid that is a mixture of compounds that have different volatilites and flashpoints,
its flashpoint shall be determined by using the procdures in subsection (3)(c)(A)
or (3)(c)(B) of this definition on the liquid in the form it is shipped.
(D) Organic
peroxide catalysts are excluded from any of the flashpoint determination methods
specified in this section.
(d) Gelcoating
– A chopper gun pressure pot or similar device is used to apply the resin
and organic peroxide catalyst mixture to a mold surface without glass fibers;
(e)Hand Laminating
– Resin is mixed with organic peroxide catalyst and applied by hand with a
brush, squeegee, or roller with fiber glass reinforcements.
(f) Hazard
– A substance, process, practice or condition which could result in an injury
or illness to an employee.
(g) Resin
– A mixture of true esters dissolved in a polymerizable monomer (styrene).
(h) Threshold-Limit
Value – Short Term Exposure Limit (TLV-STEL) – The maximum concentration
to which workers can be exposed for a period of up to 15 minutes continuously without
suffering from (a) irritation, (b) chronic or irreversible tissue change, or (c)
narcosis of sufficient degree to increase accident proneness, impair self-rescue,
or materially reduce work efficiency, provided that no more than four excursions
per day are permitted, with at least 60 minutes between exposure periods, and provided
that the daily TLV-TWA also is not exceeded. The STEL should be considered a maximum
allowable concentration, or ceiling, not to be exceeded at any time during the 15-minute
excursion period.
GENERAL REQUIREMENTS
(4) Permissible
Exposure Limits.
(a) An employee’s
exposure to any material listed in Table 1, in any 8-hour workshift of a 40-hour
work week, shall not exceed the 8-hour time-weighted average limit for that material
in the table.
(b) An employee’s
exposure to a material listed in Table 1 shall not exceed, at any time during an
8-hour shift, the TLV-STEL level given for the material in the table, except for
a time period, and up to a concentration not exceeding the maximum duration and
concentration allowed in the column under “Acceptable Maximum Peak.”
(c) Employee
exposure to other airborne contaminants shall be in accordance with OAR 437, Division
2, Subdivision Z, 1910.1000, Air Contaminants, and other applicable regulations.
NOTE: In
the Oregon Rules for Reinforced Plastics Manufacturing, Table 1, Permissible Exposure
Limits, in OAR 437-002-0118(4), has been revised to reflect the current limits in
OAR 437-002-0382, Oregon Rules for Air Contaminants, which were adopted on 11/15/93
in lieu of 1910.1000, Air Contaminants. Table.
(5) Methods of Compliance.
(a) To achieve
compliance with OAR 437-002-0118(4), Permissible Exposure Limits, administrative
or engineering controls must first be determined and implemented whenever feasible.
(b) When
such controls are not feasible to achieve full compliance, protective measures as
prescribed in OAR 437, Division 2/I, Personal Protective Equipment, shall be used
to keep the exposure of employees to airborne contaminants within the limits prescribed
in OAR 437-002-0118.
(6) Employee
Information and Training. A training program shall be established and all affected
employees shall be trained regarding the safe handling of materials used in the
industry which shall include instruction in storage, handling large and small quantities,
cleanup and disposal of spills, first aid for spills, equipment training, potential
health and safety hazards, personal hygiene, personal protective measures, and the
labeling system.
(7) Personal
Protective Equipment.
(a) Safety
glasses shall be worn at all times by personnel working in the manufacturing area
of reinforced plastics plants.
(b) Face
shields and safety glasses shall be worn when opening and filling pressurized catalyst
injection equipment.
(c) An eyewash
fountain shall be provided no more than 25 feet or 15 seconds of actual travel from
a work area where MEK peroxide is being mixed or transferred.
(A) The criteria
of 25 feet shall apply if the employee is working alone.
(B) The criteria
of 15 seconds shall apply if other employees are close enough under normal working
conditions to provide assistance and a formal training program which includes emergency
first aid procedures for eye protection has been implemented.
(d) Clothing
saturated or impregnated with flammable liquids, corrosive or toxic substances,
irritants, or oxidizing agents, that present a health hazard to employees shall
be removed and disposed of, or properly cleaned before reuse; however, clothing
coated with cured resin may be worn.
(8) Warning
Signs and Labels.
(a) Label
chemical containers in accordance with OAR 437-002-1910.1200, Hazard Communication.
(b) Where
extreme occupational health hazards are known to exist in the workplace, the employer
shall provide warning signs or other equally effective means of calling attention
to such hazards at the location where the hazards exist.
(9) Housekeeping.
(a) Housekeeping
shall be sufficient to keep accumulations of combustible residues to a minimum as
practical.
(b) All combustible
and flammable residues shall be placed in covered noncombustible containers.
(c) To prevent
excessive permanent buildup of overspray and overchop, the use of paper, polyethylene
film, building or roofing paper or other similar sheet material shall be permitted
on side walls and floors of chopper gun and gelcoat areas.
(A) When
the accumulated depth of overchop and/or gelcoat has reached an average thickness
of 2 inches in the overspray area, it shall be disposed of after at least 4 hours
curing.
(B) A single
day’s accumulation of more than an average of 2 inches shall be permitted
provided it is disposed of before operations are resumed the next day.
(d) Excess
catalyzed resin inside a building shall be disposed of in open-topped containers
provided with bar screens, large mesh wire screens, or other means, to support individual
containers across its top through which surplus catalyzed resin can be poured and
upon which empty containers that once held catalyzed resin can be placed to cure.
The open-topped containers shall contain water at least 2 inches deep in which the
resin shall be poured and permitted to cure in a safe fashion. Containers can be
used until filled with setup resin and disposed of along with other nontoxic waste.
(10) Hygiene
Facilities and Practices. If acetone is used directly on the skin to clean hands,
barrier or a therapeutic cream must be made available to the employee. Gloves shall
be provided should any employee wish additional protection.
(11) Storage
and Handling of Flammable Liquids.
(a) The storage
and handling of acetone and other Category 1-3 flammable liquids for cleanup and
gun flushing shall be subject to the following requirements:
(A) Category
1-3 flammable solvents shall be kept in containers that are covered during storage;
(B) Areas
within the shop where acetone or other Category 1-3 flammable solvents are transferred
into containers less than 5 gallons each shall be considered Class I, Division 1
areas for a 5-foot radius around the point of transfer, and Class I Division 2,
for an additional 5 feet outside of the area; and
(C) “Dirty”
acetone in small individual cleanup containers of less than 5 gallons each may be
handled by pouring into a larger container suitable for disposal or recycling which
shall be kept covered.
(b) The following
subsections shall apply to chopper gun or gelcoating areas:
(A) Areas
where flammable liquids are used, shall be protected by automatic sprinklers or
equivalent extinguishing systems. If a special extinguishing system including, but
not limited to, those employing foam, carbon dioxide, or dry chemical is provided,
approved equipment shall be used and installed in an approved manner.
(B) Exhaust
fans mounted 4 feet or less, as measured from the invert (bottom) of the duct above
the floor, shall have nonsparking fan blades, and
(i) A motor
mounted external to the air stream in a nonexplosive atmosphere. The fan shall be
driven by an interconnecting belt.
(ii) Those
fans having air suction ducts 4 feet or less above the floor shall comply with subsection
(11)(b)(B).
(C) Exhaust
fans mounted more than 4 feet above the floor shall have nonsparking fan blades.
(D) All other
electrical equipment in chopper gun or gelcoating operations must conform to the
requirements of National Fire Protection Association (NFPA) 33-1989.
(c) Acetone
and other Category 1-3 flammable liquids shall be transferred only though a closed
piping system from a safety can by means of a device drawing through the top or
from a container or portable tank by gravity through an approved self-closing valve.
The nozzle and container shall be electrically interconnected.
(d) Acetone
shall be kept in covered containers when not in use.
(e) Special
input and exhaust ventilation shall be provided where employees must be inside or
under the item being fabricated (e.g., inside a pipe or boat hull or under a large
fabricated shape) to keep air concentrations of hazardous and/or flammable materials
at or below 25 percent of the lower explosive limit and employee exposure at or
below the permissible exposure limit.
(f) Areas
where flammable materials are handled shall either be posted with “No Smoking”
signs, or smoking shall be prohibited throughout plant, manufacturing and storage
areas.
(g) Storage
and handling of flammable liquids not addressed in these rules shall meet the requirements
of 1910.106, Flammable Liquids.
(12) Storage
and Handling of Organic Peroxide Catalysts.
(a) Organic
peroxide catalysts shall be isolated and stored in their original containers in
a cool place under 100 degrees F (37.8 degrees C), away from other flammable materials
and ignition sources.
(b) Organic
peroxide catalyst containers shall be covered or kept closed at all times.
(c) Organic
peroxide catalysts shall be brought into the area of use in no more than two consecutive
days’ supply.
(d) Larger
than 8-pound containers of organic peroxide catalyst shall not be permitted outside
designated catalyst storage areas, except for hand layup operations or for filling
the catalyst reservoir of chopper gun and gelcoat equipment.
(e) When
organic peroxide catalyst is being poured into the catalyst reservoir of chopper
gun and gelcoat equipment, the catalyst container shall be equipped with a special
curved pouring spout or other device which directs the catalyst into the reservoir
without splashing.
(A) A supply
of water of not less than 1-gallon shall be permanently installed on the chopper
gun or gelcoat apparatus to wet down any catalyst spills which may occur due to
overfilling. Catalyst spills shall be absorbed in accordance with the manufacturer’s
recommendations.
(B) Immediately
after filling the chopper gun or gelcoat apparatus with catalyst, the empty or partially
filled catalyst container shall be removed immediately before commencement of any
other operation.
(13) Fire
Protection. Areas where flammable materials are handled shall either be posted with
“No Smoking” signs, or smoking shall be prohibited throughout plant,
manufacturing and storage areas.
(14) Ventilation.
(a) Special
input and exhaust ventilation shall be provided where employees must be inside or
under the item being fabricated (e.g., inside a pipe or boat hull or under a large
fabricated shape) to keep air concentrations of hazardous and/or flammable materials
at or below 25 percent of the lower explosive limit and employee exposure at or
below the permissible exposure limit.
(b) During
cleanup and gun flushing with acetone or other Category 1-3 flammable liquids, sufficient
ventilation shall be provided to maintain air concentrations below 25 percent of
the lower explosive limit (LEL) and employee exposure at or below the permissible
exposure limit.
(c) Where
acetone and Category 1-3 flammable solvents are used in physical operations (e.g.,
mixing), there shall be a minimum ventilation rate of 1 cubic foot per minute per
square foot of floor area in the immediate work area.
[Publications: Publications
referenced are available from the agency.]
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.:
ORS 654.025(2) & 656.726(4)

Stats. Implemented:
ORS 654.001 - 654.295

Hist.: OSHA
2-1992, f. 2-6-92, cert. ef. 5-1-92; OSHA 6-1994, f. & cert. ef. 9-30-94; OSHA
5-2012, f. & cert. ef. 9-25-12
437-002-0119
Oregon Effective Dates
(1) Information pertaining to the equipment in the process shall include material and energy balances for processes built after November 24, 1992.
(2) The employer shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this standard. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. Employers shall determine and document the priority order for conducting process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process. The process hazard analysis shall be conducted as soon as possible, but not later than the following schedule:
(a) No less than 25 percent of the initial process hazards analyses shall be completed by November 24, 1994;
(b) No less than 50 percent of the initial process hazards analyses shall be completed by November 24, 1995;
(c) No less than 75 percent of the initial process hazards analyses shall be completed by November 24, 1996;
(d) All initial process hazard analyses shall be completed by November 24, 1997;
(e) Process hazards analyses completed after November 24, 1987, which meet the requirements of this paragraph are acceptable as initial process hazards analyses. These process hazard analyses shall be updated and revalidated, based on their completion date.
(3) In lieu of initial training for these employees already involved in operating a process on November 24, 1992, an employer may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as specified in the operating procedures.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: OSHA 8-1992, f. 8-13-92, cert. ef. 11-24-92; OSHA 3-1993, f. & cert. ef. 2-23-93; OSHA 6-1994, f. & cert. ef. 9-30-94

Subdivision I — Personal Protective Equipment

437-002-0120
Adoption by Reference
In addition to, and not in lieu of,
any other health and safety codes contained in OAR chapter 437, the Department adopts
by reference the following federal regulations printed as part of the Code of Federal
Regulations, 29 CFR 1910, in the Federal Register:
(1) 29 CFR 1910.132 General
requirements. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective
12/8/11. In Oregon, OAR 437-002-0134 applies.
(2) 29 CFR 1910.133 Eye and
face protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective
12/8/11. In Oregon, OAR 437-002-0134 applies.
(3) 29 CFR 1910.134 Respiratory
protection, published 8/7/12, FR vol. 77, no. 152, p. 46948.
(4) 29 CFR 1910.135 Occupational
head protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective
12/8/11. In Oregon, OAR 437-002-0134 applies.
(5) 29 CFR 1910.136 Occupational
foot protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective
12/8/11. In Oregon, OAR 437-002-0134 applies.
(6) 29 CFR 1910.137 Electrical
protective equipment, published 4/11/14, FR vol. 79, no. 70, p. 20316.
(7) 29 CFR 1910.138 Hand
Protection. Repealed with Oregon OSHA Admin. Order 4-2011, filed and effective 12/8/11.
In Oregon, OAR 437-002-0134 applies.
(8) 29 CFR 1910.139 Respiratory
protection for M. tuberculosis. Removed, 12/3/03, FR vol. 68, p. 75776-75780 (OR-OSHA
Admin. Order 1-2004, f. 3/26/04, ef. 7/1/04).
(9) Appendices.
Appendix A – References for further
information (nonmandatory).
Appendix B – Nonmandatory compliance
guidelines for hazard assessment and personal protective equipment selection; amended
with OR-OSHA Admin. Order 3-2015, f. 10/9/15, ef. 1/1/16.
These standards are available
from the Oregon Occupational Safety and Health Division (OR-OSHA), Department of
Consumer and Business Services; and the United States Government Printing Office.
Stat. Auth.: ORS 654.025(2)
& 656.726(4)
Stats. Implemented: ORS 654.001
- 654.295
Hist.: OSHA 9-1993, f. 7-29-93,
cert. ef. 9-15-93; OSHA 3-1994, f. & cert. ef. 8-1-94; OSHA 3-1997, f. &
cert. ef. 3-28-97; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 3-1998, f. &
cert. ef. 7-7-98; OSHA 12-2001, f. & cert. ef. 10-26-01; OSHA 1-2004, f. 3-26-04,
cert. ef. 7-1-04; OHSA 5-2004, f. & cert. ef. 11-19-04; OSHA 4-2006, f. &
cert. ef. 7-24-06; OSHA 10-2006, f. & cert. ef. 11-30-06; OSHA 5-2008, f. 5-1-08,
cert. ef. 5-15-08; OSHA 5-2009, f. & cert. ef. 5-29-09; OSHA 2-2010, f. &
cert. ef. 2-25-10; OSHA 4-2011, f. & cert. ef. 12-8-11; OSHA 1-2012, f. &
cert .ef. 4-10-12; OSHA 7-2012, f. & cert. ef. 12-14-12; OSHA 3-2015, f. 10-9-15,
cert. ef. 1-1-16
437-002-0122
Dipping and
Coating
(1) Scope.
(a) This
rule applies to all operations where an object is partially or fully immersed in
a liquid, or the vapors of a liquid. Such operations include, but are not limited
to, cleaning, coating, altering the surface of an object, or changing the character
of an object. Examples of covered operations are paint dipping, electroplating,
pickling, quenching, tanning, degreasing, stripping, cleaning, roll coating, flow
coating, and curtain coating. This rule also applies to draining or drying an object
that has been dipped or coated.
(b) This
rule does not apply to tanks that contain only water or a molten material.
(2) Definitions.
Adjacent area: Any area within 20 feet (6.1 m) of a vapor area that is not separated
from the vapor area by tight partitions. Approved: The equipment is listed or approved
by a nationally recognized testing laboratory. Autoignition temperature: The minimum
temperature required to cause self-sustained combustion, independent of any other
source of heat.Dip tank: A container holding a liquid other than water and is used
for dipping or coating. An object may be immersed (or partially immersed) in a dip
tank or it may be suspended in a vapor coming from the tank. Flammable liquid: A
liquid having a flashpoint at or below 199.4 degrees F (93 degrees C). Flashpoint:
The minimum temperature at which a liquid gives off a vapor in sufficient concentration
to ignite if tested in accordance with the test methods in Appendix B to OAR 437-002-1920.1200
— Physical Hazard Criteria. Lower flammable limit (LFL): The lowest concentration
of a material that will propagate a flame. The LFL is usually expressed as a percent
by volume of the material in air (or other oxidant). Vapor area: Any space containing
a dip tank, including its drain boards, associated drying or conveying equipment,
and any surrounding area where the vapor concentration exceeds 25% of the LFL of
the liquid in the tank.
(3) Any container
used as a dip tank must be strong enough to withstand any expected load.
(4) Ventilation.
(a) Ensure
airborne concentrations of materials in any vapor area do not exceed 25% of its
LFL.
(b) A tank
cover or material that floats on the surface of the liquid in a dip tank to replace
or supplement ventilation is acceptable, as long as the airborne concentrations
do not exceed 25% of the LFL or any limit established by Division 2, Subdivision
Z.
(c) When
mechanical ventilation is used, it must conform to design standards based on national
consensus standards that meet the following:
(A) The standard
specifies the safety requirements for the particular equipment;
(B) The standard
is recognized in the United States as providing specifications that result in an
adequate level of safety;
(C) The standard
was developed by a standards development organization under a method providing for
input and consideration of views of industry groups, experts, users, govern- mental
authorities, and others having broad experience and expertise in issues related
to the design and construction of the particular equipment.
(d) Nonmandatory
appendix A of this section contains examples of consensus standards that meet the
requirements of paragraph (4)(c) of this section.
(e) When
mechanical ventilation is used, each dip tank must have an independent exhaust system
unless the combination of substances being removed will not cause a fire, explosion,
or chemical reaction.
(f) When
mechanical ventilation is used, it must draw the flow of air into a hood or exhaust
duct.
(A) Ensure
each room with exhaust hoods has make-up airflow that is at least 90% of the volume
of air exhausted.
(B) Ensure
that make-up air does not damage exhaust hoods.
(C) When
air is recirculated, it must meet the requirements of OAR 437-002-0081, “Oregon
Ventilation Regulations.”
(g) Inspect
hoods and ventilation ductwork for corrosion or damage at least quarterly and prior
to operation after a prolonged shutdown.
(h) Ensure
the ventilation airflow is adequate at least quarterly and prior to operation after
a prolonged shutdown.
(5) Periodically
inspect all dipping and coating equipment, including covers, drains, overflow piping,
and electrical and fire-extinguishing systems, and promptly correct any deficiencies.
(6) Thoroughly
clean dip tanks of solvents and vapors before permitting welding, burning, or open-flame
work.
(7) Provide
mechanical ventilation or respirators (selected and used as specified in 1910.134,
Respiratory Protection) to protect employees in the vapor area from exposure to
toxic substances released during welding, burning, or open-flame work.
(8) Medical,
first aid, and hygiene facilities.
(a) All employees
working with or around dip tanks must know the first-aid procedures appropriate
to the dipping and coating hazards to which they are exposed.
(b) When
employees work with liquids that may burn, irritate, or otherwise harm their skin:
(A) Obtain
a physician’s approval before an employee with a sore, burn, or other skin
lesion that requires medical attention can return to work in a vapor area.
(B) Only
a properly designated person can provide treatment for any skin abrasion, cut, rash,
or open sore.
(C) Keep
appropriate first-aid supplies near dipping or coating operations.
(D) Provide
employees who work with chromic acid periodic examinations, at least annually, of
their exposed body parts, especially their nostrils.
(E) Provide
locker space or other storage space to prevent contamination of employee’s
street clothes.
(F) Provide
at least one basin with hot water for every 10 employees who work with such liquids.
(G) Follow
the emergency eyewash and shower facilities requirements of OAR 437-002-0161, Medical
& First Aid.
(9) Before
cleaning a dip tank:
(a) Drain
the tank and open the cleanout doors; and
(b) Ventilate
and clear any pockets where hazardous vapors may have accumulated.
(10)Use of
flammable or combustible liquids.
(a) Use only
dip tanks constructed from non-combustible materials. When drainboards are used,
use only drainboards constructed from non-combustible materials.
(b) Overflow
piping.
(A) Provide
properly trapped overflow piping for dip tanks that have a capacity greater than
150 gallons (568 liters) or a surface area greater than 10 square feet (0.95 square
meters).
(B) Overflow
piping must discharge to a safe location.
(C) Overflow
piping must be at least 3 inches (7.6 cm) diameter and must have sufficient capacity
to prevent the tank from overflowing.
(D) The bottom
of the overflow connector must be at least 6 inches (15.2 cm) below the top of the
dip tank.
(c) Bottom
Drains.
(A) Dip tanks
containing more than 500 gallons (1893 L) of liquid must have a bottom drain.
(i) A bottom
drain is not required if an automatic cover that meets the requirements of paragraph
(10)(d)(C) is used.
(ii) A bottom
drain is not required if the viscosity of the liquid at normal atmospheric temperature
makes this impractical.
(B) Ensure
the bottom drain will empty the dip tank in the event of a fire.
(C) Properly
trap the bottom drain.
(D) Ensure
the bottom drain has pipes that will empty the dip tank within 5 minutes.
(E) Bottom
drains must discharge to a safe location.
(F) Bottom
drains must be capable of manual and automatic operation. Manual operation must
be from a safe and accessible location.
(G) When
gravity flow from the bottom drain is impractical, use automatic pumps.
(d) Fire
Protection.
(A) Provide
portable fire extinguishers that meet the requirements of OAR 437-002-0187 in every
vapor area.
(B) Provide
an automatic fire extinguishing system:
(i) When
the capacity of the dip tank is at least 150 gallons (568 L) or the liquid surface
area is 4 square feet (0.38 square meters) or more; or
(ii) When
the capacity of a hardening or tempering tank is at least 500 gallons (1893 L) or
a liquid surface area of 25 square feet (2.37 square meters) or more.
(C) A cover
that is closed by an approved automatic device for the automatic fire-extinguishing
system may be used instead of the fire extinguishing system if the cover:
(i) Can also
be activated manually;
(ii) Is noncombustible
or tin-clad, with the enclosing metal applied with locked joints; and
(iii) Is
kept closed when the dip tank is not in use.
(D) In each
vapor area and any adjacent area, ensure that:
(i) All electrical
wiring and equipment conform to OAR 437, Division 2, Subdivision S (except as specifically
permitted in paragraph (15)); and
(ii) There
are no flames, spark-producing devices, or other surfaces that are hot enough to
ignite vapors.
(E) Electrically
bond and ground portable containers used to add liquids to dip tanks to prevent
static electrical sparks or arcs.
(F) All vapor
areas must be free of combustible debris and as free as practicable of combustible
stock.
(G) Deposit
all rags or waste impregnated with dipping or coating material in a tightly-closing
metal waste can immediately after use. Use only waste cans that are approved or
acceptable to the local fire authority.
(H) Empty
all waste containers at the end of each shift.
(I) Prohibit
smoking in all vapor areas. Post a readily visible “No Smoking” sign
near each dip tank or designate the entire area as “No Smoking.”
(e) If a
conveyor system is used with a dip tank, it must automatically shut down in the
event of a fire. If a ventilation system is used to meet the ventilation requirements
of paragraph (4), the conveyor system must automatically shut down if the ventilation
system fails.
(f) If a
liquid is heated in a dip tank, it must be maintained below the liquid’s boiling
point, and it must be maintained at least 100¼ F (37.8¼ C) below the liquid’s
autoignition temperature.
(g) Ensure
that a heating system that is used in a drying operation and could cause ignition:
(A) Is installed
in accordance with NFPA 86A-1969, Standard for Ovens and Furnaces (which is incorporated
by reference in 1910.6 of this part); and
(B) Has adequate
mechanical ventilation that operates before and during the drying operation; and
(C) Shuts
down automatically if any ventilating fan fails to maintain adequate ventilation.
(11) Hardening
or Tempering Tanks.
(a) Ensure
that hardening or tempering tanks:
(A) Are located
as far as practicable from furnaces;
(B) Are on
noncombustible flooring;
(C) Have
noncombustible hoods and vents (or equivalent devices) for venting to the outside.
For this purpose, treat vent ducts as flues and keep them away from combustible
materials, particularly roofs.
(b) Equip
each tank with an alarm that will sound if the temperature of the liquid comes within
50¼ F (10¼ C) of its flashpoint (the alarm set point).
(c) When
practicable, provide each tank with a limit switch to shut down the conveyor supplying
work to the tank.
(d) If the
temperature of the liquid can exceed the alarm set point, equip the tank with a
circulating cooling system.
(e) If the
tank has a bottom drain, the bottom drain may be combined with the oil-circulating
system.
(f) Do not
use air under pressure when filling the dip tank or agitating the liquid in the
dip tank.
(12) Flow
Coating.
(a) Use a
direct low-pressure pumping system or a 10-gallon (38 L) or smaller gravity tank
to supply the paint for flow coating. In case of fire, an approved heat-actuated
device must shut down the pumping system.
(b) Ensure
that the piping is substantial and rigidly supported.
(13) When
roll coating, roll spreading, or roll impregnating operations use a flammable or
combustible liquid that has a flashpoint below 140¼ F (60¼ C), prevent sparking
of static electricity by:
(a) Bonding
and grounding all metallic parts (including rotating parts) and installing static
collectors; or
(b) Maintaining
a conductive atmosphere (for example, one with a high relative humidity) in the
vapor area.
(14) Vapor
degreasing tanks.
(a) Ensure
that the condenser or vapor-level thermostat keeps the vapor level at least 36 inches
(91 cm) or one-half the tank width, whichever is less, below the top of the vapor
degreasing tank.
(b) When
using gas as a fuel to heat the tank liquid, the combustion chamber must be airtight
(except for the flue opening) to prevent solvent vapors from entering the air-fuel
mixture.
(c) The flue
must be made of corrosion-resistant material, and it must extend to the outside.
Install a draft diverter if mechanical exhaust is used on the flue.
(d) Do not
allow the temperature of the heating element to cause a solvent or mixture to decompose
or to generate an excessive amount of vapor.
(15) Ensure
that cyanide tanks have a dike or other safeguard to prevent cyanide from mixing
with an acid if a dip tank fails.
(16) If a
liquid is sprayed in the air over an open-surface cleaning or degreasing tank, control
the spraying to the extent feasible by:
(a) Enclosing
the spraying operation; and
(b) Using
mechanical ventilation to provide enough inward air velocity to prevent the spray
from leaving the vapor area.
(17) Electrostatic
paint detearing.
(a) Use only
approved electrostatic equipment in paint-detearing operations. Electrodes in such
equipment must be substantial, rigidly supported, permanently located, and effectively
insulated from ground by nonporous, noncombustible, clean, dry insulators.
(b) Use conveyors
to support any goods being paint deteared.
(c) Do not
manually handle goods being electrostatically deteared.
(d) Maintain
a minimum distance of twice the sparking distance between goods being electro- statically
deteared and the electrodes or conductors of the electrostatic equipment. This minimum
distance must be displayed conspicuously on a sign located near the equipment.
(e) Ensure
that the electrostatic equipment has automatic controls that immediately disconnect
the power supply to the high-voltage transformer and signal the operator if:
(A) Ventilation
or the conveyors fail to operate;
(B) A ground
(or imminent ground) occurs anywhere in the high-voltage system; or
(C) Goods
being electrostatically deteared come within twice the sparking distance of the
electrodes or conductors of the equipment.
(f) Use fences,
rails, or guards, made of conducting material and adequately grounded, to separate
paint-detearing operations from storage areas and from personnel.
(g) To protect
paint-detearing operations from fire, use automatic sprinklers or an automatic
fire-extinguishing system conforming to the requirements of OAR 437, Division 2,
Subdivision F.
(h) To collect
paint deposits, provide drip plates and screens and clean these plates and screens
in a safe location.
Stat. Authority:
ORS 654.025(2), 656.726(4).

Stats. Implemented:
ORS 654.001 - 654.295.

Hist.: OSHA
9-2007, f. & cert. ef. 12-3-07; OSHA 5-2012, f. & cert. ef. 9-25-12
Oregon Initiated Rules
for Personal Protective Equipment
437-002-0134
Personal Protective Equipment
Oregon Initiated Rules for Personal
Protective Equipment
437-002-0134
Personal Protective Equipment
Application. This rule applies to personal
protective equipment and other protective equipment for the eyes, face, head, extremities
and torso to include protective clothing, respiratory devices, and protective shields
and barriers, wherever employees encounter hazardous processes or environments,
chemical hazards, radiological hazards, or mechanical irritants that are capable
of causing injury or impairment in the function of any part of the body through
absorption, inhalation or physical contact.
NOTE: The assessment for eyes, face,
head, hands, and feet are currently in effect. The torso and extremities (e.g. arms
and legs) element of the body assessment will not be enforced until July 1, 2012.
(1) Hazard assessment and equipment
selection.
(a) The employer must assess
the workplace to determine if hazards are present, or are likely to be present,
which necessitate the use of personal protective equipment (PPE) or other protective
equipment. If such hazards are present, or likely to be present, the employer must:
(A) Select, and have each
affected employee use, the types of PPE that will protect the affected employee
from the hazards identified in the hazard assessment;
(i) All protective equipment
must be of safe design and construction for the work to be performed.
(ii) Protective equipment
must be worn and used in a manner which will make full use of its protective properties.
(B) Communicate selection
decisions to each affected employee; and,
(C) Select PPE that properly
fits each affected employee.
NOTE: Non-mandatory Appendix B contains
an example of procedures that would comply with the requirement for a hazard assessment.
(b) The employer must verify that the
required workplace hazard assessment has been performed through a written certification
that identifies the workplace evaluated; the person certifying that the evaluation
has been performed; the date(s) of the hazard assessment; and, which identifies
the document as a certification of hazard assessment.
(2) Equipment.
(a) Where employees provide
their own protective equipment, the employer is responsible to assure its adequacy,
including proper maintenance, and sanitation of such equipment.
(b) All personal protective
equipment must be provided, used, and maintained in a sanitary and reliable condition.
(c) Defective or damaged
personal protective equipment must not be used
(d) Each employer must maintain
a regular system of inspection and maintenance of personal protective equipment
furnished to workers.
(3) Training.
(a) The employer must provide
training to each employee who is required by this section to use PPE and each employee
that is provided training must know at least the following:
(A) When PPE is necessary;
(B) What PPE is necessary;
(C) How to properly don,
doff, adjust, and wear PPE;
(D) The limitations of the
PPE; and,
(E) The proper care, maintenance,
useful life and disposal of the PPE.
(b) Each affected employee
must demonstrate an understanding of the training specified in paragraph (3)(a)
of this section, and the ability to use PPE properly, before being allowed to perform
work requiring the use of PPE.
(c) When the employer has
reason to believe that any affected employee who has already been trained does not
have the understanding and skill required by paragraph (3)(b) of this section, the
employer must retrain each such employee. Circumstances where retraining is required
include, but are not limited to situations where:
(A) Changes in the workplace
render previous training obsolete; or
(B) Changes in the types
of PPE to be used render previous training obsolete; or
(C) Inadequacies in an affected
employee’s knowledge or use of assigned PPE indicate that the employee has
not retained the requisite understanding or skill.
(4) Payment for protective
equipment.
(a) Except as provided by
paragraphs (4)(b) through (4)(f) of this section, the protective equipment, including
personal protective equipment (PPE), used to comply with this part, must be provided
by the employer at no cost to employees.
(b) The employer is not required
to pay for non-specialty safety-toe protective footwear (including steel-toe shoes
or steel-toe boots) and non-specialty prescription safety eyewear, provided that
the employer permits such items to be worn off the job-site.
(c) When the employer provides
metatarsal guards and allows the employee, at his or her request, to use shoes or
boots with built-in metatarsal protection, the employer is not required to reimburse
the employee for the shoes or boots.
(d) The employer is not required
to pay for:
(A) The logging boots required
by OAR 437-007-0330 in division 7.
(B) Everyday clothing, such
as long-sleeve shirts, long pants, street shoes, and normal work boots; or
(C) Ordinary clothing, skin
creams, or other items, used solely for protection from weather, such as winter
coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses,
and sunscreen.
(e) The employer must pay
for replacement PPE, except when the employee has lost or intentionally damaged
the PPE.
(f) Where an employee provides
adequate protective equipment he or she owns pursuant to paragraph (2)(a) of this
section, the employer may allow the employee to use it and is not required to reimburse
the employee for that equipment. The employer must not require an employee to provide
or pay for his or her own PPE, unless the PPE is excepted by paragraphs (4)(b) through
(4)(e) of this section.
(5) Fall Protection.
(a) All employees must be
protected from fall hazards when working on unguarded surfaces more than 10 feet
above a lower level or at any height above dangerous equipment.
(b) The employer must ensure
that fall protection systems are provided, installed, and used according to the
criteria in 1926.502(d), and 437-003-0502 in Division 3/M, Construction/Fall Protection.
(6) Work Clothing.
(a) Clothing must be worn
which is appropriate to the work performed and conditions encountered.
(b) Appropriate high temperature
protective clothing must be worn by workers who are exposed to possible contact
with molten metals or other substances that can cause burns.
(c) Loose sleeves, ties,
lapels, cuffs, or other loose clothing must not be worn near moving machinery.
(d) Clothing saturated or
impregnated with flammable liquids, corrosive or toxic substances, irritants, or
oxidizing agents must be removed immediately and not worn again until properly cleaned.
(e) Rings, wristwatches,
earrings, bracelets, and other jewelry which might contact power driven machinery
or electric circuitry, must not be worn.
(7) High Visibility Garments.
Employees exposed to hazards caused by on highway type moving vehicles in construction
zones and street/highway traffic must wear highly visible upper body garments. The
colors must contrast with other colors in the area sufficiently to make the worker
stand out. Colors equivalent to strong red, strong orange, strong yellow, strong
yellow-green or fluorescent versions of these colors are acceptable. During hours
of darkness, the garments must also have reflective material visible from all sides
for 1000 feet.
(8) Eye And Face Protection.
(a) The employer must ensure
that each affected employee uses appropriate eye or face protection when exposed
to eye or face hazards from flying particles, molten metal, liquid chemicals, acids
or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.
(b) The employer must ensure
that each affected employee uses eye protection that provides side protection when
there is a hazard from flying objects. Detachable side protectors (e.g., clip-on
or slide-on side shields) meeting the pertinent requirements of this section are
acceptable.
(c) The employer must ensure
that each affected employee who wears prescription lenses while engaged in operations
that involve eye hazards wears eye protection that incorporates the prescription
in its design, or shall wear eye protection that can be worn over the prescription
lenses without disturbing the proper position of the prescription lenses or the
protective lenses.
(d) Eye and face PPE must
be distinctly marked to facilitate identification of the manufacturer.
(e) The employer must ensure
that each affected employee uses equipment with filter lenses that have a shade
number appropriate for the work being performed for protection from injurious light
radiation. The following is a listing of appropriate shade numbers for various operations.
[Table not included, see ED. NOTE]
(f) Protective eye and face
protection devices must comply with any of the following consensus standards
(A) ANSI Z87.1-2003, American
National Standard Practice for Occupational and Educational Eye and Face Protection,
which is incorporated by reference in 1910.6;
(B) ANSI Z87.1-1989 (R-1998),
American National Standard Practice for Occupational and Educational Eye and Face
Protection, which is incorporated by reference in 1910.6; or
(C) ANSI Z87.1-1989, American
National Standard Practice for Occupational and Educational Eye and Face Protection,
which is incorporated by reference in 1910.6.
(g) Protective eye and face
protection devices that the employer demonstrates are at least as effective as protective
eye and face protection devices that are constructed in accordance with one of the
above consensus standards will be deemed to be incompliance with the requirements
of this section.
(h) Employees whose occupation
or assignment requires exposure to laser beams shall be furnished laser safety goggles
as required by Occupational Health Regulations which will protect for the specific
wavelength of the laser and be of optical density adequate for the energy involved.
(9) Head Protection.
(a) The employer must ensure
that each affected employee wears a protective helmet when working in areas where
there is a potential for injury to the head from falling or flying objects.
(b) The employer must ensure
that a protective helmet designed to reduce electrical shock hazard is worn by each
such affected employee when near exposed electrical conductors which could contact
the head.
(c) Head protection must
comply with any of the following consensus standards:
(A) ANSI Z89.1-2009, American
National Standard for Industrial Head Protection, which is incorporated by reference
in 1910.6;
(B) ANSI Z89.1-2003, American
National Standard for Industrial Head Protection, which is incorporated by reference
in 1910.6;
(C) ANSI Z89.1-1997, American
National Standard for Industrial Head Protection, which is incorporated by reference
in 1910.6; or
(d) Head protection devices
that the employer demonstrates are at least as effective as head protection devices
that are constructed in accordance with one of the above consensus standards will
be deemed to be in compliance with the requirements of this section.
(e) Employees who are exposed
to power-driven machinery or to sources of ignition shall wear caps or other head
covering which completely covers the hair.
(10) Foot Protection.
(a) The employer must ensure
that each affected employee use protective footwear when working in areas where
there is a danger of foot injuries due to falling or rolling objects, or objects
piercing the sole, and where such employee’s feet are exposed to electrical
hazards, such as a static-discharge or electric-shock hazard, that remains after
the employer takes other necessary protective measures.
(b) Protective footwear must
comply with any of the following consensus standards:
(A) ASTM F-2412-2005, Standard
Test Methods for Foot Protection, and ASTM F-2413-2005, Standard Specification for
Performance Requirements for Protective Footwear, which are incorporated by reference
in 1910.6;
(B) ANSI Z41-1999, American
National Standard for Personal Protection — Protective Footwear, which is
incorporated by reference in 1910.6; or
(C) ANSI Z41-1991, American
National Standard for Personal Protection — Protective Footwear, which is
incorporated by reference in 1910.6.
(c) Protective footwear that
the employer demonstrates is at least as effective as protective footwear that is
constructed in accordance with one of the above consensus standards will be deemed
to be in compliance with the requirements of this section.
(d) Special types or designs
of shoes or foot guards are required where conditions exist that make their use
necessary for the safety of workers.
(11) Leg protection
(a) Leggings or high boots
of leather, rubber, or other suitable material must be worn by persons exposed to
hot substances or dangerous chemical spills.
(b) Employees using chain
saws must wear chaps or leg protectors that cover the leg from the upper thigh to
mid-calf. The protector must be material designed to resist cuts from the chain
saw. Employers must provide this protection at no cost to the employee.
NOTE: To 437-002-0134(11)(b): Employees
working in the tree and shrub services industry must follow rules on this subject
in Subdivision 2/R instead of the above.
(12) Hand Protection.
(a) Employers must select
and require employees to use appropriate hand protection when employees’ hands
are exposed to hazards such as those from skin absorption of harmful substances;
severe cuts or lacerations; severe abrasions; punctures; chemical burns; thermal
burns; and harmful temperature extremes.
(b) Employers must base the
selection of the appropriate hand protection on an evaluation of the performance
characteristics of the hand protection relative to the task(s) to be performed,
conditions present, duration of use, and the hazards and potential hazards identified.
(c) Gloves must not be worn
by persons whose hands are exposed to moving parts in which they could be caught.
(13) Skin protection. Where
the need for their use is necessary, protective covering, ointments, gloves, or
other effective protection must be provided for and used by persons exposed to materials
which are hazardous to the skin.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001
- 654.295
Hist.: OSHA 4-2011, f. &
cert. ef. 12-8-11; OSHA 2-2013, f. 2-15-13, cert. ef. 4-1-13; OSHA 3-2015, f. 10-9-15,
cert. ef. 1-1-16
437-002-0139
Working Underway on Water.
(1) Scope and Application: This
rule applies to all employees not covered by division 3, Construction; division
4, Agriculture or division 6, Forest Practices.
(2) Definitions:
(a) Boat — means every
description of water craft used or capable of being used as a means of transportation
on the water, but does not include aircraft built to land on the water.
EXAMPLE: A partial list
includes: boats, rafts, barges, pontoons, dredges and floating logs.
(b) Serviceable condition —
means the flotation device is able to perform the function that the manufacturer
intended.
(c) Underway — means when
a boat is not at anchor, or moored, or made fast to the shore, or aground.
(3)(a) Workers in boats that
are underway must wear a Coast Guard approved or equivalent, wearable personal flotation
device (PFD).
EXCEPTION: Workers, below
deck or in enclosed parts of boats, like cabins and pilot houses need not wear the
PFD but must have it at hand.
(b) The PFD must be the right
size for the wearer and must be in serviceable condition according to the manufacturer’s
requirements and recommendations.
Stat. Auth.: ORS 654.025(2)
& 656.726(4)

Stats. Implemented: ORS 654.001
- 654.295

Hist.: OSHA 9-1993, f. 7-29-93,
cert. ef. 9-15-93; OSHA 1-2001, f. 1-18-01, cert. ef. 3-1-01
Subdivision J — General
Environmental Controls
437-002-0140
Adoption by Reference
In addition to and not in lieu of, any
other safety and health codes contained in OAR Chapter 437, the Department adopts
by reference the following federal regulations printed as part of the Code of Federal
Regulations, 29 CFR 1910, in the Federal Register:
(1) 29 CFR 1910.141 Sanitation,
published 6/8/11, Federal Register, vol. 76, no. 110, p. 33590.
(2) Reserved for 29 CFR 1910.142
Temporary labor camps.
(3) 29 CFR 1910.143 Nonwater
carriage disposal systems (Reserved).
(4) 29 CFR 1910.144 Safety
color code for marking physical hazards, published 12/14/07, FR vol. 72, no. 240,
p. 71061.
(5) 29 CFR 1910.145 Specifications
for accident prevention signs and tags, published 6/13/13, FR vol. 78, no. 114,
p. 35559.
(6) 29 CFR 1910.146 Permit-required
confined spaces. Repealed with Oregon OSHA AO 6-2012, f. 9/28/12, ef. 4/1/13. In
Oregon, OAR 437-002-0146 applies.
(7) 29 CFR 1910.147 The control
of hazardous energy, (lockout/tagout); published 5/2/11, Federal Register vol. 76,
no. 84, p. 24576; 7/25/11, FR vol. 76, no. 142, p. 44265.
(8) 29 CFR 1910.148 Removed.
Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239.
(9) 29 CFR 1910.149 Removed.
Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239.
(10) 29 CFR 1910.150 Removed.
Published 3/7/96, Federal Register, vol. 61, no. 46, p. 9239.
These federal standards are on file with the
Oregon Occupational Safety and Health Division, Department of Consumer and Business
Services and the United States Government Printing Office.
Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001
- 654.295
Hist.: OSHA 2-1990, f. 1-19-90,
cert. ef. 3-1-90; OSHA 4-1991, f. 2-25-91, cert. ef. 3-15-91; OSHA 13-1992, f. 12-7-92,
cert. ef. 2-1-93; OSHA 8-1993, f. & cert. ef. 7-1-93; OSHA 5-1994, f. &
cert. ef. 9-30-94; OSHA 4-1997, f. & cert. ef. 4-2-97; OSHA 2-1999, f. &
cert. ef. 4-30-99; OSHA 5-1999, f. & cert. ef. 5-26-99; OSHA 12-2001, f. &
cert. ef. 10-26-01; OSHA 7-2008, f. & cert. ef. 5-30-08; OSHA 3-2011, f. &
cert. ef. 11-1-11; OSHA 4-2011, f. & cert. ef. 12-8-11; OSHA 6-2012, f. 9-28-12,
cert. ef. 4-1-13; OSHA 7-2013, f. & cert. ef. 12-12-13
437-002-0141
Additional
Oregon Sanitation Requirements
(1) Definitions:
(a) “Potable
Water” means water meeting the bacteriological and chemical quality requirements
prescribed in OAR chapter 333, division 61, Public Water Systems, of the Oregon
State Health Division;
(b) “Sanitary”
means free from agents injurious to health.
(2) Expectoration.
Expectorating upon the walls, floors, workplaces, or stairs of any establishment
is prohibited.
(3) Disposal
of Waste Materials.
(a) Scrap,
waste material, or debris shall not be permitted to accumulate in work areas in
a manner that will constitute a hazard or contribute to a hazar?dous condition in
a place of employment. It shall be removed as required for the safety of workers.
(b) Flammable
waste, such as oily rags, shall be removed to a safe place, or be placed in containers
designed or suitable for such use.
(c) Where
the operation of machines or equip?ment creates waste materials hazardous to workers,
such machines or equipment shall be equipped with suitable collecting or removal
systems, except that where the refuse is too heavy, bulky, or otherwise unsuitable
to be handled by such means, provision for the temporary safe storage and regular
removal of the refuse shall be made.
NOTE: Water
supply systems design and construction standards are contained in the Oregon Health
Division rules, OAR chapter 333, division 61, Public Water Systems.
(4) Toilet Facilities.
Toilet facilities at perma?nent worksites must be reasonably accessible.
(5) Washing
Facilities. Handwashing facilities shall be provided in work areas where the employees
are exposed to hazardous materials which will have a deleterious effect on or be
absorbed through the skin if the contamination is not removed.
NOTE: OR-OSHA
did not adopt 1910.141(d)(3)(ii). In Oregon, OAR 437-002-0141(6) applies:
(6) Shower Facilities.
One shower shall be provided for each five employees of each sex, or numerical fraction
thereof, who are required to shower during the same shift.
(7) Ventilation/Smoking.
(a) Exhaust
or natural ventilation in eating facili?ties shall be sufficient to prevent the
excessive build-up of cigarette smoke, or other atmospheric contaminants.
(b) Where
employees work in an enclosed space, exhaust or natural ventilation shall be sufficient
to prevent the build-up of cigarette smoke or other atmospheric contaminants.
Stat. Auth.: ORS
654.025(2) & 656.726(3)

Stats. Implemented:
ORS 654.001 - 654.295

Hist.: OSHA
13-1992, f. 12-7-92, cert. ef. 2-1-93; OSHA 6-1994, f. & cert. ef. 9-30-94
NOTE: In
lieu of 1910.142, Temporary Labor Camps, the following Oregon-initiated rules have
been adopted. OAR 437, division 147, Labor Camps, was redesignated as part of Division
2/J, and renumbered as OAR 437-002-0142.
437-002-0142
Labor Camps
For temporary labor
camps operated by employers covered under Divisions 2 (General Industry), 3 (Construction)
and 7 (Forest Activities), the following rule applies: Division 4/J, 437-004-1120
(Agricultural Labor Housing and Related Facilities) except paragraphs (5), (6)(p)
and (24).
Stat. Auth.: ORS
654.025(2) & 656.726(3).

Stats. Implemented:
ORS 315.164, 658.750, 658.755, 658.780, 658.785, 658.805, 658.810 & 658.825

Hist.: OSHA
13-1992, f. 12-7-92, cert. ef. 2-1-93; OSHA 9-1995, f. & cert. ef. 11-29-95;
OSHA 5-2000, f. 5-18-00, cert. ef. 6-1-00; OSHA 4-2008, f. 3-24-08, cert. ef. 5-1-08
NOTE: The
following Oregon-initiated rule relates to 29 CFR 1910.147(c)(5).
437-002-0144
Additional
Oregon Rules for General Environmental Controls
(1) Illumination.
(a) Adequate
general and local lighting shall be provided for rooms, building and work areas
during the time of use.
(b) Factors
upon which the adequacy and effectiveness of illumination shall be judged, include
the following:
(A) The quantity
of light as specified in American National Standard ANSI All.1-1965, “American
Standard Practice for Industrial Lighting.”
(B) The quality
of light in terms of freedom from glare, and correct direction, diffusion and distribution.
(C) Freedom
from shadows and extreme contrasts.
(c) All skylights,
side windows, lamps and other accessories which are necessary for illumination shall
be kept clean, and in working order.
(2) Temperature
Provisions. Where processes create harmful or hazardous temperature and humidity
conditions, measures shall be taken to control the conditions or to control the
effect on the employee.
Stat. Auth.: ORS
654.025(2) & 656.726(3)

Stats. Implemented:
ORS 654.001 - 654.295

Hist.: OSHA
6-1994, f. & cert. ef. 9-30-94
437-002-0145
Additional
Oregon Rules for Accident Prevention and Tags
Warning Devices.
Warning signs, danger signs, warning flags, warning lights, or similar devices shall
be conspicuously posted at all locations where existing conditions not otherwise
adequately guarded warrant their use.
Stat. Auth.: ORS
654.025(2) & 656.726(3)

Stats. Implemented:
ORS 654.001 - 654.295

Hist.: OSHA
6-1994, f. & cert. ef. 9-30-94
437-002-0146
Confined Spaces
(1) Purpose and application. This rule
applies to all activities in confined spaces and provides requirements to protect
employees from the hazards of entering and working in confined spaces.
(2) Exceptions. This standard
does not apply to the following:
(a) Construction work regulated
by Division 3/P Excavations, except for entry into sanitary sewer spaces that are
large enough to bodily enter.
(b) Construction work regulated
by Division 3/S Underground Construction, Caissons, Cofferdams and Compressed Air,
except for sewers.
(c) Enclosed spaces regulated
by Division 2/RR Electric Power Generation, Transmission and Distribution, except
when that standard requires compliance with this standard.
(d) Reserved.
(e) Manholes and vaults regulated
by 1910.268(o) in Division 2/R Telecommunications, unless the space cannot be made
safe to enter even after following the requirements of 1910.268(o).
(f) Welding in confined spaces
regulated by Division 2/Q Welding, Cutting & Brazing, when the only hazards
are related to the welding process.
(g) Grain bins, silos, tanks,
and other grain storage structures regulated by 1910.272, Grain Handling Facilities.
(h) Diving operations regulated
by Division 2/T, Commercial Diving Operations.
(i) Except for (a) through
(h) above, when any other applicable standard addresses work in confined spaces
or additional hazards that may be present, you must comply with the provisions of
that standard and this standard. Where the requirements of one standard are more
restrictive than the other, follow the more stringent requirements.
(3) Definitions.
(a) Acceptable entry conditions:
The conditions that must exist in a permit-required confined space to allow safe
entry and work.
(b) Alternate entry —
An alternative process for entering a permit space under very specific conditions.
The space remains a permit space even when entered using alternate entry and even
though no entry permit is required in those circumstances.
(c) Atmospheric hazard (see
the definition of hazardous atmosphere).
(d) Atmospheric testing —
see “Testing.”
(e) Attendant — An
individual stationed outside one or more permit spaces to monitor the authorized
entrants and who performs all attendants duties assigned in the employer's permit
space program.
(f) Authorized — Approved
by the employer or controlling contractor.
(g) Authorized entrant —
An employee who is authorized by the employer to enter a permit space.
(h) Barrier — A physical
obstruction that blocks or limits access.
(i) Blanking or blinding
— The absolute closure of a pipe, line, or duct by the fastening of a solid
plate (such as a spectacle blind or a skillet blind) that completely covers the
bore and that is capable of withstanding the maximum pressure of the pipe, line,
or duct with no leakage beyond the plate.
(j) Calibration — The
checking of a direct-reading instrument against an accurate standard (such as a
calibration gas) to determine any deviation and correct for errors.
NOTE: A similar process may also be
referred to as a “bump test” in which an instrument is tested with an
accurate standard to ensure it is still reading correctly. For the purposes of this
rule, a “bump test” performed in accordance with the manufacturer’s
instructions can be used to verify calibration.
(k) Confined space — A space that
meets all of the following:
(A) Large enough and so configured
that an employee can fully enter the space and perform work.
(B) Has limited or restricted
means for entry and/or exit.
(C) Is not designed for continuous
human occupancy.
(l) Continuous system —
a confined space that meets all of the following:
(A) Part of, and contiguous
with, a larger confined space (for example, storm sewers, sanitary sewers, or steam
tunnels)
(B) Subject to a potential
release from the larger confined space that can overwhelm control measures and/or
personal protective equipment, resulting in a hazard that is immediately dangerous
to life and health.
(m) Control or controlling
— Authority to regulate, direct or influence.
(n) Controlling contractor
— The employer that has overall responsibility for construction at a worksite.
Note: A controlling contractor who
owns or manages a property is both a controlling contractor and a host employer.
(o) Double block and bleed — The
closure of a line, duct, or pipe by closing and locking or tagging two in-line valves
and by opening and locking or tagging a drain or vent valve in the line between
the two closed valves.
(p) Emergency — Any
occurrence (including any failure of hazard control or monitoring equipment) or
event internal or external to the permit space that could endanger entrants.
(q) Engulfment hazard —
A physical hazard consisting of a liquid or flowable solid substance that can surround
and capture an individual. Engulfment hazards may cause death or serious physical
harm if: the individual inhales the engulfing substance into the respiratory system
(drowning, for example); the substance exerts excessive force on the individual’s
body resulting in strangulation, constriction, or crushing; or the substance suffocates
the individual.
(r) Entrant (see the definition
of authorized entrant).
(s) Entry — The action
by which any part of an employee’s body breaks the plane of an opening into
a confined space. Entry (or entry operations) also refers to the period during which
an employee occupies a confined space.
(t) Entry Permit —
Written authorization from the employer, controlling contractor, or host employer
to enter a permit-required confined space and perform work.
(u) Entry supervisor —
The person (such as the employer, foreman, or crew chief, or any other designated
employee) responsible for:
(A) Determining if acceptable
entry conditions are present at a permit space where entry is planned; and
(B) Authorizing entry and
overseeing entry operations; and
(C) Terminating entry as
required.
(v) Hazard — For the
purpose of this rule, hazard means a physical hazard or hazardous atmosphere.
(w) Hazard control —
The action taken to reduce the level of any hazard inside a confined space using
engineering methods (for example, by isolation or ventilation), and then using these
methods to maintain the reduced hazard level. Hazard control also refers to the
engineering methods used for this purpose. Personal protective equipment is not
a hazard control.
(x) Hazard elimination —
The action taken to remove a hazard from the work environment. For confined spaces,
this includes isolation. For a hazard to be eliminated, the conditions that create
or cause the hazard no longer exist within the confined space.
(y) Hazardous atmosphere
— An existing or potential atmosphere that may expose employees to the risk
of death, incapacitation, impairment of ability to escape unaided from a permit
space, injury, or acute illness from one or more of the following:
(A) A flammable gas, vapor,
or mist in excess of 10 percent of its lower flammable limit.
(B) An airborne combustible
dust at a concentration that meets or exceeds its lower explosive limit.
NOTE: This concentration may be approximated
as a condition in which the dust obscures vision at a distance of 5 feet (1.52 meters)
or less.
(C) An atmospheric oxygen concentration
below 19.5 percent (oxygen deficient) or above 23.5 percent (oxygen enriched).
(D) An airborne concentration
of a substance that exceeds the dose or exposure limit specified by an Oregon OSHA
requirement.
NOTE: An atmospheric concentration
of any substance that is not capable of causing death, incapacitation, impairment
of ability to escape unaided, injury, or acute illness due to its health effects
is not covered by this provision. You must still follow all other applicable Oregon
OSHA requirements to protect employee health.
(E) An atmosphere that presents an immediate
danger to life or health (IDLH).
(z) Host employer —
An employer who owns or manages the property on which confined space work is taking
place.
(aa) Immediately dangerous
to life or health (IDLH) — Means any condition that poses an immediate or
delayed threat to life or that would cause irreversible adverse health effects or
that would interfere with an individual’s ability to escape unaided from a
permit space.
NOTE: Some materials — hydrogen
fluoride gas and cadmium vapor, for example — may produce immediate transient
effects that, even if severe, may pass without medical attention, but are followed
by sudden, possibly fatal collapse 12–72 hours after exposure. The victim
“feels normal” from recovery from transient effects until collapse.
Such materials in hazardous quantities are considered to be “immediately”
dangerous to life or health.
(bb) Inerting — The displacement
of the atmosphere in a permit space by a noncombustible gas (such as nitrogen) to
such an extent that the resulting atmosphere is noncombustible.
NOTE: This procedure produces an IDLH
oxygen-deficient atmosphere.
(cc) Isolate or isolation — The
elimination or removal of a physical or atmospheric hazard by preventing its release
into a confined space. Isolation includes, but is not limited to, the following
methods:
(A) Blanking or blinding.
(B) Misaligning or removing
sections of lines, pipes, or ducts.
(C) A double block-and-bleed
system.
(D) Machine guarding;
(E) Blocking or disconnecting
all mechanical linkages;
(F) Lockout or tagout of
all sources of energy.
NOTE: When using lockout/tagout, you
must follow all of the requirements of 1910.147, “The Control of Hazardous
Energy”.
(dd) Mobile worker — An employee
who performs work in multiple locations such as customer sites, company offices,
private homes, vendor offices, or construction sites.
(ee) Monitor or monitoring
— The process used to identify and evaluate the atmosphere in a permit space
after an authorized entrant enters the space. This is a process of checking for
changes in the atmospheric conditions within a permit space and is performed in
a periodic or continuous manner after the completion of the initial testing of that
space. (See also “testing.”)
(ff) Non-entry rescue —
Retrieval of entrants from a permit space without entering the permit space.
(gg) Permit-required confined
space (permit space) — A confined space that has one or more of the following
characteristics:
(A) Contains, or has a potential
to contain, a hazardous atmosphere.
(B) Contains a material that
has the potential to engulf an entrant.
(C) Has an internal configuration
such that an entrant could become trapped or asphyxiated by inwardly converging
walls or by a floor which slopes downward and tapers to a smaller cross-section.
(D) Contains any other recognized
serious safety or health hazard that can inhibit an entrants ability to escape unaided.
(hh) Physical hazard —
An existing or potential hazard that can cause death or serious physical harm in
or near a confined space, or a hazard that has a reasonable probability of occurring
in or near a confined space, and includes, but is not limited to:
(A) Explosives; mechanical,
electrical, hydraulic, and pneumatic energy; radiation; temperature extremes; engulfment;
noise; and inwardly converging surfaces; and
(B) Chemicals that can cause
death or serious physical harm through skin or eye contact (rather than through
inhalation).
(ii) Potential hazards —
All reasonably anticipated conditions within the space and outside the space that
can adversely affect conditions within the space.
(jj) Rescue — Retrieving
employees who are unable to remove themselves from a permit space. Rescue can be
entry or non-entry, and can be conducted by the employer’s employees or a
third-party.
(kk) Rescue service —
The onsite or offsite personnel who the employer designates to engage in non-entry
and/or entry rescue of employees from a permit space.
(ll) Retrieval system —
The equipment, including mechanical retrieval devices, used for non-entry rescue
of authorized entrants from a permit space.
(mm) Serious physical harm
— An impairment in which a body part is made functionally useless or is substantially
reduced in efficiency. Such impairment may include loss of consciousness or disorientation,
and may be permanent or temporary, or chronic or acute. Injuries involving such
impairment would usually require treatment by a physician or other licensed health-care
professional while an illness resulting in serious physical harm could shorten life
or substantially reduce physical or mental efficiency by impairing a normal bodily
function or body part.
(nn) Simulated Permit-Required
Confined Space — Is a confined space or a mock-up of a confined space that
has similar entrance openings, and is similar in size, configuration, and accessibility
to the permit space the authorized entrants enter. A simulated space does not need
to contain any physical or atmospheric hazards.
(oo) Testing — The
process of identifying and evaluating the atmospheric hazards that entrants may
be exposed to in a permit-required confined space. Testing includes specifying the
initial tests that are to be performed in the permit space. (See also “monitor
or monitoring”)
NOTE: Testing enables employers both
to devise and implement adequate control measures for the protection of authorized
entrants and to determine if acceptable entry conditions are present immediately
prior to and during entry.
(pp) Ventilate or ventilation —
Controlling an actual or potentially hazardous atmosphere using either powered equipment,
such as fans and blowers, or reliable natural air flow, or a combination of the
two, to reduce an otherwise hazardous atmosphere below the level that makes it a
hazardous atmosphere. Ventilation is a method of hazard control, not hazard elimination.
(qq) You — The employer.
Table.
(4) Evaluation.
(a) You must determine if
any of your confined spaces are permit-required confined spaces. This evaluation
must include:
(A) Any known or anticipated
hazard.
NOTE: If the only hazard associated
with a confined space is a fall hazard, it is not covered by the Confined Space
rule. If the space contains other hazards that make it a permit space, the fall
hazard must be addressed on the permit.
(B) The determination from any previous
evaluation of that space.
(C) Any precautions and procedures
previously implemented for entering the space.
(b) Exceptions:
(A) Employers of mobile workers
(for example, contractors, electricians, plumbers) where they are not the property
owner or controlling contractor are not required to perform this evaluation for
the entire site. Mobile worker employers must evaluate the areas they are responsible
for or where their employees will be working and must follow the requirements of
(4)(e).
(B) Controlling contractors
on sites with existing confined spaces are responsible for performing this determination
only for the area under their control.
(C) On sites where confined
spaces are being built, the host employer or controlling contractor is responsible
for ensuring this determination is accomplished only when:
(i) Any of their employees
enter that space.
(ii) An agent of the employer
enters that space.
(iii) Employees of an employer
accountable to that controlling contractor or host employer enter that space.
(iv) They assume control
over that space.
(c) Before employees of another
employer enter a confined space at your workplace that is under your control, and
you have information related to paragraph (4)(a), you must provide it to that employer.
(d) When a space has hazards
that make it a permit space:
(A) Develop and implement
a means so employees can identify that space. Signs, labels, or tags are methods
that can be used to accomplish this.
(B) Allow employees or their
representatives to observe the evaluation or re-evaluation of the space.
(C) When conditions within
a confined space or a permit space change, re-evaluate it.
(D) Take all necessary measures
to prevent unauthorized employees from entering permit spaces.
(e) Prevent employees from
entering any unevaluated confined space until it is fully evaluated.
(f) When your employees are
mobile, you must determine if they will be exposed to permit-required confined spaces
at their assigned work locations. This determination must include information, if
any, from the host employer or controlling contractor.
(A) Identify any physical
and atmospheric hazards that make the space a permit-required confined space.
(B) Allow employees or their
representatives to observe the evaluation or re-evaluation of the space.
(C) When conditions within
a confined space or a permit space change, re-evaluate it.
(D) Take all necessary measures
to prevent unauthorized employees from entering permit spaces.
(E) Prevent employees from
entering any unevaluated confined space until it is fully evaluated.
(5) Permit-Required Confined
Space Entry Program and Permits.
(a) When employees must enter
a permit space, develop and implement a written program that describes the means,
practices, and procedures to safely identify and enter permit spaces.
(b) Include the following
in the program:
(A) Documentation of entry
permit procedures.
(B) Measures taken to prohibit
unauthorized persons from entering permit spaces.
(C) Designation of employee
roles, such as entrants, attendants, entry supervisors, rescuers, or those who test
or monitor the atmosphere in a permit space.
(D) Identification of designated
employee duties.
(E) Training on the written
program and entry permits.
(F) Training employees on
their designated roles.
(G) Instructions to identify
and evaluate hazards.
(H) Methods to eliminate
and/or control hazards.
(I) Instructions on equipment
use and maintenance.
(J) Instructions to coordinate
entry with another employer.
(K) Procedures necessary
for concluding the entry and canceling the permit after entry operations have been
completed.
(c) On fixed sites, include
the following additional elements:
(A) The location of all permit
spaces.
(B) The reason for the classification
of each permit space or each type of permit space.
NOTE: Where there are multiple permit
spaces of the same type that have the same hazards, such as sewers, water vaults,
or valve pits, the exact location of each space does not need to be identified so
long as there is enough information so that employees can readily identify each
type of space and its hazards at each location.
(C) Exception: The locations of permit
spaces at remote unmanned locations do not need to be added to the program until
the first time employees go to that location after the effective date of this rule.
(d) Provide employees and
their representatives access to the written program.
(e) Provide entrants or their
authorized representatives access to the completed permit before entry so they can
confirm that pre-entry preparations have been completed.
(f) Review the permit program
when there is any reason to believe that employees are not adequately protected,
and revise it as necessary.
(A) Situations that require
this review include:
(i) Unauthorized entry of
a permit space.
(ii) Discovery of a previously
unrecognized hazard.
(iii) Existence of a condition
prohibited by the permit or permit program.
(iv) An injury or near-miss
during entry.
(v) An employee reports of
concerns about the effectiveness of the program.
(vi) Any other condition
that affects employee safety or health.
(B) When revising the permit
program to correct hazard-related deficiencies, do not allow entries into affected
permit spaces to be made until the revisions are complete.
(C) Provide employees and
their representatives access to the revised permit program.
(g) Review permits within
one year of their cancellation to evaluate:
(A) The permit program.
(B) The protection provided
to employees entering permit spaces.
(6) Permit Entry.
(a) Develop and implement
procedures for issuing permits. Procedures must include how to:
(A) Evaluate the hazards
of the space.
(B) Evaluate hazards of the
work to be performed.
(C) Identify safe entry conditions.
(b) Entry permits must include
the following information:
(A) The space to be entered.
(B) The purpose of the entry.
(C) The date, start, and
stop times of the permit.
(D) The hazards of the space.
(E) Acceptable entry conditions.
(F) Results of initial tests
and periodic monitoring performed to evaluate and identify the hazards and conditions
of the space, or the period for continuous monitoring, accompanied by the names
or initials of the testers and by an indication of when the tests were performed.
(G) Appropriate measures
used before entry to isolate the space and eliminate or control hazards.
Examples of appropriate measures include
the de-energizing and lockout or tagging of equipment, and procedures for purging,
inerting, ventilating, and flushing permit spaces.
(H) Names of entrants and current attendants.
(I) The signature of the
original supervisor authorizing entry.
(J) The current entry supervisor.
(K) Communication procedures
for entrants and attendants to maintain contact during the entry.
(L) Equipment provided for
safe entry, such as:
(i) Personal protective equipment
(PPE).
(ii) Testing and monitoring
equipment.
(iii) Communications equipment.
(iv) Alarm systems.
(v) Rescue equipment.
(M) Rescue services available,
and how to contact them.
(N) Other information needed
for safety in the particular permit space.
(O) Additional permits issued
for work in the space, such as for hot work.
(P) Any problems, if any,
encountered during the entry.
(c) Perform initial testing
for atmospheric hazards, where necessary, before entry is made.
(d) Provide each entrant
or their authorized representative with the results of any initial testing before
they enter the space.
(e) Maintain safe entry conditions
for the duration of the entry.
(A) When the space is too
large to isolate, or is part of a continuous system, such as a sewer, ensure continuous
monitoring where entrants are working for the duration of the entry.
(B) When an entrant or their
authorized representative has reason to believe that the testing or monitoring was
inadequate, re-test the space.
(f) Follow all actions and
precautions identified on the permit.
(g) When conditions require
the space to be evacuated, do not allow re-entry unless you:
(A) Re-assess the conditions
of the space to ensure it is safe for re-entry and ensure the permit reflects the
evacuation and subsequent re-assessment; or
(B) Issue a new permit.
(h) Allow entrants or their
authorized representatives the opportunity to observe monitoring, testing, and all
other actions taken to eliminate or control the hazards of the space.
(7) Equipment.
(a) When employees enter
permit spaces, provide the following equipment as necessary:
(A) Testing and monitoring
equipment.
(B) Ventilating equipment,
when needed, used to obtain and maintain acceptable entry conditions.
(C) Communication equipment,
such as a two-way radio, for effective communication between the attendant and all
entrants and to initiate rescue when necessary.
(D) Lighting equipment needed
to ensure employees can see well enough to work safely and exit the space quickly
in the event of an emergency.
(E) Barriers or shields to
protect entrants from external hazards, such as pedestrians and vehicles.
(F) Ladders or other equipment
to safely enter and exit the space.
(G) Rescue and emergency
equipment necessary to safely and effectively rescue entrants.
(H) Any other equipment necessary
to safely enter and exit the space.
(I) Personal protective equipment
as mandated by any applicable Oregon OSHA standard or as otherwise required by the
employer’s assessment of the hazards.
(b) Provide all necessary
equipment at no cost to employees.
(c) Ensure all equipment
is maintained and used in accordance with the instructions from the manufacturer.
(d) Train all employees who
use equipment in the use of that equipment.
(8) Personnel.
(a) Before employees enter
permit spaces, designate entrants, attendants, and entry supervisors.
NOTE: The entry supervisor can also
be either the attendant or entrant.
(b) Entrants must:
(A) Know the hazards that
may be faced during entry, including information on the type of hazard, as well
as signs, symptoms, and consequences of exposure to those hazards.
(B) Communicate with the
attendant as necessary so the attendant can monitor the entrant’s status and
to enable the attendant to alert entrants of the need to evacuate the space.
(C) Alert the attendant whenever
the entrant detects a dangerous or hazardous condition or warning sign or symptom
of exposure to a dangerous situation.
(D) Exit from the permit
space as quickly as possible whenever:
(i) An order to evacuate
is given by the attendant or the entry supervisor, or
(ii) The entrant recognizes
any warning sign or symptom of exposure to a dangerous situation, or
(iii) The entrant detects
a dangerous or hazardous condition, or
(iv) An evacuation alarm
is activated.
(c) Attendants must:
(A) Know the hazards that
may be faced during entry, including information on the type of hazard, as well
as signs, symptoms, and consequences of exposure to those hazards.
(B) Be aware of possible
behavioral effects of hazard exposure in authorized entrants.
(C) Continuously maintain
an accurate count of authorized entrants in the permit space and ensure that the
means used to identify authorized entrants accurately identifies who is in the permit
space.
(D) Remain outside the permit
space during entry operations until relieved by another attendant.
(E) Communicate with authorized
entrants as necessary to monitor entrant status and to alert entrants of the need
to evacuate the space.
(F) Monitor activities inside
and outside the space to determine if it is safe for entrants to remain in the space
and order the authorized entrants to evacuate the permit space immediately under
any of the following conditions:
(i) If the attendant detects
a dangerous or hazardous condition;
(ii) If the attendant detects
the behavioral effects of hazard exposure in an authorized entrant;
(iii) If the attendant detects
a situation outside the space that could endanger the authorized entrants; or
(iv) If the attendant cannot
effectively and safely perform all the duties required of the attendant.
(G) Summon rescue and other
emergency services as soon as the attendant determines that authorized entrants
may need assistance to escape from permit space hazards.
(H) Take the following actions
when unauthorized persons approach or enter a permit space while entry is underway:
(i) Warn the unauthorized
persons that they must stay away from the permit space;
(ii) Advise the unauthorized
persons that they must exit immediately if they have entered the permit space; and
(iii) Inform the authorized
entrants and the entry supervisor if unauthorized persons have entered the permit
space.
NOTE: The employer can give the attendant
the authority to remove unauthorized individuals who enter or who attempt to enter
the permit space during entry operations, so long as the attendant does not enter
the space.
(I) Perform non-entry rescues as specified
by the employer’s rescue procedure; and
(J) Perform no duties that
might interfere with the attendant’s primary duty to monitor and protect any
authorized entrant.
NOTE: An attendant may monitor more
than one space at a time, but the duties in relation to one space may not interfere
with the duties for any other spaces. If an attendants’ attention is focused
on one space, such as to initiate the rescue procedures, all other spaces that the
attendant is monitoring must be evacuated or another attendant must take over those
duties first.
(d) Entry supervisors must:
(A) Know the hazards that
may be faced during entry, including information on the type of hazard, as well
as signs, symptoms, and consequences of exposure to those hazards.
(B) Understand the means
and methods to control and/or eliminate the hazards of the permit space.
(C) Verify, by checking that
the appropriate entries have been made on the permit, that all tests specified by
the permit have been conducted and that all procedures and equipment specified by
the permit are in place before endorsing the permit and allowing entry to begin.
(D) Inform entrants and attendants
of the hazards and conditions associated with the space and the methods used to
eliminate and/or control those hazards.
(E) Terminate the entry and
cancel the permit as required by the permit entry program.
(F) Verify that rescue services
are available and that the means for summoning them are operable.
(G) Remove unauthorized individuals
who enter or who attempt to enter the permit space during entry operations.
(H) Reevaluate the conditions
within the space whenever responsibility for a permit space entry operation is transferred
and at intervals dictated by the hazards and operations performed within the space.
(9) Rescue.
(a) Before employees enter
a permit space, develop and implement procedures to remove entrants in the event
of an emergency or when they are unable to evacuate without outside assistance.
These procedures must include:
(A) The process for summoning
rescue services.
NOTE: At a minimum, if an off-site
rescue service is being considered, the employer must contact the service to plan
and coordinate the evaluations required by the standard. Merely posting the service’s
number or planning to rely on the 911 emergency phone number to obtain these services
at the time of a permit space emergency would not comply with the rescue requirements
of the standard.
(B) The process for summoning emergency
medical services or transporting injured entrants to a medical facility.
(C) If an injured entrant
is exposed to a substance for which a Safety Data Sheet (SDS) or other similar written
information is required to be kept at the worksite, that SDS or written information
must be made available to the medical facility treating the exposed entrant.
(b) Ensure rescue personnel
can respond to a rescue call in a timely manner. Timeliness is based on the identified
hazards of the space. Rescuers must be able to reach potential victims within an
appropriate time frame based on the identified hazards of the permit space.
NOTE: When there are multiple entrants
in a permit space, the rescue plan needs to address how all entrants will be removed
in a timely manner.
(c) Ensure all rescuers, including non-entry,
entry, and third-party, are knowledgeable in basic first aid and cardiopulmonary
resuscitation (CPR). At least one member must be certified in first aid and CPR.
NOTE: Additional medical training,
such as oxygen administration, the use of automated external defibrillators (AEDs),
and personnel decontamination should be considered.
(d) Rescuers must practice performing
permit space rescues prior to entry and no more than 12 months before an entry.
(A) The practice rescue must
include every type of space in which the rescue team may perform rescues.
(B) The practice rescue must
include removing persons, dummies, or manikins from the actual permit spaces, or
representative spaces (simulated permit-required confined spaces) that have similar
opening size, configuration, and accessibility issues as the actual permit spaces
where rescue may be performed.
NOTE: Reliance upon “self rescue”
does not constitute an acceptable rescue program.
(e) Where feasible, use non-entry retrieval
systems or methods whenever an authorized entrant enters a permit space, unless
it would increase the overall risk to the entrant or would not contribute to the
rescue of the entrant.
(A) Non-entry Rescue. Use
a retrieval system that meets the following requirements.
(i) Each authorized entrant
must use a chest or full body harness, with a retrieval line attached at the center
of the entrant’s back near shoulder level, above the entrant’s head,
or at another point which you can establish presents a profile small enough for
the successful removal of the entrant. Wristlets or ankle straps or other equally
effective means may be used in lieu of the chest or full body harness if you can
demonstrate that the use of a chest or full body harness is infeasible or creates
a greater hazard and that the use of other methods are the safest and most effective
alternative.
(ii) Attach the other end
of the retrieval line to a mechanical device or fixed point outside the permit space
so that rescue can begin as soon as the attendant becomes aware that rescue is necessary.
Ensure a mechanical device is available to retrieve personnel from vertical type
permit spaces more than 5 feet (1.52 m) deep.
(B) Entry Rescue.
(i) Where non-entry rescue
is not feasible or would increase the overall risk to the entrant, designate a rescue
team before employees enter any permit space.
(ii) Ensure the rescue team:
(I) Can efficiently rescue
employees from permit spaces.
(II) Has the appropriate
equipment to rescue employees from all permit spaces employees enter.
(iii) Inform each rescue
team or service about the hazards they may confront when called to perform rescue.
(iv) Provide the rescue team
or service with access to all permit spaces from which rescue may be necessary.
(v) Provide rescue team members
with personal protective equipment (PPE) needed for safe entry and any other equipment
required to safely conduct rescues.
(vi) Rescue team personnel
must have the same training and proficiencies as a permit space entrant, attendant,
and/or entry supervisor.
(vii) When a third-party
rescue service is used, ensure that the service is:
(I) Aware that they are so
designated and agree to it prior to entry.
(II) Capable of performing
all required rescue operations.
(III) Knowledgeable in first
aid and CPR, and at least one member is certified in first aid and CPR.
(10) Alternate Entry.
(a) Permit spaces may be
entered without a permit when:
(A) All hazards have been
eliminated; or
(B) All physical hazards,
if any, have been eliminated and all atmospheric hazards are controlled with continuous
ventilation.
NOTE: For purposes of this rule, tagout
alone does not eliminate a hazard.
NOTE: Continuous ventilation
does not eliminate atmospheric hazards. It only controls the hazards.
(b) Exception: Alternate entry cannot
be used to enter a continuous system unless you can isolate the area to be entered
from the rest of the space, can demonstrate that the conditions that caused the
hazard or potential hazard no longer exist within the system during the entry, or
can demonstrate that engulfment cannot occur and continuous ventilation in the area
to be entered is sufficient to control atmospheric hazards.
(c) When employees enter
permit spaces under alternate entry, you do not need to comply with the requirements
of paragraphs (5), (6), (8), (9), (12), and (13) of this rule for those entries.
(d) Develop and implement
procedures for each space that can be entered with alternate entry procedures. These
procedures must address:
(A) Who can authorize alternate
entry procedure and is responsible for ensuring safe entry conditions.
(B) The hazards of the space.
NOTE: When fall hazards (if any) have
been addressed and all other physical hazards, if any, have been eliminated and
all atmospheric hazards have been eliminated, or are controlled with continuous
ventilation, alternate entry is allowed.
(C) The methods used to eliminate hazards.
(D) The methods used to ensure
that the hazards have been eliminated.
(E) The methods used to test
the atmosphere within the space, where applicable, for all atmospheric hazards.
(F) The methods used to determine
if unsafe conditions arise before or during entry.
(G) The criteria and conditions
for evacuating the space during entry.
(H) The methods for training
employees in these procedures.
(I) The methods for ensuring
employees follow these procedures.
(e) When using ventilation
to control atmospheric hazards:
(A) Use only properly calibrated
direct-reading meters to test the atmosphere.
(B) Test the atmosphere for
all identified atmospheric hazards before entering the space.
(C) Do not allow employees
to enter until testing verifies that all identified atmospheric hazards are adequately
controlled by the ventilation.
(D) Perform continuous monitoring
for all atmospheric hazards during the entry.
(E) Immediately evacuate
the space:
(i) When monitoring indicates
the return of atmospheric hazards.
(ii) Upon any failure with
the direct-reading instrument.
(iii) Upon any failure with
the ventilation.
(iv) When a new hazard is
introduced or conditions within the space change.
(f) Provide all employees
who will conduct the entry or their representatives the opportunity to observe all
activities used to comply with this section.
(g) Provide all employees
who conduct entry an effective means of communication, such as a two-way radio,
cell phone, or voice if other employees are present, to summon help while within
the space.
(h) When a space is evacuated,
it cannot be re-entered as an alternate entry unless:
(A) The conditions that necessitated
the evacuation are corrected; and
(B) The re-entry is treated
and documented as a new entry.
(i) Document each entry.
This documentation must include:
(A) The location of the space.
(B) The hazards of the space.
(C) The measures taken to
eliminate the hazards.
(D) When applicable, the
measures used to control the atmospheric hazards.
(E) When applicable, the
identity of the direct-reading instruments used to test the atmosphere.
(F) When applicable, the
results of the atmospheric testing.
(G) The date of the entry.
(H) The duration of the entry.
(I) When applicable, any
and all conditions that required the evacuation of the space.
(J) The name, title, and
signature of the person responsible for ensuring the safe entry conditions.
(j) Maintain this documentation
for the duration of the entry at the location of the entry.
NOTE: Additional record retention requirements
may apply under 1910.1020. “Access to Employee Medical and Exposure Records.”
(11) Training.
(a) Train each employee involved
in permit space activities so they acquire the understanding, knowledge, and skills
necessary to safely perform their duties, according to their assigned responsibilities.
(A) Provide training:
(i) For all new employees.
(ii) Before an employee is
assigned permit space duties.
(iii) Before there is a change
in an employee’s assigned duties.
(iv) When there is a hazard
for which the employee hasn’t already been trained, or when there is a change
in the hazards of an existing confined space.
(v) When there are changes
to the permit program.
(vi) When the permit audit
shows deficiencies.
(vii) Whenever there is a
deviation from the established procedures or employee knowledge of the procedures
is inadequate.
(B) Document employee training.
Ensure the documentation:
(i) Contains the employee’s
name, the name and signature of the trainer, and the date of training.
(ii) Contains the responsibilities
for which they were trained.
(iii) Is available for inspection
by employees and their authorized representative.
(b) Ensure each employee
is proficient in their assigned duties.
(c) Awareness training:
(A) Provide all employees
whose work operations are or may be in an area where permit spaces are present with
a basic overview of:
(i) The permit space program.
(ii) The entry permit system.
(iii) The alternate entry
procedures, if used.
NOTE: Awareness training is not required
for employees whose exposure is negligible, such as office workers who walk in a
parking lot that has a sewer manhole or workers entering a building with a baghouse
near it, as long as those employees have no other exposures to permit spaces. Similarly,
when all permit spaces cannot be accessed or opened by employees, awareness training
is not required.
An example of this are spaces that
are locked or require a specialized tool, access to the key or tool is controlled,
and access without the key or tool would require extraordinary means (such as a
chop saw or cutting torch).
(B) Provide this training:
(i) For all new affected
employees.
(ii) For all employees whose
duties change to include work in areas with permit spaces.
(iii) When inadequacies in
an employee’s knowledge indicate that the employee has not retained the requisite
understanding.
(iv) When there is a change
in the permit program.
(v) When there are new or
previously unidentified permit spaces.
(C) Ensure all employees
understand how to recognize permit spaces in their work area.
(12) Multi-employer worksites.
(a) Unless you fall within
an exemption under paragraph (4)(b), before employees of another employer enter
permit spaces under your control, you must:
(A) Inform the employer and
their employees:
(i) That the workplace contains
permit spaces and can be entered only when the applicable requirements of this rule
are met.
(ii) Of the identified hazards
and your experience with each permit space they will enter.
(iii) Of any precautions
or procedures you require to protect employees in or near spaces where the work
will be performed.
(B) Coordinate entry operations
with the employer, when employees of different employers will be working in or near
the same permit spaces.
(C) Discuss entry operations
with the employer after they are complete. This discussion must include:
(i) The program followed
during permit space entry, and
(ii) Any hazards confronted
or created.
(b) When your employees enter
a permit space under the control of another entity, at the conclusion of entry operations,
inform the controlling contractor and host employer about the precautions and procedures
you followed and any hazards that were present or that developed during entry operations.
(13) Records. Keep cancelled
permits for at least one year from the date the permit expires for review (see paragraph
(5)(g)).
NOTE: Additional record retention requirements
may apply under 1910.1020 “Access to Employee Medical and Exposure Records.”
(14) Effective dates. For work covered
under Division 3, Construction, these rules are effective as of March 1, 2015.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001
- 654.295
Hist.: OSHA 6-2012, f. 9-28-12,
cert. ef. 4-1-13; OSHA 5-2014, f. 10-20-14, cert. ef. 1-1-15; OSHA 3-2015, f. 10-9-15,
cert. ef. 1-1-16

The Control of Hazardous Energy (Lockout/Tagout)

NOTE: This exemption of construction, agriculture and maritime employment was not adopted in Oregon. Lockout/ tagout rules continues to apply to all Oregon employers.)
NOTE: The following Oregon-initiated rule relates to 29 CFR 1910.147(c)(5):
437-002-0154
Individual Locks
In addition to and not instead of the definition of "lockout device" in this section, the user must have the only key to each lock(s) or only the user may have the combination to each lock.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(4)

Stats. Implemented: ORS 654.001 - ORS 654.295

Hist.: OSHA 2-1990, f. 1-19-90, cert. ef. 3-1-90; OSHA 12-2001, f. & cert. ef. 10-26-01
CONTINUE TO OARs 437-002-0161 through 437-002-0311
JUMP FORWARD TO OARs 437-002-0312 through 437-002-2324







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